HomeMy WebLinkAbout16- RFP Package - Fire Protection Master Plan REQUEST FOR PROPOSALS
PROFESSIONAL CONSULTING SERVICES TO UPDATE THE CITY’S FIRE
PROTECTION MASTER PLAN
NOTICE IS HEREBY given that The City of Bozeman is seeking proposals from consultants
qualified to provide professional consulting services to update the City’s Fire Protection Master Plan.
Specifically, the City of Bozeman expects a plan that evaluates and analyzes current service capabilities, response times, staffing, facilities, and apparatus. The City desires a plan that utilizes
national standards and consensus best practice from organizations such as the Insurance Service Office
(ISO), National Fire Protection Association (NFPA), the Center for Public Safety Excellence (CPSE)
and applicable internal city plans. The City expects the plan to include recommendations for both short
and long term goals, prioritization for accomplishment of these goals, an evaluation of future station locations, and a defined vision for the next 15 years.
The department’s existing plan can be reviewed by visiting http://www.bozeman.net/Departments-
(1)/Fire/Operations and using the Fire Protection Plan link found on the left of the page.
STATEMENT OF NEED The successful firm shall perform work necessary to develop and prepare a Comprehensive Fire
Master Plan that contains a risk assessment and standards of cover (SOC) component consistent with
Commission on Fire Accreditation International (CFAI) 6th edition requirements along with
providing and/or generating supporting documents, materials, maps, and references. The vendor shall prepare a draft plan and related documents to be reviewed by Fire Department staff. Revisions will
occur as needed and the vendor shall present the plan to the City Administration. The vendor shall
then present the final Comprehensive Fire Master Plan to the City Commission.
DELIVERY OF PROPOSALS Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to the
City Clerk at agenda@bozeman.net. Proposals shall be presented in a neat and orderly fashion.
Proposals shall not exceed fifteen (15) pages in length, excepting resumes and examples of prior
projects. The proposal and these documents shall be combined into 1 single PDF. Please also provide
one additional PDF containing the cost information, for two PDF files total. Separate links and attachments will not be reviewed.
Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to
the City Clerk at agenda@bozeman.net.
Proposals must be plainly identified in the subject line as:
“Fire Protection Master Plan”
For questions related to submittal please contact the City Clerk’s Office at (406) 582-2320 or stop by during regular business hours.
Responses received after 5:00 PM on September 30, 2016 will not be considered. This Request for
Proposal will be published in the Bozeman Daily Chronicle on the following dates:
Sunday, September 4, 2016 Sunday, September 18, 2016
The entire Fire Protection Master Plan Request for Proposals document can be found on the City Web
page at www.bozeman.net by selecting the BID button and clicking on the link to this project. In
addition, the RFP may be distributed to individual consultants.
Questions relating to content should be direct submitted to: Josh Waldo, Fire Chief
Bozeman Fire Department
P.O. Box 1230
Bozeman, MT 59771 (406) 582-2350 jwaldo@bozeman.net
DISCRIMINATION
Discrimination in the performance of any agreement awarded under this RFP on the basis of race,
color, religion, creed, 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 must include a provision requiring the submitting
entity to affirm in writing it will not discriminate on the basis of 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 of the
Contractor’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 an Equal Opportunity Employer.
For additional information, contact Josh Waldo, Fire Chief (406) 582-2350, or jwaldo@bozeman.net.
DATED THIS Wednesday August 31, 2016 City of Bozeman, Montana
By: Robin Crough
City Clerk, City of Bozeman
Publish Dates: Sunday, September 4, 2016
Sunday, September 18, 2016
THE CITY OF BOZEMAN
34 N. ROUSE AVE ~ P.O. BOX 1230
BOZEMAN, MONTANA 59771-1230
FIRE DEPARTMENT
PHONE: (406) 582-2350
E-MAIL: jwaldo@bozeman.net
City of Bozeman, Montana
Request for Proposals for BOZEMAN FIRE DEPARTMENT COMPREHENSIVE FIRE MASTER PLAN
Notice is hereby given that The City of Bozeman is seeking proposals from consultants qualified to provide
professional consulting services to update the City’s Fire Protection Master Plan. Specifically, the City of Bozeman expects a plan that evaluates and analyzes current service capabilities, response times, staffing, facilities, and
apparatus. The City desires a plan that utilizes national standards and consensus best practice from organizations such as the Insurance Service Office (ISO), National Fire Protection Association (NFPA), the Center for Public Safety
Excellence (CPSE) and applicable internal city plans. The City expects the plan to include recommendations for both short and long term goals, prioritization for accomplishment of these goals, an evaluation of future station locations,
and a defined vision for the next 15 years.
The department’s existing plan can be reviewed by visiting http://www.bozeman.net/Departments-(1)/Fire/Operations and using the Fire Protection Plan link found on the left of the page.
Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to the City Clerk
at agenda@bozeman.net.
STATEMENT OF NEED The successful firm shall perform work necessary to develop and prepare a Comprehensive Fire Master Plan that
contains a risk assessment and standards of cover (SOC) component consistent with Commission on Fire Accreditation International (CFAI) 6th edition requirements along with providing and/or generating supporting
documents, materials, maps, and references. The vendor shall prepare a draft plan and related documents to be reviewed by Fire Department staff. Revisions will occur as needed and the vendor shall present the plan to the City
Administration. The vendor shall then present the final Comprehensive Fire Master Plan to the City Commission.
DELIVERY OF PROPOSALS
Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to the City Clerk at agenda@bozeman.net. Proposals shall be presented in a neat and orderly fashion. Proposals shall not exceed fifteen (15) pages in length, excepting resumes and examples of prior projects. The proposal and these documents shall be combined into 1 single PDF. Please also provide one additional PDF containing the cost information, for two PDF
files total. Separate links and attachments will not be reviewed.
Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to the City Clerk at agenda@bozeman.net.
Proposals must be plainly identified in the subject line as:
“Fire Protection Master Plan”
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For questions related to submittal please contact the City Clerk’s Office at (406) 582-2320 or stop by during regular
business hours.
Responses received after 5:00 PM on September 30, 2016 will not be considered. This Request for Proposal will be published in the Bozeman Daily Chronicle on the following dates:
Sunday, September 4, 2016 Sunday, September 18, 2016
The entire Fire Protection Master Plan Request for Proposals document can be found on the City Web page at www.bozeman.net by selecting the BID button and clicking on the link to this project. In addition, the RFP may be distributed to individual consultants.
Questions relating to content should be direct submitted to: Josh Waldo, Fire Chief
Bozeman Fire Department P.O. Box 1230 Bozeman, MT 59771
(406) 582-2350 jwaldo@bozeman.net
DISCRIMINATION
Discrimination in the performance of any agreement awarded under this RFP on the basis of race, color, religion,
creed, 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 must include a provision requiring the submitting entity to affirm
in writing it will not discriminate on the basis of 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 of the Contractor’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 an Equal Opportunity Employer.
For additional information, contact Josh Waldo, Fire Chief (406) 582-2350, or jwaldo@bozeman.net.
DATED THIS Wednesday August 31, 2016 City of Bozeman, Montana
By: Robin Crough
City Clerk, City of Bozeman Publish Dates: Sunday, September 4, 2016 Sunday, September 18, 2016
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Introduction
The Bozeman Fire Department requests proposals from qualified vendors for professional consultation services to update the current Fire Master Plan for the City of Bozeman that was originally developed in
2006. The plan shall provide recommendations concerning best practices, national consensus standards and professional standards for the next 15 years. The plan shall include:
1. The evaluation of current Bozeman Fire Department services, capabilities, response times, staffing, facilities, apparatus, and information management.
2. Recommendations for future enhancements to the Bozeman Fire Department in anticipation of
community changes, annexation, and growth.
3. Evaluation of current programs and services deliveries including but not limited to a) Fire Suppression
b) EMS c) Training
d) Fire Prevention / Code Compliance / Public Education e) Fire Investigation
f) Hazardous Materials g) Technical Rescue
4. The department’s existing plan can be reviewed by visiting http://www.bozeman.net/Departments-
(1)/Fire/Operations and using the Fire Protection Plan link found on the left of the screen.
Presently the Bozeman Fire Department operates 3 stations with a total of 46 personnel. The Department provides fire suppression, emergency medical ALS 1st response, rescue, code enforcement, fire
investigation, and public education services to an area of approximately 20.2 square miles with a resident population of approximately 41,000 with an additional 16,000 students at Montana State University. The
Department also houses one of the six regional hazardous materials teams located in Montana. In 2015 the Department responded to 3919 calls for service.
The Bozeman Fire Department’s divisions include Operations, Prevention, and Training. The Department’s
FY-16 annual operating budget was $4.6 million. I. Proposal Submission Requirements
• General Requirements:
All required information must be completed in full, in ink, or typewritten.
The proposal must be signed by a person authorized to commit the submitter to provide the service. Submission of a signed proposal will constitute an incontrovertible representation by proponent that
proponent has complied with every requirement of the RFP, that without exception the proposal is premised upon performing and furnishing the work required by the proposal documents and
applying any specific means, methods, techniques, sequences, and/or procedures of performance that may be shown or indicated or expressly required by the proposal documents, that proponent has
given the City written notice of all conflicts, errors, ambiguities, and discrepancies that proponent has discovered in the proposal documents and the written resolutions thereof by the City are
acceptable to proponent, and that the proposal documents and any written resolutions are generally sufficient to indicate and convey understanding of all terms and conditions for performing and
furnishing the work.
• The proposal must be received no later than 5:00 p.m., September 30, 2016. Proposals received after
5:00 p.m. will be returned unopened.
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• Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to
the City Clerk at agenda@bozeman.net. Proposals shall be presented in a neat and orderly fashion. Proposals shall not exceed fifteen (15) pages in length, excepting resumes and examples of prior
projects. The proposal and these documents shall be combined into 1 single PDF. Please also provide one additional PDF containing the cost information, for two PDF files total. Separate links
and attachments will not be reviewed.
• Electronic searchable PDF files must be submitted no later than 5:00 PM on September 30, 2016 to
the City Clerk at agenda@bozeman.net.
• Proposals must be plainly identified in the subject line as:
“Fire Protection Master Plan”
• The City’s staff contact for this RFP is:
Josh Waldo
Fire Chief Phone #: (406) 582-2350
E-mail address: jwaldo@bozeman.net
• Proposal Format:
a) Section I - Statement of Understanding
An overall introduction, including a statement of the submitter’s understanding of each item proposed in the Scope of Work, and a general description of the submitter’s approach.
b) Section II – Technical Capabilities
Statements or examples that provide assurance the submitter has the technical capabilities to provide all of the requested deliverables found in the project scope outlined in section VI of
this request.
c) Section III - Personnel Qualifications
Names, relevant experience, professional registrations of submitter’s personnel with background information on previous experience, qualifications, and skills relevant to each
item proposed upon in the Scope of Work section VI.
d) Section IV – References
A list of at least three clients for whom the submitter has provided similar services. This list shall include the agency/company name, address, phone number and name of contact person,
and description of the similar project.
e) Section V – Subcontractors
A list and description of names, office locations, tasks, qualifications, and responsibilities of any subcontractors that may be utilized for this project.
f) Section VI - Change in Scope
A proposed procedure to accommodate changes in scope of the contract, and addition or
deletion of task activities. The submitter must include a current fee schedule and a cost of
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services proposal for any work that is to be provided or that the City may request after the
contract is awarded.
g) Section VII - Contractor’s Expectations of City Staff Clearly define any expectations for information or support to be provided by City staff during the project.
h) Section VIII – Project Approach Provide a narrative that describes how your firm will assist in meeting the project goals. The
description should demonstrate the vendor’s capabilities, approaches, and methodologies that
will be employed to accomplish the project. Provide a systematic and methodical description of how the scope of work will be accomplished in language suitable for inclusion in a legal
document. For each of the key personnel, identify areas of responsibility and percentage of time dedicated to the project. Please note the personnel identified in the proposal should be the same as those identified in the final contract. Any proposed changes after the contract is entered into will require written approval from the Fire Chief.
i) Section IX – Project Task
(The following list of tasks is intended to be illustrative and should be considered as preliminary. Specific proposed project tasks should be identified by the vendor and will be
negotiated as part of the final agreement.)
Baseline Tasks:
1. Tour response areas and identify risk/response constraints.
2. Review current and past years emergency responses. 3. Tour all facilities.
4. Evaluate current station locations, resource deployments, street patterns, traffic patterns, barriers, and corresponding response time performance.
5. Review existing community plans, policies, and recommendations. 6. Review most recent ISO grading schedule inspection results.
7. Interview Fire Department Administration, City Administration, other City Department officials, and labor representatives regarding Fire Department service levels, facilities,
apparatus, staffing, and information management. 8. Evaluate current facilities for projected future annexation and growth, service demands,
staffing needs, apparatus needs, health and safety compliance, and changing demographics.
Plan Research Tasks:
Conduct research to forecast for future needs in regard to: 1. Growth patterns and trends
2. Annexation 3. Station locations
4. Response times 5. Travel distances
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6. Staffing and scheduling
7. Apparatus and equipment
8. Traffic patterns 9. Land use 10. Service demands
11. Health and safety 12. Social and economic conditions 13. Transportation improvements
14. GIS mapping and Information management 15. Demographic changes
Plan Development Tasks:
1. Develop data layers and generate GIS maps
2. Identify and recommend future projects, changes, and acquisitions 3. Develop draft plan document 4. Review Recommendations with Fire Department staff 5. Create timeline for completion of recommendations
6. Develop final Comprehensive Fire Master Plan Document 7. Present final plan to City Administration and City Commission
j) Section X - Delivery Schedule
A proposed schedule for delivering the products and services as described in the RFP. Please
describe vendor’s proposed time frame for first draft and final presentation of plan. k) Section XI - Price Proposal
The price proposal must clearly state the costs to the City of Bozeman for the project. The contract for services shall be between the City of Bozeman and the Contractor.
The price information must include staff-hours of effort planned for each task by the
categories (i.e., level of experience) of personnel who will perform the services, materials, travel costs, equipment usage charges (rate and total cost), and any other direct charges.
5. A prospective submitter may submit written questions about, or request written clarifications of
the RFP, including written protests of the RFP’s terms and conditions or technical specifications up until September 23, 2016. All questions must be in writing (includes email) and addressed to
the City’s staff contact. No other staff member will answer questions about this Request for Proposals.
6. Each entity submitting under this notice must include a provision requiring the submitting entity to
affirm in writing it will not discriminate on the basis of color, religion, creek, 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 of
the Contractor’s employees and to all subcontracts. Failure to comply with the above shall be cause for the City to deem the submittal non-responsive.
II. Selection Criteria and Process
The proposals will be judged on the completeness and quality of content. Only those submitters who supply complete information as required herein will be considered for evaluation. The City of
Bozeman is seeking to contract with a firm that has the appropriate qualifications using appropriate technology and methodology to ensure delivery of high quality products and who has demonstrated
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extensive experience with, and an understanding of, similar projects. The criteria for evaluating
proposals are as follows, with the weight each item carries shown in parentheses:
Criteria Weight
1. Experience in similar projects 20%
2. The necessary qualifications, experience, organization, technical and managerial staff, and equipment and facilities to carry out the work 30%
3. Prior experience on related or similar projects, and the accessibility/availability of the individuals working on this project 20%
4. Ability to complete the work within a proposed time schedule 10%
5. Overall proposal and presentation 10%
6. Cost of acquiring the RFP deliverables 10%
The City may invite three or more prospective submitters to respond to the selection committee in
person or writing during the proposal evaluation. Failure to provide additional information, if requested, may disqualify the proposal from further consideration.
The evaluation of proposals and the determination of conformity and acceptability shall be in the City’s
sole discretion and will be based on information furnished or identified in the proposal as well as on other information available to the City.
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. Submission of proprietary information will be deemed authorization to release any such information.
III. Reservation of Rights; Liability Waiver
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 30 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 are determined by the City to be in the public interest; and to reject, without liability therefore, any and all proposals upon finding that doing so is in the public interest.
The City reserves the right to reject the proposal of any person/firm who previously failed to perform
properly to the satisfaction of the City, 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.
The City of Bozeman reserves the right to determine the best qualified submitter and negotiate a final scope of service and cost, negotiate a contract with another submitter if an agreement cannot be reached
with the first selected submitter, or reject all proposals. The successful submitter will be required to enter into a professional services agreement with the City, which will incorporate the submitter’s scope
of service and work schedule as part of the agreement.
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 submitter, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.
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. This project is subject to the availability of funds.
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IV. Time Line
These dates may be revised if any step takes longer than anticipated. The City reserves the right to
postpone the award.
RFP issued September 4, 2016
Written questions submitted September 23, 2016
Proposals due September 30, 2016
V. Withdrawal of Proposals
Proposals submitted may be withdrawn by written request if received before the hour set for the opening. After that time, proposals may not be withdrawn for a period of fifteen (15) days and at no time after
award.
No responsibility shall attach to a City employee for the premature opening of a proposal not properly addressed and identified in accordance with these documents.
When discrepancies occur between words and figures, the words shall govern. VI. Scope of Work
The project scope, specifications and requirements that are outlined in this RFP are subject to modification and final contract negotiations.
The Master plan must incorporate the City of Bozeman Transportation Master Plan, The City of
Bozeman Community Plan, The City of Bozeman Water Facility Plan, Gallatin County 911 Strategic Plan, and other applicable plans. The plan will focus on identifying future station sites, establishing local
service and delivery standards, prioritizing capital improvements, and recommended funding and acquisition strategies.
The successful firm must perform work necessary to develop and prepare a Comprehensive Fire Master Plan that contains a risk assessment and standards of cover (SOC) component consistent with Commission on Fire Accreditation International (CFAI) 6th edition requirements along with providing
and/or generating supporting documents, materials, maps, and references. The selected entity must prepare a draft plan and related documents to be reviewed by Fire Department staff. Revisions will occur
as needed and the vendor shall present the plan to the City Administration. The vendor must then present the final Comprehensive Fire Master Plan to the City Commission. Project Scope:
a. Analyze existing levels of service and operational risks, including current station locations and
apparatus placement, based upon nationally recognized standards, including NFPA standards, ISO
rating schedules, and CFAI SOC for recommended travel distance, response area coverage, response time performance, and workload call distribution. Provide both “geographic” and “demand based” service delivery models utilizing GIS mapping and related technology.
b. Develop implementation alternatives with defined action-based benchmarks, identify thresholds, and recommend priorities and time-lines.
c. Provide recommendations for additional station locations based upon projected community growth, planned improvements in the city transportation system, natural and manmade physical
barriers, water service infrastructure, risk of specific occupancies and activities, land use,
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transportation patterns, socio-economic factors, and political ramifications utilizing GIS mapping
and related technology.
d. Provide recommendations regarding the operational elements of all stations (current and future) and any changes in those elements over time.
e. Provide recommendations regarding staffing levels and practices necessary to support recommended operational changes, including the number of stations and configuration, scheduling
of personnel, composition of staff, additional staff, and other alternatives. f. Recommend GIS, information management, and other software for use in mapping, statistical
evaluation of service levels, incident patterns, anticipating growth, and risk assessment.
g. Produce GIS data layers that will assist the Department in analyzing future trends in growth and
incident patterns. The GIS data layers shall be designed to allow City of Bozeman and Bozeman Fire Department staff to attach live databases and easily update the data layers. The data layers created will become property of the Bozeman Fire Department at the completion of the project.
h. Review and incorporate existing community plans and policies.
i. The Bozeman Fire Department will provide the vendor with available data that will be useful in meeting the requirements set forth in this document. Data provided is owned by the City of
Bozeman and shall be used solely for the purpose of developing the Comprehensive Fire Master Plan and may not be used for any other purpose without the express written consent of the City of
Bozeman. Deliverables:
Ten (10) complete bound copies, an electronic copy of the Comprehensive Fire Master Plan, and all related materials (including GIS maps of recommended station sites and service demand levels).
VII. Project Schedule & Resource Plan
In their responses to this proposal, submitters must propose a detailed schedule of performance for completion of all components of the production process. General project milestones should be presented;
final project milestones will be established prior to project initiation.
It is anticipated that this project will start as soon as possible after the awarding of the contract.
The City will not pay for the entire product/project up front but will utilize incremental billing as the project progresses. This incremental billing arrangement will be decided between the City and the
vendor of choice. VIII. 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.
IX. No Partnership/Business Organization
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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 and the submitter. X. 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. Submitters 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. XI. Accessibility
Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For
further information please contact the ADA Coordinator Chuck Winn at 406-582-2305 or the City’s TTY line at 406-582-2301.
XII. 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.
XIII. 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.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____, day of ___________, 20____ by and
between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing
under the laws of the State of Montana, 121 North Rouse Ave., Bozeman, Montana 59771, hereinafter referred to as “City,” and, _________________________________________ “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 30th day of____________________, 2017. The final deliverable and associated materials must be presented to the City on or before the 30th day of ___________________, 2017.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services delineated in Attachment A, 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous)
or damages of whatever kind or nature connected therewith and without limit and without regard to
the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; 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 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 indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this Agreement
except “responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent” as per 28-2-702, MCA.
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.
• 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 noncontributory 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 work on the services provided, 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 discontinue services and shall do only
such work as may be necessary to preserve, protect, and maintain work already completed, 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 and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt of
the Notice of Termination for City’s Convenience, and reasonably incurred costs. It is agreed
that any materials that City is obligated to purchase for the Contractor will remain the City’s
sole property.
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 the Fire Chief 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 Josh Waldo 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. 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 and the parties expressly agree that venue will be in Gallatin County,
Montana, and no other venue.
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
NON-DISCRIMINATION AFFIRMATION FORM
_________________________ [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 in the performance of
work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the
eventual contract, if awarded, will contain a provision prohibiting discrimination as described
above and that this prohibition shall apply to the hiring and treatment of the
_________________________ [name of entity submitting] employees and to all subcontracts it
enters into in performance of the agreement with the city of Bozeman.
Signature of Bidder: ______________________________
Person authorized to sign on behalf of the bidder