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HomeMy WebLinkAbout2021-03.Parks-Rec-Trails-Plan.RFP - for LaserficheRequest for Proposals (RFP) Comprehensive Parks, Recreation, and Active Transportation Plan City of Bozeman Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 agenda@bozeman.net February 2021 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan TABLE OF CONTENTS i Table of Contents NOTICE .......................................................................................................................................................... ii REQUEST FOR PROPOSALS ............................................................................................................................ 1 INTRODUCTION ................................................................................................................... 1 PROJECT DESCRIPTION ........................................................................................................ 2 PROJECT LOCATION ............................................................................................................ 5 SCOPE OF WORK ................................................................................................................. 5 PROPOSAL REQUIREMENTS ................................................................................................ 5 TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS ...................................................... 8 AMENDMENTS TO SOLICITATION ....................................................................................... 8 CONTACT INFORMATION .................................................................................................... 8 SELECTION PROCEDURE ...................................................................................................... 8 SELECTION CRITERIA ........................................................................................................... 9 FORM OF AGREEMENT ....................................................................................................... 9 CITY RESERVATION OF RIGHTS / LIABILITY WAIVER ........................................................... 9 MISCELLANEOUS ............................................................................................................... 10 ATTACHMENTS .................................................................................................................. 11 ATTACHMENT 1: NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ................................................. xii ATTACHMENT 2: PROFESSIONAL SERVICES AGREEMENT ..........................................................................xiii ATTACHMENT 3: PLANNING AREA MAPS .................................................................................................. xxv ATTACHMENT 4: SCOPE OF WORK ............................................................................................................ xxx ATTACHMENT 5: SUPPLEMENTAL GRANT INFORMATION .................................................................... xxxvi Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan NOTICE ii NOTICE NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals for professional services from qualified firms to update its comprehensive parks, recreation and trails plan and develop a new active transportation plan. The purpose of this plan is to create an overarching document that assesses and makes recommendations to provide for sufficient parkland, trails, and recreation/ aquatics programs and facilities for Bozeman citizens. It will also guide the expansion of these essential services as the community grows and changes. The recommendations in the plan will be based on an updated review of community needs and priorities and may result in the revision of local development code requirements, procedures, and criteria. The work will also be used to analyze and make recommendations regarding the role of the parks, recreation, and active transportation systems in fulfilling the goals of recently adopted and applicable City of Bozeman plans and guiding documents or professional, industry metrics. Lastly, the plan will make recommendations and craft supporting documents to improve the efficacy of department tasks, including master park plan review, individual park site plan review, and recreational programming, cost-recovery and marketing. The work to complete all required elements will be in conjunction with City of Bozeman professional staff and partner organizations. Consultant responsibilities are describe in the request for proposal including background research and analysis of relevant state and local laws, policies and plans; participation in the creation and implementation of a public outreach and engagement plan adaptable to changing travel and assembly guidelines due to the coronavirus disease; needs assessment and community goal, objective, and priority development; assessment of the level of service of existing parks, recreation and active transportation systems and services; implementation/policy recommendations for improving both the City’s recreational program offerings and the land-use/urban design components of the park system, including natural areas and the active transportation network. Copies of the Request for Proposals are available on the City’s website at https://weblink.bozeman.net/WebLink/Browse.aspx?id=233953&dbid=0&repo=BOZEMAN. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by 3:00 p.m. April 16, 2021. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan NOTICE iii NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material (see Appendix A). Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFP should be directed to: Addi Jadin, Parks Planning and Development Manager, (406) 582-2908, ajadin@bozeman.net. DATED at Bozeman, Montana, this Wednesday, March 3, 2021. Mike Maas City Clerk City of Bozeman FOR PUBLICATION ON: Sunday, March 7 Sunday, April 4 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 1 of 11 REQUEST FOR PROPOSALS INTRODUCTION The City of Bozeman, with an incorporated population approaching 50,000, is one of the fastest growing micropolitan areas in the country. There are high rates of development in both infill and edge locations in the City and outside of the City limits as well, with high rates of employment growth in both. Bozeman is the home of Montana State University, is a major gateway to Yellowstone National Park, and is served by Yellowstone International Airport which has the highest annual boardings in the state. The Parks and Recreation Department manages approximately 77 parks within the City of Bozeman and 67 miles of trails. The parks and trails fall within over 200 parcels and total about 900 acres. Not all of the parkland is fully developed including about 40 acres of the Bozeman Sports Park awaiting ground cover and roughly 100 acres of lakes, ponds, streams, and wetlands. The Department also manages 4 recreational/cultural buildings, 2 aquatic facilities, pavilion reservations, 35 user groups and approximately 50 special events in parks annually. The Parks Division has 16 full-time employees, 17 short-term and 3 seasonal workers (21 FTE) and the Recreation Division has 2 full-time, 5 part-time and 7 seasonal employees (5 FTE). Another 6 full-time, 10 part-time, and 16 short-term employees (14 FTE) make up the Aquatics staff. Aquatics manages 90,000 visits annually and 20 varied activities. The Parks Division is funded through a Parks and Trails District and the Recreation and Aquatics Division is funded through the General Fund. The City of Bozeman’s current Parks, Recreation, Open Space and Trails (“PROST”) Plan was adopted December 17, 2007. As in 2007, Bozeman’s parks and recreation programs and facilities continue to be identified by residents as essential to the City’s quality of life. Because of this continued community support, two major funding priorities of the PROST Plan have been carried out over the last decade: 1. In 2012, voters approved a $15 million Trails, Open Space and Parks (TOP) bond program which has leveraged over $15 million in outside funding, increased parkland by 145 acres, and expanded 3 miles of trails so far; 2. In 2020, amidst the pandemic, Bozeman residents voted overwhelmingly in favor of passing the Parks and Trails District to solve deferred maintenance, provide a dedicated funding source for park maintenance and operations, and to establish basic standards for parks and trails maintenance across the City. And City staff are currently exploring the colocation of a new aquatics and recreation center with a library facility that, if approved, would complete a significant facility expansion long- overdue but with relevance for decades to come. The 2007 PROST Plan and its Trails Map provided excellent guidance for creating an outstanding number of trails and paths throughout the community, largely through subdivision development. Most neighborhoods are fortunate to have gravel or natural surface trails close by and the City’s paved pathway network has been expanding thanks to their prioritization Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 2 of 11 within the Bozeman Transportation Master Plan (TMP). The network is often fragmented, however, due to the prioritization of cars, changing development code requirements, and lack of wayfinding. Perhaps more significantly, the objectives of the PROST Plan regarding trails are not always synchronized with the TMP and implementation of the two documents is managed and funded by two different departments. The vision, mission and guiding principles in the 2007 PROST Plan are as relevant today as they were then. However, as in the national dialogue within the parks and recreation profession, the importance of racial equity, inclusion and environmental sustainability to the City of Bozeman is now well-documented in policy and planning documents. Efforts are underway within the City organization to assess and address these issues and it is expected that this update process continue the discussion as it relates to the Parks and Recreation Department and the Scope of Work. In addition to those themes, there are topics relevant to the plan update process within other recently adopted plans. The City of Bozeman’s Strategic Plan notes that active recreation is an integral part of a safe, welcoming community and that connected parks and trails are integral to the City’s high-quality urban approach to planning and a sustainable environment. The City Commission and City Management have mandated that major projects strive to meet the goals of the City’s Strategic Plan. In addition, the City has recently adopted an updated growth policy, the Bozeman Community Plan 2020 (BCP), and the Climate Action Plan which give further direction on major themes to be explored. For the purposes of this Request for Proposal (RFP), the word “parks” shall be understood to include the City’s active and passive parks, linear parks, urban pocket parks, and natural spaces including watercourses, wetlands or other scenic buffers. “Recreational programming” includes the formally organized, free or fee-based services provided by the Recreation and Aquatics Divisions or partner organizations within city parks and facilites including youth athletics and camps, adult fitness, aquatics, and other cultural programming and events. “Active Transportation” is meant to describe the use of both recreational and commuter trails. “Trail” is used broadly to mean all types of routes used for walking, running, biking or moving with personal mobility devices whether within parks, on-street, along streets or on private lots with public easements. PROJECT DESCRIPTION A.Plan Purpose and Objectives The purpose of this plan is to create an overarching document with the goal of providing for sufficient parkland, trails, and recreation programs and facilities for Bozeman citizens. The plan will guide the expansion of these essential services as the community grows and adapts to changes of demographics, climate and recreational trends. This plan is expected to update our existing framework for developing and managing the City’s parks, recreation, and active transportation systems to ensure alignment with adopted City priorities such as equity, inclusivity and environmental sustainability—along with community-identifed values identified during the outreach and engagement process. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 3 of 11 The recommendations in the plan will be based on an updated review of community needs and priorities and may result in the revision of local development code requirements, procedures, and criteria established in accordance with Sections 76-3-621 and 76-2-304, Montana Code Annotated, and rules and requirements for parks in new developments located in Chapter 26 and Division 38.420, respectively, of the Bozeman Municipal Code. The work will also be used to analyze and make recommendations regarding the role of the parks, recreation, and active transportation systems in fulfilling the goals of recently adopted and applicable plans and guiding documents. Lastly, the plan will make recommendations and craft supporting documents to improve the efficacy of department tasks, including master park plan review, individual park site plan review, and recreational programming, cost-recovery and marketing. Specifically, this plan will be used to: •Clarify and communicate community priorities and needs including community understanding of key terms; •Communicate about professional assessment and recommendations and obtain feedback from the stakeholders and decision-makers; •Establish policies for parks including critical habitat and natural resources, recreation, and the active transportation system of the City; •Guide development proposals and individual park site plans by providing the basis for policies and/or regulatory requirements such as park size and siting requirements, park and facility design standards, and specifications for park features such as site furnishings, utilities, and surfacing; •Recommend updates or revisions to aforementioned regulatory requirements and policies; •Illustrate and address level of service imbalance within the system based on community-defined priorities; •Prioritize the expenditure of public funds for land acquisition, development/expansion, and maintenance of recreational lands and facilities; •Guide the Recreation Division’s program development including ongoing evaluation, cost structure, and marketing; •Provide specific recommendations for implementation. It is envisioned that the Active Transporation Plan will serve as an addendum to the Parks and Recreation Plan and the 2017 Transportation Master Plan. The document will be a significant step forward in ensuring that the visionary goals within the Bozeman Community Plan 2020 are met, particularly Theme 5 which outlines goals, objectives, and actions for “a City that prioritizes accessibility and mobility choices” and Goal DCD- 3: “Ensure multimodal connectivity within the City”. As identified in the Climate Action Plan’s engagement feedback, it is assumed that Bozeman would be able to achieve 26% of residents choosing to walk, bike, carpool, or use transit. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 4 of 11 The Active Transportation Plan will be used to achieve such goals and harmonize the recreational and commuter trails systems by: •updating classifications and specifications for recreational and commuter trails; •establishing priorities for improving or expanding different trail segments; •incorporating recreational and commuter trail segements into a comprehensive active transportation network; and •guiding the funding, management, and maintenance of the active transportation network. This effort is to be coordinated with the Gallatin County Triangle Trails Plan and the work of community trail partners to envision a truly regional network of interconnected, well-marked, trails. B. Planning Process The work to complete all required elements will be in conjunction with City of Bozeman professional staff and partner organizations. Consultant responsibilities will specifically include the tasks outlined in the Scope of Work (see Section IV and Attachment 4). Firms shall commit to participating in an extensive community engagement process including internal City staff and partners in other community organizations and institutions. More details are provided in Attachment C – Task 2 and Attachment 5 which has details about a Safe Routes Partnership grant awarded to a local partner to assist in the community engagement process. The Planning process will not only collect relevant data and provide recommendations, it will also be used to educate the public about key issues of relevance. The entire process, including meetings, consultant visits, and engagement activities must be adaptable to changing travel and assembly guidelines due to the coronavirus disease. C.General The updated plan is expected to be presented in an attractive format using photographs, graphics, maps, and web-based platforms where appropriate. The City of Bozeman understands that one firm alone may not be able to complete all of the components of the analysis. With this in mind, the City will accept proposals from a collaboration of more than one firm as long as one firm is the lead and partner firms are subcontracted by the lead firm. This RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The City reserves the right to accept or reject all responses received as a result of this RFP if it is in the City’s best interest to do so. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 5 of 11 Staff and committee notes on the existing plan will also be provided upon selection of a consultant team. PROJECT LOCATION The project area is the City of Bozeman, MT and its growth and planning area outside of the City’s limits as depicted in Appendix 4: Planning Area Maps and as described in the Bozeman Community Plan 2020: Bozeman’s Planning Area is generally the area of the City’s future municipal water and sewer service boundary. It includes the City of Bozeman as well as a half-mile to two-mile area around the City in the Gallatin County jurisdictional area. The Planning Area is nearly 70.8 square miles. The City’s current footprint is 20.9 square miles. Much of the area within the planning area and outside of the City has already been developed. The Planning Area boundary also overlaps with that of the nearby City of Belgrade. SCOPE OF WORK The specific work to be undertaken by the successful firm for the comprehensive master planning process is described in Attachment 4: Scope of Work, and respondents should include in their proposals how they will lead the completion of this work. The work described is considered to be the minimum required to complete this process. In their submittals, firms should propose additions or edits to this scope that lend to the best process and outcomes. Following the firm selection process, a meeting will be held with the successful firm to negotiate the final scope of work and a contract for services (Attachment 2: Professional Services Agreement), including discussion about ongoing adjustments of Covid-19 protocols. Therefore, the City of Bozeman reserves the right to make revisions to the final scope of work. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. For co-Respondents, please include information for all firms responding. A.Title Page The title page shall include the name of the firm(s), address(es), contact(s), telephone number(s) and email address(es) to contact for information regarding the proposal. The title page must bear the signature of authorized representative of the Respondent and designates, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. B.Executive Summary This section shall provide an overview of the proposal and the Respondent’s understanding of the City’s needs. The summary should also include any experience the Respondent wishes to highlight, as well as any relevant conditions or restrictions. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 6 of 11 C.Firm Profile & Project Personnel Provide information about firm(s), including: 1.Location, number of employees, and ownership. 2.Describe the firm’s history. Include information on how many years the firm has worked in this topic area. Identify the firm’s annual volume of business, and speak to the firm’s current workload. 3.Describe the firm’s familiarity with the local Bozeman community, ability to understand the associated challenges existing within the community context and incorporate them into a comprehensive planning strategy for the project. 4.Brief resumes shall be provided for each key project individual (no longer than one page) and description of their availability to contribute including approximate hours per month. Any proposed subcontractors should be clearly identified and their profiles described. 5.Primary contact information for each firm including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). D.Experience If more than one firm is included in the response, specify which firm brings the relevant experience as requested in items 1-6. If all firms have relevant experience in a given item, each firm may provide a response. 1.Describe firm’s experience performing a comprehensive parks and recreation planning process similar in scope and demonstrate a working knowledge and understanding of the necessary procedures to successfully complete all aspects of this work. 2.Describe firm’s experience performing an active transportation planning process similar in scope and and demonstrate a working knowledge and understanding of the necessary procedures to successfully complete all aspects of this work. 3.Describe firm’s approach to ethical data governance, including collection, usage and storage, and proficiency ensuring the process does not inadvertently perpetuate inequities. 4.Demonstrate firm’s experience crafting engaging and visual representations of data. E.Scope of Proposal 1.Provide a detailed narrative of the services proposed if awarded the contract per the Scope of Services described in Attachment 4. Describe the methodology and framework for data collection, community engagement, data analysis, visual/geospatial data reporting, and development of equity indicators. Include assumptions used and the limitations of the analysis. 2.Describe the methods and technical tools used to reach and include community members. Touch on relevant experience conducting inclusive and accessible community engagement virtually or modified to account for COVID-19 safety precautions. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 7 of 11 3.Describe the methods and timeline of communication you will use with the City’s Project Manager and other parties including anticipated site visits. 4.Provide an outline of the schedule for completing tasks. Include deliverable milestones. 5.Include a description of the software and other analysis tools to be used in data collection, analysis, data visualization and reporting. 6.Identify what portion of work, if any, may be subcontracted. F.Budget The secured budget for this proposal is $156,000. The City has an additional $8,000 for direct costs to the project and a local partner has received a grant to support public engagement activities using the Safe Routes to Parks Action Framework (see Attachment 5 for more information). Along with a local partner, the Gallatin Valley Land Trust, the City has also applied for $50,000 to support creation of a city-wide wayfinding plan. This element is described as an Add Alternative to be incorporated into the Active Transportation Plan if the award is received (see Attachment 5 for grant details). Applicants are invited to submit proposals with the tasks prioritized to aid the City in working together with the selected firm to identify and implement core tasks within the budget available for this project. In your response to this proposal, please provide the following: 1.Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, firm, including the time required for meetings, conference calls, etc. 2.Cost by Task: Provide the cost of each task identified in the Scope of Proposal section detailed by employee/job position and number of hours. Provide a total not to exceed figure for the Scope of Proposal. Price all additional services/deliverables separately. 3.Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for sub-consultants, if used, shall be included. 4.All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. G.References Please provide name and contact information for at least three references for similar projects completed in the last three years. H.Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 8 of 11 TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Sunday, March 7, 2021 Sunday, April 4, 2021 Deadline for receipt of questions 5:00 p.m. on Wednesday, March 31, 2021 Deadline for receipt of proposals No later than 3:00 p.m. April 16, 2021 Evaluation of proposals completed by April 23, 2021 Interviews and Selection of consultants completed by May 7, 2021 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by 3:00 p.m. MST April 16, 2021. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is Wednesday, March 31, 2021. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Addi Jadin, Parks Planning and Development Manager, ajadin@bozeman.net, (406) 582-2908. SELECTION PROCEDURE 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. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 9 of 11 The review committee will rank the proposals and arrange remote video interviews with the finalist(s) prior to selection. The selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman and several partner organizations. 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.” SELECTION CRITERIA Proposals will be evaluated by a Selection Committee who will individually score them out of a total of 100 possible points based on the criteria and scoring below: Maximum Points Criteria: 30 Project team qualifications and demonstrated competencies with similar projects 25 Project approach, content and capacity (strategy and timeline to complete the project considering other workload, agility) 20 Experience creating innovative public engagement methods and responding to changing conditions 15 Understanding of community context 10 Presentation of proposal FORM OF AGREEMENT The selected firm will be required to enter into a contract with the City in substantially the same form as the professional services agreement template provided as Attachment 2. CITY 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. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. 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 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 10 of 11 up to 60 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. 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. 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. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. 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 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 11 of 11 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. D. 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. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. ATTACHMENTS The following exhibits are incorporated in this RFP: ATTACHMENT 1: NON-DISCRIMINATION AFFIRMATION ATTACHMENT 2: PROFESSIONAL FEE TABLE ATTACHMENT 3: PLANNING AREA MAP ATTACHMENT 4: SCOPE OF WORK ATTACHMENT 5: SUPPLEMENTAL GRANT INFORMATION Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xii ATTACHMENT 1: NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xiii ATTACHMENT 2: PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of ___________, 202_ ("Effective Date"), 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." The City and Contractor may be referred to individually as "Party" and collectively as "Parties." 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 Effective Date and will expire on the ____ day of _________, 202__, unless earlier terminated in accordance with this Agreement. 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 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xiv 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 the 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, Montana Code Annotated (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 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xv 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, 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 effect 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 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 tum 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. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xvi 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by la w, 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 intentional 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 City as 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 the City 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 City 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 City for a claim(s) or any portion(s) thereof. In the event of an action filed against the 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. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xvii Contractor also waives any and all claims and recourse against the City, 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 [City's] own fraud, for willful injury to the person or property of another, or for violation of la w, 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 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. 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 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 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 thirty (30) day notice of cancellation or non-renewal. Contractor sha11 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. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xviii 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 actua11y rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the 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 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xix 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 clai m, 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 and Notices: 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 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 designated by the City in writing 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 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xx direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party's address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party's Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 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 and Equal Pay: 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. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxi Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 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 its 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 the 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 of any default or breach by the other Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxii 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 including the City Attorney's Office staff. 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. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxiii 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 herein 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. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. 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**** Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxiv IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA __________________________________ CONTRACTOR (Type Name Above) By__________________________ By _____________________________ Jeff Mihelich, City Manager Print Name: _____________________ Print Title: ______________________ APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxv ATTACHMENT 3: PLANNING AREA MAPS IN T E R S T A T E 9 0 H W Y S 19TH AVE COTTONWOOD RD S 3RD AVE FR O N T A G E R D DURSTON RD GOOCHHILLRDHUFFINE LN STUCKY RD BAXTER LN W SOURDOUGH RD S 11TH AVE W M A IN ST E VALLEY CENTER RD W BABCOCK ST W OAK ST DAVIS LN B R I D GER CANYONRD WCOLLEGE ST E MAINSTN ROUSE AVE B R I D GER DR SWILLSONAVEGRAF ST EKAGYBLVD GOLDENSTEIN LN FRONT A G E R D City of Bozeman Planning Area 0 2 41Miles Revised: 10/30/20 City of Bozeman Strategic Services Department ´ Growth Policy Boundary City Limits BOZEMANMT 2020 COMMUNiTY PLAN 7 City of Bozeman Current City Limits (in grey shade) and Growth Policy Boundary (in green) 163,0165.1 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Miles 40 Legend 2 Location 4 AKJ RFP 02/28/2021 Created By: Created For: Date: Current Planning Area and 2007 PROST Boundary Street Names (Major) PROST Plan Boundary Bozeman Planning Area BOZEMANMT 2020 COMMUNiTY PLAN 47 This Diagram is for illustrative purposes, and is conceptual only. Regional Partners BOZEMANMT 2020 COMMUNiTY PLAN 11 IN T E R S T A T E 9 0 H W Y S 19TH AVE FR O N T A G E R D COTTONWOOD RD S 3RD AVE DURSTON RD GOOCHHILLRDHUFFINE LN STUCKY RD BAXTER LN W SOURDOUGH RD S 11TH AVE WM A I N ST E VALLEY CENTER RD S P RI NGHI LLRDW BABCOCK ST W OAK ST DAVIS LN B R I D GER CANYONRD W COLLEGE ST E MAINSTN ROUSE AVE B R I D GER DR SWILLSONAVEGRAF ST EKAGYBLVD GOLDENSTEIN LN FRONT A G E R D Bozeman Community Plan 2020 Context Map 0 2 41Miles Revised: 10/30/20 City of Bozeman Strategic Services Department ´City Limits Growth Policy Boundary Conservation Easements Government & Education Agencies Parcels Up to Twenty Acres City of Bozeman Context Map dsiplaying development inside Growth Policy Boundary Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxx ATTACHMENT 4: SCOPE OF WORK Tasks: A. Project Kick-off and Data Gathering, Background Research, and Analysis The first step in the project will be to work with City staff to confirm roles and responsibilities and finalize the project methodology, scope of services, timeline, and the format and content of deliverables. The Project Kick-off task includes working closely with Parks and Recreation Staff and other City Departments to obtain relevant information and gain familiarity with related studies and policies, including but not limited to the current Parks, Recreation, Open Space and Trails Plan and the rules and requirements for parks in new developments located in Chapter 26 and Division 38.420, respectively, of the Bozeman Municipal Code. The selected firm will be provided with a list of relevant documents, policies and/or summaries of documents and parallel processes underway including a demographic profile. B. Community Outreach and Public Engagement Strategy and Materials This task embarks on the community outreach process, educates the community about relevant issues, and solicits community comment on how the parks, recreation and active transportation systems should be designed to meet the needs of our citizens. Firms shall commit to participating in an extensive community engagement process, in collaboration with internal City staff and partners in other community organizations and institutions, particularly those involved in the Safe Routes to Parks Activating Communities project (see Attachment 5 for project details). Firms will interact with or provide tools for community engagement team to interact with citizens, interest groups and governmental officials in creative, innovative ways to gain understanding and perspective of Bozeman’s parks, recreation and active transportation System and achieve the objectives of this plan, with an emphasis on appropriate covid-19 safety protocols. Consultants and the City will be required to be adaptable to changing travel and assembly guidelines due to the coronavirus disease. In addition to supporting or leading focus group discussions with stakeholders and panel discussions or other events, this task includes identifying and developing methods to distribute project information (website, newsletter, social media, etc.) and other creative outreach methods as proposed. Firms may also support staff and partners in preparing presentations for public meetings with local user groups, City Advisory Boards, and the City Commission as needed and providing meeting summaries. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxi C. Needs Assessment Draft, conduct and analyze a statistically valid survey(s) of Bozeman residents and other stakeholders regarding park and recreational uses and preferences. Provide analysis and report(s) in relation to present and future goals, objectives and directives. Compare existing offerings to those identified by the constituents, the themes of the Strategic Plan and other City documents, and professional recommendations. This comparison helps to determine if the agency provides a sufficiently broad range of cost-effective programs and services that constituents need/want. 1. Analyze accessibility and inclusiveness of Parks and Recreation programs and services (individual and group, all ages and abilities, all income and education levels) and develop a strategy to improve. 2. Identify program and service deficiencies in services offered (active and passive, competitive and non-competitive, seasonal offerings, etc.) and develop a strategy to address them. D. Existing and Future Facilities & Staffing – Analysis for Level of Service Compile a broad assessment of the existing parks, recreation and active transportation systems including programs provided, staffing, and facilities and their location within the City. The analysis should consider the capacity for key features within the system as well as functionality, accessibility, sustainability and other community-identified values. The analysis will also include recommendations for pursuing partnerships where appropriate to meet the community’s needs. E. Recreation Marketing Plan Identify marketing strategies for the Recreation Division to align with the goals and objectives defined in the planning process and the City of Bozeman Strategic Plan. Create social media and other communication strategies that tell the story of the division and maintain our positive reputation and adaptability. Purposes of the marketing plan include promoting services and facility availability, raising awareness about capital projects, and attracting short-term workers. F. Program and Facility Pricing Plan for Cost Recovery Provide a user fee analysis and develop a pricing plan for facilities, programs and services consistent with the City’s cost recovery objectives and future goals. G. Park Design Standards and Specifications The design and specifications will guide development proposals and individual park site plans by providing park siting recommendations, guidelines, and/or incentives, design standards, and specifications for park features such as site furnishings, utilities, and surfacing. The design manual may be accompanied by recommendations for amending the City’s Unified Development Code (Chapter 38 of Bozeman Municipal Code). Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxii Consultants will specifically evaluate existing plan and policy directions on inclusion of critical habitat such as riparian areas within parkland and align with Strategic Plan, Climate Plan, Landscaping/Irrigation recommendations being developed by the Water Conservation Division, and other professional standards. This task includes review of and updates to the parks and recreation classification system, which will assist the City in evaluating the distribution of existing park and recreation facilities, where new parks and facilities should be located, and what features would be appropriate at different types of parks. In addition, the classification system can be used to communicate the types of recreation facilities desired by the community and to establish parameters for the planning and design of new parks and facilities. Identify best practices for park system management and programming in accordance with National Recreation and Park Association recommendations and published industry standards. Identify responsibilities of the City's Parks and Recreation Department relative to these best practices. H. Active Transportation Plan The City of Bozeman has an existing Trails Map that is reviewed and updated in cooperation with a community partner on a relatively regular basis; however, the trail information and map must be extended to the urban growth boundary and coordinated with the Triangle Trails Plan in progress. A trail conditions assessment is currently underway, managed by the GIS Department. The existing Trails Map is primarily recreation-influenced. Recommendations and specifications for trails as part of a transportation system fall within the Transportation Plan and the Engineering Divisions street specifications. With the creation of an Active Transportation Plan (AT Plan), the City will establish key policies, definitions and recommendations to assess and improve the system holistically. The AT Plan will address wayfinding, maintenance standards, system completion, design standards, and funding for maintenance and infill improvements. Existing trail classifications and design standards must be updated to reflect community needs and demand and to unify the definitions in Parks and Recreation planning documents with that of the Public Works Department. 1. Review existing Trails Map and City Trails Inventory, PROST and Transportation Plan definitions and specifications, Triangle Trails Plan (in progress), and relevant State trail planning documents. 2. Identify gaps in trail network and opportunities to enhance and expand the system. Identify where gaps in the trail system exist and locations where specific trail or roadway improvements are necessary based on the citizen survey, land use, location of popular facilities and travel patterns. City will provide GIS files. The selection process should be based on travel demand patterns from either commuting or recreational users based on land use and use of existing trails. 3. Prioritization Criteria. Determine criteria to prioritize recommended improvements in the proposed Active Transportation network. Identify a method of assigning a value Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxiii to each criterion. The prioritization process shall be influenced by public engagement and allow flexibility to vet relevant criteria to determine which are most valued. Present information to relevant boards and the City Commission at a public meeting in order to ascertain values and priorities. Prioritization should be focused on implementation so projects can readily feed into the annual budget process and grant programs for the City. Improvements may be prioritized into groups or categories that facilitate such implementation so phases of projects can be advanced. 4. Develop Vision, Goals and Objectives specific to the Active Transportation Plan and building on already-identified concepts or priorities in other planning documents. 5. Incorporate and introduce industry concepts such as Safe Routes Partnership Framework, Complete Streets, and Walk Score. Analyze existing requirements and make recommendations for the following elements: i. Bike parking, storage and development incentives. ii. Trail cross-sections, details or specifications for all trail facilities iii. Potential funding sources and grant opportunities iv. Others identified by community or consultant. 6. Wayfinding recommendations 7. Add alternative pending grant request: Wayfinding design and implementation plan (see grant summary in Attachment 5) including but not limited to: i. Base mapping and data collection ii. Wayfinding guide and sign placement plan iii. Aesthetic design program including sign specifications iv. Themes and naming recommendations for major routes v. Specific engagement events or materials around wayfinding I. Project Management General Plan Components 1. Project Management The City requests regular progress reports and updates about the process for the website or other media. Describe the frequency with which your firm will provide progress reports, communications, and updates. 2. Plan Components In addition to the tasks outlined within the Scope of Work the following is a description of the general expectations for delivery of drafts and final plan: vi. Conduct public review and planning sessions as required. Prepare agenda and necessary exhibits and materials for meetings. Assist in the preparation of correspondence for neighborhoods, officials, user groups and stakeholders to be notified of meetings and other events or surveys. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxiv vii. Prepare draft(s) and final report and review with Staff. In addition to information previously described in tasks, it is anticipated that the result of all project work will produce the following: 1. Summary and analysis of community priorities, goals and objectives related the to the parks, recreation and active transportation system; 2. Summary of assessment of the delivery of services/park level of service based on community priorities, goals and objectives; 3. Recommendations for improvement. 4. Consultants may include separate supporting reference documents such as, but not limited to, the following: • Park design and specifications manual • Neighborhood and park level of service metrics and recommendations • Critical areas map • Active transportation plan including maps • Marketing plan for recreational programming • Program and facility pricing plan for cost recovery • Funding recommendations for programs and facilities viii. Present or assist in the presentation of draft(s) and final report to the Recreation and Parks Advisory Board and its committees for recommendation to City Commission, revise if needed. Present or assist in the presentation of draft(s) and final reports to City Commission for approval and adoption. 3. Mapping and Graphics of Analyses and Recommendations The City of Bozeman is requesting a strong graphics and mapping component for all analyses to be included in the report. Baseline GIS data is available from the City. Analyses and recommendations should always include graphic depictions and mapping whenever possible and appropriate. The selected firm will be provided with a list of preferred formats for receiving documents, maps, data and images. 4. Alignment with Existing Plans and Documents and Coordination with Parallel Processes Review and make relevant connections to the City of Bozeman Strategic Plan and City of Bozeman Guiding Documents including but not limited to the Bozeman Community Plan 2020, Transportation Plan, Climate Action Plan and Urban Forestry Plan. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxv Coordinate with parallel processes underway such as the Triangle Trails Plan, Equity Indicators and Gaps Analysis data collection process, Drought Tolerant Landscaping revisions to the Unified Development Code. Identify key points of alignment or misalignment and facilitate discussions with staff, Commissioners, and the public, as appropriate. The selected firm will be provided with a list of relevant documents, policies and/or summaries of documents and parallel processes underway. Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxvi ATTACHMENT 5: SUPPLEMENTAL GRANT INFORMATION Awarded: Safe Routes to Parks Activating Communities Grant Award: $12,500 Applicants: Human Resource Development Council (awardee) with Susan Riggs, Groundprint, LLC; Western Transportation Institute; City of Bozeman The main goal of our project is to increase access to parks, trails, and recreation by expanding engagement opportunities in the upcoming citywide parks plan update. A conventional public process typically favors those who have the time and resources to participate. Parallel to this trend, locally, are those who say that the City should simply require less parkland during a housing crisis; thus, unproductively pitting one community value against another. It is time to break this cycle in our City and bring new voices to the table. The Safe Routes to Parks grant will help HRDC and the City, along with other partners, demonstrate that livable, healthy communities incorporate both housing and non-automotive transportation infrastructure in a way that makes parks accessible to all residents. Applied for: Montana Tourism Grant Program Request: $50,000 Applicants: Gallatin Valley Land Trust (awardee); City of Bozeman The City of Bozeman (City) and Gallatin Valley Land Trust (GVLT) seek to plan, create and install a comprehensive wayfinding system on its 80-mile “Main Street to the Mountains” trail system. Specifically, a grant from the Montana Office of Tourism would be used to hire a consultant to professionally plan elements of wayfinding that will enhance user experiences along the trail system and encourage exploration of the parks, natural areas and commercial centers around town. A professionally designed wayfinding plan will guide design and construction of signage along existing trail routes and will help direct future trail planning efforts. Elements of wayfinding likely to be incorporated include thoughtful planning of information kiosks, directional signage and orientation maps, junction and confirmation signs, mile markers, pavement markings and gateway monuments. Wayfinding will help both residents and visitors find longer trail routes for recreation opportunities and allow for safer, easier commuting. Proper wayfinding will also increase brand awareness and identity of the “Main Street to the Mountains” trails. Safe Routes to Parks Activating Communities Welcome Packet ● Last Updated 2/2/2021 3 Introduction The Safe Routes to Parks Activating Communities program is an initiative of Safe Routes Partnership funded by The JPB Foundation that provides seven communities with in-depth technical assistance and grant funding to increase safe, equitable park access. Safe Routes to Parks is a movement to make great parks safer and easier for people to access by walking, bicycling, and taking public transportation, especially in low-income communities and communities of color, where less investment has gone into the routes to and the amenities in parks. The coronavirus pandemic and the latest chapter of the civil rights movement that have characterized most of 2020 have simultaneously underscored the benefits of safe, accessible outdoor spaces and emphasized that racial equity must play a central role in Safe Routes to Parks and all active transportation advocacy. One element of a thriving, equitable community is that people can safely and conveniently access well-maintained, well- programmed parks and open spaces. Safe places to walk, bike, and connect with nature directly contribute to a community’s physical, mental, and social well-being. In 2017, the Safe Routes Partnership, in collaboration with the National Recreation and Parks Association, developed the Safe Routes to Parks Action Framework to guide advocates through the process of assessing park access, planning improvements, implementing changes, and sustaining the work. Engagement is at the center of that process. Community members, as the local experts on their neighborhoods, are essential to the process of project selection, design, and implementation. Partnering with community leaders acknowledges the wisdom and assets that communities hold and can be the first step toward rectifying past and ongoing injustices built into our communities by racist land use and capital investment policies and practices. These decisions and policies, whether they intended to marginalize people of color or did so by neglecting to engage the people affected by these decisions, have led to poor health outcomes; less access to safe, high-quality public spaces; decreased physical activity; and higher rates of traffic-related injuries and fatalities among low-income communities and communities of color. Collectively, we have the opportunity and responsibility to create conditions that enable all people to thrive, where residents can build on their communities’ strengths to address the changes they want to see, and public resources can support their vision. Over the long term, with increased safety and accessibility, Safe Routes to Parks seeks to increase park usage and improve health and wellbeing for people of all ages, races, abilities, and income levels. The goal of this document is to provide information, resources, and guidance for you to get started on your Safe Routes to Parks efforts. Safe Routes to Parks Activating Communities Welcome Packet ● Last Updated 2/2/2021 4 Program Timeline The program duration is from February 3 2021 to September 30, 2021.  Monthly: o Check-in calls: Safe Routes Partnership will schedule monthly or twice- per-month calls to address questions that may have arisen, check in regarding progress developing the Action Plan, and identify specific technical assistance needs. Safe Routes Partnership is available by phone and by email between calls for additional technical assistance and guidance. o Peer learning calls: These optional group calls will cover topics that are relevant to all of the program participants. This is an opportunity to learn about what other communities in the program are working on, share expertise, and build comradery.  February 2021: Individual orientation calls to determine your technical assistance needs and develop an initial plan and timeline for project activities.  February 10, 2021: Group orientation/Framework training (virtual)  March 3, 2021: Equity training (virtual)  March – September 15, 2021: Work with Safe Routes Partnership staff to co- plan/host a workshop/training with Safe Routes Partnership staff contingent upon the coronavirus pandemic status (Safe Routes Partnership will pay travel costs).  June 30, 2021: Draft of Safe Routes to Action Plan due to Safe Routes Partnership for collaborative review and feedback (Plan does not have to be fully complete at this point)  September 30, 2021: Final Safe Routes to Parks Action Plan due to Safe Routes Partnership and early action completed  October 15, 2021: Final report due to Safe Routes Partnership Safe Routes to Parks Activating Communities Welcome Packet ● Last Updated 2/2/2021 5 Grantee Deliverables As part of its commitment to the success of the program, Safe Routes Partnership will assist and monitor the activities and outcomes of your project. Grantees will be responsible for the following:  Designate a lead staff person as the point of contact for the program  Participate in the group orientation/framework training, equity training, and initial orientation call with the Safe Routes Partnership team  Participate in ongoing technical assistance engagement with a minimum of one check- in call per month with Safe Routes Partnership  Participate in evaluation of the program, including, but not limited to survey and/or interview completion with external evaluator  Collaborate with Safe Routes Partnership to plan and coordinate an in-person technical assistance visit for Safe Routes Partnership (travel expenses paid by Safe Routes Partnership) before September 15, 2021. This visit is an opportunity for Safe Routes Partnership to deliver a training, co-facilitate community engagement meetings, assist with implementation activities, and provide in-person technical assistance based on the current project needs. Please note that this will depend on the status of the coronavirus pandemic. A decision can be made based on conversations between the grantee, grantee community, and Safe Routes Partnership on whether this site visit will be replaced with an in-depth virtual alternative.  Develop a Safe Routes to Parks Action Plan (including two sustainability recommendations) with assistance from Safe Routes Partnership by no later than September 30, 2021. To keep the development of the plan on track, we request the opportunity to review a draft of the plan (does not need to be complete) by June 30th, 2021. This helps us identify opportunities to strengthen the development of your plan part-way through the program period.  Complete at least one implementation activity (“early action”) as identified in the Action Plan by September 30, 2021.  Submit a final report no later than October 15, 2021. This should include a narrative describing how grant funds were used to accomplish the Safe Routes to Parks planning process and implementation activity or activities, including the total amount expended.