HomeMy WebLinkAboutRFP - City of Bozeman Library Solar PV Expansion
REQUEST FOR PROPOSALS (RFP)
Solar Photovoltaic (PV) Expansion Project
BOZEMAN PUBLIC LIBRARY – 616 E MAIN ST
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
October 2025
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NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from qualified solar
photovoltaic (PV) providers to supply, permit, and install a 36.96 kW DC rooftop solar PV expansion
project at the Bozeman Public Library, 616 E. Main St, Bozeman, MT 59715.
Copies of the Request for Proposals 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 City email address below. All proposals must comply with level A and AA
Success Criteria and Conformance Requirements as defined by current Web Content Accessibility
Guidelines (WCAG). Respondents are advised that City’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 the City Clerks’ Office upon special arrangement with the City Clerk. It is the Respondent’s
sole responsibility to ensure the file upload is completed, and that the City is separately notified via email
of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by October 27, 2025 at 5:00 PM MST It is the sole responsibility
of the proposing party to ensure that proposals are received prior to the closing time as late submittals
will not be accepted and will be returned unopened.
The email address for submission is: procurement@bozeman.net
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, procurement@bozeman.net.
Questions relating to the RFP should be directed to: Natalie Meyer, Sustainability Program Manager,
(406) 582-2317, nmeyer@bozeman.net.
DATED at Bozeman, Montana, this October 4, 2025
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, October 4, 2025
Saturday, October 18, 2025
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I. INTRODUCTION
The City of Bozeman (Owner) is seeking proposals from qualified solar PV providers to supply,
permit, and install a 36.96 kW DC rooftop solar PV array, thereby expanding the existing 16.72
kW DC solar array to a 53.68 kW DC system at the Bozeman Public Library at 616 E. Main St,
Bozeman, MT 59715.
The Owner intends to enter into a contract with the selected firm to provide a turn-key
installation. This RFP shall not commit the Owner to enter into an agreement, to pay any
expenses incurred in preparation of any response to this request, or to procure or contract for
any supplies, goods or services. The Owner reserves the right to accept or reject all responses
received as a result of this RFP if it is in the Owner’s best interest to do so.
II. PROJECT BACKGROUND AND DESCRIPTION
The City of Bozeman (City) is soliciting proposals from qualified solar PV providers on a turn-key
installation of a 36.96 kW DC rooftop solar PV expansion project at the Bozeman Public Library,
616 E. Main St, Bozeman, MT 59715 (Site). Proposers shall have demonstrated experience
designing, planning, scheduling, permitting, and installing complete solar PV systems; have
knowledge of local utilities; provide project financial analysis and tax credit compliance support;
and provide system monitoring and maintenance.
The City’s interest in pursuing solar PV projects reflects the following prioritized goals:
• Make progress towards the City’s clean electricity goals and reduce greenhouse gas
emissions.
• Reduce grid electricity purchases (kWh/mo) and electricity costs ($/mo).
• Educate the public about the benefits of solar energy.
The City has 348 kW DC of installed solar capacity at four sites. To reduce our environmental
impact and greenhouse gas emissions, the City set a goal of 100% net clean electricity by 2030.
Through this RFP, the City seeks to continue to make progress toward achieving its clean energy
goals, and thus, the renewable energy certificates (RECs) will be the property of the City.
This project will be funded in full or in part by the Infrastructure Investment and Jobs Act (IIJA)
of 2021 under the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant
Program (EECBG) Formula Awards, as a result this project is subject to all federal laws and
regulations required by the EECBG. Per the agreement, all laborers and mechanics shall be paid
rates not less than those prevailing on similar projects in the locality, as determined by
Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act). Proposers will be
asked to submit and certify weekly payrolls for all employees and subcontractors during
installation.
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Under the EECBG award agreement, proposals must describe expected kWh and energy cost
reductions. Proposals may not exceed 60 kW DC in size.
A solar site survey was completed by OnSite Energy, and TD&H Engineers completed a
structural analysis.
III. SCOPE OF SERVICES
The City is soliciting proposals from qualified solar providers to supply, permit, and install a
36.96 kW DC rooftop solar array, thereby expanding the existing 16.72 kW DC array to a total
system size of 53.68 kW DC at the listed site address. The goal of this RFP is to identify a solar
provider with the necessary experience to ensure a fully-managed and well-executed process.
The successful Proposer will have demonstrated experience designing, planning, scheduling,
permitting, installing, interconnecting, and maintaining a solar PV system. The Proposer is
responsible for all permitting and should include the cost of all permitting in their proposal.
Proposers should be familiar with NorthWestern Energy regulations, provide project financial
analysis, and have established on-site safety standards. The City reserves the right to modify the
scope of the project at any time.
Site Details Solar PV Details
Name Address
Average
Electric Load PV Type Estimated PV Size
kWh/year kW-DC
Bozeman Public
Library
616 E. Main St.
Bozeman, MT 59715 446,240 Rooftop 36.96
• Desired Solar PV System Description: The City is seeking the specified rooftop PV
system to maximize system size and cost savings within the site plan constraints
identified in the Basis of Design and Site Plan, Attachment C.
• Project Financials: The City requests the Proposer to submit a price proposal for the
site.
• System Ownership: The solar PV system will be owned by the City.
• Operation and Maintenance (O&M): The City may seek O&M services from the selected
Proposer for the contract life as a bid alternate. Please include O&M costs as a separate
line item for a cash-purchased system.
• Monitoring: The City requests a turnkey monitoring system for system performance and
public education through our website.
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Design Guidelines
Basis of Design Specifications:
• Silfab-SIL-440-QD Solar PV Modules (84 modules x 440 W = 36.96 kW DC)
• Solectria PVI-25TL-480 25kW Inverter
• AP Smart APSM-RSD-S-PLC Module Level Rapid Shutdown Device
• U-Anchor U2400-TPO with IronRidge Aire A2 Rail Racking System
For additional details, please refer to the attached Basis of Design and Site Plan, Attachment C.
Proposers may propose equipment substitutions that meet the code specifications listed below.
The new PV array shall be located within the designated roof area identified in the Basis of
Design and Site Plan.
It is the responsibility of the Proposer to assess the site attributes to estimate costs related to
project installation. The Proposer is responsible for the costs of securing the permits necessary
to install a rooftop system.
• Mounting system shall limit roof penetrations and will be subject to approval by the
City’s designated structural engineer. Mounting system design must meet applicable
local building code requirements for snow, wind, and earthquake loading factors.
The solar system installation must not void any portion of the Library’s roof
warranty.
• The system shall be fixed and flush-mounted to the roof.
• Conduit penetrations shall be minimized.
• All roof access points shall be securely locked at the end of each day during installation
or O&M activities.
• System layout shall meet local fire department, code, and ordinance requirements for
roof access.
Code Specifications
The installation and power generation and transmission equipment shall comply with
applicable building, mechanical, fire, seismic, structural, and electrical codes. Only products
that are listed, tested, identified, or labeled by Underwriters Laboratories (UL) or another
nationally recognized testing laboratory shall be used as components in the project. Installation
must comply with the current adopted City Building Code, which includes: 2021 International
Building Code (IBC), 2020 National Electric Code (NEC), and 2021 International Fire Code (IFC).
• Modules: System modules shall be certified to International Electrotechnical
Commission (IEC) 61215 or 61646 performance standards, Underwriter Laboratories
(UL) 1703 fire code listed, and California Energy Commission (CEC) listed.
• Inverters: Shall be performance certified to IEC 62109, UL1741 listed, and CEC-listed
with an efficiency of 95% or higher.
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Grant and Tax Credit Provisions
Under the DOE-EECBG grant award, all laborers and mechanics shall be paid rates not less than
those prevailing on similar projects in the locality, as determined by Subchapter IV of Chapter
31 of Title 40, United States Code (Davis-Bacon Act). Proposers will be asked to submit and
certify weekly payrolls for all employees and subcontractors during installation. Contractor and
sub-contractor obligations under the Davis-Bacon Act can be found in the Department of
Energy’s Desk Guide to the Davis-Bacon Act.
While the project is exempt from the Buy American requirements under the DOE-EEBG grant
agreement, domestic content equipment is preferred to the extent practical. The City may file
for the 48E tech-neutral clean electricity investment tax credit. The One Big Beautiful Bill Act
(OBBA), signed on July 4, 2025, extends the Foreign Entity of Concern (FEOC) restrictions to 48E
tech-neutral clean electricity investment credit on all projects that do not meet the 5% safe
harbor for low-output solar facilities for tax year 2025 under Treasury guidance 2025-42.
Projects that commence construction after December 31, 2025 will be subject to FEOC and
domestic content requirements. The Proposers will outline their approach to assist the City in
qualifying for the 48E tech-neutral clean electricity investment credit.
Warranties
The Proposer must provide their standard system warranty coverage along with specific
equipment warranty coverage for modules, inverter, racking, and workmanship.
• Modules: 25-Year Power Output and 10-Year Workmanship Limited Warranty.
• Inverter: 10-Year Limited Warranty.
• Workmanship: 2-Year Limited Warranty.
Inspection and Commissioning
To ensure compliance with all electrical codes, an inspection by a licensed electrical inspector is
mandatory after installation is complete. Commissioning tests shall be included in the final
inspection and Quality Control Plan. In addition, the City’s independent commissioning agent
shall ensure that:
• All equipment specifications match the proposed equipment specifications.
• The physical layout aligns with the as-built diagrams, with variations to the proposed
system noted.
• The electrical system, as laid out and connected, aligns with the as-built one-line
diagrams, including fuses, relays, and switches, with variations to the proposed system
noted.
• Each array passes the open circuit voltage and current test.
• The manual disconnect switch operates correctly.
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• The mounting system and penetrations maintain the structural integrity, waterproofing,
and mechanical safety of the array.
System Monitoring
Monitoring of system performance (separate from utility meter monitoring requirements) and
providing public education are two important elements of this RFP. The City will favor a
proposal that includes a turnkey monitoring system with the ability to display production data
on a public website. Data storage and management will be the responsibility of the Proposer.
Additionally, the regularly collected data should reflect, but not be limited to, the following:
• Average and accumulated output (kWh/day, kWh/year, and cumulative kWh) versus
building load.
• Capacity factor.
• Air quality emissions averted and real-world equivalents conversion (e.g., homes
powered, vehicle miles driven, trees planted, etc.).
Operation and Maintenance of System
For Operations and Maintenance bid alternates, the successful Proposer will provide O&M of
the entire solar electric system over the contract life. Operations and maintenance services
include, but are not limited to:
• Online monitoring.
• Performance monitoring, notification, and troubleshooting.
• Corrective maintenance to mitigate any risk to the system or minimize downtime.
• Quarterly system performance reports that compare actual production to predicted
production.
• Preventative maintenance and inspections to identify and fix problems before they
occur, including infrared photography for hot spots, manufacturer-recommended
maintenance, hardware torque checks, and array cleanings.
Before system start-up, the successful Proposer shall supply the City with two copies of all
Component Product Data and Component Operation and Maintenance manuals. The
information shall be sufficient for the City to evaluate and ensure that it can appropriately
complete O&M over the life of the system. Project as-builts that detail the location of all above
and underground utilities and components shall be submitted within 30 days of system start-
up.
Final Design Package
The winning Proposer and the City will negotiate to develop the contents of the final design
package. The City’s requested sections are included below. These are NOT required in the
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proposal bid. The “Proposal Requirements” section specifies detailed bid submission
requirements.
• Solar PV Description: A summary of the solar PV system types, sizes, annual production,
and site location.
• Schedule: The equipment procurement and solar PV installation schedule.
• Design and Engineering Documents: The design documents for all elements of the
project, including, but not limited to, mechanical, electrical, and structural. Drawings shall
be stamped by an Engineer registered in the State of Montana. Structural engineering
shall be coordinated with the City’s designated structural engineer.
• Site Drawings: Layout drawing of the installation site providing the location of all
equipment.
• Equipment Details and Specifications: A high-level summary listing all solar PV system
equipment and their associated specification sheets.
• Incentives: The Proposer shall complete and submit in a timely manner weekly certified
payrolls to demonstrate compliance with the Davis-Bacon Act and all documentation
required to qualify the system for available tax credits. All Renewable Energy Credits are
to be assigned to the City.
• Electrical Interconnection: The Proposer shall supply and install all equipment required
for a net energy metered (Level 1 Small Generator Interconnection) in effect at the time
of installation. The Proposer shall provide an interconnection agreement with
NorthWestern Energy to ensure all utility requirements will be met. All costs associated
with utility interconnection shall be borne by the Proposer.
• Manuals: This includes equipment, installation, and O&M manuals for proper system
monitoring over the life of the contract. This should dovetail with the training of building
operating staff for operation and maintenance.
• Monitoring: A description of controls, monitors, and instrumentation to be used for the
solar PV system. This includes web-based monitoring for performance verification and
public education.
• Safety Plan: The Proposer’s plan to ensure safety for all personnel. The Proposer shall
report accidents, claims, and other ongoing safety-related issues to the City in a manner
consistent with City-wide reporting systems.
• Quality Control Plan (QCP): At a minimum, the QCP should conform to “IEC 62446 Grid-
Connected PV Systems – Minimum Requirements for System Documentation,
Commissioning Tests, and Inspections.”
• Installation Plan: This includes the appropriate documentation, plan, and timeline. All
submittals, drawings, disruption plans, and contract documents shall be reviewed and
approved in writing by the City Project Manager before submittal for design
review/permits. The site, except for the solar PV system footprint, shall be returned to
pre-installation condition.
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• Close Out Report: The Proposer shall report progress of the project contract closeout to
the City. At a minimum, this should include the following information: system
nameplate size, overall installed system cost, and estimated annual kWh production.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the response applies. Respondent must disclose whether Respondent
intends to use Generative AI in the fulfillment of the services if awarded a contract.
Please include the following sections in your proposal submittal in the following order.
a) Cover Letter
Cover letter must be addressed to the City of Bozeman and signed by a legally
authorized representative of the Proposer. It must summarize key provisions of the
proposal and must include the Proposer’s contact name, address, phone, and email.
Specify if the Proposal includes any trade secrets that must be shielded in case the City
is subject to the Freedom of Information Act (FOIA).
b) Executive Summary
Include key provisions of the proposal, including understanding of the City’s goals,
pricing, the Proposer’s role on the project, a brief description of the proposed system,
optional financing, relevant experience with local governments, and key timeline dates.
c) Price Proposal
Provide the following price proposals for an upfront purchase.
• Upfront cost ($/W and overall $)
d) Technical Solution
Describe your technical approach to the design and installation of the solar project,
including:
• Technical approach, design, equipment, and installation
o Guaranteed power capacity (kW DC and kW AC)
o Estimated annual electricity production (kWh AC)
o Panel, inverter, racking specifications, including manufacturer and model
o Equipment and workmanship warranties
• Attachments showing the physical layout of the proposed PV, inverter, and conduit
• PV system simulation report indicating the production of the proposed system
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• Proposed monitoring system, including, but not limited to, equipment requirements,
data output, and maintenance requirements
• Approach to grant Davis-Bacon Act compliance and tax credit eligibility
• Operations & Maintenance plan offered for the project, if applicable. Please price
O&M plan separately
e) Community Co-benefits
Describe community benefits resulting from the project, including, but not limited to:
• Supporting local solar businesses
• Creating employment or apprenticeship opportunities and/or diverse business
enterprises
• Creating educational opportunities offered to the community
• Making relevant solar PV data available to community members
• Integrating unique environmental or economic considerations
• Other relevant details the Proposer would like to provide
f) Proposer Profile
Years in business, description of background working with local governments, applicable
state licensing, OSHA background and safety protocol, insurance, and quality control
documentation.
g) Project Experience
Include a minimum of 1 and a maximum of 5 projects completed in the last 3 years,
similar in scope and complexity to the proposed project. Include project name, system
size (kW), location, and a brief 2 to 3-sentence project description. Highlight companies
permitting and interconnection experience with the local utility (NorthWestern Energy).
• References: Provide 3 project references, including the contact person’s name,
email address, telephone number, and organization, as well as the nature of work
performed, its location, and total project size (kW).
• Litigation: Indicate whether the Proposer, any team member, or any corporate
officers have been party to any lawsuit involving the performance of any equipment
it has installed, and provide a summary of the issues and lawsuit status.
h) Project Team
Organization chart and bios (length of time with firm, key projects, work history) of key
team members and subcontractors, and their capability to perform work. Please only
profile individuals who will directly be working on this project. Clearly identify the
project manager.
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i) Safety
Include a brief description of the safety practices of your firm, as well as the OSHA
Reporting Indicators for the last 2 years.
j) Proposed Schedule
Identify key project milestones and include any necessary review periods for the City.
k) (Optional) Additional Information
If the Proposer believes that additional information must be included in their bid that is
not covered in the above sections, it can be included in this section.
l) Affirmation of Nondiscrimination (see Attachment A)
Non-completion of the Affirmation of Nondiscrimination and Equal Pay is cause for
disqualification of firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
RESPONSIBLE
PARTY EVENT Date/Time
City RFP Advertising Dates 10/04/2025 & 10/18/2025
City & Proposers Optional Site Walk 10/14/2025
Proposers RFP Questions Deadline 10/17/2025
City Answers to RFP Questions Published 10/21/2025
Proposers RFP Deadline 10/27/2025
City RFP Review Complete by Committee 10/31/2025
City & Proposers Interviews 11/05/2025
City Selection (or No Selection) 11/07/2025
City & Proposer Contract Executed 11/25/2025
City & Proposer System Commissioning & Operation Deadline 05/29/2026
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Optional site walks will be scheduled on 10/14/2025 at the Bozeman Public Library 616 E Main
St, Bozeman, MT. It is estimated to take 1 hour and will be scheduled upon request. Technical
questions will not be answered at this meeting. Please submit site walk attendee information
via email by 10/13/2025.
Deliver RFPs via email to the City Clerk (procurement@bozeman.net) by 10/27/2025 at 5:00
PM MST. It is the sole responsibility of the proposing party to ensure that proposals are
received prior to the closing time, as late submittals will not be accepted and will be returned
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unopened. All proposals must be provided as a single, searchable PDF document file and be
submitted digitally as an email attachment to the RFP Recipient email address
procurement@bozeman.net. Proposers 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 the City Clerks’ Office upon special
arrangement with the City Clerk. It is the Respondent’s sole responsibility to ensure the file
upload is completed, and that the City is separately notified via email of same, prior to the
given deadline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 12:00 PM MST on October 17, 2025.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, procurement@bozeman.net
Questions relating to the scope of services should be directed to: Natalie Meyer, Sustainability
Program Manager, nmeyer@bozeman.net, 406-582-2317
VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirements or the deadline will not be
considered. The review committee will rank the proposals and may arrange interviews with the
finalist(s) prior to selection. Selection may be made directly based on the written RFP
submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• 20 points Company Qualifications and Experience of Personnel
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• 15 points Similar Project Experience
• 15 points Technical Solution
• 20 points Cost Proposal
• 20 points Schedule
• 7 points References
• 3 points Proposer’s Local Presence/Local Job Support
a) Company Qualifications and Experience of Personnel (20 points)
• Introductory letter or statement of interest;
• First name, address, and principal contact for the RFP;
• Senior management of the firm;
• A general description of the firm including its primary source of business, organizational
structure and size, number of employees, and years of experience performing services
or supplying products similar to those described within the RFP;
• A resume or summary of qualifications, work experience, education, certification, and
skills for all key personnel, including any subcontractors, who will be directly involved in
this project. Include each individual’s anticipated role and years of experience providing
services similar to those described in the RFP. Clearly identify the project manager.
• A brief description of the safety practices of your firm.
b) Similar Project Experience (15 points)
• Summarize projects completed by the company in the last 3 years, similar in size and
scope to the proposed project. Include project name, system size, location, utility
interconnection, and brief description.
c) Technical Solution (15 points)
• Describe your technical approach to the design and installation of the solar project,
including:
o Power capacity (kW AC and kW DC)
o Estimated annual electricity production (kWh AC)
o Module, inverter, and racking specifications
o Equipment and workmanship warranties
o Exhibits showing proposed layouts and system single-line diagrams
o Report indicating the projected production of the proposed system
o Proposed monitoring of system/solution
o Approach to grant Davis-Bacon Act compliance and tax credit eligibility
o Operations and Maintenance Plan offered for the project
d) Cost Proposal (20 points)
• Provide the following price proposal(s), as applicable:
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• Provide a lump sum bid for all services (including but not limited to labor, materials,
taxes, transport, and permitting) associated with the installation of a complete and
operational PV system as described in the proposal.
e) Schedule (20 points)
• Identify proposed dates for key project milestones through the completion of this
project, including any necessary review periods for the City of Bozeman. The proposed
schedule should account for the NorthWestern Energy interconnection process and
project eligibility for the Section 48E tech-neutral clean electricity investment credit. The
City will prioritize proposals that include a timeline to commence installation before
December 31, 2025, and describe a contingency plan to qualify for the Foreign Entity of
Concern (FEOC) restrictions should the project commence installation after December
31, 2025.
f) References (7 points)
• Provide a minimum of 3 references that are using or have used the services/products of
the type proposed in this RFP. At a minimum, provide the company name, location
where the services/products were provided, contract person(s), contact telephone
number, e-mail address, and a complete description of the services/products provided,
and the dates of service.
g) Proposer’s Local Presence/Local Job Support (3 points)
• Describe the firm's ability to provide local job support for the duration of the project.
X. FORM OF AGREEMENT
The Proposer will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Attachment B. The attached
professional services agreement does not currently include language related to the Davis-
Bacon Act. The professional services agreement will have this language included prior to the
parties finalizing the agreement. Selected Respondent acknowledges that City may make
changes to the agreement as required by the nature of the scope of services.
XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUESTS FOR QUALIFICATIONS AT A LATER DATE.
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A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Attachment B for form of professional services agreement). The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H. Projects under any contract are subject to the availability of funds.
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XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, sexual preference, gender identity, or disability in fulfillment of a contract
entered into for the services identified herein and that this prohibition on discrimination
shall apply to the hiring and treatment of the submitting entity’s employees and to all
subcontracts it enters into in the fulfillment of the services identified herein. Failure to
comply with this requirement shall be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
XIII. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee,
or agent of the City shall affect or modify any term of this solicitation. Oral
communications or any written/email communication between any person and City
officer, employee or agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee
of the City. No rights of the City’s retirement or personnel rules accrue to a
respondent, its officers, employees, contractors, or consultants. Respondents shall
have the responsibility of all salaries, wages, bonuses, retirement, withholdings,
worker’s compensation and occupational disease compensation, insurance,
unemployment compensation other benefits and taxes and premiums appurtenant
thereto concerning its officers, employees, contractors, and consultants. Each
Respondent shall save and hold the City harmless with respect to any and all claims
for payment, compensation, salary, wages, bonuses, retirement, withholdings,
worker’s compensation and occupational disease compensation, insurance,
unemployment compensation other benefits and taxes and premiums in any way
related to each respondent’s officers, employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those
persons with sensory impairments. For further information please contact the ADA
Coordinator David Arnado at 406-582-3232 or the City’s TTY line at 406-582-2301.
17
E. Procurement. When discrepancies occur between words and figures in this
solicitation, the words shall govern. No responsibility shall attach to a City employee
for the premature opening of an RFP not properly addressed and identified in
accordance with these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any
future agreement shall be governed and construed and enforced in accordance with
the laws of the State of Montana, without reference to principles of choice or
conflicts of laws.
G. 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, Davis-Bacon Act, 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.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Attachment A: Non-Discrimination Affirmation
Attachment B: Form of Professional Services Agreement
Attachment C: Basis of Design and Site Plan
Attachment D: Two Years of Electricity Usage
END OF RFP
18
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).
______________________________________
Name and title of person authorized to sign on behalf of submitter
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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
Attachment B: Form of Professional Services Agreement
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become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
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paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
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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;
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•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.
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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
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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.
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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, Davis-Bacon Act, 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against
people with disabilities in all services, programs, and activities offered or made available by the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications intended to be branded for use by the City, Contractor must use the City style guide when
creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital
content, documents, or web applications must also adhere to level A and AA Success Criteria and
Conformance Requirements as defined by the current Web Content Accessibility Guidelines
(WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the City refuses digital content because it is non-compliant with the City style guide, Section 508 of
the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content
compliant and redelivered at no additional cost to the City.
15. 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
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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.
16. 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.
17. 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.
18. 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
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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.
19.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.
20.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.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22.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.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. 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.
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25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. 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.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. 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.
31. 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.
32. 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 __________________________.
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**** 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__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
TABLE OF CONTENTS
PAGE #DESCRIPTION
PV E1.1 - E1.2 BASIS OF DESIGN
PV E2.1 1-LINE
SCOPE OF WORK
Type of Install Commercial
Roof Material TPO
Roof Pitch 6.7°
Service Voltage 480/277 VAC Wye 3ɸ
Old DC System Size (kW)16.72
New DC System Size (kW)53.68
Old AC System Size (kW)23
New AC System Size (kW)48
# PV Strings 4 Additional, 5 Existing
# of Inverters 1 Additional, 1 Existing
# of PV Modules 84 Additional, 88 Existing
# of MLPE Devices 84 Additional, 0 Existing
GENERAL NOTES:
·LOCAL UTILITY PROVIDER SHALL BE NOTIFIED PRIOR TO USE AND ACTIVATION OF ANY SOLAR PHOTOVOLTAIC INSTALLATION
·THIS PROJECT SHALL COMPLY WITH LOCAL ORDINANCES
·PROPER ACCESS AND WORKING CLEARANCE WILL BE PROVIDED
·ALL ELECTRICAL WORK SHOWN ON THESE PLANS WILL BE COMPLETED BY THE UNDERSIGNED OR LISTED SUBCONTRACTOR
·ALL APPLICABLE PV EQUIPMENT LISTED AND COMPLIANT WITH UL2703, UL1741, AND UL1703 / UL61730
·ALL ROOF PENETRATIONS TO BE SEALED WITH A HIGH PERFORMANCE ROOF SEALANT SUCH AS SIKAFLEX
·THE SYSTEM WILL NOT BE INTERCONNECTED UNTIL APPROVAL FROM BOTH THE LOCAL JURISDICTION AND THE UTILITY IS
OBTAINED
·IF THE EXISTING MAIN PANEL DOES NOT HAVE VERIFIABLE GROUNDING ELECTRODE, IT IS NECESSARY TO INSTALL A
SUPPLEMENTAL GROUNDING ELECTRODE
·EACH MODULE WILL BE GROUNDED UL2703 OR UL1703 / UL61730 APPROVED USING THE SUPPLIED CONNECTION POINTS
IDENTIFIED ON THE MODULE AND THE MANUFACTURER'S INSTALLATION INSTRUCTIONS
·ALL WORK SHALL COMPLY WITH THE CODES AND JURISDICTIONS LISTED IN "DESIGN CODES AND REFERENCES"
·ALL ELECTRICAL EQUIPMENT AND MATERIAL TO BE LISTED, LABELED, AND INSTALLED PER THE NEC, THE INSTALLATION
STANDARDS/MANUFACTURER'S RECOMMENDATIONS AND, IF REQUIRED, A RECOGNIZED ELECTRICAL TESTING LABORATORY
·CONDUIT EXPOSED TO SUNLIGHT ON ROOF SHALL BE LOCATED NOT LESS THAN 78" ABOVE THE ROOF SURFACE
DESIGN CODES AND REFERENCES
AHJ CITY OF BOZEMAN
UTILITY NWE
METER NUMBER 2000254334
ELECTRICAL CODE 2020 NEC
FIRE CODE 2021 IFC
BUILDING CODE 2021 IBC
ASCE YEAR ASCE/SEI 7-16
EXISTING BUILDING CODE 2021 IEBC
SITE SPECIFIC INFORMATION
WIND EXPOSURE CAT.C
OCCUPANCY RISK CAT.II
MIN. AMBIENT TEMP.-33°C
MAX. AMBIENT TEMP.32 °C
LOCATION WIND SPEED 107 mph
GROUND SNOW LOAD 40 psf
LOCATION SDS, SDC 0.566, D
CITY OF BOZEMAN DESIGN CRITERIA
MAX DISTRIBUTED
LOAD 3 PSF
SNOW LOAD 46 PSF
WIND SPEED 115 mph
SEISMIC DESIGN
CATEGORY D0
PLANS EXAMINER NOTES:
·ALL EQUIPMENT WILL BE 3FT AWAY FROM THE GAS METER
·PROPERTY BOUNDARY MINIMUM 5' FROM STRUCTURE
·ALL EQUIPMENT WILL BE INSTALLED IN COMPLIANCE WITH THE
APPLICABLE CODE AND MANUFACTURERS' SPECIFICATIONS
·WHEN SITE SPECIFIC AND AHJ DESIGN CRITERIA DO NOT MATCH,
THE MORE CONSERVATIVE VALUE SHALL BE USED FOR ALL
CALCULATIONS
·LEGAL DESCRIPTION:
S07, T02 S, R06 E, TR IN SE4 BEING PT OF ROUSE'S 1ST & 2ND ADD,
PT OF ELECTRIC HTS ADD, POR OF STREETS/ALLEYS, AND METES &
BOUNDS TRACTS
Racking: U-Anchor U2400-TPO with IronRidge Aire A2 Rail System
Attachment Type Deck
Attached Max Attachment Spacing 5'-5"
Mid Clamp Torque 144 in-lbs Minimum lag embedment Future Engineering
Max Cantilever 2'-0"Specified Attachment Span Future Engineering
Attachment Quantity Future Engineering Module Orientation Portrait
Module: Silfab-SIL-440-QD
Power Output (W)440 Temperature Coeff. PMPP (%/°C)-0.290
Nominal Power Voltage (V)33.41 Temperature Coeff. VOC (%/°C)-0.240
Nominal Power Current (A)13.17 Max System Voltage (V)1000
Open Circuit Voltage (V)38.97 Max Series Fuse Rating (A)25
Short Circuit Current (A)14.22 Connector Type MC4
Dimensions (in.)67.8 x 44.6 Weight (lbs)46.30
Optimal Clamping Zone
Landscape 7.87" to 9.84"Design Load in Zone (Pa)+1600/-1600
Optimal Clamping Zone Portrait 10.85" to 13.80"Design Load in Zone (Pa)+3600/-2667
Secondary Clamping Zone Portrait 5.93" to 10.85"Design Load in Zone (Pa)+2667/-2400
VICINITY MAP
Company Contact Info
Location
Project
Customer City of Bozeman
Bozeman Public Library
626 E Main St
Bozeman
MT 59715
Company Address:
Company Phone:
1515 N ROUSE AVE
BOZEMAN, MT 59715
(406) 551-6135
Company Name:ONSITE ENERGY, INC.
Engineering Stamp Sheet Name
Sheet Title
PV E1.1
Checked By
Project Manager
Project Manager Phone
406-296-4045 ----
Status
Revision
Drawn By
Rev Revision Notes Date Drawn By
A SITE PLAN AND 1-LINE 7/16/2025 DK
B QC REVIEW 7/18/2025 DK
C STRUCTURAL COMMENT 7/24/2025 DK
D LAYOUT CHANGE 8/15/2025 DK
James Goodwin
Electrical Lic. #:ELE-UCO-LIC-36713
D
<50% design
David Kirk
BASIS OF DESIGN
Module-Level Rapid Shutdown Device: AP Smart
APSM-RSD-S-PLC
Input Operating Range 8-80 Output Operating Range (V)8-80
Max Input Current (A)15 Max System Voltage (V)1000
Communication PLC Max Output Current (A)32
Inverter: Solectria PVI-25TL-480
Number of MPPTs 2 Nominal AC Voltage 480
Strings per MPPT 3 Max PV Power (kW)37.5
Max SSC(Module Isc x 1.125) / MPPT 45 Max Power Output (kW)25
Maximum Input Voltage (V)1000 Max Output Current (A)30
Attachment C: Basis of Design and Site Plan
A
Company Contact Info
Location
Project
Customer City of Bozeman
Bozeman Public Library
626 E Main St
Bozeman
MT 59715
Company Address:
Company Phone:
1515 N ROUSE AVE
BOZEMAN, MT 59715
(406) 551-6135
Company Name:ONSITE ENERGY, INC.
Engineering Stamp Sheet Name
Sheet Title
PV E1.2
Checked By
Project Manager
Project Manager Phone
406-296-4045 ----
Status
Revision
Drawn By
Rev Revision Notes Date Drawn By
A SITE PLAN AND 1-LINE 7/16/2025 DK
B QC REVIEW 7/18/2025 DK
C STRUCTURAL COMMENT 7/24/2025 DK
D LAYOUT CHANGE 8/15/2025 DK
James Goodwin
Electrical Lic. #:ELE-UCO-LIC-36713
D
<50% design
David Kirk
DRAWING SCALE: 3/128" = 1'-0"
MODULE AZIMUTH: 180°
EXISTING STRUCTURE
ROOF ACCESS HATCH
4 FT SETBACK AROUND
PERIMETER OF ROOF
1208.3.1 EXCEPTION
UTILITY SERVICE CT CABINET
480 VAC 3ɸ WYE
(EXISTING)
PV AC FUSIBLE DISCONNECT
200 A RATED, 240 VAC
[150 A CLASS K FUSES]
(EXISTING)
ARRAY B - 440 W MODULES
QTY 84
(NEW)
BASIS OF DESIGN: SITE PLAN
ARRAY A - 190 W MODULES
QTY 88
(EXISTING)
~220 FT DC 2" EMT CONDUIT
MECHANICALLY ATTACHED TO ROOF WITH
SAME COB APPROVED ATTACHMENTS
AS ARRAY RACKING
(NEW)
NEW PENETRATION NEAR EXISTING
DC CONDUIT THROUGH CHASE TO BASEMENT
EXISTING SKYLIGHTS
Company Contact Info
Location
Project
Customer City of Bozeman
Bozeman Public Library
626 E Main St
Bozeman
MT 59715
Company Address:
Company Phone:
1515 N ROUSE AVE
BOZEMAN, MT 59715
(406) 551-6135
Company Name:ONSITE ENERGY, INC.
Engineering Stamp Sheet Name
Sheet Title
PV E2.1
Checked By
Project Manager
Project Manager Phone
406-296-4045 ----
Status
Revision
Drawn By
Rev Revision Notes Date Drawn By
A SITE PLAN AND 1-LINE 7/16/2025 DK
B QC REVIEW 7/18/2025 DK
C STRUCTURAL COMMENT 7/24/2025 DK
D LAYOUT CHANGE 8/15/2025 DK
James Goodwin
Electrical Lic. #:ELE-UCO-LIC-36713
D
<50% design
David Kirk
PV SYSTEM EQUIPMENT SCHEDULE
A(1-84). PV MODULES (SILFAB 440 QD)
B(1-84). RAPID SHUTDOWN DEVIDES (AP SMART RSD-S-PLC)
C. JUNCTION BOX, ROOFTOP, 1000 VDC RATED MIN.
D. SOLECTRIA PVI-25TL-480
·30.5 A RATED, 480/277 VAC 3ɸ
·25 kW AC OUTPUT
·INTEGRATED AC & DC DISCONNECTS
E. AC COMBINER PANEL
·225 A RATED, 480/277 VAC 3ɸ
·150 A MAIN BREAKER
·EXISTING
F. PV AC DISCONNECT, NON-FUSIBLE, 200 A, 480/277 VAC 3ɸ
·EXTERNAL, LOCKABLE, VISIBLE LOAD BREAK
·WITHIN 10 FT OF METER
·EXISTING
G. EXISTING MAIN DISTRIBUTION PANEL (MDP-1)
·800 A RATED BUS BAR, 800 A MAIN BREAKER
H. EXISTING UTILITY CT CABINET
I. EXISTING UTILITY CT METER
NOTES:
1.PV AC DISCONNECT "F" SHALL BE EXTERNAL, LOCKABLE, VISIBLE LOAD BREAK
2.PV AC DISCONNECT "F" SHALL BE WITHIN 10 FT OF THE METER
·INTERCONNECTION TYPE: 705.12 (B) (3) (2)
CALCULATION:
(120% X 800A) - 800 A = 160 A CAPACITY > 150 A
INTENDED BACK FEED BREAKER
·THIS INTERCONNECTION WILL REQUIRE RELOCATING
THE BACK FEED BREAKER IN "G" TO THE OPPOSITE
END OF THE BUS BAR FROM THE MAIN 800 A OCPD.
THE 1-LINE SHOWS THE BACK FEED BREAKER IN THE
EXISTING POSITION.
CT CABLE
GROUND
CONDUIT ID
CIRCUIT ID
(QTY) CONDUCTOR SIZE AND TYPE
(QTY) CONDUIT SIZE AND TYPE
KEY
ELECTRICAL: LINE DIAGRAM
ARRAY A
DC 1
EXISTING INTER-ARRAY WIRING
600 V RATED
AC 1.1
(4) 8 AWG THWN-2 CU
(1) 10 AWG THWN-2 CU EGC
(1) 3/4" EMT
EXISTING
AC 2.1
(4) 1 AWG THWN-2 CU
(1) 6 AWG THWN-2 CU EGC
(1) 1-1/4" EMT
EXISTING
G
AC 2.2
(SEE AC 2.1)
EXISTING
TO UTILITY
ROOFTOP BASEMENT LOADING DOCK EXTERIOR
40A
40A
150A
800A
F
KYOCERA: KC190GT
88
C
M
I
xA
xA
150A
xA
xA
xA
xA
xA
xA
xA H
E
LOADING DOCK
EXTERIOR
BASEMENT
PVI 23 TL-480
A(1-84) & B(1-84)
84
ARRAY B
DC DISCONECTS
DC 2
(10) 10 AWG THWN-2 CU
(3) 10 AWG THWN-2 CU EGC
(1) 2" EMT
EXISTING
D
EXISTING SERVICE FEEDERS
DC 3
(8) 10 AWG PV CABLE CU
(1) 6 AWG BARE CU EGC
"FREE AIR"
NEW
DC 4
(8) 10 AWG PV CABLE CU
(1) 10 AWG PV CABLE CU EGC
(1) 2" EMT
NEW
AC 1.2
(SEE AC 1.1)
NEW
Attachment D: Two Years of Electricity Usage
Usage Month Bill Date Service Start Service End Usage (kWh)Demand (kW)Electricity Charge
08/01/2025 09/09/2025 08/05/2025 09/04/2025 39,600 164 3,179.84$
07/01/2025 08/08/2025 07/07/2025 08/05/2025 40,560 159.76 3,256.93$
06/01/2025 07/10/2025 06/04/2025 07/07/2025 40,800 140.8 2,950.83$
05/01/2025 06/09/2025 05/05/2025 06/04/2025 33,360 115.6 2,269.78$
04/01/2025 05/08/2025 04/03/2025 05/05/2025 29,920 78.96 1,988.42$
03/01/2025 04/08/2025 03/05/2025 04/03/2025 29,920 73.44 1,887.80$
02/01/2025 03/10/2025 02/04/2025 03/05/2025 31,600 77.44 1,981.55$
01/01/2025 02/07/2025 01/03/2025 02/04/2025 36,480 81.2 2,287.55$
12/01/2024 01/09/2025 12/03/2024 01/03/2025 35,280 81.36 2,187.89$
11/01/2024 12/06/2024 11/01/2024 12/03/2024 32,880 73.04 2,361.30$
10/01/2024 11/07/2024 10/03/2024 11/01/2024 30,480 118 2,220.07$
09/01/2024 10/08/2024 09/04/2024 10/03/2024 34,240 129.12 2,747.26$
08/01/2024 09/10/2024 08/05/2024 09/04/2024 39,520 149.76 3,204.64$
07/01/2024 08/09/2024 07/03/2024 08/05/2024 54,320 183.92 4,404.75$
06/01/2024 07/09/2024 06/04/2024 07/03/2024 42,880 163.76 3,572.52$
05/01/2024 06/10/2024 05/03/2024 06/04/2024 37,920 129.04 3,169.01$
04/01/2024 05/08/2024 04/03/2024 05/03/2024 34,240 141.36 2,861.48$
03/01/2024 04/08/2024 03/05/2024 04/03/2024 32,640 127.68 2,465.39$
02/01/2024 03/08/2024 02/02/2024 03/05/2024 38,080 84.24 2,840.96$
01/01/2024 02/08/2024 01/03/2024 02/02/2024 38,880 87.04 2,900.64$
12/01/2023 01/09/2024 12/04/2023 01/03/2024 38,080 98.08 2,879.85$
11/01/2023 12/08/2023 11/02/2023 12/04/2023 35,760 97.04 2,708.46$
10/01/2023 11/08/2023 10/04/2023 11/02/2023 40,400 127.36 2,940.62$
09/01/2023 10/09/2023 09/05/2023 10/04/2023 44,640 133.44 3,470.15$