HomeMy WebLinkAbout21- Task Order 6 - DOWL -Downtown Stormwater Trunk RehabD
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EXHIBIT A TO PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT
TASK ORDER #6 - DOWNTOWN STORMWATER TRUNK REHABILITATION
Issued under the authority of Professional Services Agreement between the City of Bozeman (City) and
DOWL, LLC (Contractor) for a range of professional and technical services, including, but not necessarily limited
to, engineering design, preparation of construction documents, project bidding, and construction administration
services for various stormwater improvement projects, as requested by the City through the issuance of
individual and consecutively numbered Task Orders on an as-needed basis.
This Task Order is dated 12th day of January, 2021 between the City and the Contractor.
1.0 PROJECT REPRESENTATIVES:
" City: Kayla Mehrens, Stormwater Program Coordinator " Contractor: Wade Irion, Water Practice Lead
2.0 SCOPE OF WORK:
11 Attached Exhibit A -Task Order #06 -Scope of Services Downtown Stormwater Trunk Rehabilitation
3.0 COMPENSATION:
" The City shall reimburse the Contractor on a Time and Materials basis not to exceed $76,600.
•The Contractor shall invoice once monthly for services provided in the prior month.
4.0 WORK GOVERNANCE:
11 The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and Exhibits or Attachments to this Task Order shall govern the Work.
5.0 SIGNATURES:
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order:
CITY OF BOZEMAN, MONTANA (CITY)
By: Jeff Mihelich
Title: City Manager
Signature: ___________ _
APPROVED AS TO FORM:
By: Greg Sullivan
Title: City Attorney
Signature: ___________ _
Stormwater Design Professional Services Agreement Page J 1
DOWL, LLC (CONTRACTOR)
By: Wade Irion
Title: Water Practice Lead
Signature il�:_
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Page 1
Task Order #06
Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Introduction
As identified in the City of Bozeman (City) Stormwater Capital Improvement Plan, the City is moving forward with
the Downtown Trunk Line Rehabilitation Project (Project). The alleyway stormwater mains were constructed in
the early 1900s and is a critical component of the downtown stormwater conveyance system. The stormwater
mains to be rehabilitated under this project are located within the alleyway between Main Street and Mendenhall
Street, beginning at N. Rouse Ave. and extending west to N. Tracy Ave. The stormwater mains consist of 27-inch
to 35-inch diameter cylindrical brick pipe with numerous active and inactive building service lines.
In August 2020, DOWL provided the City with a rehabilitation alternative analysis report (“Report”) for the Project.
The report identified two (2) recommended in-situ rehabilitation methods to improve the hydraulic capacity and
structural integrity of the Downtown Stormwater Main. Upon further discussion with the City, Cured-In-Place Pipe
(CIPP) was identified as the preferred pipe rehabilitation method.
The following scope of services is for the design and development of construction documents and supplemental
construction administration services necessary for the installation of CIPP liner. The Project will generally consist
of the installation of approximately 1,320 lineal feet CIPP, reinstatement of service connections, and minor
improvements to five (5) stormwater manholes. During construction of the project, it is assumed that the City of
Bozeman will provide Project Management and will be responsible for construction administration tasks including:
Bidding and Contract Negotiations
Hosting the Pre-bid and Pre-construction Meetings
Reviewing Construction Schedules
Providing Public Outreach and Coordination with Property Owners
Administering Recommended Change Orders and Work Change Directives
Processing Applications for Payment
Managing Liquidated Damages (if Necessary)
Issuing Notice of Substantial and Final Project Completion
Providing other Non-Technical General Construction Administration tasks
DOWL will provide the following project design and supplementary construction administration services for the
Project.
Scope of Services (Basic Services)
Task 1. Project Design and Construction Documents
1. Complete the following specific tasks related to the design and development of the Downtown
Stormwater Trunk Rehabilitation project:
a. Task 120 – CIPP Design: DOWL will complete the necessary structural pipe design calculations
based on assuming a 50-year design life with fully deteriorated pipe conditions. The design
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Task Order #06, Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Page 2
calculations will identify the minimum required CIPP liner thickness to withstand the external
loading imposed on the pipeline. Additionally, DOWL will review the stormwater pipeline videos
to identify any spot repairs or service protrusions that will require an external dig.
b. Task 130 – Construction Drawings: DOWL will develop construction drawings for the proposed
stormwater pipeline improvements. The drawings will utilize the base drawing and information
gathered in Task Order 03 Downtown Stormwater Mains Rehabilitation Evaluation and project
requirements developed in Task 120 above. It is assumed that no additional survey will be
necessary to complete the construction drawings. The project construction drawings will
generally consist of the following:
Drawing No. Drawing Description
G00 Cover Sheet
G01 General Notes, Legend, Abbreviations
G02 Project Key Map
C01 Overall Project Map
C02-C04 Stormwater Pipeline Plan and Profiles
D01 Standard Details
c. Task 140 – Construction Specifications and Special Provisions: Project specifications will be based
upon the Montana Public Works Standard Specifications, Sixth Edition (April 2010) and the City of
Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, March
21, 2011, and Addenda No. 1 through No. 3.
i. Project specific conditions and construction constraints will be outlined in a separate
Summary of Work to detail the work description, identify work sequence restrictions,
describe CIPP, bypass pumping operation, curing water collection/disposal, etc.
ii. Additionally, DOWL will provide an itemized bid schedule and standalone CIPP
specifications.
d. Task 150 – Engineers’ Estimate of Probable Cost: DOWL will develop an engineers’ opinion of
probable cost for the project to assist the City with project planning and budgeting.
2. The following project deliverables will be provided to the Owner for review and comment including review
by legal counsel or other advisors as appropriate. DOWL will provide two (2) review copies and a digital
PDF of all deliverables unless otherwise noted below. It is assumed that review comments will be received
from Owner within 14 days of receipt of each review set described below.
a. Technical Memorandum of CIPP design assumptions and calculations.
b. 65% complete set of construction drawings, outline of technical specifications, and engineer’s
estimate of probable cost.
c. 95% complete set of construction drawings and technical specifications, and engineer’s estimate
of probable cost.
d. 100% complete (Issue for Construction) project drawings and technical specifications.
3. Design Review Meetings: Design review meetings will be conducted after the 65% and 95% submittals to
review the project and discuss Owner comments. It is assumed that the design review meetings will be
held virtually via teleconference or Microsoft Teams.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Task Order #06, Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Page 3
Task 2. Assistance During Bidding and Contract Award
1. Task 200 – Assist the city in advertising for and obtaining bid proposals for the Work.
a. Provide 10 copies of plans and specifications to the City for distribution to interested bidders.
b. Assist the City in providing clarifications to Contractor questions during bidding.
c. Assist in developing addenda as appropriate to clarify, correct, or change the bidding documents.
2. Task 210 – Assist in preparing agendas and participate in Pre-bid meetings to summarize the project for
interested bidders and gather questions for clarifications via addendum, if needed. It is assumed that the
City will be responsible for bid opening, certified bid tab, assemble of insurance, bonds, agreements, and
additional documents to finalize the bidding process and award the contract.
Task 3. Construction Administration
Upon successful completion of the bidding, negotiating and project construction award, and upon written
authorization from Owner, DOWL shall:
1. Task 300 – General Administration of Construction Contract: DOWL with the Owner, act as the Owner’s
representative as provided in the Construction Contract. The extent and limitations of the duties,
responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified,
except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued
through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the
extent provided in this Agreement and the Construction Contract except as otherwise provided in writing.
2. Task 310 – Pre-Construction Conference: Participate in a Pre-Construction Conference prior to
commencement of Work at the Site.
3. Task 320 – Shop Drawings and Samples: Review and approve or take other appropriate action in respect
to Shop Drawings and Samples and other information that Contractor is required to submit, but only for
conformance with the information provided in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such
reviews and approvals or other action will not extend to means, methods, techniques, sequences, or
procedures of construction or to safety precautions and programs incident thereto.
a. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal”
materials and equipment proposed by Contractor, but subject to the Additional Services
provisions of Attachment 1.
4. Task 330 – Visits to Site and Observation of Construction: In connection with observations of Contractor’s
Work while it is in progress:
a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer
deems necessary, to observe as an experienced and qualified design professional the progress of
Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project
Representative, if any, are not intended to be exhaustive or to extend to every aspect of
Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress
beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract
Documents, but rather are to be limited to spot checking, selective sampling, and similar methods
of general observation of the Work based on Engineer’s exercise of professional judgment, as
assisted by the Resident Project Representative, if any. Based on information obtained during
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Task Order #06, Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Page 4
such visits and observations, Engineer will determine in general if the Work is proceeding in
accordance with the Contract Documents, and Engineer shall keep Owner informed of the
progress of the Work.
b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if
any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities
assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the
exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for
Owner a greater degree of confidence that the completed Work will conform in general to the
Contract Documents and that Contractor has implemented and maintained the integrity of the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Engineer shall not, during such visits or as a result of such observations of
Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall
Engineer have authority over or responsibility for the means, methods, techniques, sequences, or
procedures of construction selected or used by Contractor, for security or safety at the Site, for
safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor
to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the
Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the
Contract Documents.
5. Task 340 – Quality Assurance: It is assumed that the Contractor will complete Quality Control (QC) testing
as specified and required in the project specifications. DOWL will assist the City of Bozeman in reviewing
the Contractor’s QC test results, including liner curing logs and field sample testing. Additionally, DOWL
will review and provide comments to the pre- and post-construction pipeline video to verify the final
conditions and service line reinstatements. For the purpose of budgeting, a total of 15 manhours are
assumed for the completion of this task.
6. Task(s) 350 – Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes
that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not
produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of
the design concept of the completed Project as a functioning whole as indicated by the Contract
Documents
7. Task(s) 350 – Clarifications, Interpretations, Field Orders: Issue necessary clarifications and interpretations
of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such
clarifications and interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field
orders authorizing minor variations in the Work from the requirements of the Contract Documents.
8. Task(s) 350 – Change Orders and Work Change Directives: Recommend change orders and work change
directives to Owner, as appropriate, and prepare change orders and work change directives as required.
9. Task(s) 360 – Substantial Completion: Promptly after notice from Contractor that Contractor considers the
entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to
determine if the Work is substantially complete. If after considering any objections of Owner, Engineer
considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion
to Owner and Contractor.
10. Task(s) 360 – Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if
the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final
payment to Contractor.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Task Order #06, Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Page 5
11. Task 350 – Post Construction Activities:
a. Record Drawings: DOWL will develop record drawings incorporating any field changes or updates
to as-recorded information.
b. Post Construction Walk-through(s): DOWL, together with the City of Bozeman, will visit the
Project to observe any apparent defects in the Work, assist City in consultations and discussions
with Contractor concerning correction of any such defects, and make recommendations as to
replacement or correction of defective Work, if any.
c. Warranty Walk-through: DOWL, together with the City of Bozeman, will participate in a Two-Year
Warranty Walk-through inspection of the Project to observe any apparent defects in the Work,
assist the City in consultations and discussions with Contractor concerning correction of any such
defects, and make recommendations as to replacement or correction of defective Work, if
needed.
Task 4. Construction Inspection
1. Task 400 – Resident Project Representative (RPR)
a. Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive
observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth
in Attachment 3. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s
responsibilities or authority except as expressly set forth in Attachment3.
b. Duration of Construction Phase: The Construction Phase will commence with the execution of the
first Construction Contract for the Project or any part thereof and will terminate upon written
recommendation by Engineer for final payment to Contractors. Subject to the provisions of
Attachment 1, Engineer shall be entitled to an equitable increase in compensation if Construction
Phase services (including Resident Project Representative services, if any) are required after the
original date for completion and readiness for final payment of Contractor as set forth herein or
in the Construction Contract.
i. The proposed construction duration is estimated at a maximum of 40 calendar days, for
23 working days and 8 hours per day. RPR services are as indicated in Attachment 3.
ii. To facilitate public communication and coordination with DOWL within a normal workday
duration, it is proposed for consideration to require construction working hours from 8
A.M. to 5 P.M.
c. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any
Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing
any of the Work, for safety or security at the Site, or for safety precautions and programs incident
to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be
responsible for the failure of any Contractor to perform or furnish the Work in accordance with
the Contract Documents.
Compensation
1. Basic Services: Table 1 outlines DOWL’s estimated fee for the proposed Scope of Services. Given the
variable nature of the services potentially required, it is anticipated that this task order will be managed
on a Time and Materials basis. The distribution of fees between individual tasks may be altered to be
consistent with the services actually rendered, but the total compensation will not be exceeded without
prior written consent of the City of Bozeman.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Task Order #06, Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Page 6
Table 1 – Task Order #06 Compensation
Task Description Estimated Fee
Task 1 – Project Design and Construction Documents $ 27,400
Task 2 – Assistance During Bidding and Contract Award $ 4,100
Task 3 –Construction Administration $ 16,800
Estimated Total Fee $ 48,300
2. Resident Project Representative – Standard Hourly Rates
a. Owner shall pay Engineer for Resident Project Representative Basic Services as follows:
i. Resident Project Representative Services: For services of Engineer’s Resident Project
Representative under Task 4 of this Exhibit A, an amount equal to the cumulative hours
charged to the Project by each class of Engineer’s personnel times Standard Hourly
Rates for each applicable billing class at the rates set forth in Attachment 2 to this
Exhibit A for all Resident Project Representative services performed on the Project, plus
related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. The total
compensation under this Paragraph is estimated to be $28,300 based upon full-time
RPR services on an eight-hour workday and 4-day work weeks, over a 40-calendar day
construction schedule.
b. Compensation for Reimbursable Expenses:
i. For those Reimbursable Expenses that are not accounted for in the compensation for
Basic Services under 2.a.i. Resident Project Representative Services above, and are
directly related to the provision of Resident Project Representative Basic Services,
Owner shall pay Engineer at the rates set forth in Attachment 2 to this Exhibit A.
3. Additional Services – Standard Hourly Rates
a. Owner shall pay Engineer for Additional Services, if any, as follows:
i. For services of Engineer’s personnel engaged directly on the Project pursuant to
Attachment 1, Additional Services Requiring Owner’s Written Authorization of
Exhibit A, an amount equal to that separately negotiated prior to performing the
Additional Services based on the nature of the required Additional Services.
ii. For services of Engineer’s personnel engaged directly on the Project pursuant to
Attachment 1 Additional Services Not Requiring Owner’s Written Authorization an
amount equal to the cumulative hours charged to the Project by each class of
Engineer’s personnel times Standard Hourly Rates for each applicable billing class,
plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any.
b. Other Provisions Concerning Payment of Additional Services:
i. Whenever Engineer is entitled to compensation for the charges of Engineer’s
Consultants, those charges shall be the amounts billed by Engineer’s Consultants to
Engineer times a factor of 1.05.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Task Order #06, Exhibit A – Scope of Services
Downtown Stormwater Trunk Rehabilitation
Page 7
ii. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the
related internal expenses actually incurred or allocated by Engineer, plus all invoiced
external Reimbursable Expenses allocable to such Additional Services, the latter
multiplied by a factor of 1.05.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 1 to Exhibit A
Professional Services Contract
October 2020 Page 1 of 3
This is Attachment 1, consisting of 3 pages,
referred to in and part of the Exhibit A Task
Order 06 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
Additional Services
1.01 Additional Services Requiring Owner’s Written Authorization
A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional
Services of the types listed below.
1. Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans, or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effects on the design requirements
for the Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the Project.
2. Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by
Owner or others.
3. Services resulting from significant changes in the scope, extent, or character of the
portions of the Project designed or specified by Engineer or its design requirements
including, but not limited to, changes in size, complexity, Owner’s schedule,
character of construction, or method of financing; and revising previously accepted
studies, reports, Drawings, Specifications, or Contract Documents when such
revisions are required by changes in Laws and Regulations enacted subsequent to
the Effective Date or are due to any other causes beyond Engineer’s control.
4. Services resulting from Owner’s request to evaluate additional Study and Report
Phase alternative solutions beyond those identified in Exhibit A Basic Services, if
any.
5. Services required as a result of Owner’s providing incomplete or incorrect Project
information to Engineer.
6. Providing renderings or models for Owner’s use.
7. Undertaking investigations and studies including, but not limited to, detailed
consideration of operations, maintenance, and overhead expenses; the preparation of
financial feasibility and cash flow studies, rate schedules, and appraisals; assistance
in obtaining financing for the Project; evaluating processes available for licensing,
and assisting Owner in obtaining process licensing; detailed quantity surveys of
materials, equipment, and labor; and audits or inventories required in connection
with construction performed by Owner.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 1 to Exhibit A
Professional Services Contract
October 2020 Page 2 of 3
8. Furnishing services of Consultants for other than Exhibit A Basic Services.
9. Services attributable to more prime construction contracts than specified in Exhibit
A, Basic Services, if any.
10. If not required as part of Basic Services defined in Exhibit A, preparing for,
coordinating with, participating in and responding to structured independent review
processes, including, but not limited to, construction management, cost estimating,
project peer review, value engineering, and constructability review requested by
Owner; and performing or furnishing services required to revise studies, reports,
Drawings, Specifications, or other Bidding Documents as a result of such review
processes.
11. If not required as part of Basic Services defined in Exhibit A above, preparing
additional Bidding Documents or Contract Documents for alternate bids or prices
requested by Owner for the Work or a portion thereof.
12. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for
construction, materials, equipment, or services.
13. Providing construction surveys and staking to enable Contractor to perform its work
other than as required under Exhibit A, Basic Services, including any type of
property surveys or related engineering services needed for the transfer of interests
in real property; and providing other special field surveys.
14. Providing Construction Phase services beyond the original date for completion and
readiness for final payment of Contractor.
15. Providing assistance in responding to the presence of any Constituent of Concern at
the Site, in compliance with current Laws and Regulations.
16. If not required as part of Basic Services defined in Exhibit A, preparing Record
Drawings showing appropriate record information based on Project annotated record
documents received from Contractor, and furnishing such Record Drawings to
Owner.
17. If not required as part of Basic Services defined in Exhibit A, preparation of
operation and maintenance manuals.
18. Preparing to serve or serving as a consultant or witness for Owner in any litigation,
arbitration, or other dispute resolution process related to the Project.
19. Providing more extensive services required to enable Engineer to issue notices or
certifications requested by Owner other than those required under Exhibit A, Basic
Services.
20. If not required as part of Basic Services defined in Exhibit A, assistance in
connection with the adjusting of Project equipment and systems.
21. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in
training Owner’s staff to operate and maintain Project equipment and systems.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 1 to Exhibit A
Professional Services Contract
October 2020 Page 3 of 3
22. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in
developing procedures for (a) control of the operation and maintenance of Project
equipment and systems, and (b) related record-keeping.
23. If not required as part of Basic Services defined in Exhibit A, overtime work
requiring higher than regular rates.
24. Other services performed or furnished by Engineer not otherwise provided for in this
Agreement.
1.02 Additional Services Not Requiring Owner’s Written Authorization
A. Engineer shall advise Owner in advance that Engineer will immediately commence to
perform or furnish the Additional Services of the types listed below. For such Additional
Services, Engineer need not request or obtain specific advance written authorization from
Owner. Engineer shall cease performing or furnishing such Additional Services upon
receipt of written notice from Owner.
25. Additional or extended services during construction made necessary by (1)
emergencies or acts of God endangering the Work (advance notice not required), (2)
the presence at the Site of any Constituent of Concern or items of historical or
cultural significance, (3) Work damaged by fire or other cause during construction,
(4) a significant amount of defective, neglected, or delayed work by Contractor,
(5) acceleration of the progress schedule involving services beyond normal working
hours, or (6) default by Contractor.
26. Services (other than Basic Services during the Post-Construction Phase) in
connection with any partial utilization of any part of the Work by Owner prior to
Substantial Completion.
27. Evaluating an unreasonable claim or an excessive number of claims submitted by
Contractor or others in connection with the Work.
28. Services during the Construction Phase rendered after the original date for
completion of the Work referred to above.
29. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate
submissions by Contractor.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
This is Attachment 2, consisting of 4 pages,
referred to in and part of the Exhibit A Task
Order 06 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
DOWL Montana Fee Schedule (Effective June 28, 2020; Until Further Notice)
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Effective June 28, 2020 Until Further Notice 2 | Page
Intern II $75
Laboratory Supervisor $80
Laboratory Manager $95
Landscape Architect I $100
Landscape Architect II $115
Landscape Architect III $130
Landscape Architect IV $145
Landscape Architect V $160
Landscape Architect VI $170
Landscape Architect VII $180
Landscape Planner $105
Landscape Designer $85
Lead Materials Technician $85
Marketing & Administrative Manager $180
Marketing Assistant $75
Marketing Coordinator $95
Materials Technician $60
Materials Technician II $70
Materials Manager $100
Planning Technician $80
Planner I $90
Planner II $105
Planner III $125
Planner IV $145
Planner V $160
Planner VI $170
Planner VII $180
Planner VIII $190
Planner IX $210
Planner X $250
Professional Land Surveyor I $90
Professional Land Surveyor II $100
Professional Land Surveyor III $110
Professional Land Surveyor IV $120
Professional Land Surveyor V $130
Professional Land Surveyor VI $135
Professional Land Surveyor VII $145
Professional Land Surveyor VIII $155
Professional Land Surveyor IX $180
Professional Land Surveyor X $190
Professional Land Surveyor XI $200
Project Assistant I $85
Project Assistant II $100
Project Administrator $100
Project Controller $125
Project Manager I $125
Project Manager II $140
Project Manager III $155
Project Manager IV $170
Project Manager V $185
Project Manager VI $200
Project Manager VII $215
Proposal Manager $110
Public Involvement Assistant $85
Public Involvement Planner $105
Public Involvement Coordinator $115
Public Involvement Program Manager $170
Real Estate Services Manager $150
Right of Way Assistant $85
Right of Way Agent I $95
Right of Way Agent II $110
Right of Way Agent III $125
Right of Way Agent IV $135
Right of Way Agent V $150
Right of Way Agent VI $185
Risk Manager $170
Senior CAD Drafter $135
Senior Civil and Transportation Designer $140
Senior Manager I $200
Senior Manager II $220
Senior Manager III $230
Senior Manager IV $265
Senior Manager V $275
Senior Manager VI $295
Senior Materials Technician $90
Senior Proposal Manager $155
Survey Technician I $60
Survey Technician II $70
Survey Technician III $75
Survey Technician IV $85
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Effective June 28, 2020 Until Further Notice 3 | Page
Survey Technician V $90
Survey Technician VI $105
Survey Technician VII $115
Survey Technician VIII $120
Survey Technician IX $140
Survey Technician -- Supervisor $120
Systems Administrator $125
Technical Coordinator $150
Survey Crews
One-Person Survey Crew = $130/hour One-Person Survey Crew GPS/ Robotics = $150/hour Two-Person Survey Crew = $180/hour Two-Person Survey Crew GPS/ Robotics = $190/hour Two-Person Survey Crew (PLS + LSIT) = $225/hour Three-Person Survey Crew = $260/hour
Travel, Mileage, & Miscellaneous
Lodging = Cost per night Airfare = Cost Vehicle Usage – Passenger Cars = 0.85/mile Vehicle Usage – Trucks & SUV’s = 1.05/mile Printing/Supplies/Phone/Fax/Postage = Note 3 In-House Usage Charges = Note 4
Per Diem
Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a
meal allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods
are breakfast (midnight to 10 am), lunch (10 am – 3 pm) and dinner (3 pm to midnight).
Breakfast Lunch Dinner Incidentals GSA Per Diem Rate
Billings $13.00 $14.00 $23.00 $5.00 $55.00
Bozeman $14.00 $16.00 $26.00 $5.00 $61.00
Butte $13.00 $14.00 $23.00 $5.00 $55.00
Helena $16.00 $17.00 $28.00 $5.00 $66.00
All other cities not listed above, please use the following link: https://www.gsa.gov/travel/plan-book/per-diem-rates
Please use the following link for the meal breakdown: https://www.gsa.gov/travel/plan-book/per-diem-rates/meals-
and-incidental-expenses-mie-breakdown
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Effective June 28, 2020 Until Further Notice 4 | Page
Notes
1. DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period,
whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existing
contracts without prior agreement between Client and DOWL.
2. Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribed
by applicable state law.
3. Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests considered
reasonable by the Project Manager for phone/fax/postage, office supplies, reproduction and photography, and
laboratory analysis will be billed at cost plus the negotiated markup.
4. In-house equipment usage charges or specialized software/equipment that are not separately stated on the fee
schedule will be negotiated at rates deemed fair and reasonable.
5. Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at a
rate of 1.0 percent per month (12% per year).
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 3 to Exhibit A
Professional Services Contract
October 2020 Page 1 of 5
This is Attachment 3, consisting of 5 pages,
referred to in and part of the Exhibit A Task
Order 06 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
Duties, Responsibilities, and Limitations of Authority of Resident Project
Representative
Task 4 – Construction Inspection of Exhibit A to the Agreement is supplemented to include
the following agreement of the parties:
1.01 Resident Project Representative
A. Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer
in observing progress and quality of the Work. The RPR may provide full time
representation or may provide representation to a lesser degree.
B. Through RPR's observations of Contractor’s work in progress and field checks of
materials and equipment, Engineer shall endeavor to provide further protection for
Owner against defects and deficiencies in the Work. However, Engineer shall not,
during such RPR field checks or as a result of such RPR observations of Contractor’s
work in progress, supervise, direct, or have control over Contractor’s Work, nor
shall Engineer (including the RPR) have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected or
used by any contractor, for security or safety at the Site, for safety precautions and
programs incident to any contractor’s work in progress, or for any failure of a
contractor to comply with Laws and Regulations applicable to such contractor’s
performing and furnishing of its work. The Engineer (including RPR) neither
guarantees the performances of any contractor nor assumes responsibility for
Contractor’s failure to furnish and perform the Work in accordance with the
Contract Documents. In addition, the specific terms set forth in Task 3 of Exhibit
A of the Agreement are applicable.
C. The duties and responsibilities of the RPR are as follows:
1. General: RPR is Engineer’s representative at the Site, will act as directed by
and under the supervision of Engineer, and will confer with Engineer
regarding RPR’s actions. RPR’s dealings in matters pertaining to the
Contractor’s work in progress shall in general be with Engineer and
Contractor. RPR’s dealings with Subcontractors shall only be through or
with the full knowledge and approval of Contractor. RPR shall generally
communicate with Owner only with the knowledge of and under the direction
of Engineer.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 3 to Exhibit A
Professional Services Contract
October 2020 Page 2 of 5
2. Schedules: Review the progress schedule, schedule of Shop Drawing and
Sample submittals, and schedule of values prepared by Contractor and
consult with Engineer concerning acceptability.
3. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project-related meetings, and prepare and circulate copies of minutes thereof.
4. Liaison:
a. Serve as Engineer’s liaison with Contractor. Working principally
through Contractor’s authorized representative or designee, assist in
providing information regarding the intent of the Contract Documents.
b. Assist Engineer in serving as Owner’s liaison with Contractor when
Contractor’s operations affect Owner’s on-Site operations.
c. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
5. Interpretation of Contract Documents: Report to Engineer when
clarifications and interpretations of the Contract Documents are needed and
transmit to Contractor clarifications and interpretations as issued by
Engineer.
6. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify
Engineer of availability of Samples for examination.
c. Advise Engineer and Contractor of the commencement of any portion of
the Work requiring a Shop Drawing or Sample submittal for which RPR
believes that the submittal has not been approved by Engineer.
7. Modifications: Consider and evaluate Contractor’s suggestions for
modifications in Drawings or Specifications and report such suggestions,
together with RPR’s recommendations, to Engineer. Transmit to Contractor
in writing decisions as issued by Engineer.
8. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor’s work in progress to assist
Engineer in determining if the Work is in general proceeding in
accordance with the Contract Documents.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 3 to Exhibit A
Professional Services Contract
October 2020 Page 3 of 5
b. Report to Engineer whenever RPR believes that any part of Contractor’s
work in progress will not produce a completed Project that conforms
generally to the Contract Documents or will imperil the integrity of the
design concept of the completed Project as a functioning whole as
indicated in the Contract Documents, or has been damaged, or does not
meet the requirements of any inspection, test or approval required to be
made; and advise Engineer of that part of work in progress that RPR
believes should be corrected or rejected or should be uncovered for
observation, or requires special testing, inspection, or approval.
9. Inspections, Tests, and System Start-ups:
a. Consult with Engineer in advance of scheduled inspections, tests, and
systems start-ups.
b. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
Owner’s personnel, and that Contractor maintains adequate records
thereof.
c. Observe, record, and report to Engineer appropriate details relative to the
test procedures and systems start-ups.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections, and report to Engineer.
10. Records:
a. Maintain at the Site orderly files for correspondence, reports of job
conferences, reproductions of original Contract Documents including all
change orders, field orders, work change directives, addenda, additional
Drawings issued subsequent to the execution of the Construction
Contract, Engineer’s clarifications and interpretations of the Contract
Documents, progress reports, Shop Drawing and Sample submittals
received from and delivered to Contractor, and other Project-related
documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor’s
hours on the Site, weather conditions, data relative to questions of change
orders, field orders, work change directives, or changed conditions, Site
visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures;
and send copies to Engineer.
c. Record names, addresses, fax numbers, e-mail addresses, web site
locations, and telephone numbers of all Contractors, Subcontractors, and
major Suppliers of materials and equipment.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 3 to Exhibit A
Professional Services Contract
October 2020 Page 4 of 5
d. Maintain records for use in preparing Project documentation.
e. Upon completion of the Work, furnish original set of all RPR Project
documentation to Engineer.
11. Reports:
a. Furnish to Engineer periodic reports as required of progress of the Work
and of Contractor’s compliance with the progress schedule and schedule
of Shop Drawing and Sample submittals.
b. Draft and recommend to Engineer proposed change orders, work change
directives, and field orders. Obtain backup material from Contractor.
c. Furnish to Engineer and Owner copies of all inspection, test, and system
start-up reports.
d. Immediately notify Engineer of the occurrence of any Site accidents,
emergencies, acts of God endangering the Work, damage to property by
fire or other causes, or the discovery of any Constituent of Concern.
12. Payment Requests: Review applications for payment with Contractor for
compliance with the established procedure for their submission and forward
with recommendations to Engineer, noting particularly the relationship of the
payment requested to the schedule of values, Work completed, and materials
and equipment delivered at the Site but not incorporated in the Work.
13. Certificates, Operation and Maintenance Manuals: During the course of the
Work, verify that materials and equipment certificates, operation and
maintenance manuals and other data required by the Contract Documents to
be assembled and furnished by Contractor are applicable to the items actually
installed and in accordance with the Contract Documents, and have these
documents delivered to Engineer for review and forwarding to Owner prior
to payment for that part of the Work.
14. Completion:
a. Participate in visits to the Project to determine Substantial Completion,
assist in the determination of Substantial Completion and the preparation
of lists of items to be completed or corrected.
b. Participate in a final visit to the Project in the company of Engineer,
Owner, and Contractor, and prepare a final list of items to be completed
and deficiencies to be remedied.
c. Observe whether all items on the final list have been completed or
corrected and make recommendations to Engineer concerning
acceptance.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5
Attachment 3 to Exhibit A
Professional Services Contract
October 2020 Page 5 of 5
D. Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or substitution of
materials or equipment (including “or-equal” items).
2. Exceed limitations of Engineer’s authority as set forth in this Agreement.
3. Undertake any of the responsibilities of Contractor, Subcontractors or
Suppliers.
4. Advise on, issue directions relative to, or assume control over any aspect of
the means, methods, techniques, sequences or procedures of Contractor’s
work.
5. Advise on, issue directions regarding, or assume control over security or
safety practices, precautions, and programs in connection with the activities
or operations of Owner or Contractor.
6. Participate in specialized field or laboratory tests or inspections conducted
off-site by others except as specifically authorized by Engineer.
7. Accept shop drawing or sample submittals from anyone other than
Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
DocuSign Envelope ID: 9A7A4401-11B3-48F9-9975-AA5E0C2079D5