HomeMy WebLinkAboutBOZEMAN POND PARK EXPANSION RFP - D AND E (2)
Request for Proposals
for
PROFESSIONAL SERVICES
for
DESIGN AND ENGINEERING
of
Bozeman Ponds Expansion Project
Bozeman Parks Department TOP Bond
Proposals must be received no later than:
Friday, October 24, 2014 @ 5:00 pm
Deliver proposal to:
Stacy Ulmen, City Clerk
PO Box 1230
121 North Rouse Ave
Suite 202
Bozeman, MT 59771
NOTICE IS HEREBY given that the City of Bozeman is requesting proposals from qualified
consultants for the following tasks (including, but not limited to):
1. Site topographic survey
2. Final design and site plan approval
3. Engineering, landscape architecture, and construction document preparation
4. Bidding assistance
5. Construction supervision
6. General project management in cooperation with the City of Bozeman
All proposals must be in the format specified, enclosed in a sealed envelope and clearly
identified with RFP title, company name and due date.
Please visit www.bozeman.net for more information and scope of the project by selecting
the BID Button on the left, then by choosing the hyperlink to this item.
Deliver proposals via email to the City Clerk’s Office at the following address PO Box 1230.
121 North Rouse Ave, Suite 202 Bozeman, MT 59771 by Friday, October 24, 2014 @
5:00p.m. It is the sole responsibility of the proposing firm to ensure that proposals are
received prior to the closing time as late submittals will not be accepted and will be
returned unopened.
DISCRIMINATION
Discrimination in the performance of any agreement awarded under this RFP on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the
hiring and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender
identity or disability and which also recognizes the eventual contract will contain a provision
prohibiting discrimination as described above and that this prohibition on discrimination shall apply to
the hiring and treatment of the submitting entity’s employees and to all subcontracts.
Failure to comply with the above shall be cause for the City to deem the submittal non-responsive.
The City of Bozeman is required to be an Equal Opportunity Employer
DATED at Bozeman, Montana, this 25th day of September, 2014
Stacy Ulmen, CMC
City Clerk
For publication on: Sunday, September 28, 2014 and Sunday, October 12, 2014
INTRODUCTION
The City of Bozeman is requesting proposals from qualified consultants to provide a
topographic survey, prepare final design and engineering construction documents, and
provide bidding and project management services in cooperation with the City for all park
and right-of-way improvements within the subject property. All work and work products
shall be in compliance with the City of Bozeman Municipal Code, with specific attention to
Chapter 38 - Unified Development Code.
BACKGROUND INFORMATION
On July 16, 2012, Resolution 4386 established the Parks, Trails, and Open Space Bond
improvement program for the purposes of acquiring land and designing and construction
public park and recreational improvements in the City of Bozeman. Bozeman Pond Park is an
existing 16.5-acre community park owned by the State of Montana Fish, Wildlife, and Parks
Department (FWP) and leased, operated, and maintained by the City of Bozeman. The park
is in the city’s fastest growing quadrant (northwest). Existing amenities include: water and
fishing access, picnic facilities, play areas, dog beach, restroom facilities, and a parking lot.
The subject property has previously been used for agricultural purposes and was owned by
the Poor family, who donated the original Bozeman Pond Park property to FWP. The Gallatin
Valley Land Trust was instrumental in acquiring the property for the park’s expansion. A
public input process was held and a conceptual Master Plan was prepared in 2013 for the
nine (9) -acre undeveloped parcel north of the existing park.
PROJECT DESCRIPTION
The Bozeman Pond Park Expansion Project location is along the east edge of Fowler Avenue
north of Laredo Drive and includes Lot 4A (3.430 acres), Lot C1 (5.130 acres), and the Pond
Street right-of-way (1.147 acres) of Minor Subdivision 223 (see Attachment 1 - Plat Map). A
preliminary geotechnical investigation was prepared by TD&H Engineering for the adjacent
lot (Lot 3) to be developed by Haven (see Attachment 2 - Geotechnical Report). Final design
and engineering shall be informed by the existing “Bozeman Pond Park Expansion Master
Plan,” prepared by Dick Pohl, dated June 2014 (see Attachment 3 – Master Plan). The
physical elements of the design shall comply with all applicable city, state, and federal codes,
rules, and regulations.
Proposed improvements for the Bozeman Ponds Park Expansion project include, but are not
limited to, the following:
2.1-acre, fenced-in dog park with shade pavilion and other amenities
1.0-acre open space / lawn area with picnic and restroom facilities
A play area of approximately 4000 SF, which is intended to be a “natural playscape”
with site access and other pertinent features to be coordinated with community
representatives and the city
Accessible paved and gravel fines walking trails
Native grass and landscaped areas
Parking lot with 35 spaces (2 barrier-free)
Stormwater detention basin
SCOPE OF WORK
The project Scope of Work will include, but is not limited to, the following elements:
1. Project Management
a. Coordination of all design and engineering services
b. Coordination of all city reviews and approvals, including Community
Development Department Development Review Committee, Trails,
Open Space and Parks Committee, Recreation and Parks Advisory
Board, City Commission and any others as needed
c. Coordination with partnering organizations and stakeholders, including
Gallatin Valley Land Trust, Run Dog Run, and Haven
d. Construction project management activities, as per below
2. Design and Engineering
a. Topographic survey of subject property (detailed geotech or environmental?)
b. Final site plan as required for city reviews and approvals, to contain all
facilities as represented on the Master Plan
c. Construction documents: plans, details, and specifications for city
review at 60%, 90%, and 100% (final CDs)
d. Detailed (itemized) pre-construction cost estimate
e. Coordination of and documentation for all utility service needs
3. Construction Management
a. Bid period assistance (attendance at pre-bid meeting, responding to bid
questions, and preparation of addenda if needed)
b. Shop drawing and submittal reviews
c. On-site construction supervision, including:
i. Coordination of weekly progress meetings and distribution of
meeting notes
ii. Coordination with other city department, partners, and others
as needed to ensure proper integration of project issues
iii. Preparation of change orders
iv. Review of requests for payment
v. Preparation and review of construction punch list(s)
vi. Project close-out, including Statement of Substantial Completion
and preparation of Drawings of Record per city specifications (to
include one electronic and three hard copies)
vii. Assistance with warranty inspection(s) as needed
PROPOSAL ELEMENTS
Each proposal shall include qualifications and project approach, to include the following:
1. Project Team make-up, including job title and primary role in the project, for the lead
and all sub-consultants (identified as such)
2. Project Team experience with similar public park and infrastructure projects,
identifying the following:
a. Project name and location
b. Project design and engineering and construction costs
c. A brief description of the project
d. The firm’s role and that of each member of the Project Team
e. A project reference and contact information
3. The Project Team’s approach to the project, identifying the following:
a. Key role and key tasks to be assigned to each team member
b. Approximate hours for each assigned task, and total estimated hours to be
billed by each team member
4. Project task schedule by week (assuming award date on Monday, December 1, 2014)
5. Description of Project Team experience working with public sector officials, public
interest groups, and partnering agencies as appropriate
6. Other information pertinent to the successful completion of the project (quality
control, communication strategies, special technologies, etc.)
7. Project Costs including a breakdown of the three major task categories (Project
Management, Design and Engineering, and Construction Management), billable rates
of all team members, subtotal costs for major categories and sub-categories as
delineated in the Scope of Work above, and total proposal cost
SELECTION PROCESS AND EVALUATION CRITIERIA
A selection committee of city personnel and partner agencies will evaluate the proposals
according to the following criteria:
Rating %
1. Project Team experience with similar projects 25%
2. Project Team member qualifications 25%
3. Project approach and task definition 25%
4. Project schedule 10%
5. Cost, quality assurance and other factors 15%
Following the evaluation of proposals, the City will interview up to three of the prospective
teams. Interviews will be 45 minutes in length and are intended to give the teams an
opportunity to present more detailed information regarding their team qualifications and
project approach.
SCHEDULE
Event Date/Time
Issue Date of RFP Sunday, September 28, 2014
Last Day for Questions/Clarifications Wednesday, October 15, 2014
Deadline for Receipt of Proposals Friday, Oct. 24, 2014@ 5PM
Evaluation of Proposals Mon. - Fri., Oct. 27 - 31, 2014
Finalist interviews Mon. – Wed., Nov. 3 - 5, 2014
Contract award and execution December 1, 2014
Project kick-off Week of Dec. 8, 2014
CONTACTS
Any administrative questions regarding bidding procedures should be directed to:
Stacy Ulmen, City Clerk (406) 582-2321; sulmen@bozeman.net. Questions relating to scope of
services and project management may be directed to: Carolyn Poissant, MLA, AICP - Manager
of Trails, Open Space and Park Development for the City of Bozeman Parks Department: office
phone (406)582-2908; email: cpoissant@bozeman.net
LAST DAY FOR QUESTIONS
The last day to submit questions to the Parks Department is Wednesday, Oct. 15, 2014@ 5 pm.
This will allow sufficient time for any addenda to be issued by the City to all bidders. All
questions must be submitted concisely in writing via email to the Parks Department Projects
Manager: cpoissant@bozeman.net
AWARD OF CONTRACT
The City reserves the right to reject any and all proposals, to contract work with whomever
and in whatever manner the City decides, to abandon the work entirely and to waive any
informality or non substantive irregularity as the interest of the City may require and to be
the sole judge of selection process. The City also reserves the right to negotiate separately
in any manner to serve the best interest of the City. The City retains the right at its sole
discretion to select a successful vendor. A copy of the City’s Agreement for Professional
Services is attached.
SELECTION PROCESS
A review committee will evaluate all responses to the RFP that meet the submittal
requirements and deadline. Submittals that do not meet the requirement or deadline will
not be considered. The review committee will rank the proposals and arrange interviews
with the finalist prior to selection.
SELECTION CRITERIA
Proposals will be evaluated based on the following criteria (as delineated above):
Thoroughness and understanding of the tasks to be completed
Background and experience with similar public park and roadway
infrastructure projects
Project team’s overall experience and relevant experience of key
personnel assigned to the work
Time required to accomplish the requested services
Responsiveness to requirements of the project
Cost, quality assurance and other factors
DISCRETION AND LIABILITY WAIVER
The City reserves the right to exercise discretion and apply its judgment with respect to
all proposals submitted.
The City reserves the right to reject all proposals, either in part or in its entirety, or to
requests and obtain, from one or more of the consulting firms submitting proposals,
supplementary information as may be necessary for City staff to analyze the proposals.
The City may elect to award a contract in multiple phases, as is deemed to be in the City’s
best interest. Should the City award projects in phases, the City reserves the right to award
the phases to the same firm.
The consultant, by submitting a response to this RFP, waives all right to protest or seek any
legal remedies whatsoever regarding any aspect of this RFP. Although, it is the City’s intent
to choose only a small number of most qualified consulting teams to interview with the
City, the City reserves the right to choose any number of qualified finalists.
This RFP does not commit the City to award a contract, to defray any costs incurred in
the preparation of a proposal pursuant to this RFP or to procure or contract for work.
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.
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 the RFP, all interested firms will be notified using email.
MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL
I. Submission Requirements and Instructions
All bidder requirements in this section are mandatory. The City reserves the right
to waive any non-material variation.
a) Submit one (1) original proposal package AND four (4) complete copies for each
proposal, under sealed envelope, by mail or hand-delivery to the address shown on
the announcement by the Deadline for Receipt of Proposals. Each submission
must be marked on the outside with the Company’s name and the name of the
project. Postmarks are NOT acceptable.
Any proposal received after the schedule closing time for receipt of proposals
will be returned to the bidder unopened.
b) Proposals and required attachments shall be submitted as specified and must
be signed by officials authorized to bind the bidder to the provisions.
II. Proposal Outline and Content
Assemble and submit each proposal in the order below and address the required
content/questions. The order in which items are presented is important, as
proposal evaluators will follow this order:
a) Table of Contents
b) Cover Sheet. This sheet will serve as the cover of your proposal.
c) One-Page Project Summary. Begin with a brief summary of the proposal. This
summary should concisely describe the project, its goals, and the proposed plan of
implementation.
d) Company Description/Capability (not to exceed 3 pages)
Brief history of the company that includes the date of establishment and
examples of relevant prior RFP/bids and current customers of similar attributes
to the City of Bozeman.
Describe your experience and capacity to manage projects of the size and scope
proposed.
e) Informational content
A list of project team and their professional profile/credentials/experience.
Specific assignment of project team
Approximate number of hours assigned to each member and hourly rate
f) References (minimum 3) specifically in local/municipal/county/state agencies
a) Name of agency
b) Contact name to include: title, phone number and email
c) Population of jurisdiction
d) Project start and completion date
e) Brief summary of project
g) Cost
Present a specific “not to exceed” fixed fee, including associated fees
(i.e. printing costs, attendance at meetings, travel). A requested payment
schedule should accompany the work schedule.
h) Outline of Services (refer to Scope of Work)
The City reserves the right to require the submittal of additional information that
supplements or explains proposal materials.
*THIS DOCUMENT MUST BE COMPLETED, EXECUTED AND SUBMITTED WITH THE PROPOSAL
FORM*
THE REPRESENTATIVES MADE HEREIN ARE MADE UNDER PENALTY OF
PERJURY
NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY
AUTHORIZED AGENT FOR YOUR COMPANY.
SUBMITTED BY:
COMPANY NAME:
ADDRESS:
CITY: STATE: ZIP: _
TELEPHONE:
EMAIL:
SIGNATURE:
(Authorized Agent)
NAME:
(Please Print)
TITLE:
DATE:
NOTE: If proposer is a corporation, the legal name of the corporation shall be set forth above,
together with the signature of authorized officers or agents; if bidder is a partnership, the
true name of the firm shall be set forth above, together with the signature of the
partnership; and if bidder is an individual, his signature shall be placed above.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2014, 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.”
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 Attachment “A” and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
[and will terminate on the _____ day of ______________, 201_].
3. Scope of Work: 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.
4. Payment: City agrees to pay Contractor the amount specified in a Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services.
The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said 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, 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, 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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
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 an 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; or (iii) the negligent, reckless, or intentional misconduct of any other third
party.
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.
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 indemnities’ which would otherwise exist as to such indemnities’.
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 indemnity 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 indemnity 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 indemnity 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.
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
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; $2,000,000 annual
aggregate; and
Professional Liability - $1,000,000 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 sixty (60) 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 and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement 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 13, 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 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of the
termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby
expressly waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within 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:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ (insert job title) 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 James Goehrung as 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 listed above
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.
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: 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. The Contractor shall require these nondiscrimination terms of its sub-
Contractors 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 his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of 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.
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 to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Statement of Non-discrimination – Attachment B
Each entity shall include a provision requiring submitting entity to affirm in writing it will not discriminate
on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or
perceived sexual orientation, gender identity or disability and recognizing the eventual contract will contain
a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply
to the hiring and treatment or proposer’s employees and to all subcontracts.
(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 recognizing the eventual
contract will contain a provision prohibiting discrimination as described above and this prohibition on
discrimination shall apply to the hiring and treatment or bidder’s employees and to all subcontracts.
Name and title of person authorized to sign on behalf of submitter
ATTACHMENT 1 - PLAT MAP
ATTACHMENT 2 - GEOTECHNICAL REPORT
ATTACHMENT 3 - MASTER PLAN