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HomeMy WebLinkAboutCity of Bozeman Entryway Corridor Design Guidelines - FINAL RFP Request for Proposals for Professional Services FY 2016 – FY 2017 Page 1 of 26 Request for Proposals PROFESSIONAL SERVICES TO UPDATE THE ENTRYWAY CORRIDOR DESIGN GUIDELINES Proposals must be received no later than: Email AND Deliver proposal per RFP criteria to: Pearl Michalson, Deputy City Clerk PO Box 1230 121 North Rouse Ave Suite 202 Bozeman, MT 59771 agenda@bozeman.net NOTICE IS HEREBY given that the City of Bozeman is requesting proposals with anticipated schedules and preliminary cost estimates to update the City of Bozeman’s Entryway Corridor design guidelines, also known as the Design Objectives Plan. All statements of qualifications must be in the format specified, enclosed in a sealed envelope and clearly identified with RFP title, company name and due date. Deliver proposals via email at agenda@bozeman.net or to the City Clerk at the following address PO Box 1230, 121 North Rouse Ave, Suite 202, Bozeman, MT 59771 by Friday, April 29th 2016 @ 5:00 p.m. It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. Friday, April 29, 2016 @ 5:00 pm Request for Proposals for Professional Services FY 2016 – FY 2017 Page 2 of 26 DISCRIMINATION 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. Failure to comply with the above shall be cause for the City to deem the submittal non- responsive. The City of Bozeman is required to be an Equal Opportunity Employer DATED at Bozeman, Montana, this ___ day of _____, 2016 Pearl Michalson Deputy City Clerk For publication on: Sunday, April 3rd, 2016 Sunday, April 10th, 2016 Request for Proposals for Professional Services FY 2016 – FY 2017 Page 3 of 26 INTRODUCTION A. Background Information Montana is known as the “Treasure State” because of its rich mineral reserves and its mountains have yielded fortunes in gold and silver since the first substantial deposits were discovered in the mid 1800's. Another nickname for Montana is "Big Sky Country," made popular by a Montana State Highway Department promotion in the 1960's (originating from a book by Alfred Bertram Guthrie Jr. titled Big Sky). The City of Bozeman, Montana (“the City”) is home to Montana State University, the county seat for Gallatin County, and Montana’s fourth largest municipality. Bozeman is also the fastest growing community in Montana. Between 2000 and 2014, the City’s population increased from 27,590 to 41,660 persons, an increase of 14,070 persons or 51 percent. In 2015, the Bozeman Yellowstone International Airport continued its trend as Montana’s busiest airport and 1,021,155 passengers flew into and out of the facility, an increase of 5.6 percent from 2014. The City of Bozeman is growing as it strives to maintain its mission as The Most Livable Place. Many of the applications for development require design review per the City’s Unified Development Code and associated Design Objectives Plan. The City of Bozeman Community Development Annual Report for 2015 can be read at: http://www.bozeman.net/Smarty/files/ae/ae73645c-e8a5-46c0-8f4d- 2ef8b9ac5f4a.pdf. Bozeman is renowned for its natural beauty, world class fishing, skiing, abundant recreational opportunities, and a gateway to Yellowstone National Park. Bozeman is the regional commercial center for much of south central Montana with regional shopping mall, numerous national retailers, and a vibrant main street. Bozeman Deaconess Hospital, Montana State University, along with city, county and federal governmental agencies are the major employers. The state’s unadjusted unemployment rate is approximately 4.1 percent while Gallatin County’s is approximately 3.1 percent (January 2016). The City is governed by a City Commission/City Manager form of government. The City Commission is made up of four members plus a mayor that serves as the head of the City Commission. The City Commission appoints a City Manager to oversee the City’s eight departments. Additional information regarding the City of Bozeman may be obtained at: http://www.bozeman.net B. Project Overview The City of Bozeman is requesting proposals from qualified professional consultants (“Consultant”) to evaluate, make recommendations on and conduct a comprehensive revision of the Entryway Corridor Design Guidelines (entitled Bozeman Design Objectives Plan, and referred to herein as “Design Guidelines”). The revision shall be consistent with the requirements of the Unified Development Code (UDC) in Chapter 38 of the Bozeman Municipal Code (BMC), and pursuant to continued implementation of the Growth Policy known as the Bozeman Community Plan, adopted in 2009. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 4 of 26 The UDC covers a diverse range of topics, including zoning, subdivisions, and wetland and permit review procedures—in addition to design standards for various districts. Article 17 of the UDC describes the intent, purpose and application (criteria, standards and review procedures) for Entryway Corridor provisions, and these overlays are designated on the City’s official zoning map. The current Entryway Corridors constitute an overlay district in Bozeman that spans a significant portion of the City’s infrastructure, particularly for commercial activity and associated collector and arterial traffic. The corridors apply either 330 (Class 2) or 660 feet (Class 1) from the centerline of certain streets and are generally comprised of: • Interstate 90 and Interstate 90 frontage roads (CI) • US 191 west from Ferguson Road (CI) • 19th Avenue north of Durston Road (some residential portions are defined as Class II) (CI) • Oak Street between N 7th Avenue and N 19th Avenue (CI) • N 7th Avenue from I-90 to Oak Street and US 10 from the I-90/N 7th interchange west to the city boundaries (CII) • N 19th Avenue south of Durston Road and S 19th Avenue from Main Street to southern city limits (CII) • East and West Main Street (CII) • Main Street west from N 7th Avenue to Ferguson Road (CII) • Rouse Avenue and Bridger Canyon Road from Tamarack north (CII) • Oak Street west from N 29th Avenue to the east edge of Rose Park (CII) • Oak Street east from N 7th Avenue to Rouse Avenue (CII) The intent of the overlay district is to ensure high quality development along the City’s Entryway Corridors, including visual enhancements that make welcoming and lasting impressions for both visitors and residents. The accompanying Design Objectives Plan or Design Guidelines as described here, were originally adopted in 1992 to define a special set of regulations for properties located wholly or partially within the corridors. The Design Guidelines provide qualitative standards that are used to evaluate development proposals for the purpose of achieving a quality of design superior to what would have otherwise been required. They are intended for new development and for exterior changes to existing properties; a Certificate of Appropriateness (COA) is required for any new development or exterior changes—other than repainting and repair—to existing properties. The Design Guidelines thus support the UDC‘s implementation, particularly the requirement to perform administrative design review and/or preparation of staff reports for application for review by the Design Review Board, Community Development Director and the City Commission. The Design Guidelines have served the City well through highlighting examples of best practices, providing direction to street edges and visual preferences, and recommending the maximization of both community value and values at the regional system, neighborhood unity and connectivity, site plan function, and building design levels. They also delineate criteria that are unique to each individual corridor. This is a tiered yet integrated flow of design. Examples of some current design guidelines are: A) Make building entrances clear and highly visible; B) Encourage varied building massing to break down the scale of large buildings and complexes; C) Make pedestrian movement Request for Proposals for Professional Services FY 2016 – FY 2017 Page 5 of 26 safer, more convenient and more appealing; and D) Soften large expanses of asphalt with clusters of vegetation. Development of the guidelines requires the engagement of diverse stakeholders, including through public input opportunities. The last substantial revision to the existing Design Guidelines content was published in February 2005. A variety of strategic, tactical, and sometimes piecemeal changes in the UDC have occurred since then and a phased comprehensive update of the UDC is underway through 2017 (see Code Update, bozemancodeupdate.com). This project to update the Design Guidelines represents a concurrent initiative, and upon completion, it will be integrated with the base code. As such, the Design Guideline revisions will need to align with the UDC update, which includes proposed amendments specific to the current entryway corridor designations and guidance. The Community Development Department also seeks to effect an overall vision of making the City’s documentation more user-friendly through the simplification of language, reduction of ambiguous wording, and making content easier to understand for non-building professionals. For example, it is possible in some places to use eliminate duplication of criteria and replace paragraphs of text outlining specifications with quick-reference tables or conceptual images. The purpose of this project is to revise the Design Guidelines as a practical tool that manifests both current and future quality of life, positive visitor experience, lasting economic development, sustainability, and beauty of form in the built environment along Entryway Corridors. The update shall be consistent to and integrated with the City of Bozeman’s traditions of character, while also refreshing expectations of the community for adaptable and high-quality development, as expressed in the Community Plan. Overall City planning for inner boundaries and regional arteries are trending toward an increased flexibility and mix of uses as growth transitions from a more suburban to urban context. To shepherd this transition, priority alignment between the UDC and Design Guidelines is anticipated to focus on: • urban renewal and high-quality infill development • thoughtful greenfield development • fostering increased density and mixed used development, including through block frontage, building height and setback, and parking amendments to requirements • integration of new North 7th (Midtown) Corridor zoning provisions • promotion of Comprehensive Plan goals around diverse and affordable housing • franchise architecture • compliance with changes to State law • support of sustainability with related best management practices (BMPs) ranging from stormwater management and water use to lighting, land use linkage, and multimodal transportation planning (especially to increase walkability), and • additional factors associated with the cultivation of vibrant districts. Related objectives for the 2016 Design Guidelines revision include a baseline evaluation of the existing Design Guidelines in terms of strengths and weaknesses (what has been working well or not) and opportunities to streamline content as through absorption into other policy and code (i.e., concurrent UDC update). The final update is aspired as a dynamic and readily updated document Request for Proposals for Professional Services FY 2016 – FY 2017 Page 6 of 26 that: incorporates City staff and community feedback, as derived through implementation of a formal public engagement plan; overhauls illustrative examples for current best practices in community design, planning and infrastructure; and fosters user-friendliness as through integration of in-text references to supporting policy and standards from the City of Bozeman and beyond, where applicable. SCHEDULE Event Date/Time Consultant Selection Publication Dates of RFP Sun., April 3rd 2016 & Sun. April 10th 2016 Last Day for Questions/Clarifications Thurs., April 14th 2016 Deadline for Receipt of Proposal Fri., April 29th 2016 Evaluation of Proposals Mon., May 2nd - Fri. May 10th 2016 Finalist interviews Wed., May 18th- Wed. May 25th 2016 Negotiation of Scope and Fee Tues. May 31st - June 3rd 2016 Contract award and Notice to Proceed Fri. June 3rd 2016 Request for Proposals for Professional Services FY 2016 – FY 2017 Page 7 of 26 Sample Implementation Schedule Guidelines Evaluation & Stakeholder Input June - July 2016 Draft(s) of Updated Guidelines June - September 2016 Updated Guidelines - Final Review October – November 2016 Adoption of Updated Guidelines December 2016 COMPLETION: Project is anticipated to begin June 6, 2016 and desired to be completed by November 21, 2016. CONTACTS Any administrative questions regarding submittal procedures should be directed to: Pearl Michalson, Deputy City Clerk (406) 582-2321; agenda@bozeman.net. Questions relating to scope of services and project management may be directed to: Rebecca Owens, Associate Planner (406) 582- 2297; rowens@bozeman.net LAST DAY FOR QUESTIONS The last day to submit questions to the Department of Community Development is Thursday, April 14th, 2016 @ 5 pm. This will allow sufficient time for any addenda to be issued by the City to all bidders. All questions must be submitted in writing via email to the Department of Community Development at rowens@bozeman.net All RFQ questions and related answers will be posted to the City’s website for review by potential consultants interested in the project. AWARD OF CONTRACT The City reserves the right to reject any and all proposals, to contract work with whomever and in whatever manner the City decides, to abandon the work entirely and to waive any informality or non-substantive irregularity as the interest of the City may require and to be the sole judge of selection process. The City also reserves the right to negotiate separately in any manner to serve the best interest of the City. The City retains the right at its sole discretion to select a successful vendor. The preliminary budget for this project is approximately $38,000 and the City reserves the right to expand or contract the Scope of Services as it deems necessary. Cost is not included in Consultant selection criteria. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 8 of 26 SELECTION PROCESS AND RANKING CRITERIA A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and arrange interviews with the finalist prior to selection. Proposals will be scored based on the following criteria and associated weightings: • Thoroughness and understanding of the tasks to be completed (15%) • Specific background and experience of the firm in providing design review, analysis and guideline development services as relates to municipal development codes, public engagement and user-friendly communications (15%) • Expertise and overall experience of personnel assigned to the work (20%) • Schedule and time required to accomplish the requested services (10%) • Responsiveness to requirements of the project (including City policy alignment and streamlining, practical references, sustainable standards, innovation opportunities, public engagement and overall advancement of community vision and objectives) (20%) • Public sector experience in municipal settings (15%) • Experience in the City of Bozeman and ability to respond quickly on-site (5%) DISCRETION AND LIABILITY WAIVER The City reserves the right to exercise discretion and apply its judgment with respect to all proposals submitted. The City reserves the right to reject all proposals, either in part or in its entirety, or to requests and obtain, from one or more of the consulting firms submitting proposals, supplementary information as may be necessary for City staff to analyze the proposals. The City may elect to award a contract in multiple phases, as is deemed to be in the City’s best interest. Should the City award projects in phases, the City reserves the right to award the phases to the same firm. The consultant, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. Although, it is the City’s intent to choose only a small number of most qualified consulting teams to interview with the City, the City reserves the right to choose any number of qualified finalists. This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP or to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and public records Request for Proposals for Professional Services FY 2016 – FY 2017 Page 9 of 26 and, as such, may be subject to public review. All content submitted as work product in fulfillment of contracted services following from this RFP is permitted for reuse by the City in associated public engagement and future updates to this specific product, as subject to source attribution where appropriate. 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 the RFP, all interested firms will be notified using email. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL 1) Submission Requirements and Instructions - All bidder requirements in this section are mandatory. The City reserves the right to waive any non-material variation. a) ELECTRONIC. Proposers must submit response via email ONLY to this address: agenda@bozeman.net. The electronic response shall be provided as two separate PDFs: a single combined PDF of submittal content items a) through g) identified below, and a separate PDF for item h), the cost proposal. AND HARDCOPY. Submit one (1) original, signed proposal package AND four (4) complete additional copies of the proposal, by mail or hand-delivery to the address shown on the front of this RFP. Note that the primary submittal content and cost proposal outlined in section #2 below shall be submitted in two separate sealed envelopes. Each submission must be marked on the outside with the Company’s name and the name of the project. Postmarks are NOT acceptable. Any documents or submittals received after the schedule closing time for receipt of submittals will be returned unopened. b) Proposals and required attachments shall be submitted as specified and must be signed by officials authorized to bind the bidder to the provisions. 2) Submittal Outline and Content - Assemble and submit each submittal in the order below and address the required content/questions. The order in which items are presented is important, as evaluators will follow this order: a) Table of Contents b) Cover Sheet. This sheet will serve as the cover of your proposal. c) One-Page Project Summary. Begin with a brief summary of the proposal. This summary should concisely describe the applicant’s design guideline philosophy in Request for Proposals for Professional Services FY 2016 – FY 2017 Page 10 of 26 terms of the effective outcomes targeted by this project, services to be provided, and proposed plan of implementation. d) Company Description/Capability (not to exceed 3 pages) 1) Brief history of the company that includes the date of establishment and examples of relevant prior work and current customers of similar attributes to the City of Bozeman. 2) Describe your experience and capacity to manage projects of the size and scope proposed. 3) Describe firm ability to respond to timely review of proposed projects e) Informational content 1) A list of project team members and their professional profile/credentials/experience. 2) Specific assignment of project team roles f) References (minimum 3; specifically in local/municipal/county/state agencies) 1) Name of agency 2) Contact name to include: title, phone number and email 3) Population of jurisdiction 4) Project start and completion date 5) Brief summary of project g) Outline of Services (refer to Scope of Services) 1) Include a proposed project schedule. h) Cost 1) Provided cost proposal in a separate PDF and separate sealed envelope from the above content in criteria a) through g). 2) Present a specific “not to exceed” fixed fee, including associated fees (i.e. printing costs, attendance at meetings, travel). 3) Estimates of cost will not be used for selection and will not be seen by the selection committee. 4) If the consultant/firm feels that additional tasks are warranted, they must be clearly identified in the proposal. The City reserves the right to require the submittal of additional information that supplements or explains proposal materials. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 11 of 26 SCOPE OF SERVICES 1) Overall Objectives - The Design Guidelines update process and final deliverable shall:  Address strengths and weaknesses of the existing guidelines  Identify new best management practices in (corridor-area) design  Highlight new and existing priority practices more effectively  Update Entryway Corridor characterizations, including recent revisions to districting  Streamline content including through integration with the updated UDC  Update references to City of Bozeman facility plans and similar relevant content  Improve formatting to facilitate illustrations and annotations within the text and provide clarity for all users  Advance overall community expectations for excellence in design and development 2) Consultant Requirements A. Project Timeline & Tasks - Include dates, milestone descriptions, participants, submittal formats and travel/logistic/material needs, wherever possible, for: i) anticipated City staff and related stakeholder meetings and presentations, including project kick-off ii) formal public participation process, including specific methods and rationale iii) updated Design Guidelines draft(s) submittal, including proposed changes specific to each Entryway Corridor iv) updated Design Guidelines final submittal v) any other deliverables recommended by the Consultant (note: if the Consultant feels that additional tasks are warranted, they must be clearly identified in the proposal). B. Correspondence i) The Consultant of record will be expected to check in with City Staff on a monthly basis, in written form, to review progress on the project prior to payment of any project invoices. ii) All major milestone work products, including preliminary working drafts of the updated Design Guidelines, shall be shared by the Consultant with the City planning staff at least 14 working dates prior to any public hearing or meeting with the City Commission. Both of the following electronic submittal formats are required and shall be emailed to rowens@bozeman.net: Request for Proposals for Professional Services FY 2016 – FY 2017 Page 12 of 26 (a) 1 editable version (e.g., Word and/or InDesign; an alternative software format may be proposed with City staff concurrence); AND (b) 1 PDF version. C. Final Work Product - Upon adoption of the 2016 Design Guidelines update by the City Commission, the Consultant will prepare a final version with the date of adoption prominently displayed on the front cover and throughout the document to distinguish it as the official document from other versions. This product shall not be subject to copyright; all work submitted will become property of the City of Bozeman. The final updated Design Guidelines and any associated content shall be provided by the Consultant to the City planning staff in all of the following formats. Electronic versions shall be emailed to rowens@bozeman.net. (a) printed documentation in the form of 2 hardcopy versions (printed double- sided); (b) 1 fully editable version (e.g., Word and/or InDesign; an alternative software format may be proposed with City staff concurrence); AND (c) 1 PDF version. Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA, documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader friendly. Accessible documents are often part of web-based information or used for support documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is critical to ensure all support documents made available to end users can be accessed by people with disabilities. Therefore, any digital material created for the City of Bozeman and its websites will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508 "Electronic & Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility Guidelines, and ADA Title II State & Local Government nondiscrimination requirements. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 13 of 26 City of Bozeman Staff Participation and Support A. Review existing documents and provide these materials to the consultant at the time of notice to proceed. a. Staff evaluation of successes and deficiencies of existing Design Guidelines. b. Staff identification of UDC and comprehensive plan text, goals, objectives, and policies applicable to Design Guidelines; provide listing of relevant articles in Chapter 38 to the Consultant. c. Review sample files that have applied Design Guidelines to assess efficacy. d. Suggested revisions and updates to regulatory elements in the Design Guidelines that may be more appropriate to the UDC. e. Identify any specific attributes desired for the final document. f. Identify amendments/new information that would be desired from the Consultant for development. B. Drafts a. Coordination and outreach in Bozeman for public access to and review of documents. b. Identification of staff suggestions for necessary elements of good design and which elements may be mandatory and which are desired. c. Suggestions of staff for more objective process and how it might be integrated with proposed UDC updates. d. Receive and organize all comments for forwarding to the Consultant and City Commission. May include responses to comment when appropriate. C. Meetings and site visits a. Coordinate scheduling of Consultant visits with staff and officials. b. Provide materials to meeting participants in advance for review. c. Arrange for materials such as meeting room reservations and resources necessary for site investigation. d. Meet with consultant for discussion either in-person or virtually, including for the project kick-off and final draft review meetings. e. Conduct solicitation of public input and facilitate all public workshops including public notices related to Design Review Board meetings. D. Work Product a. Review drafts and make necessary duplications and distribution for review by others. b. Review public input, ensure public distribution of drafts, prepare staff reports as needed. c. Receive final draft and process for adoption followed by necessary duplication and distribution in printed and electronic form, including public notices related to Resolution of Adoption for the revised Design Guidelines prior to Zoning Commission and City Commission meetings. d. Support Laserfiche or Sharepoint content management tool and/or City network system for the project collection and long-term catalogue of examples (image files, etc.) associated with the Design Guidelines update. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 14 of 26 *THIS DOCUMENT MUST BE COMPLETED, EXECUTED AND SUBMITTED WITH THE PROPOSAL FORM* THE REPRESENTATIVES MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY AUTHORIZED AGENT FOR YOUR COMPANY. SUBMITTED BY: COMPANY NAME: ADDRESS: CITY: STATE: ZIP: TELEPHONE: EMAIL: SIGNATURE: (Authorized Agent) NAME: (Please Print) TITLE: DATE: NOTE: If proposer is a corporation, the legal name of the corporation shall be set forth above, together with the signature of authorized officers or agents; if bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partnership; and if bidder is an individual, his signature shall be placed above. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 15 of 26 SAMPLE PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2016, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services detailed in the City’s Request for Proposals and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution [and will terminate on the _____ day of ______________, 201__. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in a Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Request for Proposals for Professional Services FY 2016 – FY 2017 Page 16 of 26 Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, Request for Proposals for Professional Services FY 2016 – FY 2017 Page 17 of 26 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 an expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnities’ which would otherwise exist as to such indemnities’. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnity described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnity 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 indemnity for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed Request for Proposals for Professional Services FY 2016 – FY 2017 Page 18 of 26 hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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 Request for Proposals for Professional Services FY 2016 – FY 2017 Page 19 of 26 to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly Request for Proposals for Professional Services FY 2016 – FY 2017 Page 20 of 26 waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _________________ (insert job title) or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to James Goehrung as the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 21 of 26 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-Contractors providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 22 of 26 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. Request for Proposals for Professional Services FY 2016 – FY 2017 Page 23 of 26 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Request for Proposals for Professional Services FY 2016 – FY 2017 Page 24 of 26 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chris Kukulski, City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Request for Proposals for Professional Services FY 2016 – FY 2017 Page 25 of 26 Statement of Non-discrimination – Attachment 1 Each entity shall include a provision requiring submitting entity to affirm 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 recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or proposer’s employees and to all subcontracts. (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 recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or bidder’s employees and to all subcontracts. Name and title of person authorized to sign on behalf of submitter Request for Proposals for Professional Services FY 2016 – FY 2017 Page 26 of 26 Additional Background Information – Attachment 2 The current Zoning Ordinance can be reviewed on the Municode website: https://www.municode.com/library/mt/bozeman/codes/code_of_ordinances The current Entryway Corridor Design Guidelines (Bozeman Design Objectives Plan) can be reviewed at: http://www.bozeman.net/Smarty/files/4d/4d52b513-5a00-4bb7-b44a- 41240dc7ef4f.pdf Proposed Entryway updates are posted to the following website as part of the Unified Development Code update project. Refer in particular to the “Documents” section and therein linked design, zoning, text amendment and map documents with titles related to “Midtown…” and “Entryway Corridor…”: http://www.bozeman.net/Projects/UDCCodeUpdate/Home Bozeman’s others plans and policies can be found at this link: http://www.bozeman.net/Departments-(1)/Planning/Plans-and-Planning