HomeMy WebLinkAboutOC GP Jan 2018 RFP - draft
CITY OF BOZEMAN, MONTANA
Request for Proposals
PROFESSIONAL SERVICES TO PREPARE COMPREHENSIVE PLAN UPDATE
Proposals must be received no later than:
Tuesday, March 20, 2018 at 5:00 pm MST
Deliver hard and electronic copy of proposal to: Robin Crough, City Clerk
PO Box 1230 121 North Rouse Ave Suite 202
Bozeman, MT 59771
Electronic copy to: agenda@bozeman.net
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms
qualified to provide professional services for preparation of a comprehensive plan update.
Economic and demographic profile, trade area, and related future land use needs in support of identified economic development and community goals have previously been developed and will be provided.
The work will be used to meet the required contents of a comprehensive plan (growth policy)
outlined in Section 76-1-601, Montana Codes Annotated. The work to complete all required elements will be in conjunction with the professional staff. Consultant responsibilities will specifically include public outreach, goal and objective development, future land use map, implementation policy recommendations, criteria for development of subsequent neighborhood
plans, proposed land use management techniques to encourage development within the planned
infill and expansion areas. At this time it is anticipated that the format of the final document will consist of the future land use map and associated use descriptions, goals and objectives document and four separate
supporting reference documents for condition inventory, projections, infrastructure plan, and
implementation and application. All proposals must be in the format specified, enclosed in a sealed envelope and clearly identified with RFP title, company name and due date and transmitted via email and hard copy.
Deliver proposals to the City Clerk by Tuesday, March 20, 2018 at 5:00 p.m. MST. It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened.
The physical address is:
City Clerk’s Office, Suite 202, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771
(USPS only, shipping companies should be sent to the physical address)
The email address for submittal is: agenda@bozeman.net
NON-DISCRIMINATION
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFP on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to
all subcontracts.
Failure to comply with the above may be cause for the City to deem the submittal non- responsive.
For additional information on this RFP, contact Chris Saunders, Community Development
Manager, 406-582-2267, csaunders@bozeman.net. DATED at Bozeman, Montana, this 14th day of February, 2018.
Robin Crough
City Clerk For publication on:
Sunday, February 11, 2018
Sunday, February 25, 2018 Sunday, March 11, 2018
1. BACKGROUND
The City of Bozeman is a rapidly growing community of 43,000. It is the county seat and central place for one of the fastest growing micropolitan areas in the US. It has a multi-county trade service area. It is the home of Montana State University and a major gateway to Yellowstone National Park. It is the fourth largest city in the state and is expected to soon be the third largest.
Bozeman is served by Yellowstone International Airport which has the highest annual boardings
in the state. As outlying communities also grow they are beginning to locally provide essential services and greater proportion of employment. The City first prepared a comprehensive plan in 1958 and has prepared five since then. It
completed its last comprehensive plan in 2009 and desires to update the document. A high rate of
development in both infill and edge locations, changing economic conditions with growth of the internet economy and local technology and other non-typical employment, economic maturation of nearby satellite communities, make it necessary to update plans for the future growth of the community. The comprehensive plan is actively and regularly used in evaluating and prioritizing
City actions and land development proposals and regulations.
The City has completed work to identify the existing economic and demographic conditions and anticipated trends for the local economy. A corresponding estimate for land use needs for future growth has been prepared. The City’s first overall strategic plan is presently being finalized and
is expected to be completed in February. The strategic plan sets high level aspirations in six
general areas including land and infrastructure development. The growth policy needs to coordinate with the strategic plan. A copy of the draft strategic plan and of the economic conditions and future land use need reports are available at www.bozeman.net\growth.
The City maintains a detailed parcel fabric and many data sets through its robust GIS systems.
City data will be made available to the consultant. City and County tax data is coordinated with the parcel fabric.
2. PROJECT LOCATION
The project area is the City of Bozeman, MT and some surrounding areas. A tentative planning area has been identified and is included with this RFP as Attachment 4. The planning area is subject to change during the course of the project.
3. SCOPE OF SERVICES A. Purpose
The final work must meet the required contents of a comprehensive plan (growth policy)
outlined in Section 76-1-601, Montana Codes Annotated and those optional elements selected by
the City. See Attachment 5 for an outline of required elements and anticipated consultant responsibilities. The growth policy serves as the policy basis for creation and modification of land use regulations and is combined with function specific facility plans to guide capital improvement planning and budgeting.
The City has adopted a commercial centers based land use map approach. See Chapter 3 of the current Bozeman Community Plan available at https://www.bozeman.net/growth for details. See Chapter 3 also for the predominant themes guiding land use policy. Additional subarea plans, such as for the Downtown area, are also available.
The City intends to prepare an updated growth policy more tightly focused on issues of land use, community resilience, community expansion, and related policies and to not duplicate work completed with the Strategic Plan or other planning efforts. Reasonable and effective metrics to be able to track implementation and accomplishment of goals are desired.
B. Reports, Meetings and Public Participation The City has established a nine person Planning Board to assist with development of its growth policy and provide a structured forum for public input. Primary contact by the consultants will be
with city employees. The City of Bozeman is committed to meaningful public access to public
processes and intends the work process to be transparent and understandable to participating parties. A broadly inclusive public engagement plan applicable to the subject matter with feedback to participants is a required element of the proposal. Effective tools to reach populations not typically engaged in such community efforts are required. The City expects that
data and community feedback already obtained through the development of the strategic plan,
transportation plan, and economic development plan will be incorporated as part of the public participation. The following meetings and draft documents in Section 4.B are expected as part of this process.
Additional meetings may be required to accomplish the work. Multiple meetings may be held on
a single date. Electronic attendance by the consultant at meetings may be proposed for meetings other than presentation of final drafts. 1. Introductory meeting with the Planning Board to discuss and describe the project
methodology.
2. Presentation of initial findings to the Planning Board. 3. Presentation of draft reports to the Planning Board and City Commission. 4. Presentation of growth policy to the Planning Board 5. Presentation of growth policy to the City Commission
Substantial effort has already been made in identifying community priorities and relevant
information. Available local resource documents will include: 2009 Bozeman Community Plan 2009 Downtown Bozeman Improvement plan 2018 City of Bozeman Strategic Plan
2017 Transportation Plan
Additional public outreach is anticipated to follow up on additional details and ensure that input is obtained from the full spectrum of the community. Consultant responsibilities will specifically include document assembly, public outreach, goal
and objective development, future land use map, implementation policy recommendations,
criteria for development of subsequent neighborhood plans, proposed land use management techniques to encourage development within the planned infill and expansion areas, and metrics for measuring compliance with and completion of the growth policy. The consultant will assemble the final draft of the growth policy prior to final adoption by the City Commission.
4. PROJECT DELIVERABLES A. Format. Two hard copies and 1 PDF version of all preliminary and final drafts of reports and the growth policy shall be provided to City of Bozeman. All documents shall be provided at least
14 working days prior to any public hearing or meetings with the City Commission or Planning
Board in an electronic format approved by the City. All final reports shall be in an editable electronic format. All work submitted shall become property of the City of Bozeman and if
necessary shall include all required releases for use of images or work from other sources. Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA, documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader
friendly. Accessible documents are often part of web-based information or used for support documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is critical to ensure all support documents made available to end users can be accessed by people with disabilities. Therefore, any digital material created for the City of Bozeman and its websites will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508
"Electronic & Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility Guidelines, and ADA Title II State & Local Government nondiscrimination requirements. B. Content.
It is anticipated that the growth policy will be a clear and concise document focusing on Goal and Objective and the future land use map. Four supporting documents are anticipated to
collectively meet all the state required elements for a comprehensive plan. Alternate
configurations of the documents can be proposed. The consultant will be responsible for
assembly, coordination, and final production of all five documents. Professional Staff will work with the consultant to provide substantial elements of the text of the supporting documents. 1) Inventory Report 2) Projections Report
3) Infrastructure Plan Report
4) Implementation and Application Report The City will provide a format for the documents in both Illustrator and Word establishing the general format, text characteristics, etc. The Consultant may suggest revisions to the format. The
work to complete all required elements will be in conjunction with the professional staff.
5. PROGRESS REPORTS Proposer will be expected to submit progress reports every other week via e-mail or conference
call outlining the following subjects: Recently Performed Work; Upcoming Tasks; Upcoming
Milestones; Scope & Schedule Issues; and Issues To Be Aware Of. 6. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL
I. Submission Requirements and Instructions
All requirements in this section are mandatory. The City reserves the right to waive any non-material variation. a. Submit one (1) original proposal package, five (5) complete electronic copies for each
proposal under sealed envelope, by mail or hand-delivery to the address shown on the
front. b. Each submission must be marked on the outside with the Company’s name and the name of the project. c. Any proposal received after 5:00 p.m. on March 20, 2018 will be returned to the
bidder unopened.
d. Proposals and required attachments shall be submitted as specified and must be signed by officials authorized to bind the bidder to provide the services. II. Proposal Outline and Content
Assemble and submit each proposal in the order below and address the required
content/questions. The order in which items are presented is important, as proposal evaluators will follow this order: a. Cover Sheet (not to exceed one page)
i. This sheet will serve as the cover of your proposal.
b. Table of Contents (not to exceed one page) c. Project Summary (not to exceed one page) i. This summary should concisely describe the project, its goals, and the
proposed plan of implementation including a detailed schedule for completion.
d. Work Assignment (not to exceed one page) i. This will break down the major tasks in the work and anticipated hours to be committed to each task by team member. An example is attached as
Attachment 3.
e. Company Description/Capability (not to exceed three pages) i. Brief history of the company that includes the date of establishment and examples of relevant prior work (electronic examples are accepted) and current
customers of similar attributes to the City of Bozeman.
ii. Describe your experience and capacity to manage projects of the size and scope proposed. f. Project Team (not to exceed three pages)
i. A list of the project team and their professional profile, credentials, and
relevant experience. ii. Specific assignment of project team members g. References (not to exceed two pages)
Provide a minimum of three and maximum of six specifically in municipal or county
governments i. Name of agency ii. Contact name to include: title, phone number and email iii. Population of jurisdiction
iv. Number of employees
v. Project start and completion date vi. Brief summary of project h. Outline of Services (refer to Scope of Services) describing how the proposer
intends to deliver the required service.
i. Affirmation of nondiscrimination (see Attachment 1) j. Cost and Expenses (one page)
A cost proposal for a specific “not to exceed” fixed fee, including associated fees (i.e.
printing costs, attendance at meetings, travel) shall be included with the initial submittal
in a separate sealed envelope. Proposed work milestones and requested payment schedule should accompany the work schedule. Selection is based upon qualifications. Upon selection, a cost for the work will be negotiated. Time for performance and scope of services may be modified during cost negotiations. If a satisfactory price cannot be
reached the City reserves the right to terminate negotiations and work with the next most
qualified firm. The City reserves the right to require the submittal of additional information that supplements or
explains proposal materials.
7. REQUEST FOR PROPOSALS SCHEDULE EVENT DATE/TIME
Publication dates of RFP Sunday, February 11, 2018
Sunday, February 25, 2018 Sunday March 11, 2018
Last day for questions/clarifications Friday, March 9, 2018
Deadline for receipt of proposals Tuesday, March 20, 2018
Evaluation of proposals Anticipated March 22, 2018
Interviews and Selection of consultants Anticipated March 28, 2018
8. PROJECT SCHEDULE Anticipated timeline for the work to prepare a public hearing ready draft of the growth policy is 10 months after issuance of notice to proceed. After preparation of the public hearing draft of the
growth policy, professional staff will be responsible to conduct the public review and adoption
process. The consultant will be responsible to prepare the final adoption draft of the document incorporating those changes directed during the public review process. The schedule for completion of the work will be finalized during negotiation of the professional
services agreement. Alternate timelines may be proposed and approved for good cause such as
when a superior outcome would result. 9. CONTACTS
Any administrative questions regarding proposal procedures should be directed to: Robin Crough,
City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to scope of services and project management may be directed to: Chris
Saunders, Community Development Manager, (406) 582-2267, csaunders@bozeman.net.
10. SELECTION PROCESS AND RANKING CRITERIA A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered. The
review committee will rank the proposals and arrange interviews with the finalist prior to selection. 11. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria: PERSONNEL QUALIFICATIONS (25 points maximum) RELATED EXPERIENCE ON SIMILAR PROJECTS (30 points maximum) SCHEDULE AND RESOURCES (15 points maximum)
LOCAL KNOWLEDGE AND ABILITY TO RESPOND (7 points maximum)
PRESENT AND PROJECTED WORKLOADS (8 points maximum) WORK QUALITY (15 points maximum) CRITERIA TOTAL SCORE (100 points maximum)
12. RESERVATION OF RIGHTS; LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review.
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 or phases 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 of Bozeman reserves the right to reject the proposal of any person/firm who previously
failed to perform properly to the satisfaction of the City of Bozeman, or complete on time
agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman.
The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate
a final scope of service and cost, negotiate a contract with another Contractor if an agreement
cannot be reached with the first selected Contractor, or reject all proposals. The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor's scope of service and work schedule as part of the agreement (see Attachment 3 for form of professional services 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 Contractor, by submitting a
response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding
any aspect of this RFP. 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. 13. 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. 14. 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 and respondent.
15. 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. 16. ACCESSIBILITY
Upon reasonable notice, the City will provide assistance for those persons with sensory
impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. 17. 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.
18. 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.
Statement of Non-discrimination – Attachment 1
____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts.
______________________________________ Name and title of person authorized to sign on behalf of submitter
FORM OF PROFESSIONAL SERVICES AGREEMENT – Attachment 2
PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2018, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this
reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution [and will terminate on the _____ day of ______________, 201_.
3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services.
Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will 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 and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold
harmless the City, its agents, representatives, employees, and officers (collectively referred to for
purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of 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; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor agrees
to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the 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; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify
City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work. 8. Termination for Contractor’s Fault:
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.
In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered.
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. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it
advisable to the City to cease performance under this Agreement City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon
terms satisfactory to the City. Contractor shall do only such work as may be necessary to
preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of
Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity,
field office overhead, general conditions costs, or lost profits damages of any nature arising, or
claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _________________ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this
Agreement, such communication or submission shall be directed to _____________ 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 agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands
of the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges
it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to
give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. 21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference.
30. Extensions: This Agreement may, upon mutual agreement, be extended for a period of
one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________.
[END OF AGREEMENT EXCEPT SIGNATURE PAGE]
Attachment 3 - Professional Fee Table 23January, 29 2018
attaCHMeNt 3 - PRofessIoNal fee table
Consultant Fee
Team Hours / Project Phase Total Hours Total Fee
Phase of Project Team Member NameTeam Member Title Team Member NameTeam Member Title Consultant Consultant
Phase 1 $
Phase 2 $
Phase 3 $
Phase 4 $
Phase 5 $
Totals X hours X hours X hours X hours X hours $
Reimbursables
Description Total Fee
Travel
Printing
Misc�
$
Totals
Consultant Fee $
Reimbursables $
Grand Total $
City of BozemanProfessional Services to Prepare Comprehensive Plan Update
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Legend
Community_Plan_2019_Boundary
City Limits
Preliminary Planning BoundarySubject to RevisionJanuary 30, 2018
Revised:
This map was created by theCity of BozemanDepartment of Planningand Community Development
¯1 inch = 6,400 feet
Intended for Planning purposes onlysome layers may not line up properly.
Attachment 5 - Scope of Services 27January, 29 2018
attaCHMeNt 5 - sCoPe of seRvICes
Part 6. Growth Policy 76-1-601.
Growth policy - Contents.
Consultant
Work
City Staff
Support
Reference Documents/Notes:
(1) A growth policy may cover all or part of the jurisdictional area.
(2) The extent to which a growth policy addresses the elements listed in subsection (3) is at the full discretion of
the governing body.
(3) A growth policy must include:
(a) community goals and objectives; X
(b) maps and text describing an inventory of
the existing characteristics and features of the
jurisdictional area, including:
X EPS report
(i) land uses; GIS annual report
(ii) population; X Staff and Census ACS
(iii) housing needs; X Staff and EPS report
(iv) economic conditions; EPS Report
(v) local services; X Staff
(vi) public facilities; Facility Plans
(vii) natural resources; X Staff
(viii) sand and gravel resources; and Duplicate from 2009, NMC
(ix) other characteristics and features proposed
by the planning board and adopted by the
governing bodies;
(c) projected trends for the life of the growth
policy for each of the following elements:
(i) land use; X EPS Report, Consultant for new
Map
(ii) population; EPS Report
(iii) housing needs; X Staff
(iv) economic conditions; EPS report
(v) local services; X Staff
(vi) natural resources; and X Staff
(vii) other elements proposed by the planning
board and adopted by the governing bodies;
(d) a description of policies, regulations, and
other measures to be implemented in order to
achieve the goals and objectives established
pursuant to subsection (3)(a)[community goals and
objectives];
X X
City of BozemanProfessional Services to Prepare Comprehensive Plan Update
Attachment 5 - Scope of Services28 January 29, 2018
Part 6. Growth Policy 76-1-601.
Growth policy - Contents.
Consultant
Work
City Staff
Support
Reference Documents/Notes:
(e) a strategy for development, maintenance,
and replacement of public infrastructure, including
drinking water systems, wastewater treatment
facilities, sewer systems, solid waste facilities, fire
protection facilities, roads, and bridges;
X Staff summary of existing facility
plans
(f) an implementation strategy that includes:
(i) a timetable for implementing the growth
policy;
X X
(ii) a list of conditions that will lead to a
revision of the growth policy; and
Repeat from 2009
(iii) a timetable for reviewing the growth policy
at least once every 5 years and revising the
policy if necessary;
Repeat from 2009
(g) a statement of how the governing bodies will
coordinate and cooperate with other jurisdictions
that explains:
X
(i) if a governing body is a city or town,
how the governing body will coordinate and
cooperate with the county in which the city
or town is located on matters related to the
growth policy;
X
(ii) if a governing body is a county, how the
governing body will coordinate and cooperate
with cities and towns located within the
county’s boundaries on matters related to the
growth policy;
Not Applicable
(h) a statement explaining how the governing
bodies will:
X
(i) define the criteria in 76-3-608(3)(a)
[subdivision and platting act primary review
criteria] ; and
X Staff, minor updates from 2009
(ii) evaluate and make decisions regarding
proposed subdivisions with respect to the
criteria in 76-3-608(3)(a);
X Staff, updates from 2009
(i) a statement explaining how public hearings
regarding proposed subdivisions will be conducted;
and
Repeat from 2008
(j) an evaluation of the potential for fire and
wildland fire in the jurisdictional area, including
whether or not there is a need to:
X Staff/GIS/Fire
City of BozemanProfessional Services to Prepare Comprehensive Plan Update
Attachment 5 - Scope of Services 29January, 29 2018
Part 6. Growth Policy 76-1-601.
Growth policy - Contents.
Consultant
Work
City Staff
Support
Reference Documents/Notes:
(i) delineate the wildland-urban interface; and
(ii) adopt regulations requiring:
(A) defensible space around structures;
(B) adequate ingress and egress to and from
structures and developments to facilitate fire
suppression activities; and
(C) adequate water supply for fire
protection.
(4) A growth policy may:
(a) include one or more neighborhood plans. A
neighborhood plan must be consistent with the
growth policy.
X Remove all but Downtown
Plan, Staff, PB to consider new
alternative location
(b) establish minimum criteria defining the
jurisdictional area for a neighborhood plan;
X X
(c) establish an infrastructure plan that, at a
minimum, includes:
X SEPARATE DOCUMENT AS
RESOURCE
(i) projections, in maps and text, of the
jurisdiction’s growth in population and number
of residential, commercial, and industrial units
over the next 20 years;
X Staff reference to facility plans
(ii) for a city, a determination regarding if and
how much of the city’s growth is likely to take
place outside of the city’s existing jurisdictional
area over the next 20 years and a plan of how
the city will coordinate infrastructure planning
with the county or counties where growth is
likely to take place;
X Staff, PCC
(iii) for a county, a plan of how the county will
coordinate infrastructure planning with each
of the cities that project growth outside of city
boundaries and into the county’s jurisdictional
area over the next 20 years;
Not Applicable
(iv) for cities, a land use map showing where
projected growth will be guided and at what
densities within city boundaries;
X X
(v) for cities and counties, a land use map
that designates infrastructure planning areas
adjacent to cities showing where projected
growth will be guided and at what densities;
X X
City of BozemanProfessional Services to Prepare Comprehensive Plan Update
Attachment 5 - Scope of Services30 January 29, 2018
Part 6. Growth Policy 76-1-601.
Growth policy - Contents.
Consultant
Work
City Staff
Support
Reference Documents/Notes:
(vi) using maps and text, a description of
existing and future public facilities necessary
to efficiently serve projected development
and densities within infrastructure planning
areas, including, whenever feasible, extending
interconnected municipal street networks,
sidewalks, trail systems, public transit
facilities, and other municipal public facilities
throughout the infrastructure planning area�
For the purposes of this subsection (4)(c)(vi),
public facilities include but are not limited
to drinking water treatment and distribution
facilities, sewer systems, wastewater treatment
facilities, solid waste disposal facilities, parks
and open space, schools, public access areas,
roads, highways, bridges, and facilities for fire
protection, law enforcement, and emergency
services;
X Staff reference facility plans
(vii) a description of proposed land use
management techniques and incentives that
will be adopted to promote development within
cities and in an infrastructure planning area,
including land use management techniques
and incentives that address issues of housing
affordability;
X X Consultant and staff
(viii) a description of how and where projected
development inside municipal boundaries for
cities and inside designated joint infrastructure
planning areas for cities and counties could
adversely impact:
(A) threatened or endangered wildlife and
critical wildlife habitat and corridors;
X Staff (NA general statement only)
(B) water available to agricultural water
users and facilities;
X Staff
(C) the ability of public facilities, including
schools, to safely and efficiently service
current residents and future growth;
X Staff
(D) a local government’s ability to provide
adequate local services, including but
not limited to emergency, fire, and police
protection;
X Staff and facility plans
City of BozemanProfessional Services to Prepare Comprehensive Plan Update
Attachment 5 - Scope of Services 31January, 29 2018
Part 6. Growth Policy 76-1-601.
Growth policy - Contents.
Consultant
Work
City Staff
Support
Reference Documents/Notes:
(E) the safety of people and property
due to threats to public health and safety,
including but not limited to wildfire, flooding,
erosion, water pollution, hazardous wildlife
interactions, and traffic hazards;
Reference Joint Hazard Plan
(F) natural resources, including but not
limited to forest lands, mineral resources,
sand and gravel resources, streams, rivers,
lakes, wetlands, and ground water; and
X Staff and facility plans
G) agricultural lands and agricultural
production; and
X Staff
(ix) a description of measures, including land
use management techniques and incentives,
that will be adopted to avoid, significantly
reduce, or mitigate the adverse impacts
identified under subsection (4)(c)(viii).
X Staff
(d) include any elements required by a federal
land management agency in order for the
governing body to establish coordination or
cooperating agency status as provided in 76-1-607.
Not Applicable
(5) The planning board may propose and the governing bodies may adopt additional elements of a growth
policy in order to fulfill the purpose of this chapter.
City of BozemanProfessional Services to Prepare Comprehensive Plan Update