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REQUEST FOR PROPOSALS (RFP)
SOURDOUGH CREEK INTAKE IMPROVEMENTS
– DESIGN UPDATE, CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
July 2022
I. INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from firms to undertake engineering design
and construction services for replacement of the Sourdough water intake structure and
appurtenances. The design was previously completed, but not implemented due to budget
constraints. This project is to update the design as necessary, bid and provide the construction
management for completion of the facility.
The Owner intends to enter into a contract with the selected firm that will include design,
permitting and construction phase services.
This RFP shall not commit the Owner to enter into an 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 all responses received as a result of
this RFP 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 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 Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
Sourdough Creek is highly susceptible to freezing during cold snaps, completely locking up
flowing surface water as ice. These icing excursions render the source unusable and can last
anywhere from several hours to several days, depending upon the magnitude and duration of
the cold weather event. Existing diversion flow controls are rudimentary, consisting of a slide
gate device, similar to those used for agricultural irrigation diversions. The diversion is difficult
to access and cannot be fine-tuned to maximize water use or water conservation. The slide gate
freezes in position during the winter season and cannot be operated until above-freezing
temperatures persist. The existing intake vault requires frequent and difficult maintenance to
mitigate smaller debris collection. The intake pond must be dredged of silt and sediment that
settles out behind the earthen dam at least once every 5 years to ensure the intake pipe
remains submerged and does not intake excessive quantities of suspended solids. The small
building constructed over the fine screen is deteriorating and is not insulated. The screen
cannot be used during the winter because it freezes solid. In the event of wildfire in the Custer
Gallatin National Forest near or in the watershed above the intake, it is likely that the intake will
be impacted by debris flows, ash, silt, and dissolved organic matter during post-fire snowmelt
and rain runoff events. These fire-related impacts will likely require the intake to be shut down
for the duration of time necessary to allow the water quality excursion to pass. The frequency
of these shutdowns is a function of uncontrollable factors such as fire severity and intensity,
proximity to the intake, and the magnitude of the runoff event.
The City retained the consultant team of HDR and Morrison Maierle at the end of 2009 to
design a new Water Treatment Plant. The designs were completed over the next couple of
years with the project being bid in mid-2011. The design included a complete replacement of
the existing Sourdough Intake which was bid as a separate schedule. When the bids were
opened, it was determined that the schedule that included the intake improvement could not
move forward at that time because of cost constraints. The City would like to implement those
improvements at this time using its ARPA funds.
III. SCOPE OF SERVICES
• Provide a complete review of the existing design to ensure it complies with all current
codes/regulations. Review the technology used in the design against what is currently
available to determine if changes should be made to provide for the best finished
product. Electronic copies of he plans will be made available to the selected consultant
upon request, but they will be required to execute the respective delivery of
information/electronic document agreements with HDR and Morrison Maierle.
• Prepare a complete contract document and specification manual for the project. There
was not a separate manual for this work prepared for the 2011 bid. The project will be
bid using QuestCDN so all front end documents will need to be adjusted to reflect that.
The consultants QuestCDN account will be used with the City given Owner privileges.
• Review and update as necessary the design report that was prepared for the facility.
Submit this along with the updated plans and specifications to the Montana Department
of Environmental Quality (MDEQ) for review and approval.
• Work with the Montana Fish, Wildlife and Parks, DNRC, MDEQ, and the Army Corps of
Engineers to obtain all necessary permits for the project (i.e., 124, 404, Turbidity
exemption, etc.). Permits were previously obtained, but all have expired at this point.
• Close coordination will be required with the Forest Service on the project. They are
currently putting together bid packages for completion of another phase of logging in
the canyon. Depending on the timing of the work, this may require special scheduling
restrictions be added to the contract.
• Provide wetland delineation and mitigation alternatives as necessary.
• Provide project bidding and award assistance.
• Provide construction management services for the completion of the improvements.
Services shall include but not be limited to surveying, civil, geotechnical, structural
including special inspections if necessary, electrical, mechanical, and wetlands.
• Participate as necessary in any public involvement activities required for the project.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information.
1. Project management chart.
2. Proposed general time schedule, including start and completion dates.
3. Specific current workloads of the proposed project team members.
4. At the discretion of the firm, no more than five typewritten single spaced pages,
more fully describing the firm’s qualifications for the specific project.
5. At the discretion of the firm, a company brochure.
6. A completed and signed Non-Discrimination Affirmation Form (REQUIRED)
V. DELIVERY DEADLINE AND INSTRUCTIONS
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by August 5, 2022 at 5:00 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. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Bob Murray P.E., Project
Engineer, (406) 582-2280, bmurray@bozeman.net.
VII. QUALIFICATIONS EVALUATION CRITERIA
Respondents to requests for proposals shall be evaluated on the following criteria and the requirements of 18-8-201 et seq. MCA with the selection committee choosing, in its opinion, the most qualified firm to provide the services required for the proposed project. The qualifications of professional personnel to be assigned to the project.
Related experience on similar projects; Capability to meet project time and budget requirements; Location of firm in relation to project; Present and projected workloads; and
Recent and current work for the City of Bozeman.
The selection will be based on an evaluation of the written responses to the request for proposals and interviews of selected firms if deemed necessary. Award will be made following contract negotiations to the most qualified firm at a price which the City determines to be fair and
reasonable taking into account the estimated value of services to be rendered, as well as the
scope, complexity and professional nature thereof. If the City is unable to negotiate a satisfactory contract with the firm initially selected at a price the agency deems to be fair and reasonable, negotiations with that firm will be formally
terminated and the agency shall select another firm, in accordance with 18-8-204 MCA, and
continue until an agreement is reached or the process is terminated. All proposals must be submitted complete and contain the information required as stated in the "Request for Proposals."
VIII. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
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.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
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 60 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.
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.
E. 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.
F. 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.
G. 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.
H. Projects under any contract are subject to the availability of funds.
IX. NONDISCRIMINATION AND EQUAL PAY 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.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
X. 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.
XI. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Attachment A: Non-Discrimination Affirmation
END OF RFP
Attachment A
NONDISCRIMINATION AND EQUAL PAY 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.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, or equivalent “best practices publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter