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REQUEST FOR PROPOSALS (RFP)
Janitorial Service at the Bozeman Public Safety Center
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
July 2022
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to
undertake janitorial services at the new Bozeman Public Safety Center. The Public Safety Center
will house the Bozeman Police Department, Bozeman Fire Department, Bozeman City Attorney’s
Offices and Municple Courts.
Copies of the Request for Proposals are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. 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.
Deliver RFPs via email to the City Clerk by August 5th, 2022 at 2:00 PM MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
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 hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be directed to: Mike Gray, Facilities Superintendent, (406)
582-3232, mgray@Bozeman.net
DATED at Bozeman, Montana, this 24th of July, 2022.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, 24th of July, 2022
Sunday, 31st of July, 2022
I. INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from a qualified private firm, to establish a
contract to provide complete professional Janitorial Services at the Public Safety Center. The
service provider must be reptable, bonded and capable of furnishing required materials,
equipment, tools, incidentals, labor and supervision necessary to provide superior interior
cleaning services for the Public Safety Center defined in this RFP document
The intent in soliciting propossals is to obtain cost savings and to allow for the competitive
process wile maintaining quality janitorial 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
As a result of a growing population and increased demand for police, court, and fire services,
the City of Bozeman has outgrown the spaces it leases from Gallatine County at the Law and
Justice Center at 615 South 16th Avenue. In November of 2018, city voters approved funding
for a new Bozeman Public Safety Center to be constructed on city-owned property at 901 North
Rouse Ave, Bozeman, Montana.
The Public Safety Center is comprise of four sections of building for a total of 86,250 square
feet. The Public Safety Center is a show case building that was built to represent the City of
Bozeman resident’s. It has a wide array of technologies that support it being a state of the art
Public Safety Center. It has a fair number of different flooring systems in place to enhance the
various processes that operate in this facility.
The Facilities Division is soliciting proposals for Janitorial Service for the Bozeman Public Safety
Center.
III. SCOPE OF SERVICES
Specifications
The intent of this specification is to define the janitorial services requirements for the Public
Safety Center. The objectives of the City are to secure a timely, consistent, and cost effective
janitorial contract from one contractor, to ensure clean and safe facilities for employees and
customers doing business with the City. The work covered in this specification includes furnishing
all labor, equipment, some supplies, managing inventory, and supervision necessary for a
complete janitorial service. It shall be understood that in addition to these services, all task
incidental to cleaning functions not specifically listed but normally included in general janitorial
practices will be provided. The City will consider innovative solutions and alternatives that will
best accomplish the desired outcome.
General Requirement/Provisions
The Janitorial Services contractor is responsible for the cleanliness and sanitation of the Public
Safety Center. The description of each service area is to be used as a guideline for the Janitorial
Services contractor. The description does not attempt to describe every detail or feature of the
facility that is to be maintained by the Custodial/Janitorial Services contractor.
Specific details on Building Details, Scope, Frequency and Specifications are listed in APPENDIX’s
B & C. From that information and a mandatory job walk/inspection of facility, the potential
offerer will provide a grand total for Daily Staffing Requirements, Daily Labor Hours, Monthly
Cost, and Annual Cost for the Facility, these number will be listed on the Pricing Proposal Form
listed in APPENDIX E. Offerer is required to fill out a Company Questionnaire that is listed in
APPENDIX D. Building Finish Drawings are listed in APPENDIX F. All measurements should be
confirmed by the offeror.
Contractor awarded a janitorial services contract will be required to enter into a City of Bozeman
Professional Services Agreement (PSA). A sample of the PSA is listed in APPENDIX G.
Contractor awarded a janitorical services contract will be required to complete backgrounds
checks and CJIN training as required by the City of Bozeman for all employee’s and any sub-
contractors used.
Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond
payable to the City of Bozeman, Montana, in an amount not less than ten percent (10%) of the
total amount of the bid. Successful BIDDERS, shall furnish an approved Performance Bond in the
amount of one hundred percent (100%) of the contract amount. Insurance as required shall be
provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the responses applies.
a) Executive Summary
Please provide a brief executive summary of your proposal not to exceed two
pages.
b) Firm / Individual Profile
Provide a profile of the proposing firm, as well as any project managers or key
team members who will work on this project. Describe any specific skills and
experience applicable to this project. Provide current and projected workloads
for team members working on this project.
c) Complete Questionnaire
The questionnaire is designed to provide information about your firm and high
light the organizational structural that will support this RFP.
d) Complete Pricing Proposal
Outlines the Required Staff Daily, Daily Labor Hours, Monthly Cost, and Annual
Cost.
e) Related Experience with Projects Similar to the Scope of Services
Describe any experience your firm has in performing Professional Janitorial
Services with other similar projects. If possible, provide examples of deliverables
from similar projects.
f) Recent and Current Work for the City of Bozeman
Summarize any projects the proposing firm has completed or is actively working
on for the City of Bozeman.
g) References
Provide at least three references from clients for whom the proposing firm has
completed projects of similar scope.
h) Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for
disqualification of firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Sunday, July 24, 2022
Sunday, July 31, 2022
Deadline for receipt of proposals Friday, August 5th, 2022
Evaluation of proposals Monday, August 8, 2022
Interviews (if necessary) and Selection of
consultants
Wednesday, August 10, 2022
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Pre-Proposal Conference and Job Site Walk: A MANDATORY pre-proposal conference and job site walk will be held on Wednesday, July 27, 9:00am, and Wednesday August 3, 9:00am in the large conference room at the City Shops Complex 814 N. Bozemana Ave, Bozeman, MT 59715. A pre-proposal meeting is held to allow for questions and clarifications concerning the City’s RFP process and subsequent contract award. In order to provide comprehensive answers and minimize response time, Offeror(s) will be asked to submit questions in writing prior to the meeting. Question can be e-mailed to mgray@Bozeman.net.
Job Walk Site Visit: The site inspections will allow the prospective offerers to become familiar with all conditions that may affect the performance and cost of contract. Offerors should be familiar with the proposal prior to attending the informational meeting and the job walk.
NOTE: The informational meeting and inspection of the facilities are mandatory. Any proposals received from contractors who did not attend the pre-proposal meeting and the site inspections will be declared nonresponsive to the RFP. All prospective contractors will be required to sign in prior to the meeting and at the conclusion of the site visits.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by Friday, August 5, 2022 at
2:00 PM 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. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2:00 PM MST on August 3, 2022.
VII. 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: Mike Gray, Facilities
Superintendent, mgray@bozeman.net, 406-582-3232.
VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement 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 RFP 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 RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [15 points] Executive Summary / Firm Profile
• [15 points] Qualifications of the Firm for Scope of Services and Proposed Solution
• [30 points] Completed Questionnaire in satisfactory manner
• [20 points] Completed Pricing Proposal
• [10 points] Related Experience with Similar Projects
• [5 points] Recent Work for the City of Bozeman
• [5 points] References
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix G.
XI. 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, listed in APPENDIX G. The professional services agreement presented
to the Contractor may differ from this form as appropriate for the scope of services).
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.
XII. 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,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII. 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.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Specifications
Appendix C: Building Details, Scope, Frequency
Appendix D: Questionnaire
Appendix E: Pricing Proposal Form
Appendix F: Building Finish Drawings
Appendix G: Form of Professional Services Agreement
END OF RFP
Appendix 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, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Appendix B
City of Bozeman Janitorial Services Citywide Job Specifications & Definitions
All work required under these specifications shall be in compliance with and meet industry standards. Product manufacturers' instructions shall be followed, and only the proper product will be used for the task. The Owner, at its option, may review the techniques employed by the Contractor, and require alternative methods if determined necessary.
Administration
• The Contractor will be notified of any errors or omissions when identified by the Owner. The Contractor will remedy the problem in a timely fashion. Periodic meetings, (at least
quarterly), will be scheduled to review the performance of the Contractor and to resolve any
items of concern to either party. Cleaning times will be established at the beginning of the contract term.
• In the event a dispute arises between what is expected by the Owner and what is expected by
the Contractor, representatives of both entities shall meet in an attempt to resolve the issue. In instances where an acceptable resolution cannot be attained, the Owner's position shall prevail.
• The Contractor will supply the Owner with an annual calendar outlining the approximate dates for the quarterly, semi-annual and annual tasks. Notification of scheduling for monthly, quarterly, semi-annual and annual work items shall be submitted to the Owner at least one (1) week prior to performance of the work.
• The Contractor will notify the Owner of any maintenance related issues beyond the scope of the contract. Such things as burned out lamps, vandalism, plumbing related problems or leaks, broken electrical receptacles and other building related problems that might hinder the Contractor from the efficient completion of their work.
• The work frequencies shown in Attachment A, Frequency and Work Schedules, are minimum criteria. Additional work in some areas may be required in order to maintain the generally agreed upon standards for all buildings. Supplies and Equipment
• The Contractor shall perform all work as specified. Products for Institutional and Commercial use as specified by the manufacturer will be properly stored and handled, following manufacturer's instructions. Contractor acquired chemicals or products stored in
any Owner buildings are required to have a Safety Data Sheets (SDS) on site at all times.
• The Contractor shall furnish all equipment and labor as specified for completing the work. Equipment shall be suitable for operation from existing electrical sources furnished by
Owner. Equipment considered by the Owner to be improper or inadequate for the purpose
will be removed from the job and replaced with satisfactory equipment by the Contractor.
• For those buildings with specific cleaning requirements, such as green cleaning products, the Contractor agrees to use only approved products.
• The following institutional/commercial equipment at a minimum will be deemed acceptable: o Floor scrubber.
o Commercial (heavy-duty) vacuum.
o Commercial Shop Vacuum. Owner Equipment and Supplies
• Owner equipment will not be made available to the Contractor. The Contractor shall
provide all of the necessary equipment for performing the work in the Janitorial Agreement.
• For those custodial products provided by the Owner, (paper products, hand soap, trash bags, etc.), the Contractor will keep an accurate inventory of products on hand.
Contractor shall be responsible for placing restock orders to maintain inventory levels.
Owner shall approve all orders placed by Contractor.
• It shall be the Contractor’s responsibility to ensure that an adequate supply of these products is readily available in each of the restrooms.
• Funds from the coin operated feminine products dispensers will be used to replace required product. Maintenance of Equipment
• All tools and equipment used in the janitorial services shall receive proper care and maintenance and be kept in a good operating condition. All equipment shall be equipment with operable approved safety devices.
Storage Areas and Traffic Areas
• Storage Areas and Traffic Areas – If storage areas are provided to the Contractor by the Owner, the Contractor shall be responsible for the security, orderliness, and cleanliness.
These facilities are subject to Owner inspection at all times. The Owner will not be
responsible in any way for the Contractors supplies, materials, equipment or personal belongings that may be damaged or lost by fire, theft, accident or otherwise.
• All Contractor supplies, equipment and machines shall be kept out of traffic lanes or
other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period. Contractor’s Log
• Contractor shall maintain a daily log for each building showing the following information:
o Date
o Name of Contractor employee(s).
o Tasks completed during shift.
o Note any security concerns or abnormal concerns:
Unlocked doors
Unauthorized entrance or exit
Non-employed personnel in the building
Paraphernalia found in buildings.
• Items that requiring repair and maintenance by Owners Staff.
• Contractor supervisor shall conduct a weekly inspection of the buildings serviced under this contract and shall complete and sign the weekly inspection form provided by the Owner, certifying that the work has been performed in compliance with contract documents.
Inspection sheets will be available for inspection at all times.
Complaints
• Owner will be responsible for written documentation of complaints received regarding the service provided, forwarding any notice of deficiency in a timely manner. Contractor shall be expected to respond to the notice of deficiency at the earliest possible date.
Services found to be incomplete, defective or not accomplished as scheduled will be reported to the Contractor for appropriate corrective action. If the existing problem constitutes a hazard or unsafe condition, corrective action shall be immediate, and at no additional expense to the Owner. Otherwise the Contractor shall take corrective action during the next work period. Repetitive nonconformity in any-one area or consistent
overall nonconformance to workmanship and standards may result in termination of the contract and/or other punitive action as deemed necessary by the Owner.
• Owner at its discretion may reduce payments for unsatisfactory work.
Personnel
• Owner requires that an accurate listing of personnel serving in each of the buildings, including name, work history and residency for past three (3) years, upon request. Any changes in personnel must be immediately reported to the Owner prior to their
performance of any work. The Owner may require use of photo id badges issued by Owner. Training and Safety
• Contractor shall be responsible for instructing and training their personnel in safe, proper and specified work methods and procedures. They shall direct, schedule and coordinate all janitorial services and functions to completely accomplish the work as required by contract and as specified herein. The Contractor’s manager shall on occasion or as requested by the Owner, provide inspection and supervision of the work performed.
• Security Training: It will be the responsibility of the Contractor to make sure all their staff is current on any City required security training that is required in specific City facilities. An example of this would be CJIN training.
• City & Personal Property of City Personnel: Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property, such as telephones, radios, copy machines, computers, fax machines, calculators etc., which
may be in any of the City facilities. The Contractor shall be responsible to see that
Contractor’s employees do not disturb papers on desks, tables, or cabinets and do not open desk drawers or cabinets. Found item(s) shall be turned in at the end of each shift to the Contractor’s supervisor. The supervisor shall return the item(s) to the City’s Facility Superintendent within (24) hours.
• Telephones: Shall not be used by the Contractor or its employees for personal or business reasons with the following exception(s): to report need of emergency medical aid, fire or need of law enforcement (use ‘8-911’). Any calls to numbers other than those
above will be considered a violation of this contract.
• Smoking is prohibited in building and only in designated smoking areas if applicable. Modifications
• The Owner reserves the right to make additions or deletions to areas being serviced, the
types of service and/or the scheduled frequency. The Contractor and Owner will adjust the pricing accordingly. Building Security
• It shall be the Contractor’s responsibility to ensure that the buildings and offices are secured while performing their duties. Contractor shall not open doors after scheduled closing times to allow public in buildings. Unnecessary lighting should be turned off to conserve energy.
• Contractor shall verify that all exterior doors that they access while performing their duties are secure when not in use.
• Owner will strictly control all keys to Owner facilities. Contractor shall keep all
keys/fobs on site with the exception of exterior door keys/fobs if authorized. Contractor will be liable for the cost of re-keying in the event a key issued to the Contractor is lost. Lost keys should be immediately be reported to Owner.
Emergency Call-Out
• In the event of an emergency, the Contractor may be requested to provide immediate assistance in clean-up. This work shall be performed at a cost not greater than one and one-half times the standard hourly rate.
Hours of Work
• The work under this contract is to be performed during non-business hours, preferably between closing and midnight, unless directed by building Point of Contact. The
Contractor shall not disrupt the normal daily business while performing their services.
The Contractor is expected to work on scheduled days determined by daily cleaning
schedules.
• Contractor will have action plan in place to ensure daily cleaning schedules are not impacted in event staff are not available for work. Action plan will be available to Owner upon request.
Floor Cleaning and Maintenance Floors will be cleaned and maintained as specified below for each floor care operation. The janitorial services will be accomplished as specified and as required by the frequency schedule and the approved work schedules.
• Vacuuming or Sweeping: Carpeting will be vacuumed and "spot cleaned" as required. Sweeping of asphalt tile, vinyl tile, rubber tile or ceramic tile floors must be accomplished in accordance with the frequency schedule. Care must be taken during these processes to ensure that all floor areas are cleaned including, but not limited to, under desks, and that the
dirt is simply not transferred to corners. Any furniture, chairs, waste baskets, etc., moved to accommodate these processes will be returned to their original locations. In most buildings high traffic carpet areas are cleaned on a schedule basis. The schedule will be coordinated with the Contractor so that other cleaning activities can still occur.
• Damp Mopping: Floors, including stairways and landings will be damp mopped to remove dirt that remains on the floor surface and cannot be removed by sweeping or dust mopping. Damp mopping will not begin until after the floor has been thoroughly swept and loose soil has been removed. If there are any employees or members of the public in the building at the time of damp mopping, the appropriate "Caution, Wet Floor" signs shall be provided by
the Contractor and posted until the floor is dry.
• Light Waxing: Heavy traffic floor areas (entrances, lobbies, corridors, etc.) and those floors subject to excessive wear, will receive a very light coat or application of wax and be buffed
to a uniform sheen at least once a month, and more frequently if determined necessary. Any
wax residue on wall bases or unmovable furniture will be removed. This process is to be completed in conjunction with buffing.
• Scrubbing: A floor that is satisfactory or acceptably scrubbed is without embedded dirt,
cleaning solution, film, stains, marks or water. Floors, except restrooms, will be scrubbed only when they cannot be cleaned satisfactorily by damp mopping or if the flooring materials specifically calls out the cleaning of the floor with a machine scrubber.
• Wax Removal: Wax removal will be accomplished by applying a stripping or wax removing solution in warm water over the entire floor area exactly as recommended by the manufacturer of the product, to loosen embedded dirt and wax. Residue along floor edges near wall base, immovable furniture, equipment and in corners will be removed manually.
• Waxing and Buffing: As soon as the wax removal has been satisfactorily accomplished, the floor will be waxed and buffed. A satisfactory or acceptable floor finish has a thin, even coating of wax. Floor will be clean and bright, under furniture as well as in other areas. Do not apply wax within six inches from walls or legs or bases of unmovable furniture.
Dusting and Miscellaneous Cleaning
A satisfactory or acceptably dusted surface is free of all dust, dust streaks, lint, cobwebs, dirt, or oily streaks. The dust must be removed completely, not scattered around.
• Low Dusting: Includes surfaces less than six feet from the floor, which may include, but
may not be limited to, ledges, support braces, window sills, doors, stair rails, chair rails, base boards. Typewriters, computers, business machines, consoles, plotting boards and equipment of similar nature will not be dusted. No desks are to be included in individual offices, except by specific request, but reception areas, common area tables and desks, (such
as those in the library or reading areas in various city buildings), will be dusting on the
regular schedule.
• High Dusting: High dusting includes areas over windows and doors, overhead pipes,
exposed ducts, ceilings and walls which are six feet or more from the floor. High dusting
will be performed before floors are cleaned and before low dusting is undertaken.
• Dusting Heating and Air Conditioning Equipment: All accessible portions of unit heaters, air conditioning grills, convectors, diffusers, fans, ceiling vents and radiators will be dusted
or vacuumed. If the grills cannot be cleaned by dusting or vacuuming, they shall be removed and washed.
• Entryway and Vestibules: Areas around all exterior entryway doors will be swept free of
all gravel, dirt, sand, sticks, and debris for a minimum of 10 feet from the entrance door in order to minimize the amount of material tracked into the building. The Contractor will not be responsible for the removal of snow or ice. Restrooms Acceptably clean restrooms have a clean and bright appearance and no objectionable odors. Disinfectant shall be used on all surfaces and fixtures on a daily basis.
• Restroom Floor Cleaning: Restroom floors will be (if concrete, tile, or vinyl) swept and
scrubbed once a day. The immediate areas around urinals will be well scrubbed, using an
all-purpose detergent with a small amount of disinfectant. This process will result in thorough removal of soiling with no residue left in joints, crevices or corners.
• Toilets: When cleaning the bowls, wash and wipe bowl inside and out. If deposits are
difficult to remove, use appropriate cleaning methods to remove deposits. Wash seat, top and bottom with detergent solution, and wipe dry. Wipe tank and cover or flush mechanism and hardware with clean, damp cloth.
• Urinals: When cleaning the urinals, wash and wipe inside and out. If deposits are difficult
to remove, use appropriate cleaner and method to remove deposits. Care must be taken to ensure that the underside of the urinal fixture rim and holes in the bottom and back of all urinals are cleaned.
• Sinks: A satisfactory or acceptably clean sink is free of grease, dirt, soap film and streaks.
Chrome plated hardware will be cleaned with a clean, damp cloth.
• Deodorants and Disinfectants: Various types of disinfectants will be used on toilet bowls,
floors, partitions and similar fixtures as necessary. Solid crystal deodorants will not be used
in urinals. Proper cleaning and ventilation eliminates the need for deodorants in toilet rooms.
• Toilet Room Walls, Partitions and Woodwork: The accumulation of dirt on walls and
partitions will not be allowed. A restroom that is acceptably clean shall include clean joints in the tile, and be free of film streaks, deposits and soiling. A disinfectant shall be used as necessary.
• Shower Stalls: The accumulation of dirt on floors and walls will not be allowed. A
restroom that is acceptably clean shall include clean joints in the tile, and be free of film streaks, deposits and soiling. A disinfectant shall be used as necessary.
• Toilet Room Dispensers: Paper towels, toilet tissue and soap dispensers and feminine
hygiene dispensers will be checked and refilled daily. An adequate daily supply of materials will be kept available.
• Waste Baskets and "Special" Waste Baskets in Women's Restrooms: Waste baskets in all
restrooms will be emptied daily into the main receptacle, immediately prior to emptying of the main receptacle into the outside dumpster. Miscellaneous Cleaning and Maintenance
• Drinking Fountains: All drinking fountains will be cleaned daily. Appropriate cleaners shall be used when cleaning surfaces to ensure no damage occurs, while removing water spots and stains.
• Kitchen/Breakrooms: Pick up trash, empty all waste receptacles, reline receptacle with liner. Clean countertops, tabletops, chairs, and sinks. Stock paper products if needed, spot clean front of cabinets and major appliances. Clean in-side of microwave ovens if present weekly.
• Glass Cleaning: All glass will be cleaned with a mild glass cleaning solution. Adjacent trim will be wiped clean with a damp cloth where soiled by spillage or by smears in the glass cleaning operation.
• All glass, including mirrors, glass cabinets, display cases, and partitions (glass or plastics) will be cleaned in accordance with the frequency schedule.
• All glass windows and doors will be spotted and cleaned in accordance with
the frequency schedule.
• Spot Cleaning: Walls, wainscoting, doors and trim will be cleaned when necessary to
remove small or spot areas of dirt, grease stains or friction marks. Care will be taken to perform spot cleaning without damage to the surface finish and to provide an overall uniform appearance substantially free of cleaning marks after spot cleaning.
• Cleaning and Polishing Furniture in Public Areas: All finished surfaces will be cleaned and receive an adequate application of furniture polish to remove dirt, and leave a gloss or sheen. Polish shall not leave surface oily, sticky, or injure varnish and enamel. All furniture, metal, wooden or upholstered, will be free of all wax, scuff marks, water marks and cobwebs. Metal surfaces will be cleaned. Care must be taken not to damage the finished surfaces.
• Emptying and Cleaning Waste and Recycling Receptacles: The main waste receptacles and recycle receptacles in common areas will be emptied daily and deposited in collection containers provided for that purpose. Receptacles will be kept free of deposits, dirt streaks,
and odors. Individual office recycling and trash receptacle will be emptied by staff members. Contractor will supply trash bags for office trash receptacles. The common office paper recycling and cardboard storage containers will be emptied as needed or at least every other week and deposited in the collection containers provided for that purpose on site.
• Blinds: All blinds in compliance with the attached schedule. Acceptably clean blinds will be free of dust, dirt, deposits and film. Paint coatings, plastics and fabrics will not be damaged.
• Light Fixtures: All exposed light fixtures and accessible components including lenses, louvers and housings, will be cleaned with a clean damp cloth and appropriate cleaners. Lenses shall be removed once a year to remove dead flies, bugs, etc. and to clean the inside of the lens. Burned out lamps will be documented in the weekly report.
• Cleaning Mats: All entrance mats will be vacuumed daily. All dirt and dust deposits underneath the mats will be removed and the mats replaced after cleaning.
• Ash Trays/Receptacles: All ash trays/receptacles will be emptied on a weekly basis or
more often as need.
Appendix C
Building: Public Safety Center
Location: 901 N. Rouse Avenue
Size of Building: 86,250 square feet
• 1st Floor Area A
o Common Areas
o Police Department Office Space
• 1st Floor Area B:
o Internal Secure Common Area, Gym, Restroom:
o Police Department Offices, Sally Port, Evidence, Fire Department Work Areas
• 1st Floor Area C:
o Fire Department Truck Bay
• 1st Floor Area D:
o Common Areas
o Fire Department Office Space
o Fire Department Living Quarters
• 2nd Floor Area A:
o City Attorney, Municipal Court, and Victim Services Office Space. Court Room’s A, B, & C
• 2nd Floor Area B:
o IT Office Space, Training Room Area
o Police Locker Room, and Bunk Room
• 3nd Floor Area A & B:
o Facilities Office Space
o Mechanical Spaces, Janitorial Equipment Storage
Public Hours of Operation: Monday – Friday, 8:00am to 5:00pm
Internal Operations for Police Department & Fire Departments are 24/7
Additional Information: Additional evening meetings could be scheduled in community room for
afterhours use during the week.
Building shall be cleaned 5 nights per week, Monday thru Friday. Work should be performed after
normal business hours.
Scope of Service & Frequency
Public Safety Center
Item Performance Requirements Timeline S M T W T F S
1 Maintain Required Records Daily X X X X X
2 Common Areas/Reception Areas –
Both Public and Staff Areas
Polished Concrete Floors: Floor
Scrub nightly or dry mop & wet mop
Vacuum carpeted areas, including
entry area mats
Daily X X X X X
Sweep hard floors including entry
areas, and common area stairs
Daily X X X X X
Wet mop hard floors with cleaner
including under mats. This includes
any common area stairs.
Daily X X X X X
Pick up trash, empty all common
area waste receptacles, place liner
in receptacle, pick up trash
Daily X X X X X
Empty recycling receptacles, place
in large building containers or take
to dumpster enclosure
Weekly X
Clean entry glass – inside and out,
(weather permitting)
Daily X X X X X
Spot clean interior glass, light
switches, doors, door frames,
general areas as needed
Daily X X X X X
Disinfect and polish drinking
fountains
Daily X X X X X
Dust and spot clean glass display
cases
Weekly
Dust and wipe chairs, desks, tables,
counters, artwork, reachable
partitions
Weekly
Clean and polish furniture in public
areas
Monthly
Clean all glass furniture and display
cases in public areas (horizontal and
vertical)
Monthly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
Spot clean carpet As Needed
High Dusting Monthly
3 Public Restrooms
Sweep, scrub, wet mop, and
disinfect floors
Daily X X X X X
Clean and disinfect toilets and
urinals, interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors,
dispensers, and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing
stations, and shelving
Daily X X X X X
Empty waste receptacle(s), place
liner in receptacle
Daily X X X X X
Stock all toilet paper, paper towel,
seat covers, feminine hygiene
products, and soap dispensers
Daily or as
needed
X X X X X
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
4 Staff Restrooms/Shower Rooms
Sweep, scrub, wet mop, and
disinfect floors
Daily X X X X X
Clean and disinfect toilets and
urinals, interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors,
dispensers, and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing
stations, and shelving
Daily X X X X X
Empty waste receptacle(s), place
liner in receptacle
Daily X X X X X
Stock all toilet paper, paper towel,
seat covers, feminine hygiene
products, and soap dispensers
Daily or as
needed
X X X X X
Clean and disinfect shower stall,
include walls and floor if applicable
Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
5 Police Locker Room
Sweep, scrub, wet mop, and
disinfect floors
Daily X X X X X
Clean and disinfect toilets and
urinals, interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors,
dispensers, and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing
stations, and shelving
Daily X X X X X
Empty waste receptacle(s), place
liner in receptacle
Daily X X X X X
Stock all toilet paper, paper towel,
seat covers, feminine hygiene
products, and soap dispensers
Daily or as
needed
X X X X X
Clean and disinfect shower stall,
include walls and floor if applicable
Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
6 Police Evidence Restroom Rm 142G
Follow Standard staff restroom
cleaning procedure. This cleaning
will require a police department
escort and will need to be
scheduled during normal business
hours. **If City has custodian staff
for building they will perform this
task**
Monthly
7 Sally Port Rm 140
Floor scrubbing Inspect/Clean
8 Breakroom/Kitchen
Sweep, scrub, wet mop, hard floors Daily X X X X X
Clean counters, table tops, and
sinks
Daily X X X X X
Wipe clean tables and chairs Daily X X X X X
Spot clean front of cabinets and
major appliances
Daily X X X X X
Pick up trash, empty waste
receptacle(s), place liner in
receptacle(s)
Daily X X X X X
Vacuum carpeted areas if applicable Daily X X X X X
Empty recycling receptacles, place
liner in receptacle, place in large
building container or take to
dumpster enclosure
Weekly X
Stock paper towel and soap
dispensers
As Needed
Low Dusting Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
Clean Microwave Oven Monthly
9 Office Areas
Vacuum in offices, move chairs as
needed
Weekly
Fully clean all interior windows and
glass doors
Monthly
Dust heating, ventilation, air
conditioning and exhaust fan grills
in offices and open areas
Monthly
10 Court Rooms
Vacuum carpeted areas, inspect &
clean
Daily X X X X X
Empty waste receptacle(s), place
liner in receptacle
Daily X X X X X
Dust and wipe tables, judge hard
surfaces
Daily X X X X X
Dust and wipe chairs, bench,
railings
Weekly
Spot clean light switches, doors,
door frames, general areas as
needed
Daily X X X X X
11 Elevator/Stairways
Vacuum carpeted areas if applicable Weekly
Sweep, wet mop hard floors with
cleaner
Daily X X X X X
Spot clean and wipe
interior/exterior panels
Weekly
Wipe and disinfect hand railings Daily X X X X X
11 Gym Daily X X X X X
Sweep, wet mop hard floors with
cleaner
Daily X X X X X
Empty waste receptacle(s), place
liner in receptacle
Daily X X X X X
Spot clean light switches, doors,
door frames, general areas as
needed
Daily X X X X X
**Equipment will be user cleaned**
12 Miscellaneous
High dusting Monthly
Fully clean interior side of all
exterior building windows,
reachable from the ground or with
a hand extension
Quarterly
Lights fixtures Annual
Special Instructions:
• The follow areas are NOT to be included in the janitorial services; these areas are the responsibility of the City Departments in those areas. Room’s: 107,123, 124, 129, 142, 142C, 142B, 142D, 142E, 142F, 144, 146, 146B, 146C, 148, 148A, 148B, 152, 152A,154, 154B, 154C, 154D, 160, 160A, 160B, 160C, 160D, V160, 161, 162, 162A, RR-162, RR-161, RR-163, 164, RR-165, 166, 167, 168, 169, 170, V-170, 171, 172, 174, 176, C-180, 181, 183, 270, 271, 272, M-301, M-305, M-307, 308
• No Cleaning required for Police metal detector in L-100
• Rm 110J will be floor cleaning only
• Corridor’s on 3rd floor will be floor scrubbed on a as needed basis
• Areas’ with detailed cleaning requirement can be inspected and cleaned if not used since last cleaning cycle
• Some flooring has special cleaning instructions that will be provided.
Other Services The City’s designated contact will coordinate and schedule with Contractor work outside scope of contract. Provide hourly rate for special cleaning needs during normal cleaning hours Provide hourly rate for emergency call out
Appendix D
QUESTIONNAIRE/REQUIREMENTS FOR JANITORIAL SERVICES
In addition to the written proposal that demonstrates the Offerors understanding of the RFP, each
offeror shall also provide the following information. Brochures and advertisements will not be accepted
as a direct response to the questionnaire. A qualifying proposal must address all items. Incomplete
proposals may be rejected. Use of additional paper as needed is acceptable.
1) What sets your company apart from the rest? Why should the City of Bozeman utilize the
services from your organization?
2) Describe your firm’s qualifications to provide the service specified in this RFP?
3) Examples of relevant prior proposals and current customers with similar attributes of the City of
Bozeman.
4) Number of full-time employees: Office________ Field________
5) Has your organization ever failed to complete any work awarded to it?
6) Are there any judgements, suits or claims pending against your firm?
7) This contract will require a Tier 1 (SSN Address Trace, National Federal Criminal, National Sex
Offender, Statewide/County Criminal History) staff background check, does your firm currently
use a Tier I background check on your staff Yes_____ No_____?
8) What will be the mode of communication between onsite staff, shift leads, management and
City of Bozeman staff?
9) What will be the corrective action procedure to ensure that problems are solved quickly and not
repeated?
10) How will your organization handle shortages in staffing levels as a result of vacations, illness,
terminations, etc.?
11) Include a summary of your firms training and injury/illness prevention and safety programs.
12) Is your firm planning to subcontract portions of the work? Yes____ No____. If yes, indicate
the name of the subcontractor(s) and the portion of the work that will be subcontracted in each
case.
Appendix E
Building Address Daily Required
Staff
Daily Labor
Hours
Monthly
Cost
Annual Cost
Bozeman Public Safety
Center
901 N. Rouse Ave
Bozeman, MT 59715
$ $
Total
$ $
Appendix F
Appendix G
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________,
hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as
“Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and
will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance
with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this
Agreement as Exhibit B and made part of this Agreement. Such responses constitute material
consideration for the City to enter into this Agreement and the responses are material
representations regarding the Contractor’s performance.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services.
The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage
Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis.
Violation of the requirements set forth in the above State of Montana schedule of prevailing wage
rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall
maintain payroll records during the term of this Agreement and for a period of three (3) years
following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible,
is paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without expectation
of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The
specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of
the City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, 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
[City’s] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required
endorsements must be in a form suitable to City and shall include no less than a thirty (30) day
notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of
Contractor’s receipt of notice that any required insurance coverage will be terminated or
Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to
the claim. In the event Contractor fails to provide such notice, Contractor shall waive all
rights to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ or such other individual as City shall designate
in writing. Whenever approval or authorization from or communication or submission to
City is required by this Agreement, such communication or submission shall be directed to
the City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with a
successful transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement
run longer than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: _________________________
Print Title: __________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney