Town of West Yellowstone

Town of West Yellowstone Engineering Services Request for Qualifications I. INTRODUCTION AND PURPOSE OF REQUEST The Town of West Yellowstone located in Gallatin County, hereinafter referred to as the Town, is soliciting Statement of Qualifications from engineering firms, hereinafter referred to as the Firm or Town Engineer, which have five (5) years or more of comprehensive experience in providing engineering services as outlined in the SCOPE OF SERVICES section of this request. On an on-going basis and as subject to contract renewal terms as defined by the Town, the Town intends to have the Town Engineer review proposed commercial and residential development plans in order to determine compliance with applicable laws and ordinances implemented or adopted by the Town, and also to function as a consultant to the Town in development matters. The Town further intends to have the Town Engineer design and/or monitor the construction of municipal projects, including roadway/street, water, sewer, storm water, and drainage as well as a variety of other projects. The services requested will require the Firm to be licensed to practice engineering in the State of Montana and must also employ Professional Engineers licensed in the State of Montana. The Town reserves the right to select an engineer other than the designated Town Engineer on a specific project basis as determined by Town Council and the Town Manager. II. GENERAL INFORMATION The Town of West Yellowstone is a small community of almost 1,500 people and covering approximately one square mile. During the summer months due tourists visiting Yellowstone National Park, the population of Town approaches 10,000. The Town Council appoints the Town Manager to serve as the Chief Administrative Officer. The Town Manager is responsible for the day-to-day operation of the Town, including oversight of contracts and contracted staff. III. SCOPE OF SERVICES West Yellowstone is searching for a firm that will provide professional contracted services for engineering. The Town Engineer will not be an employee of the Town for any purpose, including but not limited to the application of the Social Security Act, the Fair labor Standards Act, the Federal Insurance Contribution Act and the Montana Unemployment Compensation Act. The general work elements are outlined below: A. Plan Review Services: The selected consulting Town Engineer will provide technical review of, and answer inquiries relating to, site plans, subdivision plans, improvement plans, land disturbance

plans, and construction plans relating to projects proposed by applicants to be developed in the Town to ensure conformance to codes adopted by the Town as well as federal and state laws. B. Town Project Design Services: The selected consulting Town Engineer must have the capability to design a full array of public works type projects including transportation infrastructure systems, water and sewer systems, and stormwater management programs, in a manner that is functional and cost effective. The selected consulting Town Engineer must be able to provide structural/engineering guidance and any necessary design work for municipal projects. C. Environmental Services and Regulatory Agency Interactions: The selected consulting Town Engineer shall be well-versed in regulatory compliance and permitting and be familiar with approval procedures of regulatory agencies including but not limited to the following: Department of Transportation, Department of Environmental Quality, Department of Natural Resources and Conservation. D. Grant Assistance: The selected consulting Town Engineer shall, as requested, complete or assist in the completion of grant applications for Town projects. E. Surveying, Easements and Related Services: The selected consulting Town Engineer shall have the capability of performing or subcontracting boundary surveys, topographic surveys, construction staking, prepare easement plans and easement documents, and assist in easement acquisition. F. CAD and GIS Capabilities: The selected consulting Town Engineer shall have computer-aided drafting and geographical information system capabilities upon request. G. Meeting Attendance and Participation: The Town Engineer may be expected to attend a variety of meetings in West Yellowstone, including, but not limited to, planning and zoning meetings, council meetings, meeting of affected property owners and meetings with Town staff and developers. H. Work Product: The selected consulting Town Engineer will be expected to provide the Town with copies of all work products without limitation, which shall include reports, analyses, correspondence, plans, proposals, submittals, schematics, exhibits, drawings and any other documents produced in connection with the consulting relationship with the Town in printed form, as well as in electronic form to include portable document format and the root files(s). I. Assignment of Professional Engineer: The selected consulting Town Engineer shall assign to the Town a minimum of one (1) staff person who is a professional engineer. J. Responsiveness: The selected consulting Town Engineer must commit to provide services to the Town in a timely manner, without unreasonable delays. K. Proximity: The selected consulting Town Engineer must be located within reasonable proximity to the Town of West Yellowstone to ensure meeting attendance, meeting coordination and the conveyance of documents when sent via courier.

L. Must be able to utilize technology to tele-conference and video conference on projects with Town Council, Town staff, and other related parties. IV. SUBMISSION OF STATEMENT OF QUALIFICATIONS (SOQ) A. All proposals shall be submitted to and all other correspondence shall be directed to: Daniel Sabolsky, Town Manager Phone: (406) 646-7795 Email: dsabolsky@townofwestyellowstone.com B. All proposals must be received no later than 4 p.m. MST on Friday, November 9, 2018 for full consideration. Please email your Firm s complete RFQ, in a single PDF file, to dsabolsky@townofwestyellowstone.com. C. Inquiries and Interpretations Responses to inquiries which directly affect an interpretation or change to this RFQ will be issued in writing by the Town staff as an addendum and emailed to all parties recorded by the Town as having received a copy of the RFQ. All such addenda issued by the Town prior to the time that proposals are received shall be considered part of the RFQ, and the Respondent shall be required to consider and acknowledge receipt of each addendum in its Qualifications. Only those inquiries the Town replies to by addenda shall be binding. Oral and other interpretations or clarifications will be without legal effect. D. Point of Contact Respondents shall restrict all contact and questions regarding this RFQ to the individual named below. Questions concerning terms and conditions and technical specifications shall be directed in via email to: Daniel Sabolsky, Town Manager Email: dsabolsky@townofwestyellowstone.com Respondents or their agents are prohibited from lobbying members of the West Yellowstone Town Council members or its staff or consultants on this project. Failure to comply with this clause shall be grounds for rejection of their RFQ as non-responsive. E. Firms are prohibited from contacting any Town employee (other than the Town Manager), the Mayor, or any Town Council representative for the purpose of lobbying to secure this agreement. All requests for information shall be made to the Town Manager. V. STATEMENT OF QUALIFICATIONS (SOQ) REQUIREMENTS The ideal firm should have extensive experience in municipal engineering as detailed in the Scope of Services. The qualifications and commitment of the key personnel assigned to this community is critically important in the selection of a firm. Please provide the following in your proposal: A. Cover letter and introduction including the name, phone number and email address of the person(s) authorized to represent the company regarding all matters related to the proposal.

B. A description of the Firm, including brief history, number of employees and their disciplines, philosophy regarding client and customer service, location, years in business, biographies of principals, biography of the individual who will be assigned as primary representative to the Town, etc. C. A statement indicating how the candidate envisions being able to provide services to the Town and a demonstrated understanding of the high expectations of the Town and its residents. D. A statement detailing how the firm and its staff are qualified to complete tasks related to the Scope of Services. E. An organizational chart identifying team members and their areas of responsibility. A description of the history of the firm and description of the personnel in the regional office. F. The names and resumes of the professional staff who will be assigned to the Town of West Yellowstone with a statement committing the aforementioned staff to Town. G. Listing of current and relevant projects. H. List of current municipal and related clients for engineering services. I. Information regarding the Firm s current and projected workload and its ability to meet project schedules and be available for consultation with Town staff. J. Five references (past or current clients). Firms shall provide contact information for at least five municipal client references specifying entity name, address, services provided, contact person, email address, and telephone number. K. Firms shall also describe any contracts for services awarded to your firm that have been canceled or terminated for unsatisfactory performance in any respect and a phone number and contact person for that organization. Please also provide a description of any legal proceedings involving your firm related any municipal client or municipal projects that were unresolved or active January 1, 2010, to present. VI. EVALUATION AND SELECTION A. Qualification-Based Selection Process Professional services are procured in accordance with State and local laws. Selection of the most highly qualified respondent will be made on the basis of demonstrated competence and qualifications submitted in response to this RFQ. The Town Manager, with the assistance of the Town staff, will evaluate qualifications based on requirements described in Section V. All qualifications will be evaluated with the highest qualified respondents being selected to attend a formal interview with Town Council. The interview will allow the invited respondents to further discuss their qualifications with Town Council and staff and to respond to questions. The Town Manager shall make a recommendation to Town Council

in a regular public meeting. The Town reserves the right to reject any or all proposals, and is not bound to accept the lowest cost proposal if that proposal is contrary to the best interest of the Town. B. Selection of the firms to be interviewed shall be based on the following criteria: 1. Firm s Ability. The ability of the Firm to provide quality municipal engineering services at a reasonable cost. 2. Firm s Experience. The Firm s experience with and expertise in municipal engineering services as listed in the Scope of Services. 3. Primary Experience. The experience and qualifications of the Firm s staff that will have primary contact with Town staff. 4. Timeliness. The Firm s commitment to delivering work on time and within budget. 5. Avoidance. The Firm s demonstrated avoidance of personal or organizational conflicts of interest regarding any matters of litigation or otherwise. 6. Commitment. The extent of involvement by the Firm s key qualified personnel and the likelihood that key personnel will develop a long term and intimate knowledge of the Town s infrastructure. 7. References. The extent to which previous clients have found the Firm s services acceptable. 8. Location. Geographical location in relation to the Town. 9. Familiarity and experience with Federal, State, and County agencies. VII. PROPOSED AWARD SCHEDULE The Town anticipates awarding the contract before the end of 2018. VIII. RESERVATION OF RIGHTS AND CONTRACT REQUIREMENTS A. The Town reserves the right to select one or no Firm in response to this RFQ B. The Firm, if selected, will be the firm whose SOQ is deemed most advantageous to the Town as determined by Town Council. C. The Town will require the selected Firm to execute a contract, in a form substantially similar to the Attached in Exhibit A, to be negotiated with the Town, no more than fourteen (14) calendar days after the Town gives notice of award. Contract documents are not binding on the Town until reviewed by legal counsel. In the event the parties cannot negotiate and execute a contract within the time specified, the Town reserves the right to terminate negotiations with the selected Firm and commence negotiations with another Firm.

D. This RFQ does not commit the Town to enter into a Contract, or award any services related to this RFQ. E. Independent Contractor: Firm agrees and understands that, if selected, it and all persons designated by it to provide services in connection with a contract is and shall be deemed to be an independent contractor(s), responsible for its respective acts or omissions, and that the Town shall in no way be responsible for Firm s actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that it has such authority. F. Insurance By signing and submitting a proposal under this solicitation, the Firm certifies that if awarded the contract, it will have the following insurance coverages at the time the work commences: Insurance Coverage at least in the following amounts is required: 1. Commercial General Liability $ 750,000 per occurrence (bodily injury and property damage) $1,000,000 aggregate 2. Products and Completed Operations $1,000,000 3. Automobile Liability $1,500,000 combined single limit 4. Workers Compensation Not less than statutory limits 5. Employers Liability $1,000,000 6. Professional Liability (E&O) $1,000,000 per occurrence (only if applicable) $2,000,000 aggregate The Town is to be named as additional insured on the Comprehensive General Liability and Automobile Liability policies and this is to be so noted on applicable Certificates of Insurance. The Certificates shall be delivered to the Town prior to the commencement of work.

EXHIBIT A ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of, 2015, by and between the TOWN OF WEST YELLOWSTONE, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, P.O. Box 1570, West Yellowstone, Montana 59758, hereinafter referred to as Town, and, hereinafter referred to as Engineer. 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: Town agrees to hire Engineer as an independent contractor to perform engineering services as requested by the Town. This Agreement is not exclusive and is not intended to in any way limit the ability of the Town to employ other engineers as needed. 2. Term of Agreement: This Agreement is effective, 2015, through, 20. Both parties reserve the right to cancel this Agreement by providing a written thirty (30) day notice to the other party. 3. Scope of Work: Engineer will perform the work and provide the services in accordance with the requirements of the Town. 4. Payment: Town agrees to pay Engineer pursuant to the schedule of fees and costs attached hereto as Exhibit A. Exhibit A may be amended from time to time upon written agreement by the parties. The parties must agree to any extra charges in writing. 5. Independent Contractor Status: The parties agree that Engineer is an independent contractor for purposes of this Agreement and is not to be considered an employee of the Town for any purpose. Engineer is not subject to the terms and provisions of the Town s personnel policies handbook and may not be considered a Town employee for workers compensation or any other purpose. Engineer is not authorized to represent the Town or otherwise bind the Town in any dealings between Engineer and any third parties unless specifically authorized in writing to do so. Engineer 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. Engineer shall maintain workers compensation coverage for all members and employees of Engineer s business, except for those members who are exempted by law. Engineer shall furnish the Town with copies showing one of the following: (1) a binder for workers compensation coverage by an insurer licensed and authorized to provide workers Town Engineer Agreement DRAFT 9/11/15 1

EXHIBIT A compensation insurance in the State of Montana; or (2) proof of exemption from workers compensation granted by law for independent contractors. 6. Indemnification: To the fullest extent permitted by law, Engineer shall fully indemnify, defend, and save Town, its agents, representatives, employees, and officers harmless from and against any and all claims, actions, costs, fees, losses, liabilities or damages of whatever kind or nature arising from or related to Engineer s performance of this Agreement. 7. Insurance: Engineer shall purchase and maintain insurance coverage as set forth below. The insurance policy must, unless not available from the insured, name the Town, (including its elected or appointed officers, officials, employees, or volunteers), as an additional insured and be written on a primary noncontributory basis. Engineer will provide the Town with applicable additional insured endorsement documentation. Each coverage shall be obtained from an insurance company that is duly licensed and authorized to transact insurance business and write insurance within the state of Montana, with a minimum of A.M. Best Rating of A-, VI, as will protect the Engineer, the various acts of subcontractors, the Town and its officers, employees, agents, and representatives from claims for bodily injury and/or property damage which may arise from operations and completed operations under this Agreement. All insurance coverage shall remain in effect throughout the life of this Agreement and for a minimum of one (1) year following the date of expiration of Engineer s warranties, if any. All insurance policies must contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least forty-five (45) days prior written notice has been given to Engineer, Town, and all other additional insureds to whom a certificate of insurance has been issued. All insurance documentation shall be in a form acceptable to the Town. Insurance Coverage at least in the following amounts is required: 1. Commercial General Liability $ 750,000 per occurrence (bodily injury and property damage) $1,000,000 aggregate 2. Products and Completed Operations $1,000,000 3. Automobile Liability $1,500,000 combined single limit 4. Workers Compensation Not less than statutory limits 5. Employers Liability $1,000,000 6. Professional Liability (E&O) $1,000,000 per occurrence (only if applicable) $2,000,000 aggregate Engineer may provide applicable excess or umbrella coverage to supplement Engineer s existing insurance coverage, if Engineer s existing policy limits do not satisfy the coverage requirements as set forth above. Town Engineer Agreement DRAFT 9/11/15 2

EXHIBIT A 8. Professional Service: Engineer agrees that all services and work performed hereunder will be accomplished in a professional manner and in accordance with all standards that apply to profession engineers. 9. Compliance with Laws: Engineer agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. 10. Nondiscrimination: Engineer agrees that all hiring by Engineer of persons performing under this Agreement will be on the basis of merit and qualification and will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, national origin, or other class protected by state and/or federal law. 11. Default and Termination: If either party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. 12. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Engineer may not subcontract or assign Engineer s rights, including the right to compensation or duties arising hereunder, without the prior written consent of Town. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 13. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Engineer pursuant to this Agreement are the property of the Town, unless the parties have agreed in writing that the information shall remain the property of the Engineer. The Town has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. Any re-use without written verification or adaptation by the Engineer for the specific purpose intended will be at the Town s sole risk and without liability or legal exposure to the Engineer. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the Town. Town Engineer Agreement DRAFT 9/11/15 3

EXHIBIT A 14. Liaison: The Town s designated liaison with Engineer is James Patterson and Engineer s designated liaison with Town is. 15. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. 16. Equal Opportunity: Pursuant to Sections 49-2-303 and 49-3-207, MCA no part of this contract may be performed in a manner which discriminates against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by person performing the contract. Any hiring must be on the basis of merit and qualifications directly related to the requirements of the particular position being filled. 17. Prevailing Wage Rates: Engineer must pay the standard prevailing wage rates, including fringe benefits for health and welfare and pension contributions and travel allowance provisions in effect and applicable to the Town when required. Any questions concerning prevailing wages should be directed to the Montana Department of Labor and Industry, Labor Standards Bureau, Capitol Station, Helena, Montana, 59620, Phone: 444-5600. Engineer shall post in a prominent and accessible site on the project or work area, not later than the first day of work, a legible statement of all wages to be paid to the employees employed on the site or work area. Section 18-2-406, MCA The current standard prevailing wage rates published by the Montana Department of Labor and Industry for each relevant job classification necessary to complete the Scope of Work are incorporated by reference into this Agreement. 18. New Laws and Regulations: If during the term of this Agreement new laws or regulations become applicable, Engineer shall also comply with them without notice from TOWN. 19. Waiver and Indemnification: Engineer waives any and all claims and recourse against TOWN 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 claims arising from the intentional acts or concurrent or sole negligence of Town or its officers, agents or employees. Engineer will indemnify, hold harmless, and defend the Town and its agents, principals, and employees from and against any and all claims, demands, damages, costs, expenses, losses, liability (including liability where activity is inherently or intrinsically dangerous), judgments, defense expenses, and attorney s fees rising out of or resulting from Engineer s wrongful acts, errors, omissions, or negligence, or from Engineer s failure to comply with the requirements of this Agreement or with federal, state and local law applicable to the performance under this Agreement. Town may elect to represent itself and incur all costs and expenses of suit which Town Engineer Agreement DRAFT 9/11/15 4

EXHIBIT A shall be subject to reimbursement by Engineer. 20. Attorney s Fees: If it is necessary for either party to bring an action to enforce the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees to be set by the appropriate court, including fees of the Town Attorney. 21. Notice: All notices and certifications made pursuant to this agreement shall be delivered to the address above by first class mail, certified mail or personal delivery in care of the person set forth in Section 14 of this Agreement. A party shall give the other notice of any change in address. 22. Non-Waiver: The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision. 23. Entire Agreement: This document represents the entire and integrated Agreement between the Town and Engineer and supersedes all prior negotiations, agreements or representations, either written or oral. This Agreement may be amended only by written instrument signed by both Town and Engineer. 24. Non-Assignment: Town and Engineer, respectively, bind themselves, their successors, assigns and legal representatives to the other party with respect to all covenants, terms, or conditions of this Agreement. Neither Town nor Engineer shall assign this Agreement without the written consent of the other. Such consent shall not be unreasonably withheld. 25. Execution of Agreement: The Clerk/Treasurer of the Town of West Yellowstone will keep the original Agreement. An exact unaltered copy of the original Agreement has the same force and effect as the original. These obligations shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. TOWN OF WEST YELLOWSTONE MONTANA ENGINEER By By Title: Town Engineer Agreement DRAFT 9/11/15 5

EXHIBIT A ATTEST: Elizabeth Roos, Town Clerk (Seal of the Town) APPROVED AS TO FORM: By Jane Mersen, Town Attorney Town Engineer Agreement DRAFT 9/11/15 6