HomeMy WebLinkAboutRFQ - General Contractor to Complete Maintenance Manual Taskspg. 1
REQUEST FOR QUALIFICATIONS (RFQ)
BRIDGER PARK GARAGE REPAIRS AND MAINTENANCE
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
August 2022
pg. 2
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to
perform work related to repairs and maintenance of the Bridger Park Garage. Interested firms
may submit their qualifications for one or more of the scope items listed under the Scope of
Services (Section III). Scope 1 will result in a Professional Services Agreement specific to
completing work listed in Appendix B. Scope 2 will result in a Professional Services Agreement
for a two-year period with an optional 1-year extension to include routine maintenance
activities as described in Appendix C. Responses to this RFQ must display the qualifications and
experience of the firm specific to the submitted scope items. The City will select one or more
firms based on their qualified expertise.
Copies of the Request for Qualifications are available on the City’s website
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 RFQs via email to the City Clerk by Friday, October 7, 2022 at 4:00 PM MT 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.
pg. 3
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this project 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, or equivalent “best
practices publication and has read the material.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFQ should be directed to: Mike Veselik, Economic Development
Program Manager, Parking, mveselik@bozeman.net, 406-582-2919
DATED at Bozeman, Montana, this Wednesday, September 14, 2022.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, September 18, 2022
Sunday, September 25, 2022
pg. 4
I. INTRODUCTION
The City of Bozeman (Owner), is seeking qualifications from firms to complete high priority
repairs (Appendix B) in addition to performing routine facility maintenance (Appendix C) for the
Bridger Park Garage.
The Owner intends to enter into a contract with the selected firm that will oversee all
construction activity including, but not limited to, identifying subcontractors to manage the work,
creating a project schedule, acquiring any necessary permits, and any other tasks to ensure the
project is managed effectively and safely to completion.
This RFQ 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 RFQ if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFQ, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION
Introduction
The City of Bozeman Parking Services Division currently manages Bridger Park, a four story
parking garage including a basement with 435 spaces. The structure was completed in 2009 at a
cost of $11.8 million with an anticipated lifespan of 50-60 years. The City of Bozeman is
committed to maintaining a safe and functional facility.
Immediate repairs are necessary to maintain the integrity of the facility, in addition to addressing
a number life-safety concerns (Appendix B). Additionally, routine facility maintenance tasks need
to be completed on a regular basis (Appendix C).
III. SCOPE OF SERVICES
Scope 1 (Appendix B)
The City is seeking proposals from qualified firms who can complete high priority serviceability
issues, in addition to structural integrity issues, and life safety issues as listed in Appendix B.
Cracks wider than 1/8” should be addressed with a key focus on cracking in the ceiling of the
ground floor. Further, the engineering team at Desman identified a need to cut away the hard
pg. 5
connection from the post tensioned slab to the basement wall to release the build-up of
internal stress from thermal cycling.
Scope 2 (Appendix C)
The City of Bozeman Paring Services Division does not have staff resources needed to manage
maintenance needs identified in Appendix C. The City is seeking proposals from qualified firms
who can provide routine maintenance throughout the facility. Items listed in Appencix C are not
intended to be exhaustive, but rather illustrative of the type of work necessary to maintain
public parking facilities.
IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
As the initial submittal to the Owners, RFQs MUST BE DELIVERED NO LATER THAN 4:00 PM
Mountain Time on Friday, October 7, 2022 with company name shown clearly in the subject,
addressed to:
BRIDGER PARK GARAGE
REPAIRS AND MAINTENANCE
agenda@bozeman.net
RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL
NOT BE CONSIDERED AND SHALL BE REJECTED.
A. Contact Information
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO:
Mike Veselik
(406) 582-2919
mveselik@bozeman.net
Amendments to Solicitation
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 12:00 PM MST on Friday, September 30,
2022.
B. Selection Timeline
pg. 6
Advertising dates: September 18 and September 25, 2022
Receipt of RFQs: No later than 4:00 PM, October 7, 2022
RFQ Review Complete by Committee: October 28, 2022
November 10, 2022
Interviews if necessary : November 18, 2022
Selection: Novemebr 30, 2022
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
V. SELECTION PROCEDURE
A. STATEMENT OF QUALIFICATIONS
Respondents must comply with the mandatory requirements provided in this
solicitation. The selection process shall be conducted pursuant to all applicable
Montana law including those criteria set forth in §18-8-204, MCA and applicable
City policy.
1. Evaluation of RFQs. The selection committee shall consist of no
less than three persons representing the City. The selection committee
will review conforming RFQ responses using the criteria listed above. RFQ
responses that do not contain the required documentation will be
deemed nonresponsive to this solicitation and may be rejected.
2. Revisions. Responses will be accorded fair and equal treatment
with respect to opportunity for discussion and revision of responses, and
such revisions may be permitted, after submissions and prior to award
for the purpose of obtaining best and final responses.
3. Evaluation & Elimination. After evaluating all conforming
responses based on the criteria herein the selection committee may
eliminate one or more or all Respondents from further review if they do
not meet the qualification criteria specified herein. Any Respondents
eliminated by the selection committee, at any time, or for any reason,
shall have no opportunity to make revisions or participate further in the
selection process.
4. Interviews. After reviewing conforming RFQ responses, the
selection committee may decide to schedule interviews with qualified
respondents. If the selection committee determine interviews are
necessary, they will be held no later than November 10, 2022. Each firm
selected for interview will be notified of the specific time for their
interview. The interview will be virtual or in-person at the respondents
request; however, interviews will be [45] minutes inclusive of questions
from the selection committee, with 15 minutes between interviews for
pg. 7
transitions and set up between Respondents.
5. Selection and Final Recommendation. The selection committee
will tally the scores for the RFQ. At that time contract negotiations will
take place between the City and successful Respondent. The City may
negotiate a contract with the next highest ranked Respondent if a
contract cannot be made.
B. RFQ – FORM AND CONTENTS
Deliver one (1) original digital copy prepared as follows:
i. General Instructions:
a. RFQ responses must be signed by an officer or principal of your firm.
b. RFQ responses must be contained in a single searchable PDF
document not to exceed 20 pages total including whatever pictures,
charts, graphs, tables, and text the firm deems appropriate to be part
of the review of the firm's qualifications. A separate transmittal
letter, cover page, cover sheets, and dividers are exempted from the
page limit.
c. Schedules may be submitted in addition to the page limit.
ii. Firm Information:
a. Experience. Respondent must demonstrate successful experience and
capacity to act as a contractor on projects of similar size, type and
complexity. Provide the name and location of each project, the client,
and the contact person and phone number. Describe experience and
qualifications of the professional personnel to be assigned to this
project. Describe your recent and current work for the City of
Bozeman, if any.
b. Firm Background. Provide information about the firm, including
location. Describe the firm’s history. Include information identifying
the firm’s annual volume of business, financial/bonding capacities,
and speak to the firm’s stability in the marketplace. Information
identifying the firm’s strengths and weaknesses along with special
capabilities that may be appropriate to the Project will assist in the
evaluation.
c. Firm Workload. Provide the status of current and anticipated work
within the firm in terms of time and magnitude for the anticipated
Project schedule as it relates to availability of key personnel and your
firm. Describe the firm’s capability to meet time and project budget
requirements.
pg. 8
d. Claims. At any time in the last ten (10) years has your firm been
assessed and paid liquidated damages after completion of a project
under a contract with a public owner?
e. References. Provide detailed contact information for the Owner for at
least five (5) project undertaken by your firm within the past five years.
C. EVALUATION CRITERIA
Qualifications will be evaluated by the Selection Committee who will individually
score them out of a total of 100 possible points based on the criteria below.The
scoring criteria and possible point values are:
1. Respondent’s experience with projects of similar size and design:
Possible Points: 40
2. Firm’s Qualifications and ability to meet insurance requirements
in the Professional Services Agreement:
Possible Points: 20
3. Capabilities to meet time schedule and project budget
requirements.
Possible Points: 30
4. Present and projected workloads:
Possible Points: 10
5. Past projects/experience working with the City of Bozeman:
Possible Points: 5
6. Office(s) location:
Possible Points: 5
VI. FORM OF AGREEMENT
pg. 9
The successful firm will be expected to approve and authorize the form of agreement included
in Appendix D. The final form of the contract documents will be disclosed to Respondents
during contract negotiations.
VII. CITY RESERVATION OF RIGHTS
All proposals submitted in response to this RFQ 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 RFQ 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 RFQ, all Respondents who submitted will be notified using
email.
B. The City reserves the right to accept or reject any and all submissions; to add or
delete items and/or quantities; to amend the RFQ; to waive any minor
irregularities, informalities, or failure to conform to the RFQ; to extend the
deadline for submitting proposals; to postpone award for up to 60 days; to award
one or more contracts, by item or task, or groups of items or tasks, if so provided
in the RFQ and if multiple awards are determined by the City to be in the public
interest.
C. The City reserves the right to reject the submission of any person/firm who
previously failed to perform properly to the satisfaction of the City, or complete
on time agreements of similar nature, or to reject the submission of any
person/firm who is not in a position to perform such an agreement satisfactorily
as determined by the City.
D. The City reserves the right to determine the best qualified Respondents and
negotiate a final scope of service and cost, negotiate a contract with another
Respondents if an agreement cannot be reached with the first selected
Respondents, or reject all proposals.
E. The successful Respondents will be required to enter into a contract with the
City, which will incorporate the Respondents' scope of service and work
schedule as part of the agreement.
pg. 10
F. This RFQ does not commit the City to award a contract. The City assumes no
liability or responsibility for costs incurred by Respondents in responding to this
request for qualifications or request for interviews, additional data, or other
information with respect to the selection process, prior to the issuance of an
agreement, contract or purchase order. The Respondents, by submitting a
response to this RFQ, waives all right to protest or seek any legal remedies
whatsoever regarding any aspect of this RFQ.
G. This project is subject to the availability of funds.
VIII. 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 affirm it
will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work
“best practices” website, or equivalent “best practices publication and has read the material.
IX. 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
pg. 11
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 SOQ 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.
X. ATTACHMENTS
The following exhibits are incorporated in this RFQ:
Appendix A: Non-Discrimination Affirmation
Appendix B: High Priority Items Letter
Appendix C: Maintenance Manual
Appendix D: Sample Professional Services Agreement
END OF RFQ
pg. 12
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, 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
pg. 13
APPENDIX B
ARCHITECTS
PLANNERS PARKING CONSULTANTS RESTORATION ENGINEERS GREEN PARKING CONSULTING
June 8, 2022
Michael Veselik Director of Parking Bozeman, MT
Re: Bridger Garage High Priority Serviceability and Structural Integrity/Life Safety Issues
Dear Mr. Veselik:
On June 3rd and 4th, DESMAN personnel, Hoshi Engineer and Scot Martin performed a
condition assessment of the Bridger Garage to evaluate the condition of the structural
and architectural members including the performance of MEP/FP systems. Access to the enclosed rooms was provided by Mike Gray, and the site review of the various MEP/FP elements was carried out by our sub-consultant CDS Engineer, Scott Elders and Curt Smit. The reason for this memo is to bring to your attention a few high
priority concrete repair items discovered during the course of our survey. Note:
Nothing related to MEP or FP systems is deemed to be in immediate need of repair or upgrade, although new electrical power panels would be required to meet the demand of PV panels if added to the expanded garage in the future. Listed below are items that we deem as high priority repair items to mitigate life safety and serviceability issues
within the garage. These should be addressed in the near term.
Following are the high priority life safety and structural integrity issues that should be addressed in the near term:
1. Along both sides of interior grid line C, remove and replace the chain link fence
where it has completely pulled away from the barrier cables, creating gaping
holes through which a child could fall to below. This condition is particularly bad on the roof level of the garage, but occurs on other levels as well although to a lesser extent. The new chain link should be properly secured to the barrier cables until a permanent solution is developed. Remainder of the existing fence
that is loose or wobbly should be tightly secured to the barrier cables. The work
may be performed by in-house staff or a qualified contractor. See Photos 1 & 2.
STRUCTURAL ENGINEERS
pg. 14
Photo 1: Chain Link Fence
Separating from Barrier Cables
Photo 2: Chain Link Fence Separating from Barrier Cables
pg. 15
2. Remove two trip hazards on concrete islands
on Level 1. There are bases from broken
bollards, signs or traffic reflectors that need to be immediately removed to prevent trip
and fall to pedestrians. This can be taken
care of by in-house staff. See Photo 3. The
other location is at the other vehicle
entry/exit on the large triangle-shaped island
(not photographed).
Photo 3: Pedestrian Trip Hazard
3. There are some large cracks on the underside of the Level 1 slab (Celling of
the Basement) that should be rout and epoxy injected before they become a structural integrity issue. All cracks larger than 1/16” should be rout and
epoxy injected. This work should be performed by a qualified concrete or
waterproofing contractor. See Photos 4 & 5.
pg. 16
Photo 4: Rout & Epoxy Inject cracks Photo 5: Rout & Epoxy Inject cracks
4. Rout and epoxy inject crack in the girder on Level 4, Line C between grids 1
and 3. The cracks are visible on both sides of the girder. This work should be
performed by a qualified concrete or waterproofing contractor. See Photos 7
& 8.
pg. 17
Photo 8: Epoxy Inject Cracks in Girder
5. Adjust the door closure on the Level 1 door at the SE stair/elevator tower so it properly closes as this is an area of
refuge in event of a fire emergency.
This can be taken care of by in-house staff. See Photo 9
Photo 9: Adjust Exterior Door Closure
at Tracy
Photo 7: Rout & Epoxy Inject Cracks in Girder
pg. 18
Please do not hesitate to contact me if you have any questions regarding the high
priority items.
Sincerely, DESMAN Inc.
Hoshi Engineer, PE, SE Vice President
APPENDIX C
Bridger Garage Staffing,& Maintenance & Repair Manual Bozeman, MT June 2022
Frequency Comments
Recommended Maintenance Tasks Weekly Monthly Quarterly Semi-Annually Annually Other R=Recommended M=Minimum O=Other
Quantity
1. Cleaning
a. Sweeping (Photos 1 & 2) R Sweep or vacuum deck to remove loose debris and dirt (Localized Areas) All floors
b. Thorough Cleaning (Photos 1 & 2) R
Thoroughly clean the deck to remove dirt, debris, oil or grease
drippings, black tire marks, etc. All floors
c. Wash down parking floors (Photos 3 & 4) M
Use high pressure, high volume water hose (2" dia.) to wash down parking floors in early spring and late fall. A battery powered
water sweeping truck may also be used if loaded weight of truck does not exceed 4,000 lbs per axel. Caution must be taken to not spray light fixtures, as damage to the fixture may occur All floors
d. Wash down ramps & driving aisles (Photos 3 & 4) M
Use high pressure, high volume water hose (2" dia.). A battery
powered water sweeping truck may also be used if loaded weight of truck does not exceed 4,000 lbs per axel. Caution must be taken to not spray light fixtures, as damage to the fixture may occur
All ramps and drive aisles
e. Stairs and elevator lobbies (Photo 5) M Sweep and remove lose debris, dirt, etc. Clean and washdown exterior stair/ elevator glass curtain wall All Floors
f. Retail storefront owned by the city (Photo 6) M Clean and washdown exterior retail storefront Ground Level
2. Painting
a. Check for appearance
- striping (Photo 7) M All floors
- curbs (Photos 8 & 9) M All floors
- touch up paint M All floors
b. Repainting
- striping (Photo 7) O Repaint every 5 years or when paint fades or deteriorates 440 spaces
- curbs (Photos 8 & 9) O Repaint every 5 years 1,350 LF
c. Field galvanizing or painting retail storefront framing members, ornamental exterior steel columns, fence posts at
enclosures, hand rails including rails at stair towers, metal pan assemblies in stair lobbies, doors assemblies, steel angles at barrier cables, entrance canopies, bollards, sign posts, embedded steel plates
in corners of the garage for CMU wall bracing (Photos 10-15) M O
Touch up as required and repaint every 8 years or when paint fades or deteriorates starting 2023. Use zinc rich paint for corrosion inhibiting paint All floors
d. CMU block walls for scrub marks and discoloration within the garage and stair/elevator towers (Photo 16) M O
Touch up as required and repaint with elastomeric paint every 10
years starting 2023 or when paint fades or deteriorates All floors
3. Mechanical, Plumbing & Drainage System See CDS engineering report for additional information, photos & suggested upgrades
a. Check for proper operation
b. Floor drains & leaders (photo 17) R M Visually inspect monthly & rod and clean as required. Replace missing/damaged covers. Flush annually.
c. Roof drains, gutters & leaders (photo 17 sim.) R M
Visually inspect monthly & rod and clean as required. Replace missing/damaged covers. Inspect heat traces and repair as necessary. Flush annually
d. Sump pump, duplex system located in north east fire riser room. Serves basement drains and elevator sumps (Photo 18) R M
Located in the northeast water/fire service room. Visually inspect
monthly. Test controls and operation of pumps annually. Test pump alternator system to ensure back up pump is operational.
e. Sand/Oil interceptor located recessed in floor in northeast
fire riser room. Serves basement drains and elevator sumps (Photo 18) M
Inspect and Clean/drain quarterly & have subsequent maintenance intervals adjusted based on sand/oil accumulation & sanding/graveling of garage during snow or rain events
f. Sediment basin (Sand/Oil interceptor). Outside southwestb building corner, in alley, manhole M
Inspect and Clean/drain quarterly & have subsequent maintenance
intervals adjusted based on sand/oil accumulation & sanding/graveling of garage during snow or rain events
4. Waterproofing
a. Visual inspection/Check for leaks
- joint sealant at const./control joints/cracks in garage and stairs (Photos 19-23) M Perform minor repairs as required (check warranty terms first) All floors
- Expansion joints in garage floors and at stairs (Photos 24-27) M Perform minor repairs as required (check warranty terms first) All floors
- Retail storefront and stair/elevator glazing seals (Photo 28) M Perform minor repairs as required (check warranty terms first) All floors
b. Repair/Replacement
-joint sealant at const./control joints/cracks, around floor drains and stair/elevators and on all supported levels of the garage Photos 19-23) O Replace every 8 years; Budget for complete replacement every beginning 2023 All floors
- Expansion joint in garage on ground floor (Photos 24 & 25) O Replace every 10 years; Budget for complete replacement including nosings beginning 2023 Ground Floor
-Expansion joint at stair/elevators on all supported levels (Photos 26 & 27) O Replace every 10 years; Budget for complete replacement including nosings beginning 2023 All floors
- surface penetrating sealer in garage on all supported levels O Re-apply every 8 years beginning 2023 All floors
5. Structural Elements
a. Visual inspection/Check for
- floor surface spalls/scaling/deterioration (Photos 29-31) M O Repair scaled areas as required per Engineer's recommendation beginning 2023 All floors
- water leakage M If needed, repair per Engineer's recommendation All floors
- floor cracks (Photos 30 & 31) M If needed, Rout and Caulk cracks per Engineer's direction All floors
b. Repair soffit cracks/spalls (Photos 32-35) (high priority item) M O
Epoxy inject cracks wider than 1/16". Epoxy inject 650' of cracks in soffit of ground floor (basement ceiling) in 2022 as high priority
item per letter dated June 8, 2022. Remaining 650' of cracks to be repaired in 2023. Monitor the performance of repair. if large cracks 1/8" or wider re-appear additional repairs may be required, such as cutting away hard connections from the post-tensioned slab to basement wall to release build up of internals stresses from thermal cycling
Soffit of ground floor
c. Repair beam cracks/spalls (Photo 36) (high priority item) M O
Repair per Engineer's recommendation. Epoxy inject 15' of cracks in beam on roof level from line 1 to 3, in 2022 as high priority item
per letter dated June 8, 2022. Roof level
d. Repair column cracks/spalls (Photos 37-41) M O Repair per Engineer's recommendation beginning 2023. All floors
e. Repair wall cracks/spalls (Photos 42-48) M O Rout and seal cracks 1/16" and smaller with sealant. Epoxy Inject cracks wider than 1/16", beginning 2023 All floors
6. Safety Check
a. Check for/Eliminate
- floor tripping hazards (Photo 49) M Stair and/or elevators and associated lobbies should be priority areas for tripping hazard checks All floors
-loose overhead concrete/broken CMU block wall/cracking in CMU wall (Photos 50-52) M O
Remove loose concrete to prevent possible injury to facility users and property. Remove and repair broken CMU block wall at NE
and NW corners of the garage. Seal cracks in CMU wall as required All floors
- guardrails/handrails M Ensure secure attachments All floors
- barrier cables (Photo 53) M Check for loose or damage cables and replace/repair per Engineer's recommendation All floors
- Chain link fence fastened to barrier cables, interior grid line C both sides (Photos 53 & 54) (high priority Item) M O
Check for loose or damage fence and replace/repair per Engineer's recommendation. Repair severely damaged fence outlined in June 8, 2022 letter and in here All floors
7. Snow/Ice Removal
a. Snow Plowing O
As required; Note, snow plow vehicle weights should not exceed
4,000 lbs per axel, skid-steer or "Bobcat" with plow attachment recommended. Snowplow blade should be heavy rubber or polyurethane blade with casters/spacers adjusted to hold plow edge
1/2" minimum off slab to avoid damaging concrete floor finish, sealants, and expansion joints. Snow may also be hand shoveled and piled into a trailer/flatbed truck for offsite removal or
relocation to on-grade levels. See also (b) Snow Removal Operation. See ACI Committee 362 "Guide for Structural Maintenance of Parking Structures" for additional information/details Roof Level
b. Anticipated snow removal O
It is anticipated that snow removal will primarily be needed at the bottom levels of the East and West garage in the area of the light well. As this is a primary drive aisle into the garage, it should be
the priority for removal. Other areas of the garage around the north and west perimeters may receive blown-in snow, but large amounts of piling snow is not expected as the metal panel screening and
crash walls provide a barrier to help reduce blown-in snow.
c. Snow Removal Operation O
Snow may be removed either by hand or by vehicle, and piled in pre-determined locations on grade levels of the garage (East garage, level 1; West garage, level 2). Snow shall not be piled on structurally supported levels. Snow may also be removed off the garage site and dumped in a location on campus to be coordinated with the overall campus snow removal plan. It is not recommended to dump snow over side, or use of snow thrower to throw snow
over sides of garage due to possible damage to exterior paneling/PV system. Bus Shelter and stairs should be hand shoveled
d. Ice control O
As required; Note, do not apply deicing chemicals containing chloride directly to concrete. Recommended to use sand in lieu of chlorides. Flush deck as soon as weather permits after use of
sands, taking care not to clog floor drains.
8. Signs (Graphics)
a. Illuminated & non-illuminated signs (Photos 55 & 56) M Check for functionality
b. Legibility & cleanliness R M Clean as necessary
c. Supports R M Check sign supports for structural integrity, tighten if loose or replace if necessary
9. Glazing
a. Visual inspection/Check for leaks (Photo 57)
- Safety/Damage M Check for broken or damaged glazing, and repair/replace as soon as possible.
- Cleanliness M Clean interior glazing, exterior cleaning may require safety precautions.
- Sealants R M Check for cracking/separation of sealant, and replace/repair as required. Verify warranty before repair.
10. Electrical See CDS engineering report for additional information, photos & suggested upgrades
a. Lighting: Visual inspection/Check for
- Dirty Lenses R M Remove and clean as necessary
- Non functioning lights M Replace as needed. A scheduled replacement plan based on anticipated LED life should be planned.
- Conduit Corrosion/Exposed wires M Inspect for damaged surface mount conduit.
b. Operation Checks
- Controls for time clocks/photocells M Reset time clocks as required and calibrate photocells
- Exit lights R M
- Emergency Egress Lighting R M Test stand alone and integral emergency lighting devices
c. Power
- Heat Trace R M Cycle system and spot check locations to make sure heat trace is heat up.
- GFCI Receptacles M Test receptacles and verify operational.
- Elec. Equip Working Spaces M Verify working spaces are being maintained, remove items as necessary.
d. CCTV System
- Inspect cameras and stored footage. R M
Verify all cameras are operational and not damaged. Verify digitally stored footage and make sure it is being stored and backed up properly.
11. Parking Control Equipment
a. Operation Checks
- Gates (Photo 58) M Check for proper operation and damage from vehicles and clean/tighten connections
- Card Access Controllers R M Clean and verify proper operation
- Detectors and loops R M Test loops and ensure proper operation
- Pay Stations R M Clean and verify proper operation
12. Elevators Maintenance (Elevator Manufacturer)
a. Operation Checks
- Safety Checks O Per Elevator Manufacturer and national/local codes
- Lamps (ceiling and indicator lights) M Replace as necessary, recommended to check daily
- Loading/Unloading M Review of use during peak usage times, change in response times can indicate equipment problems
- Sump pump M Check for proper operation & leaks
- Equipment room(s) M Check for proper ventilation
- Hydraulic Fluid Tank Heater M Check tank heaters are operating properly.
b. Cleaning
- Floors R M Sweep/Wash floors, recommended be done daily
- Glazing (if applicable) M Clean windows, may require safety precautions
13. HVAC Systems See CDS engineering report for additional information & photos
a. Parking Garage Exhaust (2 fan systems) Work is required for two separate fan systems.
- Safety Checks - Gas Detection Systems M Hire testing company to operate gas detection to ensure proper operation of controls and sensors.
- Fan operation M Turn fan starter from "Auto" to "Hand", operate until fan is up to full speed then return to "Auto" mode.
b. Parking Garage Office Roof Top Unit M Replace air filters quarterly. Full system check annually: check belts, refrigerant charge, dampers, gas heater, etc.
14. Fire Protection Systems See CDS engineering report for additional information and photos
a. Dry pipe fire sprinkler system M Per Fire Marshal and national/local codes. Test backflow preventer.
b. Dry stand pipe systems M Per Fire Marshal and national/local codes
c. Fire Extinguishers R M
Fire extinguishers are damaged and missing throughout the building. Relocate fire extinguishers from drive aisles to stair/entry
locations. Additional locations may be required to provide proper coverage. Provide alarmed cabinets at each location. Check weekly for damaged cabinets and removed extinguishers. Replace
as necessary. Test fire extinguishers annually. One time charge
15. Water Distribution System
a. Domestic Water Service M Test water service backflow preventer
16. Parking Technology & Other Upgrades (See Narrative)
a. Parking Guidance System O Advanced system with sensors or cameras and status lights
b. Signage & Wayfinding O Replace old green background aluminum signs with new aluminum or vinyl signs with blue background. Replace worn floor graphics.
c. Preferred Spaces O Sign preferred spaces for car pools, van pools, electric vehicles, etc.
d. Electric Vehicle Charging Stations O Install electric vehicle charging stations at 10 convenient spaces 10
e. Solar Panels O Install structural canopy and solar panels on the roof level above the parking spaces
17. Safety Upgrade
a. Add new screen/fence on south side of the garage in two bays that are in close proximity to the electrical power lines (Photo 59) O
New screen/fence on the south side of the garage from grid 4 to 5 and 7 to 8. Note: the cost to de-energize and activate the line, and/or move the line south for proper clearance, and/or raise the line to an elevation to achieve required vertical clearance are extra. See MEP report for a cost estimate
Second floor to roof ( 3 levels)
17. Waterproofing Upgrade
a. Provide new cove sealnt at the perimeter of the garage and as noted in drawing R-8 M O Roof level
APPENDIX D: SAMPLE PROFESSIONAL SERVICES AGREEMENT
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.
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.
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