HomeMy WebLinkAbout24 - Task Orders Order Number Unknown - Water and Environmental Technologies - 24-25 Operations, Maintenance, and Monitoring Landfill
Professional Services Master Task Order Agreement Page 1 of 12
PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2024 (“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, Water & Environmental Technologies, LLC. 480 East Park Street, Butte, MT 59701, hereinafter referred to as “Contractor.”
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 into this agreement with Contractor to provide a range of professional and technical services related to operations and maintenance of the City of Bozeman’s closed landfills, as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will expire on June 30th, 2027, unless extended or terminated as specifically provided for
within the agreement.
3. Scope of Work: Contractor will perform the work and provide the services in accordance
with the specific services and corresponding cost and schedule as mutually agreed upon by City and
Contractor and included in each individual Task Order executed under the authority of this
Agreement. The landfill operations, maintenance and monitoring scope of services that may be
requested over the term of the contract may include, but not be necessarily limited to the following:
• Perimeter methane monitoring and reporting.
• Groundwater monitoring and reporting.
• Industrial discharge monitoring and reporting.
• Soil vapor monitoring and reporting.
• Residential indoor air assessments.
• Landfill gas extraction system operation and maintenance.
• Soil vapor extraction and air injection system operation and maintenance.
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
August13th
Professional Services Master Task Order Agreement Page 2 of 12
• Data management.
• Remedial alternatives analysis.
• Design and construction oversight of selected remediation system improvements
and remedial alternatives.
• Regular reporting of monitoring results, work completed, and future
recommendations to the City, Department of Environmental Quality, and other
agencies, as necessary.
Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: The terms of compensation to Contractor shall be agreed upon and
included in each Task Order. City agrees to pay Contractor the amount specified in the individual
Task Orders. 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. For each individual Task Order, Contractor will familiarize itself with the nature
and extent of the assignment, 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 and will provide a mutually agreeable Scope of Services for each Task Order.
b. Contractor represents to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform said services in a professional, competent
and timely manner and with diligence and skill ordinarily used by member in the same profession
practicing at the same time and in the same locality; 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 standard of care.
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
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 3 of 12
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 indemnify, 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the 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; (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 willful misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Contractor’s actual liability obligation hereunder.
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 4 of 12
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 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 any indemnitee described herein 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 indemnitee shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)
thereof.
In the event of an action filed against 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 or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA or caused by
the “negligence, recklessness, or intentional misconduct” of the City or the City’s officers,
employees, or agents as per 28-2-2111 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 subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 5 of 12
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 and 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;
$1,000,000 annual aggregate; and
• Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. 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 or any individual Task Order under 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.
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 6 of 12
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 a termination pursuant to this Section 8, Consultant shall
provide all collected data to the City.
e. 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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort
to refrain from continuing work, incurring additional expenses or costs under this
Agreement or any Task Order 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. In the event of a termination pursuant to this Section 9, Contractor shall
provide all collected data to the City. e. The compensation described in Section 9(c) is the sole compensation due to
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 7 of 12
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 ten (10) 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 Cody Flammond 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, Consultant 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 Joshua Vincent, President 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
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 8 of 12
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
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 9 of 12
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, amended 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 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 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.
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 10 of 12
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing Party or the Party giving
notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel 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 to 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.
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 11 of 12
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 therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be
found to be not in conformance with this standard, the Consultant shall, at the City’s request, re-perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law
31. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.
32. 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.
33. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of two years by written agreement of the Parties. In no case, however, may this Agreement run
longer than five years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Professional Services Master Task Order Agreement Page 12 of 12
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA WATER & ENVIRONMENTAL
TECHNOLOGIES, LLC.
(CONTRACTOR)
By________________________________ By_________________________________
Chuck Winn, Interim City Manager
Print Name:_________________________
Print Title: __________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
President
Joshua Vincent
EXHIBIT A
City of Bozeman - Transportation and Engineering Department
Professional Services Master Task Order Agreement Dated ___________________, 2024
Task Order Number:_____________
Issued under the authority of Professional Service Master Task Order Agreement between the City
of Bozeman and ___________________ for closed landfill engineering services.
This Task Order is dated________, 2024 between the City of Bozeman (City) and Water &
Environmental Technologies, LLC (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Cody Flammond Contractor: __________________
SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work – Task
Order Number _____.
COMPENSATION: Contractor will bill for its services on a time and material basis with a project
total not to exceed of $_________. Contractor shall submit invoices to the City of Bozeman for
work accomplished during each calendar month. The amount of each monthly invoice shall be
determined by the time and material actually used during the invoicing period. The provisions of the
Professional Services Master Task Order Agreement dated _______ and any Special Terms and
Conditions and/or Exhibits or Attachments to the Task Order shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed
this Task Order:
City of Bozeman Contractor
By:_____________________________ By: _____________________________
Printed Name:____________________ Printed Name:_____________________
Title:____________________________ Title: ____________________________
Date:____________________________ Date: ____________________________
Docusign Envelope ID: 570D0870-55B4-4FF0-8974-001097343F88
Certificate Of Completion
Envelope Id: 570D087055B44FF08974001097343F88 Status: Completed
Subject: Complete with Docusign: F.6 WET_-_Professional_Services_Master_Task_Order_Agreement.pdf
Source Envelope:
Document Pages: 13 Signatures: 3 Envelope Originator:
Certificate Pages: 5 Initials: 0 Mike Maas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US &
Canada)
Stamps: 1 PO Box 1230
Bozeman, MT 59771
Mmaas@bozeman.net
IP Address: 69.145.83.100
Record Tracking
Status: Original
8/15/2024 9:08:33 AM
Holder: Mike Maas
Mmaas@bozeman.net
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign
Signer Events Signature Timestamp
Joshua Vincent
jvincent@waterenvtech.com
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 72.175.51.82
Sent: 8/15/2024 9:21:59 AM
Viewed: 8/15/2024 9:24:16 AM
Signed: 8/15/2024 9:29:58 AM
Electronic Record and Signature Disclosure:
Accepted: 8/15/2024 9:24:16 AM
ID: 7142413a-514e-4496-9d02-fae126a525a0
Greg Sullivan
gsullivan@bozeman.net
Bozeman City Attorney
City of Bozeman, Montana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 69.145.83.100
Sent: 8/15/2024 9:30:00 AM
Viewed: 8/15/2024 9:40:23 AM
Signed: 8/15/2024 9:40:36 AM
Electronic Record and Signature Disclosure:
Accepted: 8/15/2024 9:40:23 AM
ID: 91ec0a3c-fd87-4202-9b3e-edd19e2d9592
Chuck Winn
cwinn@bozeman.net
Acting City Manager
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 69.145.83.100
Sent: 8/15/2024 9:40:37 AM
Viewed: 8/15/2024 9:43:03 AM
Signed: 8/15/2024 9:43:12 AM
Electronic Record and Signature Disclosure:
Accepted: 8/15/2024 9:43:02 AM
ID: d416c1be-153c-4021-a0f1-6c29a8475c7b
Mike Maas
mmaas@bozeman.net
City Clerk
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signed
Using IP Address: 69.145.83.100
Sent: 8/15/2024 9:43:13 AM
Viewed: 8/20/2024 4:26:51 PM
Signed: 8/20/2024 4:27:00 PM
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Accepted: 1/6/2020 4:08:14 PM
ID: 79370d6f-72a4-4837-866f-9ec31f00062f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cody Flammond
cflammond@bozeman.net
Engineer II
Security Level: Email, Account Authentication
(None)
Sent: 8/20/2024 4:27:02 PM
Electronic Record and Signature Disclosure:
Accepted: 3/1/2023 4:02:16 PM
ID: 086c64a1-95e5-4a5f-9b5d-477e529bb83c
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/15/2024 9:21:59 AM
Certified Delivered Security Checked 8/20/2024 4:26:51 PM
Signing Complete Security Checked 8/20/2024 4:27:00 PM
Completed Security Checked 8/20/2024 4:27:02 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
From time to time, City of Bozeman (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign, Inc.
(DocuSign) electronic signing system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the
bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM
Parties agreed to: Joshua Vincent, Greg Sullivan, Chuck Winn, Mike Maas, Cody Flammond
How to contact City of Bozeman:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: jolson@bozeman.net
To advise City of Bozeman of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at jolson@bozeman.net and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from City of Bozeman
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body
of such request you must state your e-mail address, full name, US Postal address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bozeman
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must
state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer
time to process..
Required hardware and software
Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:
Final release versions of Internet Explorer® 6.0 or above (Windows only);
Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above
(Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen
Resolution: 800 x 600 minimum
Enabled Security
Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the ‘I agree’ button below.
By checking the ‘I agree’ box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify City of Bozeman as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Bozeman during the course of my relationship with you.