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HomeMy WebLinkAboutExtension FINAL RFP Master for Hyalite Purchases REQUEST FOR SEALED PROPOSALS for Purchase and Transfer of Shares in Middle Creek Water Users’ Association to the City of Bozeman SEALED PROPOSALS DUE 5:00 P.M. Mountain Time December 5, 2014 Notice Date November 17, 2014 2 1.0 Introduction The City of Bozeman (the City) is a municipal corporation owning and operating a public water supply and distribution system serving roughly 40,000 residents, hundreds of businesses and institutions, and numerous visitors and area employees who work in, but do not live within city limits. The City’s current water facility plan forecasts continued population growth resulting in increased demands upon current water supply sources. These sources are Hyalite Reservoir, Hyalite Creek, Sourdough Creek and Lyman Creek. 2.0 Purpose The purpose of this Request for Proposals (RFP) is to seek from interested parties sealed proposals for the transfer to the City of shares of or future interests in the Middle Creek Water Users’ Association (“Association”) for the privilege of obtaining certain water from the Department of Natural Resources and Conservation (“DNRC”) Middle Creek Project (“Project”). The goal of this RFP is to increase the available firm yield of the City’s water rights portfolio by purchasing Association shares in Project water. Based on recent growth in demand for City services and consistent with its adopted Integrated Water Resources Plan, the City proposes to purchase twenty-five (25) shares in fiscal year 2015, depending upon price. Upon receipt of proposals the City may select one or more respondents for proceeding into a negotiation and transaction phase wherein the City and selected respondents may negotiate a purchase and sale agreement for the transfer of Association shares, or future interests, to the City. 3.0 Submittal Instructions/Inquiries Sealed proposals for this RFP action will be received in person by the City Clerk at Suite 202 of Bozeman City Hall, 121 N. Rouse Ave., or by mail at Bozeman City Clerk, PO Box 1230, Bozeman, MT 59771-1230 until 5:00 p.m., local time, December 5, 2014. The proposals will be privately opened and evaluated by the City. The face of the sealed envelope submitted to the City Clerk shall read: Purchase and Transfer of Shares in Middle Creek Water Association Shares to the City of Bozeman Although proposals selected by the City will be subject to further negotiation, no proposal may be withdrawn for sixty (60) days after the scheduled submittal deadline, which is 5:00 p.m., local time, December 5, 2014. The sealed proposal shall be limited to shares in the Association. The sealed proposal shall be prepared in a neat and orderly fashion. 3 The contact person for inquiries regarding this RFP shall be Brian Heaston, Assistant City Engineer. Inquiries shall be written and sent via email to bheaston@bozeman.net. 4.0 Proposal Requirements/Costs Proposals for the sale of Association shares for use of Project water shall include the following information at a minimum and contain a written narrative that describes the timing and terms of the proposal to sell shares:  Volume increments of no less than five (5) acre feet;  Copies of share certificates issued by the Middle Creek Water Users Association;  Proposed sale price per acre foot;  Total transaction price; and  Other terms, as appropriate. During the negotiation and transaction phase, the City may require additional information from selected respondents. Any costs incurred by respondents in preparation of a response to this RFP or in negotiation, transaction and transfer of shares, interests, or rights are solely the responsibility of the respondents. 5.0 Evaluation Process/Due Diligence The City will notify respondents within sixty (60) days of the proposal due date if they have been selected to move into the negotiation and transaction phase. 6.0 Confidentiality and Disclosure of Information Upon completion of negotiations or a determination that no proposals will be pursued, one copy of each submitted proposal shall be retained for the official files of the City and will be considered a public record. In addition, each respondent agrees the City shall not be liable for disclosures of confidential information if disclosure of such information is required by law. 7.0. Reservation of Rights The issuance of this RFP and the receipt of proposals by the City shall not constitute an agreement or representation by the City that a contract for the purchase of shares, future interests, or water rights will actually be entered into by the City. 4 The City reserves the right to issue written notice of changes to the submittal process should the City determines in its sole and absolute discretion that such changes are necessary or desirable. In addition and notwithstanding any other provision of this RFP, the City reserves the right to: a. Waive any immaterial defect or informality in a submittal; b. Extend or otherwise revise the submittal date; c. Reject any or all submissions or portions thereof; d. Select proposals that are in the best interest of the City considering price, nature of the interests, and other factors; e. Negotiate terms and conditions of eventual sale; f. Reissue a new or revised RFP; and g. Request additional information from one or more respondents. 8.0 No Partnership/Business Organization Nothing in this RFP or in any subsequent agreement, or any other contract entered into as a result of this RFP, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the City or the respondent. 9.0 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. 5 10.0 Property Rights/Disclosure of Information All materials submitted in response to this RFP and submittals subsequent thereto, shall become the property of the City upon delivery. 11.0 Submittal Rejection/Right to Disqualify Submittal of terms, condition and/or agreements may result in rejection if such terms, conditions, or agreements are deemed unacceptable by the City in its sole discretion. The City reserves the right to disqualify any team who fails to provide information or data specifically requested herein or who provides materially inaccurate or misleading information or data or who attempts to influence the selection process outside the procedures established herein. The City reserves the right to disqualify any team on the basis of any real or apparent conflict of interest. This disqualification is at the sole discretion of the City. 12.0 Discrimination. 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. 13.0 Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator James Goehrung at 582-3200 (voice) or 582-2301/582-2432 (TDD). 14.0 Governing Law. This RFP and any disputes arising hereunder or under any future agreement for the sale and purchase of shares, interests, or rights shall be governed hereafter and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. 6 15.0 Miscellaneous. No conversations or agreements with any officer, employee, or agent of the City shall affect or modify any term of this RFP. Oral communications or any written/email communication between any person and the designated contact City staff shall not be considered binding.