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REQUEST FOR PROPOSALS (RFP)
WASTEWATER COLLECTION SYSTEM MODEL UPDATE
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
November 2019
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from qualified
engineering firms to update the City’s wastewater collection model (Phase I) and wastewater
collection system facility plan (Phase II).
Copies of the Request for Proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be in the format specified, enclosed in a sealed envelope and clearly identified
with RFP title, company name and due date, and transmitted via hard copy together with an
electronic searchable PDF version.
Deliver RFPs to the City Clerk by Friday, December 6th, 2019 at 3:00 p.m. MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted and will be returned unopened.
The physical address is:
City Clerk’s Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana.
The mailing address is:
City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771
(USPS only, shipping companies should be sent to the physical address)
NON-DISCRIMINATION
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFP on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Robin
Crough, City Clerk (406) 582-2321, agenda@bozeman.net.
Any technical questions relating to the RFP scope of services shall be directed in writing to: Lance
Lehigh, Engineer III, (406) 582-2284, llehigh@bozeman.net.
DATED at Bozeman, Montana, this 7th day of November, 2019.
Robin Crough
City Clerk
City of Bozeman
For publication on:
Sunday, November 10th, 2019
Sunday, November 17th, 2019
Sunday, November 24th, 2019
I. INTRODUCTION
The City, is seeking proposals from qualified engineering firms to update the City’s wastewater
collection model (Phase I) and wastewater collection system facility plan (Phase II).
The City intends to enter into a Professional Services Agreement with the selected firm to update
the City’s wastewater collection model (Phase I). Upon completion of the wastewater model
update, the City may, at its discretion and further subject to available funding, request additional
professional services from the selected firm to update the City’s wastewater facility plan (Phase
II). The selection under this procurement action will be based on all scope of services outlined
below notwithstanding Phase II being a potential additional service.
The release of this RFP alone shall not commit the City to enter into a Professional Services
Agreement, to pay any expenses incurred in preparation of any response to this request, or to
procure or contract for any supplies, goods or services.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the City.
II. PROJECT BACKGROUND AND DESCRIPTION
The City is seeking proposals from qualified engineering firms to provide professional
engineering services to complete an update of its wastewater collection model (Phase I) and
wastewater collection facility plan (Phase II). The wastewater collection model was updated in
2015 as part of the City’s Wastewater Collection Facilities Plan Update. The wastewater
collection model has been used to help evaluate existing infrastructure capacity, identify
system deficiencies, determine future infrastructure needs, and ultimately aide in the
development of a comprehensive facilities plan that addresses both present and future system
requirements.
Since the wastewater model update, many of the improvements identified in the facility plan
have been completed. As development pressure continues to grow and existing infrastructure
ages, the wastewater collection system model must be updated to ensure the City can continue
to meet its level of service goals and accommodate growth.
Past project information and applicable data is available by request.
III. SCOPE OF SERVICES
The preliminary scope of work involved for this project is outlined below. Additional tasks and
work elements may be added during contract negotiations. It is also possible that tasks or
elements could be deleted through negotiation. In its proposal, the consultant may
recommend addition/deletion of tasks or modification of tasks in describing its particular
understanding and approach for the project.
Proposals must clearly identify any elements of the proposed scope of work that would not be
provided by the prime consultant. Any sub-consultants which comprise the overall consultant
team must be identified along with a description of past working history between the firms.
The City desires to complete the proposed work in a diligent manner. Proposals must clearly
indicate the consultant’s anticipated schedule given their staffing and current and projected
work load commitments.
Phase I – Wastewater Collection System Model Update
Task 1 - Project Management
a. Attend Meetings and Prepare Status Reports
Identify project milestones and deliverables. Prepare a meeting schedule to discuss
milestones and present deliverables. Prepare a method for providing regular status
reports for the duration of the project. Present this information in a work plan and
schedule.
b. Conduct Quality Control and Quality Assurance
Implement appropriate methods of quality control throughout project implementation.
Prepare a Quality Control/Quality Assurance Plan.
c. Review Historical Documents and Information
Review historical documents and information provided by the City or acquired
through public sources as necessary to develop an understanding of the project.
Deliverables: Work plan, schedule, monthly invoices, meeting agendas, meeting
minutes, and a Quality Control/Quality Assurance Plan
Task 2 - Data Collection
a. Issue Request-for-Information
Prepare and issue a Request-for-Information including the types and extent of data and
documentation desired to implement the project. Archive all information collected
during the project and submit the archive to the City upon completion of the project.
b. City Vertical Datum Update to NAVD88
Consult with the City to define and clarify how vertical survey information is currently
collected, processed, and ultimately maintained. Provide recommendations on the
following:
• Conversion of existing vertical data into the NAVD88 datum.
• Equipment, infrastructure and/or software needed to maintain a consistent
horizontal and vertical survey network throughout the City.
• A plan to best position the City for seamless vertical datum updates by the
National Geodetic Survey in the future.
c. Sanitary sewer manhole vertical survey and Condition Assessment
Collaborate with City staff to develop a vertical survey plan for all existing rims and
inverts within the City’s sewer collection system that would be included in the model
update. In addition, develop manhole condition inspection methodology that would be
implemented during the manhole vertical survey.
Deliverables:
Field survey documentation and GIS files, condition inspection information, relevant
data collected and used throughout the project. Technical memorandum(s) presenting
all Task 2 items above.
Task 3 - Wastewater Characterization
a. Assess Land Use Planning Maps
Assess existing and proposed land use, zoning, and other planning information within
the City’s planning boundary to determine existing and future boundaries for model
scenario development.
b. Wastewater Generation
Develop and execute an approach for calculating and allocating wastewater generation.
The approach should include future conditions in planned growth scenarios. The
approach should be well documented and repeatable for future model demand
updates.
c. Inflow and Infiltration
Develop and execute an approach for calculating and allocating inflow and infiltration.
d. Flow Monitoring and Weather Station Analysis
Develop and execute an approach for deploying flow monitoring devices within the
wastewater collection system to collect representative flow data during wet weather
and dry weather periods to validate wastewater generation, and inflow and infiltration
analyses. Correlate flow monitoring data to weather station data to develop wet
weather and dry weather flow scenarios for existing and future system model analyses.
Deliverables: Technical Memo(s) describing the approach for City review and approval
followed by execution and a Technical Memo(s) presenting the results.
Task 4 – Innovyze® Hydraulic Model Update & Analysis
a. GIS Production Database
Collaborate with City staff to establish an automated process to update the Innovyze®
hydraulic model to match the City’s GIS production database, specifically, the
incorporation of new assets that are not included in the existing working model. An
audit of the GIS data should be incorporated in this process to verify all network
requirements are adhered to and that the data match the model schema. The
automation scripting shall be executed within FME Platform by Safe Software™.
b. Model Network Update
Incorporate manhole rim and invert vertical survey information into the model from the
data gathered in Task 2.
c. Facilities Update
Incorporate all other relevant information into the model (i.e. lift station pump curves,
force mains, etc.)
d. Update the Innovyze® Wastewater Collection Model, including Model Calibration
Develop an Innovyze® computer model of the collection system suitable for hydraulic
analysis of the wastewater collection system. Calibrate the model to a high level of
accuracy against the data collected in Task 3.d. Develop relevant model scenarios in
collaboration with City staff that allow quick analysis of both existing and future
development. These scenarios should allow City staff to determine system capacity,
adequacy, and deficiencies. These scenarios will be the basis for preparing the capital
improvement program and final comprehensive wastewater facility plan report (Phase
II). Scenarios shall be well documented and utilize a consistent naming schema that
allow for direct identification of the scenario within the name itself.
The City’s current wastewater collection system model is built within the InfoSWMM
module by Innovyze®. The City is open to migrating to a different module within the
Innovyze® platform (e.g. InfoSewer) depending on consultant recommendations. We
will not entertain utilizing a model platform other than Innovyze® (Please describe the
proposed Innovyze® software module intended for use on this project and why it is the
most suitable application for the City.)
e. Establish Hydraulic Performance Criteria
Establish wet weather and dry weather design criteria suitable for performing hydraulic
analysis of the collection system, including lift stations and force mains.
f. Determine Existing System Capacity, Adequacy, and Identify Hydraulic Deficiencies
Using the design criteria as a baseline, determine the capacity of the existing collection
system on a sewershed basis. Based on allocated wastewater generation, evaluate the
adequacy of the existing collection system within each sewershed to meet design
criteria requirements. Note any locations or system components that have insufficiency
capacity to meet design criteria requirements under existing and future conditions.
g. Recommend Mitigation
Develop a mitigation plan for each hydraulic deficiency. If there are multiple options for
mitigation, recommend the most suitable alternative.
Deliverables: Calibrated model and files. Technical memorandum(s) documenting the
model update process, assumptions, and methodology for incorporating new assets into
the model. Provide easily understandable figures and charts showing system
deficiencies under both existing and future conditions along with recommended
mitigation strategies.
Task 5 – Ongoing As-needed Hydraulic Analysis and Training for a period of three (3)
years
a. As-Needed Hydraulic Analysis
At the request of City staff, provide hydraulic analysis support and updates using the
platforms developed during the update process.
b. Training
At the request of City staff, provide training on various hydraulic modeling scenarios,
model setup, and calibration.
Phase II – Wastewater Facility Plan Update
Upon completion of Phase I, the City may request, at its discretion and further subject to
available funding, the following additional professional services from the selected firm. If the
City elects to complete Phase II, a separately negotiated amendment to the Professional
Services Agreement will be prepared.
Task 6 - Prepare Capital Improvement Program
a. Validate Existing Capital Improvement Program
Validate any projects in the existing CIP currently funded or in design. Note any
projects that are no longer valid. Note any projects that would benefit from
modification. Explain the rationale for the validation, modification or rejection of
each existing capital project.
b. Identify and Summarize Projects
Indicate whether projects are needed (1) to address existing capacity and
performance issues, (2) to support growth, or (3) mitigate system risk (See Task 7
Collection System Risk Assessment).
c. Establish Prioritization Criteria
Establish criteria for determining the prioritization of the identified projects.
d. Develop Unit Cost Assumptions
Develop planning-level unit cost assumptions for the most common types of
identified projects.
e. Prioritize Projects
Prioritize recommended projects and describe prioritization criteria and rationale.
f. Prepare an Implementation Plan
Prepare a planning-level implementation strategy for those projects necessary for
developing a wastewater rate study (if applicable).
Deliverables: Technical Memo presenting the above items, Unit Cost and CIP
spreadsheets.
Task 7 – Collection System Risk Assessment
a. Collection System Risk Approach
Develop and execute an approach for preparing a system-wide risk assessment of
the assets. The City uses a GIS-based asset management platform. The approach
should discuss compatibility with the City’s GIS system.
b. Establish Planning Criteria
Establish performance-based criteria suitable for assessing the condition of each
system component.
c. Collect Field Data
Develop and execute an approach for collecting field data if the City has insufficient
historical data for condition assessment.
d. Evaluate Condition of Assets
Based on historical data and field data, evaluate the condition of the collection
system in terms of application of planning criteria.
e. Identify Performance Deficiencies
Note any locations or system components that have insufficiency performance
according to planning criteria.
f. Recommend Mitigation
Develop a mitigation plan for each performance deficiency. If there are multiple
options for mitigation, recommend the most suitable alternative.
Deliverables: Technical Memo presenting the above items along with risk
assessment spreadsheets or files.
Task 8 - Prepare Wastewater Collection Facility Plan Report
Deliverables: Wastewater Collection Facility Plan Report to include all Technical Memos
and appendices presented above into one seamless, easily understood document along
with a clear executive summary. The Technical Memos should be written so they can be
easily modified to become chapters in the final report. The consultant shall furnish the
City with a searchable electronic PDF file of the final of the Plan and deliver five (5)
printed and bound copies. Final deliverable shall include the final model, GIS, and other
applicable files used in the creation of the facility plan.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the responses applies.
• Firm Background
• Project Overview
• Project Approach
• Management Approach
• Staff Qualifications
• Related Experience with Projects Similar to the Scope of Services
• Proposed Schedule
a) Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Sunday, November 10th, 2019
Sunday, November 17th, 2019
Sunday, November 24th, 2019
Deadline for receipt of proposals Friday, December 6th, 2019 – 3:00 PM
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 12:00 PM MST on November 27, 2019.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Robin Crough,
City Clerk, (406) 582-2321, agenda@bozeman.net
Technical questions related to the scope of services or requests for additional information
relating to this project of RFP requirements should be directed in writing to: Lance Lehigh,
Engineer III, llehigh@bozeman.net
VIII. RFP – FORM AND CONTENTS
Deliver one (1) original, five (5) copies, and one searchable PDF digital copy (via flash drive),
prepared as follows:
i. General Instructions:
a. RFP responses must be bound and signed by an officer or principal of
your firm.
b. RFP responses must be contained in a document not to exceed 20 pages
total (20 single-sided or 10 double-sided pages) including whatever
pictures, charts, graphs, tables, and text the firm deems appropriate to
be part of the review of the firm's qualifications. A separate transmittal
letter, cover page, cover sheets, dividers, and resumes are exempted
from the page limit. Page size is limited to 8-l/2 x 11 inches, with no
smaller than 0.75” margins, with basic text information no smaller than
11-point type.
c. Schedules may be submitted in addition to the page limit.
ii. Proposal Contents
a. Section 1 – Firm Background: The Proposal shall include the names,
offices, addresses, email addresses and phone numbers for Consultant
and subconsultant staff that are proposed to be involved in the project.
The Proposal shall identify in which office(s) the majority of production
will occur.
b. Section 2 – Project Overview: The Proposal shall include a description of
the Consultant’s understanding of the Project. The Proposal shall
include a statement acknowledging the Scope of Services. At a
minimum, this should include a description of proposed technical
memoranda, data, and report deliverables.
c. Section 3 – Project Approach: The Proposal shall provide a detailed
description of the proposed approach to the Project. The description
shall include details to implement the tasks described in the Scope of
Services. The Consultant is encouraged to provide comments and
enhancements to the scope provided in the RFP. The Proposal shall
include a discussion regarding the Project’s technical issues and the
Consultant’s approach to handling these issues. The Consultant shall
also explain how technical memos, workshops, and review meetings will
be used, working with the framework of the Scope of Services, to
achieve consensus. Emphasis should be placed on how the Consultant’s
technical approach will promote the Project’s success.
d. Section 4 – Management Approach: The Proposal shall include a
discussion regarding the Consultant’s management approach, including
coordination and monitoring of project schedule, cost, scope,
communications, quality, resources, and other management issues that
the Consultant feels should be addressed. Emphasis should be placed
on how the Consultant’s management approach will promote the
Project’s success. The Consultant’s approach to quality control in the
preparation of documents and other deliverable shall be clearly
described in this section as well.
e. Section 5 – Staff Qualifications: The Proposal shall include a team
member organizational chart and a listing and biography of key
individuals proposed to be assigned to the project. Each individual’s
proposed position, responsibility, present and projected workloads
shall be indicated. Special emphasis shall be provided on the individual’s
backgrounds, qualifications, certifications, experience on related and
similar projects, and the location from where their work will be
performed. The Proposal shall clearly indicate who will be in charge of
the project. At least three client references, including name, description
of past working relationship, and current contact information, shall be
listed for key individuals. Consultant/Subconsultant affiliation, and
professional engineering licenses, including discipline and state of
licensure, shall be designated for each individual. Full resumes may be
included as an appendix to the Proposal (resumes are exempted from
the page limit).
f. Section 6 – Related Experience: The Proposal shall include profiles of
similar projects that the firm(s) and proposed team members have
completed in the last ten (10) years including project name, date,
description and capacity of project, location, cost, and client reference
including phone number. The firm's role in the project should also be
described (planning, preliminary design, design, construction
management, etc., and prime Consultant, subconsultant, etc.). For each
project, indicate which proposed team members worked on the project
and describe the role/work they performed and their levels of
involvement. This section shall be limited to four (4) pages.
g. Section 7 – Proposed Schedule: The Consultant shall develop draft
schedule, using the resources proposed by the Consultant, and describe
how the proposed staff will meet the resource requirements of the
project. The Consultant shall prepare a schedule showing all major
project tasks, milestones, and deliverables required to complete all
work. The consultant shall assume a notice to proceed date of January
15th, 2020.
As the initial submittal to the City, PROPOSALS IN RESPONSE TO THIS RFP MUST BE DELIVERED
NO LATER THAN 3:00 PM, MOUNTAIN TIME, December 6th, 2019, in a sealed box or envelope
with company name shown clearly on the outside, addressed to:
Wastewater Collection System Model Update
Bozeman City Clerk
City Hall
121 North Rouse Avenue
Bozeman, MT 59715
RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL
NOT BE CONSIDERED AND SHALL BE REJECTED.
IX. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal
requirements and deadline. The review committee, in its opinion, will chose the most
qualified consultant to provide services required for the project. Submittals that do not meet
the deadline will not be considered.
A determination of finalists will be made by the selection committee based on review and
evaluation of the written proposals received. The City reserves the right to interview finalists
to aid in its consultant selection but does not guarantee that interviews will occur. The
selection committee will choose, in its sole determination, the most-qualified consultant to
perform professional services for the project. Contract negotiations will proceed after
selection and will take into account the estimated value of services to be rendered, as well as
the scope, complexity and professional nature thereof, in order to arrive at a contract which
the City determines to be fair and reasonable.
If the City is unable to negotiate a satisfactory contract with the consultant initially selected
at a price the City determines to be fair and reasonable, negotiations with that consultant will
be formally terminated and the City will select another consultant in accordance with MCA
18-8-204 and continue until an agreement is reached or the process is terminated.
All submitted proposals must be complete and contain the information required as stated in
the "Request for Proposals”.
X. SELECTION CRITERIA
Proposals will be evaluated on the following criteria and the requirements of MCA 18-8-
201 et seq; which includes the following criteria:
• The consultant’s specific project approach and understanding;
• Qualifications of professional personnel to be assigned to the project;
• Capability to meet project time and budget requirements;
• Location of the consultant in relation to project;
• Present and projected workloads;
• Related experience on similar projects;
• Recent and current work for the City.
XI. FORM OF AGREEMENT
The consultant will be required to enter into a Professional Services Agreement contract with
the City in substantially the same form as the professional services agreement attached as
Attachment B. The consultant shall within its proposal identify any revisions, using MSWord
track changes feature, to the standard contract language that it would desire if selected to
perform services. If no revisions are desired, then a statement to this effect shall be provided.
XII. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
A. All proposals submitted in response to this RFP become the property of the City and
public records and, as such, may be subject to public review.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 30 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest; and to reject, without
liability therefore, any and all proposals upon finding that doing so is in the public
interest.
C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals. The professional services contract between the City of Bozeman and the
successful Contractor will incorporate the Contractor's scope of service and work
schedule as part of the agreement (see Appendix B for form of professional services
agreement. The professional services agreement presented to the Contractor may
differ from this form as appropriate for the scope of services).
E. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or seek
any legal remedies whatsoever regarding any aspect of this RFP.
F. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
G. Projects under any contract are subject to the availability of funds.
XIII. NONDISCRIMINATION POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
XIV. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
APPENDIX A
NONDISCRIMINATION AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin,
or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the hiring
and treatments or proposer’s employees and to all subcontracts.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Appendix B – Form of Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 201__,
by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to
as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the _____ day of ______________, 201_.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services.
The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances,
rules, and regulations that in any manner may affect cost, progress or performance of the Scope
of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term
is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use
workers both skilled in their trade and specialized in their field of work for all work to which they
are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate
for Non Construction Services in effective and applicable to Gallatin County, Montana which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis.
Violation of the requirements set forth in the above State of Montana schedule of prevailing wage
rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall
maintain payroll records during the term of this Agreement and for a period of three (3) years
following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible,
is paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without expectation
of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The
specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of
the indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the
Contractor to assert its right to defense or indemnification under this Agreement or under the
Contractor’s applicable insurance policies required below the indemnitee shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)
thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to
the claim. In the event Contractor fails to provide such notice, Contractor shall waive all
rights to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ or such other individual as City shall designate
in writing. Whenever approval or authorization from or communication or submission to
City is required by this Agreement, such communication or submission shall be directed to
James Goehrung as the City’s Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or
submission to other designated City personnel or agents as listed above and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall
require these nondiscrimination terms of its subcontractors providing services under this
agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City
Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement
run longer than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****