HomeMy WebLinkAbout19- Agreement - Elkhorn Commissioning Group, LLC - Commissioning Services for the Bozeman Public Safety Center 80
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AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING
GROUP FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY
CENTER
THIS AGREEMENT is made and entered into this ZU day of 5Ap/z,,.,�,2019,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 "Owner," and,Elkhorn Commissioning Group, LLC,
with a mailing address of PO Box 11826, Bozeman, MT 59719, hereinafter referred to as "Commissioning
Provider."
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 PART 1
1.1 COMPENSATION l
1.1.1 The Owner shall compensate the Commissioning Provider as follows:
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COMMISSIONING SERVICES AMOUNT
Pre-Construction&Design Phase $12,610.00
Construction Phase $0.00
Acceptance Phase $0.00
Close-out $0.00
Basic Services Total= $0.00
ADDITIONAL SERVICES AMOUNT
$0.00
Additional Services Total= $0.00
AMOUNT
TOTAL SUM FOR ALL SERVICES= $12,610.00
The compensation shown above is for the services,responsibilities, and duties of the Commissioning
Provider necessary to complete the Scope of Services as such services are provided for in included in
AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING GROUP
FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY CENTER Page 1 of 17
Section III of the Request for Qualifications for Design and Pre-Construction Phase Commissioning
Services issued by the Owner, dated July 14, 2019 and the Commissioning Proposal from
Commissioning Provider dated September 6, 2019 for the Owner's design and construction of the
Bozeman Public Safety Center(the"Project").
If there are services required beyond the scope of this Agreement, such services shall be negotiated
with the Owner. Services beyond the scope of this Agreement must be authorized by the Owner in
writing prior to performance of such services or they shall be at the Commissioning Provider's sole
expense.
The Commissioning Provider recognizes this Agreement includes Pre-construction Services only with
a Guaranteed Maximum Fee (GMF) on a cost reimbursement basis, with provisions for adding
Construction and Acceptance Phase Services by written contract amendment executed by the Parties.
As such,the Owner may, at its sole discretion,choose not to amend this Agreement after completion
of pre-construction activities to add Construction and Acceptance Phase Services,and may choose to
then solicit bids from qualified Commissioning Agents for the construction of the Project.
1.1.2 The Owner will make progress payments to the Commissioning Provider on account of services
rendered. Any remaining amounts due after Substantial Completion will be paid to the Commissioning
Provider upon completion of particular service items delineated in this Agreement or upon Final
Acceptance of the Project.
1.1.3 Each request for payment submitted by the Commissioning Provider shall be on the Owner's form. Pay
requests shall not be submitted to the Owner on more than a monthly basis. The Owner has thirty(30)
calendar days from the date of receipt to process payment to the Commissioning Provider of all
undisputed amounts.
1.1.4 If the Owner determines that any representations on pay requests submitted by the Commissioning
Provider are wholly or partially inaccurate,the Owner may withhold payment of amounts in dispute
until the inaccuracy and its cause have been corrected to the Owner's satisfaction.
1.1.5 The Owner may make deductions or withhold payment of amounts in dispute or for damages to the
Owner involving the Commissioning Provider or the Commissioning Provider's consultants.
1.1.6 By submission of the final pay request the Commissioning Provider certifies to the Owner that all bills
for materials,supplies,utilities and for all other items or services furnished or caused to be furnished
and used in the execution of this Agreement have been fully paid to date and that there are no unpaid
claims or demands of State or Federal Agencies,consultants,employees, or any others resulting from
or arising out of any work done under this Agreement.
1.1.7 Reimbursable Expenses.
1.1.7.1 All reimbursable expenses for services as part ofthis Agreement are included in the Total Sum.
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1.1.7.2 Reimbursable Expenses are defined as:
1.1.7.2.1 transportation in connection with the Project, out-of-town travel and subsistence,
and electronic communications;
1.1.7.2.2 document reproductions for other than bidding, plots, standard form documents,
telephone/cell phone,postage,handling and delivery;
1.1.7.2.3 expense of professional liability insurance dedicated exclusively to this Project or
the expense of additional insurance coverage or limits requested by the Owner in
excess of that normally carried by the Commissioning Provider and the
Commissioning Provider's consultants;and,
1.1.7.2.4 other similar direct Project-related expenditures as approved in writing in advance
by the Owner.
1.1.8 Records of expenses for all services performed,changes in service,reimbursable expenses,and other
expenses shall be available to the Owner or the Owner's authorized representative at mutually
convenient times.
1.2 ENUMERATION OF AGREEMENT
This Agreement is also comprised of
1.2.1 Bozeman Public Safety Center Preliminary Project Description (PPD) as prepared by Think One
Architecture and all related change orders approved by Owner;
1.2.2 The Scope of Services included in Section III of the Request for Qualifications for Commissioning
Services issued by the Owner,dated July 14,2019(Exhibit 1);and,
1.2.3 Commissioning proposal from Commissioning Provider dated September 6,2019(Exhibit 2).
1.3 PROJECT TEAM
1.3.1 The Owners project team consists of the following:
1.3.1.1 Design Project Manager is: William Hanson,A.I.A.,ThinkOne
(406)586-7020
bhanson@thinkl.coin
1.3.1.2 Construction Project Manager is: Loren Cantrell,Langlas&Associates,Inc.
(406)585-3420
lorenc@langlas.com
1.3.1.3 Owner's Project Manager is: Chuck Winn,Assistant City Manager
(406)582-2307
cwinn@bozeman.net
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1.3.1.4 The Owner's Project Manager is authorized to act on the Owner's behalf. The Owner's Project
Manager may appoint a person to act on behalf of the Owner should the Owner's Project
Manager be unavailable. The Owner's Project Manager shall render decisions in a timely
manner in order to avoid unreasonable delay in the orderly and sequential progress of the
Commissioning Provider's services.
1.3.1.5 The Commissioning Provider shall communicate and coordinate with the Owner's Project
Manager in all instances regarding the Project, Project Program, Project Schedule, Project
Budget,transfers of information,scheduling meetings,and any Agency requests.
1.3.2 The Commissioning Provider:
1.3.2.1 Designated Representative is: Kevin Smith,Elkhorn Commissioning Group
(406)403-6526
lcevin@elldiorncx.com
1.3.2.2 The Commissioning Provider's Designated Representative shall be authorized to act on the
Commissioning Provider's behalf with respect to the Project and to bind the Commissioning
Provider and the Commissioning Provider's consultants.
1.4 GENERAL TERMS AND CONDITIONS
1.4.1 The Owner and Commissioning Provider shall cooperate with one another to fulfill their respective
obligations under this Agreement. Both parties shall endeavor to maintain professional working
relationships among all members of the Project Team.
1.4.2 Licensing Requirements. By signature on this Agreement, the declaration is made that the
Commissioning Provider is professionally qualified,registered,and licensed to practice in the State of
Montana. In accordance with Montana law, the Commissioning Provider shall stamp and sign the
Contract Documents(drawings and specifications).
1.4.3 The Commissioning Provider shall be responsible for the professional quality,technical accuracy,and
coordination of all concepts, programming, reports, designs, drawings, specifications, and other
services furnished under this Agreement. The Commissioning Provider shall, without additional
compensation, correct or revise any errors, deficiencies, or omissions in concepts, programming,
reports,designs,drawings,specifications,estimates,and other services.
1.4.4 Neither the Owner's review, approval or acceptance of,nor payment for,the services required under
this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement, and the Commissioning Provider
shall be and remain liable to the Owner in accordance with applicable law for all costs and damages to
the Owner caused by the Commissioning Provider's negligent performance of any of the services
furnished under this Agreement.
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1.4.5 Rights&Remedies. The rights and remedies of the Owner allowed by law are in addition to any rights
and remedies provided in this Agreement.
1.4.6 Relationship. The relationship of the Commissioning Provider to the Owner under this Agreement is
that of an Independent Contractor. The Commissioning Provider(and the Commissioning Provider's
consultants) is not an employee of the Owner, is not carrying out the regular business of the Owner,
and is not subject to the same employment regulations as applicable to employees of the Owner. Each
of the parties will be solely and entirely responsible for their own acts and the acts of their employees.
No benefits,special considerations,or employer/employee-type provisions_are provided by the Owner
to the Commissioning Provider, the Commissioning Provider's employees, or the Commissioning
Provider's consultants,or the consultants' employees.
In addition, The Commissioning Provider accepts the fiduciary relationship of trust and confidence
established by this Agreement and covenants with the Owner to cooperate with the Architect and
Construction Manager/General Contractor and exercise the Commissioning Provider's best skill and
judgment in furthering the interests of the Owner in furnishing services under this Agreement.
1.4.7 Records and Documentation:
1.4.7.1 The Commissioning Provider and the Commissioning Provider's consultants shall be aware
that all documentation, including electronic correspondence, in the Owner's possession are
public records and the Owner may be obligated to make all such records available upon request
to any party or individual unless such records are not subject to disclosure by law.
1.4.7.2 The Owner shall have access to all records, documents, correspondence, and files of the
Commissioning Provider,its employees, engineers, and consultants pertaining to the Project.
This access shall be continuing and survive Final Acceptance of the Project or the termination
of this Agreement for either cause or convenience. Such records shall be kept in a generally
recognized format for a period of three(3)years from the effective date of termination of this
Agreement or Final Acceptance of the Project by the Owner. All records shall be available to
the Owner and its authorized representatives.
1.4.8 The Commissioning Provider warrants that he has not employed or retained any person,partnership,or
corporation, other than a bona fide employee or principle owner working for the Commissioning
Provider to solicit or acquire the Project described in this Agreement.
1.5 RESPONSIBILITIES OF THE PARTIES
1.5.1 Owner's Responsibilities:
1.5.1.1 Unless otherwise provided under this Agreement, the Owner shall provide information in a
timely manner regarding requirements and parameters of the Project.The Owner shall furnish
information, in conjunction with the Commissioning Provider's services, setting forth the
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Owner's objectives, schedule, constraints and criteria, including space requirements and
relationships,special equipment,systems and site requirements as applicable to the Project.
1.5.1.2 The Owner shall examine documents submitted by the Comrnissiorung Provider and shall
render decisions pertaining thereto.
1.5.1.3 The Owner shall furnish the services of consultants other than those designated as part of the
Commissioning Provider's responsibility or authorize the Commissioning Provider to furnish
them as a change in service or scope.
1.5.1.4 The Owner shall furnish testing, inspections, and reports as necessary for the Project such as
geotechnical,structural,mechanical,chemical,hazardous materials,and other laboratory tests;
inspections, and reports not incorporated into this Agreement or shall authorize the
Commissioning Provider to furnish them as a change in service or scope.
1.5.1.5 The Owner shall furnish accounting and auditing services as may be necessary for the Project,
as it may require,ascertaining how or for what purposes the Commissioning Provider has used
the funds paid under the terms of this Agreement.
1.5.1.6 If the Owner observes or otherwise becomes aware of any error,fault, omission,or defect in
the Project or non-conformance with the documentation or plans and specifications, it shall
give prompt notice thereof to the Commissioning Provider.
1.5.2 Commissioning Provider's Responsibilities/Representations:
1.5.2.1 The Commissioning Provider's services shall be performed as expeditiously as is consistent
with professional skill and care,the essential orderly progress of the Project,and in accordance
with the Project schedule. The Commissioning Provider recognizes and agrees that time is of
the essence of this Agreement in the performance of its services.
1.5.2.2 Tile Commissioning Provider shall maintain the confidentiality of information specifically
designated as confidential by the Owner, unless withholding such information would violate
the law or create the risk of significant harm to the public. The Commissioning Provider shall
require similar agreements of the Commissioning Provider's consultants to maintain the
confidentiality of information specifically designated as confidential by the Owner.
1.5.2.3 Except with the Owner's knowledge and express written consent,the Commissioning Provider
shall not engage in any activity, or accept any employment, other agreement, interest, or
contribution that would reasonably appear to compromise the Commissioning Provider's
professional judgment with respect to this Project.
1.5.2.4 The Commissioning Provider is expressly prohibited from participating in or bidding on any
pant of the contract for construction or multiple construction contracts,if any,let by the Owner
or the Owner's Construction Manager/General Contractor.
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1.5.2.5 The Commissioning Provider shall review laws, codes, and regulations applicable to the
Commissioning Provider's services. The Commissioning Provider shall respond in the design
of the Project to requirements imposed by governmental authorities having jurisdiction over
the Project.
1.5.2.6 The Commissioning Provider shall be entitled to rely on the accuracy and completeness of
services and information furnished by the Owner and/or the Agency. The Commissioning
Provider shall provide prompt written notice to the Owner if the Commissioning Provider
becomes aware of any errors,omissions,or inconsistencies in such services or information.
1.5.2.7 To induce Owner to enter into this Agreement,Commissioning Provider makes the following
representations:
1.5.2.7.1 Commissioning Provider has familiarized itself with the nature and extent of this
Agreement, the Scope of Services, the Project, 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.
1.5.2.7.2 Commissioning Provider represents and warrants to Owner 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 Owner will not
determine or exercise control as to general procedures or formats necessary to have
these services meet this warranty.
1.6 CHANGE IN SERVICES
1.6.1 Change in services of the Commissioning Provider,including services required of the Commissioning
Provider's consultants, may be accomplished after execution of this Agreement without invalidating
the Agreement.
1.6.2 A change in the Project scope or program is not prima fascia evidence that the Commissioning Provider
shall be due additional fees nor does such a change necessarily indicate a change in services.
1.6.3 The Parties shall negotiate and enumerate changes in services by signed, written addendum to this
Agreement.
1.6.4 The Commissioning Provider shall promptly notify the Owner prior to providing any services it
considers to be a change from those enumerated in this Agreement.
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1.6.4.1 If the Owner deems that all or a part of such services are not required, the Owner shall give
prompt notice to the Commissioning Provider,and the Commissioning Provider shall have no
obligation to provide those services.
1.6.4.2 If the Owner deems that all or a part of such services are required,the Owner shall give prompt
notice to the Commissioning Provider,and the two parties shall negotiate an appropriate change
in services addendum to this Agreement.
1.6.4.3 The Owner may determine that all or part of such services are required but is not obligated to
agree that such services are a change in the services of the Commissioning Provider. All such
instances shall be subject to the "Dispute Resolution" article of this Agreement. The
Commissioning Provider shall continue faithful performance of services which shall include
matters in dispute.
1.6.5 None of the following circumstances are prima fascia evidence that the Commissioning Provider is
experiencing a change in services for the Project, due adjustment to the schedule, or due additional
compensation:
1.6.5.1 change in the instructions or approvals given by the Owner that necessitate revisions in
program,design, or Contract Documents unless such changes are extensive and significantly
alter the basic concepts of the Project;
1.6.5.2 enactment or revision of codes,laws or regulations or official interpretations which necessitate
changes to previously prepared Contract Documents as the Commissioning Provider is charged
with being familiar with all such items and with coordinating all issues with officials having
jurisdiction;
1.6.5.3 unless there is significant change in the Project size and complexity as a result of changes to
the Project;
1.6.5.4 performance or failure of performance on the part of the Owner or the Owner's consultants or
contractors unless such performance or failure are demonstrated to have damaged the
Commissioning Provider;
1.6.5.5 a dispute resolution proceeding or a legal proceeding related to the Project;or,
1.6.5.6 the Owner's increasing the Project budget or the estimated construction cost to adequately fund
the Project,or extension of the Project schedule.
1.7 OWNERSHIP OF DOCUMENTS
1.7.1 All documents developed under this Agreement are and shall become the property of the Owner
whether the Project for which they are made is or is not executed.
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1.7.2 The signing of this Agreement shall constitute a complete transfer of ownership, intellectual property,
and copyright of all documents from the Commissioning Provider to the Owner upon substantial
completion of the Project. Such transfer shall not be construed by the Commissioning Provider as a
grant for usage by the Owner nor can it be revoked by the Commissioning Provider.
1.7.3 The Owner agrees to indemnify and hold harmless the Commissioning Provider from any and all
claims,demands and causes of action of any kind or character arising separately from this Project as a
result of Owner's reuse of the documents developed under this Agreement.
1.7.4 The Owner is restricted from using the Commissioning Provider's license seal/stamp/signature in any
form or manner as part of any reuse of documents developed under this Agreement. The
Commissioning Provider may not remove its license seal/stamp/signature from the Contract Documents
used to construct the Project but may do so from electronic record drawings delivered to the Owner.
1.7.5 The Commissioning Provider shall have the right to include photographic or artistic representations of
the design and construction of the Project among the Commissioning Provider's promotional and
professional materials. The Commissioning Provider shall be given reasonable access to the completed
Project to make such representations. However, the Commissioning Provider's materials shall not
include the Owner's confidential or proprietary information regardless of whether the Owner has
previously advised the Commissioning Provider in writing of the specific information considered by
the Owner to be confidential or proprietary.
1.8 DISPUTE RESOLUTION
1.8.1 The Owner and Commissioning Provider shall endeavor to resolve controversies,claims,disputes,and
other matters in question between them through good faith debate,discussion,and negotiation prior to
submitting them to mediation or other legal proceeding.
1.8.2 During all debate, discussion, negotiation, and mediation proceedings, the Commissioning Provider
shall continue with performance of services in accordance with this Agreement. The Owner shall
continue to make payment for services not in dispute in accordance with this Agreement.
1.8.3 Any and all controversies,disputes,claims,or other matters between the parties arising out of or related
to this Agreement shall be decided and settled in accordance with this Agreement.
1.8.4 In no event shall any claim or dispute be made after the date when institution of legal or equitable
proceedings based on such claim,dispute,or other matter in question would be barred by the applicable
statute of limitations.
1.8.5 Mediation:
1.8.5.1 Any claim,dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to the institution of subsequent
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legal or equitable proceedings by either party. However, the parties may mutually
agree in writing to waive mediation and proceed directly to the institution of legal or
equitable proceedings.
1.8.5.2 Request for mediation shall be filed in writing with the other party to the Agreement and
the parties shall endeavor to agree upon a mediator and a location for the proceedings.
Unless otherwise mutually agreed upon, mediation shall be in accordance with the
Construction Industry Mediation Rules of the American Arbitration Association,
except Rule M-2 (filing with AAA). Requests for mediation shall not be filed with
AAA unless agreed upon by both parties to do so.
1.8.5.3 No legal or equitable proceedings may occur until attempts at mediation have failed unless
both parties have mutually waived mediation.
1.8.5.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation may be enforceable by agreement of
the Parties as settlement agreements in the venue specified in this Agreement.
1.8.6 Dispute Between Owner and Contractor:
1.8.6.1 In the event a dispute arises between the Owner, its Architect, or its Construction
Manager/General Contractor, or any other party, whether before, during, or after
construction,the Commissioning Provider shall advise and consult with the Owner in
attempting to resolve the dispute,whether informally or by mediation, arbitration, or
other legal proceeding.
1.8.6.2 The Commissioning Provider will make himself and/or his consultants, agents, and
employees available and shall permit inspection of his records by the Owner. In the
event that it is ultimately determined that the Commissioning Provider did not cause
or contribute to the dispute, damages, or expenses alleged, the Commissioning
Provider shall be reimbursed by the Owner for all costs reasonably incurred upon final
resolution of the dispute.
1.8.6.3 The Owner, at its sole discretion, may also enjoin the Commissioning Provider and/or
consolidate any claim or dispute with the Commissioning Provider to any dispute
between the Owner and its Architect,Construction Manager/General Contractor.
1.8.6.4 If there is no formal determination or finding of fault, the Commissioning Provider and
Owner may negotiate terms for payment unless the Owner suffered loss as a result of
the dispute and believes the Commissioning Provider was responsible for or
contributed to the loss or cause of the dispute. In such event,any such dispute between
the Owner and the Commissioning Provider shall be subject to resolution per the terms
of this Agreement.
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1.8.6.5 The Owner will not be required to reimburse the Commissioning Provider at any time
prior to a final determination or resolution of any claim or dispute. In the event the
Commissioning Provider caused, in whole or in part,the dispute or controversy, the
Commissioning Provider shall bear his costs for participating in the resolution.
1.9 INDEMNITY/WAMER OF CLAIMS/INSURANCE
For other than professional services rendered, to the fullest extent permitted by law, Commissioning
Provider agrees to release, defend, indemnify, and hold harmless the Owner, its agents, representatives,
employees,and officers(collectively referred to for purposes of this Section as the Owner)from and against
any and all claims,demands,actions,fees and costs(including attorney's fees and the costs and fees of and
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 Owner 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
Commissioning Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the
Commissioning Provider's agents.
For the professional services rendered, to the fullest extent permitted by law, Commissioning Provider
agrees to indemnify and hold the Owner 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 Commissioning Provider or Commissioning Provider'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 ofthis Section must not be construed to negate,
abridge, or reduce any common-law or statutoiy rights of the indemnitee(s)which would otherwise exist
as to such indemnitee(s).
Commissioning Provider's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by Owner.
Should any indemnitee described herein be required to bring an action against the Commissioning Provider
to assert its right to defense or indemnification under this Agreement or under the Commissioning
Provider'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 Commissioning Provider was obligated to defend the
claim(s)or was obligated to indemnify the indemnitee for a claim(s)or any portion(s)thereof.
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In the event of an action filed against Owner resulting from the Owner's performance under this Agreement,
the Owner may elect to represent itself and incur all costs and expenses of suit.
: ............
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Commissioning Provider also waives any and all claims and recourse against the Owner 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,Commissioning Provider shall at Commissioning Provider'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 Commissioning Provider in this Section. The insurance coverage shall not
contain any exclusion for liabilities specifically assumed by the Commissioning Provider in 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 Owner without limit and without regard
to the cause therefore and which is acceptable to the Owner and Commissioning Provider shall furnish to
the Owner an accompanying certificate of insurance and accompanying endorsements in amounts not less
than as follows:
® Workers'Compensation—statutory;
® Commercial General Liability-$1,000,000 per occurrence;$2,000,000 annual aggregate;
® Automobile Liability-$1,000,000 property damage/bodily injury;$2,000,000 annual aggregate;and
® Professional Liability-$1,000,000 per claim;$2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The Owner, 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 Owner and shall include no less than a sixty (60) day notice of cancellation or non-
renewal. The Owner must approve all insurance coverage and endorsements prior to the Contractor
commencing work. Commissioning Provider shall notify Owner within two (2) business days of
Commissioning Provider's receipt of notice that any required insurance coverage will be terminated or
Commissioning Provider's decision to terminate any required insurance coverage for any reason.
1.9.4 Equal Opportunity Employment/Discrimination. The Commissioning Provider agrees that all hiring of
persons performing this Agreement shall be on the basis of merit and qualifications. The Commissioning
Provider will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Commissioning Provider 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 or in the performance of this Agreement
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
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Commissioning Provider 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 Commissioning
Provider shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
1.9.5 Personnel Expenses pertaining to mandatory or customary contributions and benefits related to employment
taxes and other statutory employee benefits,insurance,sick leave,holidays,vacations,employee retirement
plans,and similar contributions are entirely the responsibility of the Commissioning Provider.
1.10 TERMINATION OR SUSPENSION OF THIS AGREEMENT
1.10.1 The Owner or Commissioning Provider may terminate this Agreement upon giving written notice
to the other that such party has defaulted and failed to fulfill its obligations under this Agreement.
The written notice must contain an itemized description and accounting of default and failure. In
the event of such default,the Commissioning Provider or Owner shall allow ten(10)calendar days
for corrective action or submission of a corrective action plan by the other party. The ten(10)days
shall be based upon the date of receipt of the notice by the other party. Should no satisfactory
corrective action be taken or acceptable corrective action plan be provided by the defaulting party,
the other shall have right to immediately terminate the Agreement through a subsequent written
notice of termination.
1.10.2 The Owner may terminate this Agreement without cause or for convenience at any time upon giving
written notice to the Commissioning Provider. If the Agreement is terminated without cause or for
convenience,the Commissioning Provider shall be compensated for all services rendered prior to
receiving the written notice.
1.10.3 If the Commissioning Provider fails to fulfill his obligations and the Agreement is terminated,the
Owner may prosecute the Project to completion by contract or other means available. The
Commissioning Provider shall be liable to the Owner for any and all additional costs incurred due
to the Commissioning Provider's failure to perform. The rights and remedies available to the
Owner provided herein are in addition to any and all other rights and remedies provided by law or
equity.
1.10.4 If the Owner fails to make payments to the Commissioning Provider in accordance with this
Agreement,such failure shall be considered substantial non-performance and cause for termination
subject to the written notice provision above or,at the Commissioning Provider's option,cause for
suspension ofperformance of services under this Agreement. Ifthe Commissioning Provider elects
to suspend services,prior to suspension of services the Commissioning Provider shall also give ten
(10)days written notice to the Owner. In the event of a suspension of services,the Commissioning
Provider shall have no liability to the Owner for delay or damage caused the Owner because of
such suspension of services. The Commissioning Provider shall resume services upon corrective
action or submission of a corrective action plan by the Owner.
AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING GROUP
FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY CENTER Page 13 of 17
1.10.5 The Commissioning Provider cannot terminate this Agreement or suspend services if the Project is
suspended or delayed by the Owner. The Owner shall notify the Commissioning Provider
concerning any suspension or delay and may direct the Commissioning Provider to suspend
services accordingly.
1.10.6 Should termination of this Agreement occur,the compensation described in this Section is the sole
compensation due to Commissioning Provider for its performance of this Agreement.
Commissioning Provider 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.
1.11 LIMITATION_ ON COMMISSIONING PROVIDER'S DAMAGES: TIME FOR ASSERTING
CLAIM
1.11.1 In the event of a claim for damages by Commissioning Provider under this Agreement,
Commissioning Provider's damages shall be limited to contract damages and Commissioning
Provider 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.
1.11.2 In the event Commissioning Provider wants to assert a claim for damages of any kind or nature,
Commissioning Provider shall provide Owner 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 ten(10)days of the facts and circumstances giving rise to the claim. In the event
Commissioning Provider fails to provide such notice, Commissioning Provider shall waive all
rights to assert such claim.
1.12 MISCELLANEOUS
1.12.1 Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Commissioning Provider
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 Owner under this Agreement while on
Owner's property or in the performance of any activities under this Agreement. Commissioning
Provider 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. Owner shall have the right to request proof of such
compliance and Commissioning Provider shall be obligated to furnish such proof. The
Commissioning Provider shall be responsible for instructing and training the Commissioning
Provider's employees and agents in proper and specified work methods and procedures. The
Commissioning Provider shall provide continuous inspection and supervision ofthe work performed.
The Commissioning Provider is responsible for instructing his employees and agents in safe work
practices.
AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING GROUP
FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY CENTER Page 14 of 17
1.12.2 Modification and Assignability. This Agreement may not be enlarged,modified or altered except
by written agreement signed by both parties hereto. The Commissioning Provider may not
subcontract or assign Commissioning Provider's rights, including the right to compensation or
duties arising hereunder, without the prior written consent of Owner. Any subcontractor or
assignee will be bound by all of the terms and conditions of this Agreement.
1.12.3 Reports/Accountability/Public Information. Commissioning Provider agrees to develop and/or
provide documentation as requested by the Owner demonstrating Commissioning Provider's
compliance with the requirements of this Agreement. Commissioning Provider shall allow the
Owner,its auditors,and other persons authorized by the Owner to inspect and copy its books and
records for the purpose of verifying that the reimbursement of monies distributed to Commissioning
Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable
provisions of federal, state, and local law. The Commissioning Provider shall not issue any
statements,releases or information for public dissemination without prior approval of the Owner.
1.12.4 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.
1.12.5 Attorney's Fees and Costs. That in the event it becomes necessary for either Party of this
Agreement 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 the Bozeman City Attorney.
1.12.6 Taxes: Commissioning Provider is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
1.12.7 Survival: Commissioning Provider's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
1.12.8 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.
1.12.9 Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect.
1.12.10 Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives,successors,and assigns of the parties.
1.12.11 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.
AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING GROUP
FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY CENTER Page 15 of 17
1.12.12 Counterparts: This Agreement may be executed in counterparts, which together constitute one
instrument.
1.12.13 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.
1.12.14 This Agreement shall be governed by the laws of the State of Montana and venue for all
proceedings shall be Gallatin County,Montana.
****END OF AGREEMENT EXCEPT FOR SIGNATURES****
AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING GROUP
FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY CENTER Page 16 of 17
}
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above
written.
CITY OF BOZEMA , NTANA
B,
Andrea Surratt,City Manager
Elkhorn Commissio Group
BPnt Name: ✓ 1l
-1
Print Title:
APPRO S O RM:
B
g 11' an,Bozeman City Attorney
AGREEMENT BETWEEN CITY OF BOZEMAN AND ELKHORN COMMISSIONING GROUP
FOR COMMISSIONING SERVICES FOR THE BOZEMAN PUBLIC SAFETY CENTER Page 17 of 17
Exhibit 1
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Bozeman, MT
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City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
July 2019
1
NOTICE IS HEREBY given that the City of Bozeman(City) is seeking a qualified Commissioning Agent
(CxA)to undertake preconstruction and construction services for commissioning of the Bozeman Public
Safety Center building(Project).
Copies of the proposed Scope of Services, Qualifications Evaluation Criteria, and the City's Consultant
Selection Procedure are available at the City Clerk's Office, 121 North Rouse Avenue, P.O. Box 1230,
Bozeman, Montana 59771-1230,or by calling 406-582-2321 during normal business hours.
All proposals must be in the format specified,enclosed in a sealed envelope, and clearly identified with
RFQ title,company name,and due date and transmitted via hard copy.
Deliver proposals to the City Clerk by Tuesday, July 30, 2019 at 4:00 p.m. MST. It is the sole
responsibility of the proposing firm 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 59715
The mailing address is:
City Clerk's Office, City Hall, P.O. Box 1230, Bozeman, Montana,59771
(USPS only,deliveries via shipping companies should be addressed 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 RFQ 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 hiringand 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 andto 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
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Questions relating to scope of services and project management should be directed to: Natalie Meyer,
Sustainability Program Manager, (406)582-2317, nmeyer@bozeman.net.
DATED at Bozeman, Montana,this 14th day of July,2019.
Robin Crough
City Clerk
City of Bozeman
For publication on:
Sunday,July 14, 2019
Sunday,July 21, 2019
3
1. Introduction
The City of Bozeman (Owner), is seeking a qualified Commissioning agent(CxA)to undertake
preconstruction and construction services for commissioning of the new Bozeman Public Safety Center
(Project).
The Owner intends to enter into a contract that will include Pre-construction Services, identification of
a Guaranteed Maximum Fee(GMF)on a cost reimbursement basis,with provisions for adding
Construction Services by contract amendment.The amendment would include construction services
through completion of the project.Alternatively,the Owner may, at its sole discretion,choose not to
continue the Commission Contract beyond the completion of pre-construction activities and then
solicit bids from qualified Commissioning Agents for the construction of the Project.
The Owner will use the Request for Qualifications(RFQ)to evaluate and choose a CxA.The RFQ will
require qualified consultants to submit details of their capabilities, experience, and a proposal based
on schematic design level of information for both pre-construction and construction phase services.
When selected,the CxA will function as part of a team composed of the Owner,Architect,General
Contractor/Construction Manager, and others as determined by the Owner.
This RFQ shall not commit the Owner to enter into any 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.The Owner reserves the right to accept or reject any and all responses received as a result of
this RFQ if it is in the Owner's best interest to do so.
This Procurement is governed by the laws of the State of Montana and venue for all legal proceedings
shall be the Eighteenth Judicial District,City of Bozeman,Gallatin County. By offering to perform
services under this RFQ,all Submitters agree to be bound by the laws of the State of Montana and of
the Owner, including,but not limited to,applicable wage rates, payments,gross receipts taxes,
building codes,equal opportunity employment practices,and safety, non-discrimination,etc.
11. SCOPE OF PROJECT— PROJECT BACKGROUND AND DESCRIPTION
A. Background
As a result of a growing population and increased demands for police,court,and fire services,the City
of Bozeman has outgrown the spaces it leases from Gallatin County at the Law and Justice Center at
615 South 16th Avenue. In November 2018,city voters approved funding for a new Bozeman Public
Safety Center to be constructed on city-owned property at 902 North Rouse Avenue.The basis for this
Project is the Rouse Justice Center,which was partially designed but not approved by voters in 2014.
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The Project will be under intense scrutiny by public officials,the media, and the citizens. It is
imperative that it be managed,designed,and constructed with the utmost regard to cost,schedule,
and quality control by all participants.There is a clear expectation by the community that construction
costs will come in at,or below,the budgeted amount.The integrity, reputation,skills and performance
of the CxA must be of the highest caliber to maintain confidence in the Project.
The Project scope is to undertake commissioning pre-construction and construction services for the
new Bozeman Public Safety Center.The Owner intends to complete the programming, design,and
construction for a new building to accommodate all services related to Bozeman's Police Department,
Municipal Courts, City Attorney(victim and witness functions), and the Fire Department's
headquarters fire station.
B. Design Considerations
The Project is anticipated to be a unique,state-of-the-art criminal justice and public safety center.The
facility will primarily serve the residents of the City of Bozeman and will include both public and secure
areas for the Bozeman Police Department, Bozeman Municipal Court,and Bozeman Fire Station#1 but
will not include detention services.The building will also contain offices for the Bozeman City Attorney,
Gallatin County victim services program,as well as community,training and seminar spaces.
The design must adhere to the city's design standards and all applicable codes.Sustainability, life-cycle
costs, maintainability,quality, and energy efficiency will be high priorities in the decision-making
process for how this building will be designed and constructed.
For the design,the Owner has selected:
ThinkOne Architects
101 East Main Street,Studio 1
Bozeman, MT 59715
(406)586-7020
bhanson@thinkl.com
The construction has been procured as one general contract under the alternative delivery method
using the General Contractor/Construction Manager(GC/CM) process. For the GC/CM,the Owner has
selected:
Langlas Construction
1019 E. Main Street,Suite 101
Bozeman, MT 59715
(406)585-3420
lorenc@langlas.com
5
The Owner is ready to hire a Commissioning Agent as the next step to informing and collaborating in
the design process.The project timeline will proceed under the following general timeline:
Schematic Design: July 2019
Design Development: August 2019 to November 2019
Construction Documents: November 2019—March 2020
Construction Start: April/May 2020
C. Project Location and Description
The Bozeman Public Safety Center will be located at the west frontage of Rouse Avenue, between Oak
Street and Tamarack Street.
The anticipated project scope is to construct an Essential Services Public Safety Center that includes a
new headquarters for the Bozeman Police Department, Municipal Courts,City Attorney(Prosecution
and Victim Services),and Fire Station No. 1.The total floor area is 110,385 SF.The Schematic Design
Drawings and Preliminary Project Description are available upon request from the project Owner.
III. SCOPE OF SERVICES
A. Services During Design Phase
Design Phase services will be provided on a cost-reimbursement basis up to a negotiated Guaranteed
Maximum Fee.The specific scope of design phase services will be negotiated prior to signing the final
CxA contract. In general,services are anticipated to include the following:
1. Participation in building systems-related design and coordination meetings(a list of building
systems to be commissioned will be developed after CxA selection);
2. Work directly with the architect and engineers regarding all building systems to be
commissioned;
3. Review,analyze,and provide input regarding all building,envelope, electrical systems,
mechanical systems and controls.
4. Work with the Owner and design team on phasing,scheduling,and other strategies to
complete commissioning(Cx)activities;
5. Evaluate constructability and operability of systems;
6. Participation/review/evaluation of all energy modeling;
7. Consult with,advise,assist, and provide recommendations to the Owner and design team on
envelope and building systems-related aspects of the planning and design of the work;
8. Provide information and participate in decisions regarding materials, methods,systems,
phasing,sustainability,operational factors,and costs to assist in determinations which are
6
aimed at providing the highest quality building,constructed using the most sustainable
construction materials and practices,within the budget and schedule;
9. Actively participate in a value engineering process anticipated to be held at the end of design
development;
10. Review the Programming/Planning and other applicable documents and provide input and
advice regarding scope of the Project;
11. Review in-progress design and construction documents and provide input and advice on
construction feasibility and alternative methods and systems;
12. Review all building envelope designs and provide recommendations(walls—rainwater control,
air and vapor barriers,thermal controls; roofs—water/air penetrations,flashings,expansion
joints;wall penetrations—thermal transfer,vapor/air leakage,expansion and contraction);
13. Develop all commissioning specifications, pre-functional checklists,and functional test
procedures;
14. Review completed design and construction documents prior to subcontractor/supplier
bidding/selection and suggest modifications to improve completeness and clarity and to
eliminate construction change requests due to inconsistencies or omissions in the construction
documents.
B. Services During Construction & Acceptance Phase
Construction and Acceptance Phase services will be provided on a cost-reimbursement basis up to a
negotiated Guaranteed Maximum Fee.The specific scope of services will be negotiated prior to signing
the CxA contract amendment. In general,services are anticipated to include the following:
1. Write the Cx plan (a list of systems to be commissioned will be developed after CxA selection);
2. Coordinate,facilitate,and lead Cx kick-off meeting to review and plan Cx requirements;
3. Review GC/CM submittals and shop drawings for commissioned systems;
4. Attend construction coordination meetings as appropriate;
5. Coordinate completion of construction Cx checklists with GC/CM;
6. Monitor and perform quality assurance checks of all test/adjust/balance work and recommend
any rebalancing or corrective actions;
7. Review all Requests for Information and Change Orders related to commissioned systems;
8. Review all building management and controls systems documentation developed by the
GC/CM;
9. Coordinate and monitor all functional performance testing;
10. Document all deficiencies,corrective action by GC/CM,and retesting performed;
11.Assist with troubleshooting of any commissioned systems;
12. Develop integrated systems coordination plans in conjunction with Owner's facilities director,
design team,GC/CM, and subcontractors;
13. Provide acceptance and summary report of all results and conditions;
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14.Summary report shall include all fully-executed construction checklists,functional test forms,
record of deficiencies and resolutions,CxA acceptance certifications, Basis of Design document,
and recommendations;
15. Review operations and maintenance manuals;
16. Coordinate and provide systems and re-commissioning manual for ongoing Cx and upkeep of
commissioned systems including schedules and frequencies;
17. Coordinate and participate in all operations and maintenance staff training events involving
commissioned systems and verify training has been completed;
18. During occupancy and prior to expiration of the warranty period,perform seasonal and/or
deferred tests along with a post-occupancy and performance evaluation;and,
19. End-of-warranty period testing, review, and report of commissioned building systems.
IV. SELECTION PROCESS AND RANKING CRITERIA
A Consultant selection committee consisting of key city staff will evaluate all responses to the RFQ that
meet the submittal requirements and deadline.Submittals that do not meet the submittal
requirements or deadline will not be considered.The review committee will rank the proposals and
may arrange interviews with the finalist(s)prior to selection.Selection may be made directly based on
the written RFQ submission.
If interviews occur,the selection of finalists to be interviewed will be made by a selection committee
representing the City of Bozeman.The selection of interview candidates will be based on an evaluation
of the written responses to the RFQs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Qualifications."
The final scope of work and fixed fee for pre-construction services will be negotiated with the
successful proposer.
A. RANKING CRITERIA
Proposals will be evaluated on the following criteria and the requirements of MCA 18-8-201 et seq:
® [5 points] Executive Summary
® [45 points] Qualifications of the Firm for Scope of Services
® [30 points] Related Experience with Similar Projects
® [5 points] Availability and Responsiveness of the Firm
Ability of the prime firm and its team to provide on-demand, in-person,
and cost-effective support to the City
® [15 points] References
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V. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL
A. Submission Requirements and Instructions
All requirements in this section are mandatory.The City reserves the right to waive any non-
material variation.
1. Submit one (1)original proposal package and two(2)copies, under sealed envelope,
by mail or hand-delivery to the address provided.
2. Each submission must be marked on the outside with the Company's name and the
name of the project.
3. Any proposal received after the deadline will be returned to the proposer unopened.
4. Proposals and required attachments shall be submitted as specified and must be
signed by officials authorized to bind the proposer to provide the services.
B. Proposal Outline and Content
Assemble and submit each proposal in the order below and address the required
content/questions.The order in which items are presented is important,as proposal evaluators
will follow this order:
Title Page
The title page shall include the firm/individual name,address, contact,telephone number and
email address to contact for information regarding the RFQ.The title page must bear the
signature of an authorized representative of the Consultant and designate, by name,not more
than two individuals authorized to sign agreements with the City on behalf of the Consultant.
Executive Summary
This section shall provide an overview of the RFQ and the Consultant's understanding of the
City's needs. Emphasis should be placed on the Consultant's expertise in the subject area of the
Project.The summary should also include any points the Consultant wishes to highlight,as well
as any relevant conditions or restrictions.
Firm/Team and Professional Certifications
This section shall provide a profile of the firm/individual including the number of employees
and their locations. Brief resumes shall be provided for each key project individual: list
education,certification,and training. Outline involvement in professional CxA associations such
as BCxA, NEBB,ACG,ASHRAE, PECI,etc.,and a continuing education program as evidenced by
9
staff attendance at seminars and other training sessions; and/or certification by a recognized
professional CxA training institute or professional society such as BCxA, NEBB,ASHRAE,AABC,
etc.
Any proposed subcontractors should be clearly identified and their profiles described.The
percentage of total time key staff people will devote to this project should be listed. Key staff
may not be replaced once a contracting firm has been selected without prior approval of the
City.
Describe how the proposed project team's composition of disciplines would effectively perform
the CxA services for the Project including, but not limited to mechanical and electrical
engineering.
Related Experience with Projects Similar to the Scope of Services
Provide case studies featuring past experience with designs of similar size and complexity.The
case studies should demonstrate the depth of experience of the proposing firm and their team,
including, but not limited to;
1. Demonstrated competence and specialized experience of firm, description of CxA
projects for new, retro-,and re-commissioning.
2. Experience with control and test/adjust/balance of mechanical systems Cx of the type
and size defined in the Basis of Design;
3. Specialized personnel who are experienced in the types of systems typically
commissioned for a high performance building whether that be controls, normal and
emergency electrical systems, lighting controls,communication systems,audio/video,
fire and life safety,etc.;
4. Experience in field engineering,such as remote monitoring,field troubleshooting of
HVAC systems, and/or energy conservation retrofits;
5. Knowledge of building mechanical and electrical building systems, including but not
limited to,fire protection systems,building management systems, lighting controls
systems;
6. Knowledge of building envelop construction;
Please include any sample reports or materials that demonstrate consultant capabilities and
client communications. Describe firm's demonstrated effectiveness of CxA services.
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Availability and Responsiveness of Firm
Describe the ability of the prime firm and its proposed team for this project would provide on-
demand, in-person,and cost-effective support to the City.
Outline the firm's current workload and demonstrated ability to meet project timeline and the
location of firm office(s)for project coordination and services.
References
Provide three (3) references who have had your firm supply both pre-construction and
construction commissioning with a brief description of the project.
Affirmation of Nondiscrimination (see Attachment 1)
Non-completion of the Affirmation of non-discrimination is cause for disqualification of firms.
The City reserves the right to require the submittal of additional information that supplements
or explains proposal materials.
VI. REQUEST FOR QUALIFICATIONS SCHEDULE
EVENT DATE/TIME
RFQ issue date Sunday,July 14,2019 —�
-- -- -----�____---- ----------------
Publication dates of RFQ Sunday,July 14,2019
Sunday,July 28,2019
Deadline for receipt of proposals ' Tuesday,July 30,2019 at 4:00_P_M
Evaluation of proposals complete f Tuesday,August 6,2019 —
Interviews(if necessary)and selection of TBD
firm
Anticipated contract award _ ° Friday,August_09,2019
Est.contract commencement date — _ Monday,August 19,2019 -- _--
VII. CONTACTS
Any administrative questions regarding proposal procedures should be directed to: Robin Crough,City
Clerk,(406)582-2321,agenda@bozeman.net
11
Questions relating to scope of services and project management should be directed to: Natalie Meyer,
Sustainability Program Manager(406)582-2317, nmeyer@bozeman.net
VIII. RESERVATION OF RIGHTS; LIABILITY WAIVER
All proposals submitted in response to this RFQ become the property of the City and public records and,
as such, may be subiect to public review.
The City reserves the right to accept or reject any and all proposals; to add or delete items and/or
quantities; to amend the RFQ;to waive any minor irregularities, informalities, or failure to conform to
the RFQ; 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 RFQ 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.
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.
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 Attachment 2 for form of Professional
Services Agreement).
This RFQ 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 qualifications 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 RFQ, waives
all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ.
The City reserves the right to cancel, in part or in its entirety,this RFQ including, but not limited to:
selection procedures,submittal date,and submittal requirements. If the City cancels or revises this
RFQ,all Contractors who submitted proposals will be notified using email.
Projects under any contract are subject to the availability of funds.
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I
IX. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
Upon completion of negotiations or a determination that no proposals will be pursued, one copy of
each submitted proposal shall be retained for the official files of the City and will be considered a
public record.
X. NO PARTNERSHIP/BUSINESS ORGANIZATION
Nothing in this RFQ or in any subsequent agreement, or any other contract entered into as a result of
this RFQ shall constitute,create,give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the City and Consultant.
XI. EMPLOYMENT RESTRICTION AND INDEMNITY
No person who is an owner,officer,employee, contractor,or consultant of a Consultant shall be an
officer or employee of the City. No rights of the City's retirement or personnel rules accrue to a
Consultant, its officers,employees, contractors,or consultants. Consultant 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
Consultant 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 Consultant's officers,employees, contractors and
consultants.
XII. 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.
XIII. GOVERNING LAW
This RFQ and any disputes arising hereunder or under any future agreement for the sale and purchase
of shares, interests,or rights shall be governed hereafter and construed and enforced in accordance
with the laws of the State of Montana,without reference to principles of choice or conflicts of laws.
13
XIV. MISCELLANEOUS
All prospective Consultants may submit written questions about,or request written clarifications of the RFQ
including written protests of the RFQ's terms and conditions or technical specifications no later than July 22,
2019 at 5pm. All questions must be in writing(includes email) and addressed to the City's staff contact. No
other staff member will answer questions about this Request for Qualifications.
No conversations or agreements with any officer,employee, or agent of the City shall affect or modify
any term of this RFQ. Oral communications or any written/email communication between any person
and the designated contact City staff shall not be considered binding.
14
Statement of Non-Discrimination—Attachment 1
Elkt��1 ��"M'SS�Ogi,�y C7tiJ�, -T,4,xt, (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.
4Z_��
IName and title of person authorized to sign on behalf of submitter
(LQ ✓'l/' �M+�'�(� CCU
15
Exhibit 2
IIA OF T
\1 TOO qv
COMMISSIONING PROPOSAL
Date: September 6,2019
Project: Bozeman Public Safety Center
Bozeman,MT
Attn:
Chuck Winn
Assistant City Manager
City of Bozeman
Bozeman,MT
406-582-2307
Dear Chuck,
Elkhorn Commissioning Group (ECxG) is pleased to provide this proposal for
commissioning(Cx)services including pre-construction,construction phase,and building
envelope commissioning services as outlined in the request for qualifications(RFQ)to
which we did respond. We will provide all Cx services compliant with the Owner
requirements,and according to commissioning best practices according to the Building
Commissioning Association(BCxA), American Society of Heating,Refrigeration and
Air-Conditioning Engineers(ASHRAE),the International Energy Conservation Code
(IECC,2018), and other relevant standards and guidelines. This proposal provides our
commissioning fee for pre-construction phase services. We also present a budget fee for
the construction phase commissioning,which may be revised and executed as a contract
amendment if the Owner and the GC/CM agree to contract with us for the construction-
phase commissioning.
Commissioning Requirements:
Commissioning requirements include(see also Scope of Commissioning Services
below):
a The CxA shall report results,findings and recommendations directly to the Owner
and design team
a The CxA.shall review contractor submittals applicable to systems being
commissioned.
KEVIN SMITH a kevin®ellchorncx.com a 406.403.6526 a tAGAN TODD o Iagan@elkhorncx.com a 406.210.0655
ELKHORN COMMISSIONING GROUP a PO BOX 11826 9 BOZEMAN,MT 59719
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1P LIU-IOIORTNT
• The CxA shall assist in the development of a systems manual that provides future
operating staff the information needed to understand and optimally operate the
commissioned systems
• The CxA shall verify that the requirements for training operating personnel and
building occupants are completed
• The CxA shall review building operation within 10 months after substantial
completion with O&M staff and occupants. Include a plan for resolution of
outstanding commissioning-related issues.
Scope of Work:
The following systems will be commissioned :
• HVAC/Mechanical Systems and Equipment:
• Lighting Controls and Plumbing systems will be commissioned according to
Owner and IECC 2018 requirements.
• Emergency Power Systems and Changeover
• Building Envelope Commissioning will be included as outlined in this proposal.
Design &Pre-Construction Phase:
1. Participation in building systems-related design and coordination meetings.
2. Work directly with the architect and engineers regarding all building systems to
be commissioned
3. Review,analyze, and provide input regarding all building systems and controls
4. Work with the Owner and design team on phasing,scheduling, and other
strategies to complete commissioning(Cx)activities
5. Evaluate constructability and operability of systems
6. Consult with,advise,assist,and provide recommendations to the Owner and
design team on building systems-related aspects of the planning and design of the
work
7. Provide information and participate in decisions regarding materials,methods,
systems,phasing,sustainability, operational factors,and costs to assist in
determinations which are aimed at providing the highest quality building,
constructed using the most sustainable construction materials and practices,
within the budget and schedule
8. Actively participate in a value engineering process anticipated to be held at
midway through construction documents.
9. Review the Programming/Planning and other applicable documents and provide
input and advice regarding scope of the Project
10.Review in-progress design and construction documents and provide input and
advice on construction feasibility and alternative methods and systems
KEVIN SMITH •Isevin@elkhorncx.com •406.403.6526 • LAGAN TODD • lagan@elkhorncx.com •406.210.0655
>"LKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN,MT 59719
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11.Review all building envelope designs and provide recommendations (walls—
rainwater control,air and vapor barriers,thermal controls;roofs—water/air
penetrations, flashings,expansion joints;wall penetrations—thermal transfer,
vapor/air leakage,expansion and contraction)
12.Develop all commissioning specifications,pre-functional checklists, and
functional test procedures
13. Review completed design and construction documents prior to
subcontractor/supplier bidding/selection and suggest modifications to improve
completeness and clarity and to eliminate construction change requests due to
inconsistencies or omissions in the construction documents.
14. Comply with(where/when applicable):
a. ASHRAE Guideline 0-2013: The Commissioning Process and/or
ASHRAE Guidelines 1.1-2007 and 1.5-2012;
b. ASHRAE Standard 202-2013,The Commissioning Process for Buildings
and Systems;
c. ASTM E2813, Standard Practice for Building Enclosure Commissioning;
d. ASTM E2947,Standard Guide for Building Enclosure Commissioning;
e. ASTM E779,Standard Test Method for Determining Air Leakage Rate by
Fan Pressurization;
f. ASTM El827, Standard Test Methods for Determining Airtightness of
Buildings Using an Orifice Blower Door;
Construction Document Phase:
1. Write the Cx plan(a list of systems to be commissioned will be developed after
CxA selection)
2. Coordinate,facilities and lead Cx kick-off meeting to review and plan Cx
requirements
3. Review CM/GC submittals and shop drawings for commissioned systems
4. Attend construction coordination meetings as appropriate
5. Coordinate completion of construction Cx checklists with CM/GC
6. Monitor and perform quality assurance checks of all test/adjust/balance work and
recommend any rebalancing or corrective actions
7: Review all Requests for Information and Change Orders related to commissioned
systems
8. Review all building management and controls systems documentation developed
by the CM/GC
9. Coordinate and monitor all functional performance testing
10.Document all deficiencies, corrective action by CM/GC,and retesting performed
11.Assist with troubleshooting of any commissioned systems
12.Develop integrated systems coordination plans in conjunction with Owner's j
facilities trades, design team, CM/GC, and subcontractors
i
KEVIN SP41TU s Icevin@elkhorncx.com ®406.403.6526 ® LAGAN T0011 s Iagan@elkhorncx.com ®406.210.0655
ELK HORN COMMISSIONING GROUP ® PO BOX 11826 . BOZEMAN,MT 59719
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13. Provide acceptance and summary report of all results and conditions
14, Summary report shall include all fully executed construction checklists, functional
test forms,record of deficiencies and resolutions, CxA acceptance certifications,
and recommendations
15.Review operations and maintenance manuals
16. Coordinate and provide systems and re-commissioning manual for ongoing Cx
and upkeep of commissioned systems including schedules and frequencies
17. Coordinate and participate in all operations and maintenance staff training events
involving commissioned systems and verify training has been completed
18.During occupancy and prior to expiration of the warranty period,perform
seasonal and/or deferred tests along with a post-occupancy and performance
evaluation
19.End-of-warranty period testing,review,and report of commissioned building
systems
20. Comply with(where/when applicable):
a. ASHRAE Guideline 0-2013:The Commissioning Process and/or
ASHRAE Guidelines 1.1-2007 and 1.5-2012;
b. ASHRAE Standard 202-2013,The Commissioning Process for Buildings
and Systems;
c. ASTM E2813, Standard Practice for Building Enclosure Commissioning;
d. ASTM E2947, Standard Guide for Building Enclosure Commissioning;
e. ASTM E779, Standard Test Method for Determining Air Leakage Rate by
Fan Pressurization;
f. ASTM E1827, Standard Test Methods for Determining Airtightness of
Buildings Using an Orifice Blower Door;
Fees:
Price to provide Pre-Construction/Design Phase Commissioning services as outlined in
this proposal is: Twelve Thousand Six Hundred Ten Dollars: $12,610.00
Our budget estimate for Construction Phase Commissioning services as outlined in this
proposal is: Ninety Two Thousand Three Hundred Dollars: $92,300. This fee estimate
may be revised based on complete Construction Documents prior to a final proposal for a
contract amendment to continue providing Cx services through the construction phase.
KEVIN SMITH• kevin@elkhorncx.com •406.403.6526 • LAGAN TODD• lagan@elkhorncx.com •406.210.0655
ELKHORN COMMISSIONING GROUP •PO BOX 11826® BOZEMAN,MT 59719
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Proposed by:
Print Name:Kevin Smith;Elkhorn Commissioning Group kevin@ellchorncx.com
Date: September 6,2019
Accepted By. Date:
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KEVIN SMITH • kevin@ellthorncx.com •406.403.6526 • LAGAN TODD •lagan@elkhorncx.com •406.210.0655
ELKHORN COMMISSIONING GROUP • PO BOX 11826 • BOZEMAN, MT 59719