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REQUEST FOR PROPOSALS (RFP)
2022 UNIFIED DEVELOPMENT CODE OVERALL UPDATE
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
April 2022
I. INTRODUCTION
The City of Bozeman (Owner) is seeking proposals from firms to undertake an update to the City’s
land development regulations.
The Owner intends to enter into a contract with the selected firm that will include organization
of the regulations, updates to comply with a newly adopted comprehensive plan, and updates to
advance other community priorities as established in adopted specific topic plans.
This RFP shall not commit the Owner 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 Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. 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 Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
Project Foundation
With an eye toward maintaining a vigorous and healthy community and supporting future
affordable and equitable growth, the City seeks to implement its recently adopted Bozeman
Community Plan 2020 and other supporting specific topic plans. These plans include an
underlying theme of environmental and economic sustainability and generally address the
health and wellness of the community.
The land use regulations, which include zoning districts and procedures, subdivision review
procedures, park and transportation standards, and other generally applicable land
development standards, have been regularly updated. The City is updating its land use
standards and procedures in accordance with the new plan, revised state enabling legislation,
and other identified community priorities and facility planning.
A long standing community priority is to ‘focus inward,’ encouraging new growth in areas of
existing infrastructure, neighborhoods, and public services. The focus inward priority is
balanced with a recognition of external expansion consistent with effective utility and
transportation installation and operation. Focus inward promotes sustainable urban
development and re-use rather than consumption and expansion into open space, agricultural
resources, and natural areas. The City encourages preservation of neighborhoods and
community assets while making more efficient use of underutilized or undeveloped spaces and
appropriate intensification of development. The strategy is aimed at reducing automobile
dominated development which not only helps to improve community health, cost of living,
lower city infrastructure and service costs, but also mitigates the effects of climate change and
lessens use of carbon-based fuels and subsequent greenhouse gas production.
Bozeman has had substantial growth for over 25 years and is now a federally designated
metropolitan area. Bozeman is the fourth largest city in Montana and is a leader in land use
planning. The COVID epidemic has exaggerated existing trends and housing demand is very high
as are housing costs. The City’s existing standards are available on Municode as Chapter 38 of
the municipal code. The City has actively updated its standards over time but seeks to
continuously improve.
Primary objectives of the work are:
• Improve user friendliness including addition of appropriate graphics;
• Reorganization as needed to facilitate presentation of related materials;
• Ensure regulations are consistent with the comprehensive plan and other adopted
planning documents;
• Further development of standards related to sustainability, water conservation,
redevelopment, and affordable housing.
To achieve these objectives, the City is seeking a multidisciplinary team of land use planners,
facilitators, designers, and code specialists with a demonstrated background in innovative
community engagement protocols. The team shall offer expertise in zoning and other land use
regulations, process auditing, national and Montana land use law, transportation, architecture
and design, historic preservation, utility infrastructure, environmental resource protection,
implementation of sustainability initiatives, and community planning including policy
development. The team should offer a strong public communications skill set that emphasizes
effective and productive community engagement with a focus on inclusion.
Applicable Regulations
• The City’s existing Unified Development Code is Chapter 38 of the municipal code. The
City’s UDC has been in place since 2004 and has been regularly updated including a
subdivision review process overhaul to address recent changes in state law.
• Additional development related standards are included in the Engineering Design and
Specifications Manual for transportation, water, and sewer.
• Bozeman is a charter local government and has additional legislative authority but
Montana requires the City to follow state enabling law for building codes, annexation,
zoning, and subdivision processes.
III. SCOPE OF SERVICES
Broadly, the Consultant will:
1. Prepare language to further implement the City’s land use, housing, climate, and facility
planning and other adopted plans. Emphasis is on clear, practical, and achievable
standards which achieve multiple desired outcomes.
2. Reorganize Chapter 38 of the Bozeman Municipal Code for:
a. Flow of reading and simplicity of use by the lay user while maintaining the
necessary regulatory language and structure.
b. Restructure code for greater cross references to other municipal code standards
and connect to outside documents such as administrative rules and processes.
c. Update definitions and ensure consistency across application in Chapter 38.
d. Reorganize the presentation of individual zoning districts so each district has a
consistent and independent “hand out” style construction presenting the
development standards (not procedures) applicable to that district.
3. Review and recommend updates for building heights in non-residential zoning districts
and necessary building design standards to transition to public rights of way and
adjacent less intense zoning districts.
4. Create new zoning districts for greenfield development focusing on a few flexible
districts; and update existing zoning districts for existing development to consolidate
districts where appropriate with a greater focus on form and less on uses.
5. Revise application review processes for more efficient administrative decision making.
Where necessary, create supplemental standards for specific uses or circumstances to
address known concerns. The majority of City development reviews are presently
administrative.
6. Revisions to the zoning map are not included in this scope. However, a description of
how any proposed text will be applied through the zoning map is required.
Expectations of Consultant:
In preparing the above work, the Consultant will:
Connect all recommendations to the requirements of Article 2 of the Montana
Constitution, enabling legislation for zoning (76-2-301 MCA) and subdivision (76-3) MCA,
and the adopted growth policy. This may occur outside of the actual draft text.
Draft language in active voice with clear actor and subject of the text, avoiding jargon
but using necessary regulatory language.
Provide illustrations as needed to aid in understanding and applying the text.
Provide examples of proposed formatting consistent with the City’s code numbering
system and style for review and approval prior to preparation of draft substantive text.
Provide digital files of documents for distribution during the review and comment
phases of the project.
Develop and track project communications including but not limited to meeting notes,
comment reviews and responses, etc.
Provide analysis that summarizes content and provides a succinct summary of review
and approval criteria for various stages of review including in advance of Community
Development Board and City Commission considerations.
Provide modifiable digital files of approved documents and graphics via a mutually
agreed upon file sharing platform.
Provide digital files of the approved UDC in a format as required by the City’s third-party
codification service provider – Municode.
For substantive revised standards or code structures provide 2-3 examples from other
communities along with a description of what purpose the standard was intended to
address and how effective it has been in doing so; with a preference for where the
standard has been in place for at least 3 years.
Focus on development of standards relevant to the needs and character of Bozeman.
Cut and paste standards from other communities will not be accepted.
Completion time of 12 months after notice to proceed is issued for beginning of formal
adoption process is desired. Public review period is expected to require 4-6 months to
complete the adoption process.
The consultant team may suggest additional components as part of the RFP response.
Before proceeding with work tasks, the selected consultant will be required to prepare a
final scope of work and schedule, which will be included in the final contract agreement
to be executed by the City and the consultant.
Role of City Staff
City staff will be available to and engage with the consultant team during the extent of the
project. The City’s Planning Division will be the single primary consultant liaison for the City.
City staff will: provide background information; attend scoping and progress meetings;
contribute technical resources for code amendments; attend and participate in community
engagement efforts; provide document review; and provide production of copies of
documents.
Staff will provide to the selected consultant after the notice to proceed is issued:
• Hyperlinks to relevant City planning documents and state law;
• Status report on the degree to which planning documents have already been
implemented and implementation work presently underway;
• A summary of existing known issues and concerns with suggested corrections including
prior consultant work on affordable housing and historic preservation revisions.
Staff will provide during the course of the project:
• A Microsoft Teams site to enable information exchange and communication between
the City and Consultant.
• Manage the public engagement process in coordination with the selected Consultant;
• Schedule noticing and locations for public meetings and hearings;
• Timely review and comment on draft;
• Prepare the necessary reports for hearings prior to any action by final decision makers;
• Prepare and manage adoption of implementing ordinances.
• Provide a formatting sheet for drafting the actual text consistent with City standards.
• Any amendments to code adopted but not yet codified online or in process. Current
ordinances in development and review include revisions to planned unit development
processes, affordable housing incentives, and modifications on irrigation and
landscaping requirements.
Project budget
The City has provided funding of $225,000 to this project. Additional funding is requested in
fiscal year 2023 to raise overall project budget to $500,000. This amount is inclusive of all
consultant fees, City expenses, and other applicable project fees. Fees and expenses will be
payable over the course of the scheduled work. The City will enter into contract with the
successful firm to complete the full scope of work. As the entire budget is not yet funded, the
City will accept a staged scope of work.
Community Involvement
For this project to be effective, it must include meaningful input from, and involvement by,
community members, business owners, landowners, appointed/elected officials, city staff,
design community, and other stakeholders, with an emphasis on inclusion. The City’s adopted
planning documents establish the core goals and priorities for this work. The community
involvement element will focus on 1) education of the community on the existing established
policy, and 2) targeted input on the proposed regulatory changes to implement the adopted
plans. The City of Bozeman emphasizes participation early, and in every stage of the process,
and will therefore place an emphasis in the selection process on consultants who demonstrate
skill and experience with developing and encouraging creative and effective public
participation. The selected consultant will be responsible for organizing and either leading or
co-leading public meetings and input opportunities with City staff.
The proposal shall include the framework of a community engagement strategy that describes
the following:
• a comprehensive strategy for gathering and responding to input at key points in the
process; and
• creative ideas for obtaining meaningful and relevant public input outside of formal
public meetings.
IV. 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
identifythe item to which the responses applies.
Proposal contents
Submitting firm may update any elements of a-k provided with the initial statement of
qualifications to respond to additional information provided in this RFP. The submitting firm
may choose to submit a single complete package as the RFP.
a. Executive Summary
b. Firm/Individual Profile
c. Scope of Project
d. General and Technical Requirements
e. Related Experience with Projects Similar to the Scope of Services
f. Proposed Schedule
g. Outline of engagement plan
h. Present and Projected Workloads and respective responsibility in the project
i. Recent and Current Work for the City of Bozeman, if any
j. References
k. Training
l. Cost Proposal and Fee Schedule:
1) Estimated proposed fee for completion of the project services with fixed and
additional service fee options.
2) Submit a not-to-exceed cost breakdown of the project, including hourly rates for all
team members including sub consultants, estimated total travel and material
expenses, and any other reimbursable costs as separate line items, for the work
identified by the consultant in the Project Approach section of the proposal
submittal.
3) A list of anticipated reimbursable expenses and the rate charged for each.
4) Any other fees or charges.
Conflict of Interest
The Consultant must disclose in writing any potential conflict of interest to the City in
accordance with applicable City policy. This shall include, but not be limited to, disclosing any
clients that the Consultant has represented in the last five years with development projects
needing City of Bozeman permits or development review approval.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Deadline for receipt of proposals May 9, 2022, 9 AM MST
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
The City reserves the right to modify the above timeline. 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 confirming the
upload, prior to the given deadline.
Deliver RFPs via email to the City Clerk by May 9, 2022 at 9 AM MST. 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
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be sent via email to proposers. The deadline
for questions related to this document is Noon MST on April 29, 2022.
VII. 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: Chris Saunders, Community
Development Manager, (406) 582-2267, csaunders@bozeman.net.
VIII. 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.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• 40 points Qualifications of the Firm for Scope of Services
• 40 points Related Experience with Similar Projects
• 10 points Engagement Plan
• 10 points Cost
X. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Attachment B.
XI. 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 PROPOSALS 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
PROPOSALS AT A LATER DATE.
A. 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.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 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.
C. 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.
D. 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.
E. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F. 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.
G. 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.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that 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,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm 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.
XIII. 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
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.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Attachment A
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