HomeMy WebLinkAbout19- RFP - Planning Consulting Services for the Bozeman Climate Action and Resiliency PlanPage 1 of 26
Request for Proposals (RFP)
City of Bozeman, MT
Planning Consulting Services for the
Bozeman Climate Action and Resiliency Plan
Issue Date: Sunday, April 21, 2019
Deadline for Submissions: Tuesday, May 14, 2019 at 4:00 PM MST
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NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from qualified firms or individuals to
provide professional services to assist in developing a Climate Action and Resiliency Plan for the City of
Bozeman.
Copies of the proposed Scope of Services, Qualifications Evaluation Criteria, and the City's Consultant Selection
Procedure are available at the City Clerk’s Office, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana
59771-1230, or by calling 406-582-2321 during normal business hours.
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 hard copy.
Deliver proposals to the City Clerk by Tuesday, May 14, 2019 at 4:00 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 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana 59715
The mailing address is:
City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771
(USPS only, deliveries via shipping companies should be addressed to the physical address)
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.
Any administrative questions regarding proposal procedures should be directed to: Robin Crough, City Clerk (406)
582-2321, agenda@bozeman.net
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Questions relating to scope of services and project management should be directed to: Natalie Meyer,
Sustainability Program Manager, nmeyer@bozeman.net.
DATED at Bozeman, Montana, this 18th day of April, 2019.
Robin Crough
City Clerk
City of Bozeman
For publication on:
Sunday, April 21, 2019
Sunday, April 28, 2019
Sunday, May 5, 2019
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1. BACKGROUND
The City of Bozeman, through its Department of Strategic Services, Office of Sustainability, is seeking a
Consultant Team to provide services in developing a citywide Climate Action and Resiliency Plan (Plan). The Plan
will serve as a comprehensive strategy for addressing climate change in Bozeman and will identify targeted
policies, programs, and projects that will both mitigate the City’s contribution to climate change and prepare
Bozeman for the unavoidable impacts of climate change.
Bozeman signed the Mayors Climate Protection Agreement in 2006, committing Bozeman to reduce greenhouse
gas emissions. In 2007, the Commission appointed a Climate Protection Task Force, which developed the 2008
Municipal Climate Action Plan and established a goal of reducing municipal greenhouse gas emissions 15%
below 2008 levels by 2020. Subsequently, the City Commission appointed a Community Climate Task Force in
2009 comprised of community stakeholders. The Task Force developed the 2011 Community Climate Action Plan
and established a separate goal of reducing community-wide greenhouse gas emissions 10% below 2008 levels
be 2025. Strategies focus on community engagement, residential and commercial buildings, transportation,
waste, recycling, water, and energy production. City staff and the Bozeman Climate Partners Working Group
have worked to implement the Community plan since its adoption.
The Municipal and Community Climate Action Plans (CAP) are relatively complete, with a large percentage of
measures accomplished or in progress. Successful CAP programs have included commercial and residential
energy efficiency partnerships, municipal building upgrades and LED streetlights, renewable energy
advancements, expansion of the multi-modal network, and execution of a number of land use and waste
reduction policies. Staff continues to work toward the emissions reduction goals by implementing projects
primarily focused on energy efficiency and renewable energy policies, and clean and active transportation.
In 2017, the Bozeman City Commission passed a resolution in support of the Mayor’s National Climate Action
Agenda, a commitment by over 400 U.S. Mayors to uphold the goals of the Paris Climate Agreement. The
current CAP does not reflect new priorities, trends, and emerging technologies. A new plan is needed to define
an emissions reduction target aligned with the Paris Climate Agreement and evaluate long-term reduction
targets. The 2018 City Strategic Plan includes the policy directive to develop a new Climate Action Plan and a
Climate Adaptation Plan.
In May of 2019, the City of Bozeman will complete a year-long Climate Vulnerability Assessment and Resiliency
Strategy, which includes a review of the projected climate change impacts for southwest Montana and offers
strategies and actions to addresses climate change hazards that may affect city facilities.
The proposed Climate Action and Resiliency Plan will use Bozeman’s prior climate studies as a baseline for the
city’s current greenhouse gas emission (GHG) contribution and the city’s vulnerability to climate change: the
2017 Greenhouse Gas Emissions Inventory and the 2019 Climate Vulnerability Assessment and Resiliency
Strategy.
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2. PROJECT GOALS AND OBJECTIVES
The development of the Climate Action and Resiliency Plan has three primary goals: alignment of our emissions
reduction goals in accordance with the Paris Climate Agreement, the creation of an actionable project
implementation and policy-making guide, and the inclusion of stakeholders’ participation in shaping Bozeman’s
response to climate change. The Plan will include new approaches and focus on innovative policies that address
deep decarbonization and resiliency principles. The plan should include a realistic number of actionable and
impactful steps, with corresponding metrics, that the City can take to reach an ambitious reduction goal.
3. SCOPE OF SERVICES AND TIMELINE
The City is seeking proposals that generally reflect the scope outlined below. Consultants are encouraged to
suggest refinements and innovative methodologies that ultimately achieve the City’s goals and objectives.
a) Project Team
The City of Bozeman is seeking a Consultant Team that demonstrates excellent understanding of climate change
and climate change planning, technical expertise in urban planning and municipal climate change mitigation and
adaptation, expertise in creative and effective community engagement, and knowledge of our community and
region. Acknowledging that solutions will need to be implemented by, or with support from, city government,
community and stakeholders, multi-jurisdictional collaboration, higher levels of government and outside
entities, the Consultant should demonstrate expertise in zoning and municipal codes, state regulations in
Montana, public utility regulation, Investor Owned Utilities, and the federal policy landscape.
City staff will co-lead the development of the Plan with the Consultant. The Consultant Team’s primary role is to
provide technical expertise, support stakeholder engagement, and develop innovative materials.
The Plan will be developed with participation and input from:
• City departments, including but not limited to the City of Bozeman Departments of Public
Works, Community Development, Economic Development, Parks and Recreation, and Finance
• Regional partners and potential collaborators, including county and state representatives,
utilities and owners of infrastructure, businesses, and academic institutions
• Working groups and advisory boards composed of interested community members and local
technical expertise
• Bozeman residents and stakeholders
b) Content Structure
The Climate Action and Resilience Plan will be structured to provide integrated, actionable solutions in key topic
areas with the greatest opportunities for mitigation and adaptation:
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• Buildings
• Energy
• Green Space & Natural Systems
• Utilities & Infrastructure
• Transportation
• City Assets
• Community Development
• Consumption & Waste
Climate equity, as well as human health and well-being, should be embedded in the development of solutions as
key components of the plan.
The mitigation and resiliency strategies will cover the range of actors who are responsible for Bozeman’s climate
goals:
• City Government: projects, policies and programs that the City can implement
• Community and Stakeholders: activities, practices, and suggested projects for residents,
businesses, institutions, and other stakeholders in the Bozeman community
• Advocacy Outside Bozeman: desired policies and resources that are controlled by higher level
of government and outside entities, and for which the City and community can advocate
c) Project Tasks
i. Plan Integration
The project should begin with a review of existing planning documents, including, but not limited to the
following:
• Municipal Climate Action Plan (2008)
• Community Climate Action Plan (2011)
• Municipal Greenhouse Gas Emissions Report (2012)
• Community Greenhouse Gas Emissions Inventory (2018)
• Climate Vulnerability Assessment and Resilience Strategy (2019)
• City of Bozeman Strategic Plan (2018)
• Bozeman Community Plan (2019 draft)
• Community Housing Needs Assessment (2019)
• Bozeman Transportation Master Plan (2017)
• Integrated Water Resource Plan (2013)
• Drought Management Plan (2017)
• Downtown Bozeman Improvement Plan (2019)
• Bozeman Economic Development Strategy (2017)
• Bozeman Urban Forestry Management Plan (2016)
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• City of Bozeman and Montana State University Stormwater Management Plan (2019)
• Bozeman Parks, Recreation, Open Space, and Trails (PROST) Plan (2007)
• NorthWestern Energy Electric Supply Plan (2019 draft)
An analysis of state and regional programs should be performed to avoid redundancy, identify strategic
partnerships, and determine the appropriate role for Bozeman in the next phase of climate action.
ii. Visioning and Emissions Reductions Goal Setting
The Consultant will support the City in developing mitigation and adaptation goals and a vision that will
guide the plan. The Consultant will provide technical assistance modeling emissions reductions targets
and help to define and select measurable short- and long-term targets for achieving goals based on
baseline studies and stakeholder vision. The Consultant will provide advice to the City on the project
organization and planning process, as well as compile, analyze, and document stakeholder input on the
goals and vision for the Plan.
iii. Develop Technical, Programmatic and Advocacy Solutions
The Consultant will take the lead on developing integrated climate mitigation and adaptation solutions
that are tailored to Bozeman and informed by existing plans, technical expertise and analysis,
institutional knowledge, best practices from other cities, input and collaboration with City staff, and
input from the community. Most of this task can be completed off-site, but will require some in-person
meetings in Bozeman and frequent collaboration with city staff and stakeholders.
The Consultant Team will be responsible for the following subtasks:
• Lead the technical research and analysis on defining the specific solutions that will make up the
Plan based on the content structure identified in 3.b.
• Analyze and help refine solutions proposed by the City and other members of the project team.
• Provide research, analysis, and recommendations on the technical, political, and financial
feasibility of solutions.
• Provide an analysis of each identified solution based on environmental, human health, social
equity, and local economic benefits.
• Identify where solutions align with Bozeman’s Strategic Plan.
• Compile and analyze stakeholder input on solutions.
• Work closely with the City to identify a set of solutions that will be included in the Plan and
develop descriptions of each solution.
• Work with the City to prioritize short-and long-term actions and programs based on feasibility
and impact.
• Develop and provide technical information necessary for decision-making on proposed
solutions.
• Develop implementation strategies for the Plan, including timeline, approximate cost and
staffing requirements, potential funding sources, and the responsible party.
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• Establish performance monitoring guidance and strategies for tracking progress on
implementation.
The project schedule should include adequate time for internal Project Team review and public
comment on the draft plan.
iv. Stakeholder Engagement
The Consultant will support the City in planning, designing, and facilitating engagement with
stakeholders. City staff is prepared to lead a portion of stakeholder meeting, but we anticipate that the
essential Consultant Team members should be available for approximately four on-site meetings as
outlined below. The proposal should detail a stakeholder engagement plan and identify which tasks are
appropriate and/or desirable for City staff to complete.
The Consultant is expected to be responsible for the following subtasks:
• The Consultant will create materials for communication and engagement.
• The Consultant will support the City in planning and design of two public meetings with
community and City stakeholder groups. The Consultant will attend the meetings and present,
support facilitation, and be available for note taking. The meetings will be focused on the
following topics:
o Hold at least one community forum focused on visioning and goal setting to solicit
feedback to inform the development of the Plan. The Plan will be designed to reflect the
community’s suggestions and ideas.
o Hold a community forum to present the draft Plan to solicit feedback before the plan is
finalized.
• The Consultant will provide recommendations to the City on how to market and communicate
the Plan and the planning process within the City, with the public, and other audiences.
• The Consultant should be available to attend and present at approximately two meetings with
the City Commission.
v. Document, Website, and Communication Materials Production
The Consultant will be responsible for the majority of communication and report materials including
graphics, webpage content, presentations, and final plan and summary documents.
The Consultant will be responsible for the following subtasks:
• The Consultant, with input from the Project Team, will design and produce a report that is
accessible and useful for the public, local nonprofits and businesses, elected officials, and city
departments. The report will include, at a minimum:
o Inventory and annotation of relevant Bozeman plans and existing sustainability
initiatives.
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o Description of the planning process.
o Description of Bozeman’s climate change goals and explanation of why planning for
climate change is necessary.
o Characterization of the climate change projections and current emissions profile based
on the most recent studies.
o Analysis of climate vulnerabilities and GHG emissions to determine priority of
intervention strategies.
o Description of the city’s goals and visions for addressing climate change.
o Description of technical, programmatic and advocacy solutions.
o Implementation strategy for the proposed solutions.
• The Consultant will coordinate with city staff to prepare graphical representations of data and
information, including GIS, wherever possible. The report should use maps and creative visuals
to increase user-friendliness and reduce text. Graphics will also be designed for use on City
websites and community outreach materials.
• The Consultant will develop communication materials that City staff will use to solicit
participation in the meeting and may be asked to create presentations and visuals to aid
communication and engagement at meetings and throughout the planning process.
• Prepare draft report for comment and revision by the City and other members of the Project
Team.
• Prepare draft report and summary report for public comment.
• Prepare final report and summary report for City Commission adoption.
• Prepare website content for the Plan that minimally includes the goals, solutions, and
implementation timelines. Content will be hosted on the City of Bozeman website.
d) Additional Services
• Alternate 1. Emissions Inventory Assistance
The City maintains internal greenhouse gas emissions inventories, but may wish to seek technical
assistance and review from the Consultant to update municipal and community emissions during the
first stage of the project.
e) Timeline
The project will commence immediately upon successful contract completion. The project should be
substantially completed by August 2020.
4. SPECIFICATIONS/REQUIREMENTS
The City is seeking a Consultant that has experience completing climate change plans for other municipalities
and has demonstrated an ability to analyze existing information and propose tailored solutions for municipalities
based on their unique conditions. The City is seeking a Consultant that is familiar with Bozeman, or able to
become familiar with Bozeman during the project, and able to meet periodically in Bozeman. The City is looking
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for a Consultant that has technical expertise, but is also willing and able to creatively problem solve to develop a
Plan that is designed specifically for Bozeman’s needs. The Consultant should be capable of producing both
sound analyses and high-quality reporting materials.
The City of Bozeman will have completed a Climate Vulnerability Assessment and a Community GHG Inventory.
These reports will be used to provide the baseline for the Plan. The City seeks a Consultant whose approach is
both efficient and appropriately scaled to the planning-level analysis of the Plan. The City of Bozeman expects all
analyses, data, original graphics, and editable copies of all written reports to be turned over the City at the
completion of the project. No portion of the Plan will be proprietary.
a) Consultant Capabilities
The Consultant is expected to assemble a team that provides technical expertise in all of the topics identified in
Section 3.b and the tasks described in Section 3.c. Expertise and specialization related to utility engagement,
renewable energy planning, and adaptation strategies is desirable. The team must possess excellent graphic
design and communication skills that will be dedicated to this project and must have expertise in community
engagement, preferably with regard to climate change planning.
5. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL
a) Submission Requirements and Instructions
All requirements in this section are mandatory. The City reserves the right to waive any non-material
variation.
• Submit one (1) original proposal package and three (3) copies, under sealed envelope, by mail or
hand-delivery to the address provided.
• Each submission must be marked on the outside with the Company’s name and the name of the
project.
• Any proposal received after the deadline will be returned to the proposer unopened.
• Proposals and required attachments shall be submitted as specified and must be signed by
officials authorized to bind the proposer to provide the services.
b) 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:
Title Page
The title page shall include the firm/individual name, address, contact, telephone number and
email address to contact for information regarding the RFP. The title page must bear the
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signature of an authorized representative of the Consultant and designate, by name, not more
than two individuals authorized to sign agreements with the City on behalf of the Consultant.
Executive Summary
This section shall provide an overview of the RFP and the Consultant’s understanding of the
City’s needs. Emphasis should be placed on the Consultant’s expertise in the subject area of the
Project. The summary should also include any points the Consultant wishes to highlight, as well
as any relevant conditions or restrictions.
Firm/Individual Profile
This section shall provide a profile of the firm/individual including the number of employees and
their locations. Brief resumes shall be provided for each key project individual. Any proposed
subcontractors should be clearly identified and their profiles described. The percentage of total
time key staff people (e.g. project manager, implementation staff) will devote to this project
should be listed. A complete list of local government clients shall be provided including all
Montana local governments. Key staff may not be replaced once a contracting firm has been
selected without prior approval of the City.
Describe the ability of the prime firm and its team to provide on-demand, in-person, and cost-
effective support to the City.
Scope of Project; Price Proposal
This section will describe how the Consultant will complete the tasks identified in the Scope of
Work, including rates for each task.
Related Experience with Projects Similar to the Scope of Services
Provide case studies featuring prior work for each core area of professional services as
delineated in the Scope of Services. The case studies should demonstrate the depth of
experience of the proposing firm and their team. Please include a sample report, graphical and
online communication materials that demonstrate consultant capabilities.
Proposed Schedule
This section shall include the Consultant’s schedule for completion. Work will begin upon the
approval of a contract between both parties and will continue according to the schedule
established as part of the final Scope of Work.
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Present and Projected Workloads
Describe the firm’s current major projects and, if possible, affirm that the firm can
accommodate the project anticipated by the Scope of Work.
Recent and Current Work for the City of Bozeman
List projects completed for the City of Bozeman over the last 5 years.
Affirmation of Nondiscrimination (see Attachment 1)
Non-completion of the Affirmation of non-discrimination is cause for disqualification of firms.
The City reserves the right to require the submittal of additional information that supplements or explains
proposal materials.
6. REQUEST FOR PROPOSALS AND PROJECT SCHEDULE
EVENT DATE/TIME
Request for Proposals Issue Date Sunday, April 21, 2019
Publication dates of RFP Sunday, April 21, 2019
Sunday, April 28, 2019
Sunday, May 5, 2019
Deadline for submission of questions Wednesday, May 08, 2019 at 5:00 PM
Deadline for receipt of proposals Tuesday, May 14, 2019 at 4:00 PM
Evaluation of proposals complete Monday, May 27, 2019
Interviews (if necessary) and Selection of
Consultants
TBD
Anticipated Contract Award Friday, June 07, 2019
Est. Contract Commencement Date Tuesday, June 25, 2019
Est. Project Completion July 28, 2020
Est. Contract Completion August 27, 2020
7. 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 should be directed to: Natalie Meyer,
Sustainability Program Manager (406) 582-2317, nmeyer@bozeman.net
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8. SELECTION PROCESS AND RANKING CRITERIA
A Consultant selection committee consisting of key city staff will evaluate all responses to the RFP that meet the
submittal requirements and deadline. Submittals that do not meet the submittal requirements or deadline will
not be considered. The review committee will rank the proposals and may arrange interviews with the finalist(s)
prior to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection committee
representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the
written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the "Request for
Proposals.”
The final scope of work will be negotiated with the successful proposer.
a) RANKING CRITERIA
Proposals will be evaluated on the following criteria and the requirements of MCA 18-8-201 et seq:
• [5 points] Executive Summary
• [45 points] Qualifications of the Firm for Scope of Services, Proposed Scope of Project,
and Price Proposal
• [30 points] Related Experience with Similar Projects
• [5 points] Availability and Responsiveness of the Firm
Ability of the prime firm and its team to provide on-demand, in-person, and
cost-effective support to the City
• [10 points] Present and Projected Workloads
• [5 points] Recent and Current Work for the City of Bozeman
9. 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.
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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 2 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.
Projects under any contract are subject to the availability of funds.
a) 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.
10. 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 Consultant.
11. EMPLOYMENT RESTRICTION AND INDEMNITY
No person who is an owner, officer, employee, contractor, or consultant of a Consultant shall be an officer or
employee of the City. No rights of the City’s retirement or personnel rules accrue to a Consultant, its officers,
employees, contractors, or consultants. Consultant 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 Consultant shall save and hold the City harmless with
respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings,
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worker’s compensation and occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each Consultant’s officers, employees, contractors and
consultants.
12. 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.
13. 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.
14. MISCELLANEOUS
All prospective Consultants 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 no later than May 8, 2019 at 5pm. 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.
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.
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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
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Attachment 2 – Form of Professional Services Agreement
THIS AGREEMENT is made and entered into this _____ day of ____________, 201__, 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 Exhibit “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 Services: 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,
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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 post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid
weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal
place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both
skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non
Construction Services in effective and applicable to Gallatin County, Montana which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the
requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the
Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records
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during the term of this Agreement and for a period of three (3) years following termination of this
Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the services
under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the
applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any type
arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps
Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor
shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as
to permit the services to continue at no additional cost to City.
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 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
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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;
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• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a sixty (60)
day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be terminated
or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and the
Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to
Contractor’s Fault”). The City may then take over the work and complete it, either with its own
resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
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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,
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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 James
Goehrung as the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to other
designated City personnel or agents as listed above and may receive approvals or authorization
from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the purpose
of this Agreement shall be _____________________ or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and charges
in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal of
hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor 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-
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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
subcontractors 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.
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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: In the event it becomes necessary for either Party 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.
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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 FOR SIGNATURES ****