HomeMy WebLinkAboutRFQ_Municipal GW Permit_Muni Wells_WR Consulting_Final (002)REQUEST FOR QUALIFICATIONS
Municipal Groundwater Development Project,
Water Rights Permitting,
and
On‐Call Water Rights Consulting
CITY OF BOZEMAN
PO Box 1230
Bozeman, MT 59771‐1230
July 2024
NOTICE IS HEREBY given that the City of Bozeman (City) is requesting qualifications from
engineering consulting firms (Consultant) with specific expertise in municipal groundwater
supply projects in hydraulically connected alluvial aquifer systems in Montana’s closed basins.
The City will select the Consultant it deems most‐qualified based on its statement of
qualifications, which must show demonstrated experience in the following: municipal
groundwater supply planning and project management; hydrogeologic modeling and aquifer
characterization; groundwater well siting, exploration and aquifer testing; municipal well design,
well development, and well drilling construction administration; groundwater safe drinking
water act compliance; municipal groundwater water rights permitting, mitigation plan
development, mitigation water rights acquisitions and change authorizations, and mitigation
infrastructure design; and water rights consulting services for municipal water right change
authorizations, water rights evaluations, historical beneficial and consumptive use analyses,
ownership title due diligence, valuations, and water rights transactional support.
Copies of the Request for Qualifications (RFQ) are available on the City’s website.
All statements of qualification prepared in response to this RFQ must be provided as a single,
searchable PDF document file and be submitted digitally as an email attachment to the
submission email address below by the deadline indicated in this notice. Consultants are advised
that the email attachment size limit is 25MB and that only one PDF file will be allowed per
response. The subject line of the submission email shall clearly identify the RFQ title, company
name, and due date/time. File sizes greater than 25MB in size may be uploaded to the City Clerks’
Office upon special arrangement with the City Clerk. If this arrangement is made, it is sole
responsibility of the Consultant to ensure the file upload is completed, and that the City Clerk is
separately notified via email of the completed transmittal, prior to the deadline given in this
notice.
The deadline for submission of responses to this RFQ is Thursday, August 29, 2024 at 3:00pm
local time. It is the responsibility of the Consultant to ensure its submission is received by the
City Clerk prior to this deadline. Late submittals will not be accepted.
The email address for submission is: procurement@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, 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 submission non‐
responsive and disqualify the Respondent from award.
Administrative questions regarding submittal procedures may be directed to: Mike Maas, City
Clerk (406) 582‐2321, procurement@bozeman.net.
Technical questions regarding the project may be directed to: Brian Heaston, PE, Senior Water
Resources Engineer, (406) 582‐2282, bheaston@bozeman.net.
DATED at Bozeman, Montana, this 3rd day of August, 2024.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, July 27, 2024
Saturday, August 17, 2024
I. Introduction
The City of Bozeman (City), through this Request for Qualifications (RFQ), is seeking to procure
an engineering consulting firm (Consultant) with specific expertise in municipal groundwater
supply projects in hydraulically connected alluvial aquifer systems in Montana’s closed basins.
The selected consultant must have experience with Montana’s uniquely complex municipal
groundwater permit, mitigation plan, and water rights change processes administered by
Montana DNRC.
The selected Consultant must possess specialized technical experts with experience in the
following: municipal groundwater supply planning and project management; hydrogeologic
modeling and aquifer characterization; groundwater well siting, groundwater exploration, and
aquifer testing; municipal well design, well development, and well drilling construction
administration; groundwater safe drinking water act compliance; municipal groundwater water
rights permitting, mitigation plan development, mitigation water rights acquisitions and change
authorizations, and mitigation infrastructure design; and water rights consulting services for
municipal water right change authorizations, water rights evaluations, historical beneficial and
consumptive use analyses, ownership title due diligence, valuations, and water rights
transactional support.
The City intends to negotiate a professional services agreement contract (PSA) with the
Consultant(s) it determines to be most‐qualified upon review of all submissions to this RFQ.
Consultants are notified that the form of the PSA contract must be substantially similar to
template PSAs commonly utilized by the City in contracting for professional services. The City
will determine which template PSA is most conducive for the particular professional services
being contracted.
Publication of this RFQ shall not commit the City to enter into a PSA, to pay any expenses incurred
in preparation of a submission responding to this RFQ, or to procure or contract for any supplies,
goods or services. The City reserves the right to accept or reject all responses received for this
RFQ if it is in the City’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 City, including, but not limited to, equal opportunity employment practices, safety,
non‐discrimination & equal pay, etc.
II.Project Background
The City’s 2013 Integrated Water Resources Plan (IWRP) sets forth its 50‐year water supply plan.
The IWRP identifies groundwater as the largest new municipal water supply source with a
targeted development volume of 5,810 acre‐feet by the year 2062. A groundwater investigation
was initiated after the IWRP’s adoption by the City Commission in 2013. This investigation
culminated in 2023 with the drilling and aquifer testing of the City’s first municipal test well,
which is located at the Bozeman Sports Park property. The City desires to file for and take all
necessary steps to obtain a municipal groundwater water right permit with Montana DNRC in
order to make incremental progress towards achieving the IWRP’s targeted 5,810 acre‐feet
groundwater volume. Once a water right permit is secured, which will require DNRC approval of
a complementary mitigation plan, infrastructure design and construction to connect the well to
the City’s municipal distribution system and implement the mitigation plan can begin.
The City also desires to continue the planning process to identify new priority site(s) for well
exploration and aquifer testing. If favorable subsurface conditions are found after exploration
drilling and aquifer testing at priority sites, then the City will initiate steps to apply for a municipal
groundwater water right.
The City is in need of water rights consultant to perform various water rights services on an on‐
call and as needed basis. The City acquires water rights with new development and intends to
use these rights for groundwater mitigation purposes or to conserve the City’s existing municipal
rights through the construction of non‐potable irrigation systems. Other beneficial purposes may
be suitable for these water rights as determined by the City and water right consultant on a case‐
specific basis. On‐call water rights services requested by the City are expected to be completed
within a reasonable time period after issuance of a task order as many times these services are
related to ongoing development review and approval processes with regulatory review
timeframes.
The City has separately engaged with an outside water rights attorney to assist the City with
water rights adjudication matters and other water‐related legal issues. The Consultant(s)
selected under this RFQ may be directed by the City to consult with the City’s water rights
attorney, or the Consultant(s) may request from the City that it receive consultation from the
attorney in support of its work.
Due to the highly specialized nature of water rights permitting in Montana’s closed basins, the
limited number of qualified experts in Montana offering professional services to obtain water
right permits, and the competitive demand upon the limited water resource to support new
growth and development in the Gallatin Valley, the likelihood and consequence of professional
conflicts of interest arising are substantial. The City reserves the right to reject or disqualify any
Consultant with a real or perceived conflict of interest, as identified or disclosed in response to
this RFQ or in the future as contracted work is actively progressing, that potentially threatens the
City’s ability to advance its water supply goals and objectives.
III.Scope of Services
The scope of services that the selected consultant may be tasked with fall into the four (4) major
categories which are enumerated below. The City reserves the right to select and award
contracts to multiple Consultants if it determines a particular firm is most qualified for one or
more of these major scope categories. Alternatively, a Consultant may also focus its statement
of qualifications submission on a single category if its interest and expertise in performing
services for the City is specifically tailored to one category over another (e.g. general water rights
consulting services). The selected Consultant(s) may be directed by the City to work in
consultation with the City’s outside water rights attorney and other consultant experts separately
engaged with the City.
1. Prepare all required application materials to apply for and obtain a municipal
groundwater water right permit with the Montana DNRC for the City’s existing municipal
test well located at the Bozeman Sports Park.
2. Utilize existing published aquifer studies as well as publicly available well logs, aquifer
testing data, and hydrogeologic models of the Gallatin Valley aquifer to identify and
prioritize suitable municipal groundwater well sites for future well exploration, aquifer
testing, and water right permitting.
3. Upon approval of a municipal water rights permit and mitigation plan by Montana DNRC,
complete the design, agency approval, bidding, and construction administration of all
required public water supply infrastructure necessary to tie the municipal well into the
City’s existing municipal water distribution system as well as any required infrastructure
needed to implement the mitigation plan approved by Montana DNRC.
4. General water rights consulting services on an on‐call and as needed basis. On‐call
services may include but are not limited to: completing water right change authorizations
for existing municipal water rights or other water rights held by the City; water rights due
diligence evaluations; water right historical beneficial and consumptive use analyses;
water right ownership title research and quiet title actions; water rights valuations; and
transactional support for water rights transfers or purchases.
Upon the City’s selection of the Consultant(s) it deems most‐qualified, the final scope of services,
fee and schedule will be negotiated within a professional services agreement (PSA).
IV. RFQ Submittal Instructions & Timelines
Consultants must provide submissions for this RFQ via email to the City
Clerk at procurement@bozeman.net by Friday, August 29, 2024 at 3:00pm local time.
Submissions must be provided as a single, searchable PDF document file as an email attachment.
Consultants are advised that the email attachment size limit is 25MB and that only one
PDF file will be allowed per response. The subject line of the submission email shall clearly
identify the RFQ title, company name, and due date/time. File sizes greater than 25MB in size
may be uploaded to the City Clerks’ Office upon special arrangement with the City Clerk. If this
arrangement is made, it is sole responsibility of the Consultant to ensure the file upload is
completed, and that the City Clerk is separately notified via email of the completed transmittal, prior
to the deadline given in this notice. Late submittals will not be accepted.
Contact Information for Questions
Questions concerning this RFQ or Project shall be directed to the Project Manager listed below.
Project Manager
Brian Heaston, PE
bheaston@bozeman.net
406‐582‐2282
Timeline
EVENT DATE
RFQ Notice Dates Saturday, July 27, 2024; Saturday, August 17, 2024
RFQ Submittal Deadline Thursday, August 29, 2024 at 3:00pm local time
Evaluation of Submittals September 2 – September 13, 2024
Interviews (At City’s Discretion) Week of September 16 ‐ 20, 2024
Selection Decision September 20, 2024
Except for the RFQ notice dates and submittal deadline, the above RFQ timeline may be modified
without notice by the City.
V. Submission Contents and Format
Respondent submissions to this RFQ must contain the information requested within this section
and be formatted as described within this section.
A. Submission Contents
1.Firm Background
Provide general information about the firm, its history, strengths/weaknesses, and special
capabilities that set the firm apart from its competitors. If the Consultant consists of a
team of firms, provide the specific capabilities for each respective firm and the particular
value that a team approach provides for successful delivery of the Project.
2.Project Overview and Understanding
Provide a high level overview of the Project and the particular understanding of the
purpose and need for the major elements described in the Scope of Services section of
this RFQ.
3.Detailed Project Approach
Describe the detailed approach to delivering the Project within a detailed scope of
services. The submission should include specific scope items and identify milestones that
are proposed to support the successful delivery of the major elements described in the
Scope of Services section of this RFQ. If the Consultant is comprised of a team of
engineering firms, the submission contents must clearly indicate which firm will be the
prime firm for the PSA, and clearly distinguish the respective aspects of the detailed
project approach each firm will be working on.
4.Proposed Project Schedule
Prepare a project schedule consistent with the proposed detailed project approach.
5.Project Management and Staff Qualifications
Describe the Consultant’s project manager and principal‐in‐charge and their particular
qualifications along with their respective office locations. Describe the experience and
qualifications of professional personnel to be assigned to the project and their particular
role in delivering the scope of services described in the proposed detailed project
approach.
6.Respondent’s Workload and Related Experience on Similar Projects
Describe the Consultant’s recent or current work with the City, if any. Provide the status
of current and anticipated workload and the Consultant’s capability to meet the proposed
project schedule. Provide a description of not less than three projects of similar size and
scope that the Consultant has successfully completed within the past 5 years. The project
description shall include a brief overview, overall construction costs, overall engineering
fees, and detailed contact information for the project owner. Provide a list of all active
existing public clients located in the Gallatin Basin 41H for which the Consultant is
providing water rights permitting or groundwater development services.
7.Signed Nondiscrimination & Equal Pay Affirmation Form
Provide a signed version of the Nondiscrimination & Equal Pay Affirmation Form attached
to this RFQ. If the Consultant is a team of firms, a separate form shall be signed by an
authorized representative from each firm.
B. Submission Format
1.Submissions shall be provided as a single, searchable, PDF document file.
2.Submissions shall contain a cover letter signed by an officer or principal of the responding
prime firm.
3.Submissions shall be a total of twenty (20) 8.5”x11” pages or less, with margins not
smaller than 0.50”, and font not smaller than 11‐point type.
a.The following pages are exempted from the 20 page limit: Cover Page, Cover
Letter, Table of Contents, Divider Pages, Personnel Resumes, and signed Non‐
Discrimination and Equal Pay Affirmation Form.
b.A project schedule sheet is exempted from the 8.5”x11” page size limit and may
be of larger format, but is included in the 20 page submission limit.
VI.Selection Criteria and Procedure
Submissions will be evaluated on the criteria listed below. These are minimum criteria listed in
Sec. 18‐8‐204 MCA as well as an additional criterion capturing the Consultant’s specific project
approach and understanding. These criteria are not assigned point values for relative weighting
in the evaluation and ranking process. A City selection committee consisting of at least three
staff members will review and evaluate the submission as a whole to assign proposal rankings
from most‐ to least‐qualified.
1.The Consultant’s specific project understanding and unique approach;
2.Qualifications of professional personnel to be assigned to the project;
3.Capability to meet project time and budget requirements;
4.Location of the firm;
5.Present and projected workloads;
6.Related experience on similar projects; and
7.Recent and current work for the City.
The Consultant(s) whose submission is determined by the selection committee to be most‐
qualified will be selected to enter into contract negotiations with the City. The selection
committee may choose to select multiple firms for contract negotiations if it believes the City will
receive superior service and results compared to the selection of a single firm.
Contract negotiations in the form a professional services agreement will proceed after selection
and will take into account the estimated value of services to be rendered, as well as the scope,
complexity, and professional nature thereof, in order to arrive at a contract the City determines
to be fair and reasonable. If the City is unable to negotiate a satisfactory contract with the initially
selected Consultant at a price it determines to be fair and reasonable, or if specific contract legal
provisions cannot be mutually agreed upon, then negotiations with that Consultant will be
formally terminated. If this occurs, the City may initiate contract negotiations with the next most‐
qualified Consultant and continue until an agreement is reached or the procurement process
under this RFQ is terminated.
VII.Form of Professional Services Agreement
Consultants are notified that the form of the PSA contract must be substantially similar to
template PSAs commonly utilized by the City in contracting for professional services. The City
will determine which template PSA is most conducive for the particular professional services
being contracted.
VIII.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 CONSULTANTS 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 Consultants 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 Consultant and negotiate a
final scope of service and cost, negotiate a contract with another Consultants if an
agreement cannot be reached with the first selected Consultant, or reject all proposals.
E. The successful Consultant(s) will be required to enter into a contract with the City, which
will incorporate the Consultants scope of service and work schedule as part of the
agreement.
F. This RFQ does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by Consultants 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 Consultants, 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.
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 a City, officer, employee,
contractor, or subconsultant of a Consultant shall be an officer or employee of the City.
No rights of the City’s retirement or personnel rules accrue to a respondent, its officers,
employees, contractors, or consultants. Consultants shall have the responsibility of all
salaries, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums appurtenant thereto concerning its officers, employees,
contractors, and consultants. Each Consultant shall save and hold the City harmless with
respect to any and all claims for payment, compensation, salary, wages, bonuses,
retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and
premiums in any way related to each Consultant’s officers, employees, contractors and
suconsultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the City’s ADA
Coordinator 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 a response to this RFQ 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
1.Nondiscrimination and Equal Pay Affirmation Form
XI.Other Resources
The following documents are available upon request. Due to large file sizes, the documents will
be made available through Microsoft OneDrive sharepoint. To request access to these
documents, email bheaston@bozeman.net.
1.2013 Integrated Water Resources Plan
2.City of Bozeman Groundwater Investigation Report
3.Sports Park Test Well Technical Data and Aquifer Test Results
**END OF RFQ EXCEPT FOR ATTACHMENTS**