HomeMy WebLinkAbout21- Task Order 7 - DOWL- South Tracy StormwaterDocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT
TASK ORDER NUMBER 7 - South Tracy Stormwater
Issued under the authority of Professional Services Agreement between the City of Bozeman and
DOWL (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 issuance of individual,
consecutively numbered Task Orders on an as needed and requested basis.
This Task Order is dated November 16, 2021 between City of Bozeman (City) and DOWL, LLC (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Adam Oliver, Stormwater Project Manager
Contractor: Wade Irion, Water Practice Lead
SCOPE OF WORK: (attach additional sheet(s) as required)
Exhibit A - Scope of Services 2021 South Tracy Stormwater Improvements
COMPENSATION:
Contractor shall be reimbursed on a Time and Materials basis. Contractor shall invoice no more often than
monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions
and/or Exhibits or Attachments to this Task Order shall govern the Work.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES****
Stormwater Division Request for Qualifications Page I 11
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216Wade IrionWater Practice LeadAssistant City AttorneyAnna SaverudJeff MihelichCity Manager
Page 1
Task Order #07
Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
Introduction
The City of Bozeman (City) Stormwater Division has identified two (2) stormwater collection pipelines in need of
replacement due to their age, hydraulic capacity, and upstream development/improvements in the contributing
drainage basin. The storm drain replacement projects are part of the City’s Stormwater Capital Improvement Plan
and are further described below:
South Tracy Ave - Cleveland Street
The City would like to replace approximately 230 feet of 18-inch diameter vitrified clay storm drain pipe
located within City right-of-way and a utility easement on private property east of the South Tracy Avenue
and Cleveland Street intersection. The primary driver of the project is to replace the aging storm drain
pipe prior to the redevelopment of the private property parcel (918 South Tracy Ave.), and future
downstream stormwater improvements.
South Tracy Ave. – Babcock to Main Street
The City has identified approximately 580 feet of 12-inch diameter vitrified clay storm drain within South
Tracy Avenue from East Babcock Street to the alleyway north of East Main Street as deteriorated and a
hydraulic constraint in the stormwater collection system. In 2018, the storm drain main south of East
Babcock Street (upstream) was replaced with 18-inch diameter PVC pipe, and a stormwater treatment
unit was installed near the alleyway north of East Main Street (downstream). Additionally, a 2019 video
inspection of the 12-inch storm drain revealed pipe deflection (squashed pipe) which could lead to failure
of the brittle vitrified clay pipe. The City would like to replace the 580 feet of 12-inch diameter storm drain
with consideration to using a trenchless means of construction.
The following scope of services for the above described projects will generally consist of topographical surveys,
preliminary design recommendations for sizing and construction methods, permitting, development of
construction documents, and construction administration services. A detailed description of engineering services
is identified in the subsequent sections. It is assumed that the City of Bozeman will provide Project Management
throughout the duration of the projects and will be responsible for the following tasks:
Bidding and Contract Negotiations
Hosting the Pre-bid and Pre-construction Meetings
Reviewing Construction Schedules
Providing Public Outreach and Coordination with Property Owners
Acquiring necessary project easements
Administering Recommended Change Orders and Work Change Directives
Processing Applications for Payment
Managing the Construction Contract and Related Disputes (as needed)
Issuing Notice of Substantial and Final Project Completion
Providing other Non-Technical General Construction Administration Tasks
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Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
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DOWL will provide the following project design and construction administration services for the proposed
Projects.
Scope of Services (Basic Services)
The below tasks will be completed for both proposed storm drain replacement projects unless specified otherwise
in the project task description. Project invoices will be delivered electronically to the City’s Project Manager
monthly for processing and payment. Invoicing will track each project separately on the same invoice and will
include services completed for the invoiced period, monthly charges, total spent, and amount remaining.
Task 1. Preliminary Project Design
1. Complete the following specific tasks related to the preliminary design of the 2021 South Tracy
Stormwater Improvements project:
a. Task 100 – Project Management, Quality Control, and Design Review Meeting(s): Perform general
project management tasks, including job setup, contracting, internal quality control procedures,
project planning, scheduling, and coordination calls and meetings related to Task 1.
b. Task 110 – Utility Locates and Survey: Survey base mapping will be developed for the two (2)
project corridors. Services performed under this task will include requesting utility locates, survey
of utilities, and topographic survey of the project vicinity. DOWL will develop and submit a utility
locate request and will survey the locations of utilities within the project corridor. Rim elevation
survey and measure-downs to pipe inverts will be completed to document existing pipe elevations
and sizes of the stormwater, sanitary sewer and water infrastructure. The survey will be
completed in NAD83 state plane coordinates and using the vertical datum NAVD88. DOWL will
notify the City of Bozeman in advance of the utility locates and survey to obtain permission to
enter private property in the vicinity of the project.
c. Task 120 – Preliminary Design: DOWL will evaluate the existing hydraulic capacity based on the
collected field data obtained in Task 110 of sections of the storm drain proposed for improvement,
in addition to the upstream and downstream reaches. DOWL will provide recommendations to
the City for the means of pipe replacement construction, i.e. traditional trench and replacement
or in situ trenchless pipeline replacement. The sizing of the replacement storm drains will be
based on a balance of required sizing based on previously completed stormwater modeling
studies and practical solutions based on site-specific project constraints. Additional hydrologic
modeling of the contributing stormwater basins will not be completed for pipe sizing
recommendations.
2. The following project deliverables will be provided to the City for review and comment. DOWL will provide
digital PDF copies of all deliverables. It is assumed that review comments will be received from the City
within 14 days of receipt of each review set described below.
a. Technical Memorandum of design assumptions, recommended construction methods, project
exhibit(s), and a preliminary engineer’s estimate of probable construction cost.
3. Design Review Meeting: A design review meeting will be conducted after the Technical Memorandum
submittals to review the project recommendations and discuss City comments. It is assumed that the
design review meeting will be held virtually via teleconference or Microsoft Teams.
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Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
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Task 2. Construction Documents
1. Complete the following specific tasks related to project design and development of the 2021 South Tracy
Stormwater Improvements project construction documents. The project tasks listed below will be
completed for each project separately unless otherwise noted.
a. Task 200 – Project Management, Quality Control, and Design Review Meeting(s): Perform general
project management tasks, internal quality control procedure, project planning, scheduling, and
coordination calls and meetings related to Task 2.
b. Task 210 – Construction Drawings: DOWL will develop construction drawings for the proposed
storm drain improvements, with two (2) sets of construction drawings describing each project.
The project construction drawings will generally consist of the following:
Table 1 – Preliminary Sheet Index
Drawing No. Drawing Description
G00 Cover Sheet
G01 General Notes, Legend, Abbreviations, Survey Control
C01 Existing Conditions
C02 Overall Project Site Improvements Map
C03 Stormwater Pipeline Plan and Profile
D01 Standard Details
c. Task 220 – Construction Specifications: 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,
bypass pumping operation, work schedule, etc.
ii. Additionally, DOWL will provide a draft advertisement for bidding, itemized bid schedule,
measurement and payment, and standalone modifications to Montana Public Works
Standard Specifications as necessary.
d. Task 230 – Engineers’ Estimate of Probable Construction Cost: DOWL will develop an engineers’
opinion of probable construction cost for the project to assist the City with project planning and
budgeting.
e. Task 240 – Montana Department of Transportation Permitting and Coordination: The South Tracy
Ave. – Babcock to Main Street pipeline will require permitting and coordination with the Montana
Department of Transportation (MDT). DOWL will complete the required permitting on behalf of
the City. For the purpose of budgeting, a total of 25-manhours are assumed for the completion
of this task and all associated permit fees will be paid by the Owner.
2. The following project deliverables will be provided to the City for review and comment including review
by legal counsel or other advisors as appropriate. Each project will have separate submittal intended to
provide the City with flexibility for bidding the project independent of each other and on separate
construction schedules. DOWL will provide digital PDF copies of all deliverables unless otherwise noted
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Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
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below. It is assumed that review comments will be received from the City within 14 days of receipt of each
review set described below.
a. 95% complete set of construction drawings and technical specifications, and engineer’s estimate
of probable construction cost, for each project (2).
b. Project Manual consisting of issued for construction (100%) project drawings and technical
specifications necessary for bidding and construction of the proposed projects, for each project
(2).
3. Design Review Meeting: A design review meeting will be conducted after the 95% submittal to review the
project and discuss City comments. It is assumed that the design review meeting will be held virtually via
teleconference or Microsoft Teams.
Task 3. Assistance During Bidding and Contract Award
1. Task 300 – Assist the city in advertising for and obtaining bid proposals for the Work.
a. Assist the City with bidding documents for the City to post and manage through QuestCDN.
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.
One addendum is assumed following the pre-bid meeting to distribute meeting minutes and provide
formal answers to any questions posed/answered at the pre-bid meeting. The City will post
addendum(s) to Quest for Planholder distribution.
2. Task 310 – Assist in preparing an agenda and participate in a Pre-bid meeting 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, assembly of insurance, bonds, agreements, and
additional documents to finalize the bidding process and award the contract.
Task 4. Construction Administration
Upon successful completion of the bidding, negotiating and project construction award, and upon written
authorization from the City, DOWL shall:
1. Task 400 – General Administration of Construction Contract: DOWL with the City, 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 the Engineer, which shall have authority to act on behalf of the Owner in dealings with the
Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise
provided in writing.
2. Task 410 – Pre-Construction Conference: Participate in a Pre-Construction Conference prior to
commencement of Work at the Site.
3. Task 420 – 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
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Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
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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 430 – 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
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
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.
c. For the purpose of budgeting, a total of two (2) engineer site visits are assumed for each project.
5. Task 440 – Quality Assurance: It is assumed that the Contractor will complete Quality Control testing as
specified and required in the project specifications. DOWL will assist the City of Bozeman in reviewing the
Contractor’s quality control test results, including compaction and leak detection testing. For the purpose
of budgeting, a total of 5 manhours are assumed for each project to complete of this task.
6. Task(s) 450 – 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.
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Task Order #07, Exhibit A – Scope of Services
2021 South Tracy Stormwater Improvements
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7. Task(s) 450 – 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) 450 – 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) 460 – 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 for final processing.
10. Task(s) 460 – 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.
11. Task 450 – 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 5. Construction Inspection
1. Task 500 – 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 and Timing/Number of RPRs Expected Site Visits: 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
Contractor(s). 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. South Tracy Ave. – Cleveland Street: The anticipated duration of on-site construction
activities is estimated at a maximum of 30 calendar days. RPR services are as indicated in
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2021 South Tracy Stormwater Improvements
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Attachment 3. DOWL will provide RPR services for the following construction
activities/milestones.
1. Meet with Contractor on-site to discuss project schedule and observe initial
construction actives (1 site visit)
2. Observe bypass pumping operation (1 site visit)
3. Observe Cleveland Street excavation (1 site visit)
4. Observe stormwater main replacement and flowable fill backfill within Cleveland
Street (4-site visits)
5. Observe manhole subgrade, pipe connections, and backfill (2 site visits)
6. Observe connection to existing (1 site visit)
7. Observe placement of pavement and restoration (1 site visit)
8. Post construction activities (1 site visits)
ii. South Tracy Ave – Babcock to Main: The anticipated duration of on-site construction
activities is estimated at a maximum of 60 calendar days. RPR services are as indicated in
Attachment 3. DOWL will provide RPR services for the following construction
activities/milestones.
1. Meet with Contractor on-site to discuss project schedule, layout, and initial
construction activities (1 site visit)
2. Observe traffic control and public safety measures (1 site visit)
3. Observe Babcock Street excavation (1 site visit)
4. Observe stormwater main replacement and flowable fill backfill (6-site visits)
5. Observe manholes subgrade, pipe connections, and backfill (2 site visits)
6. Observe connections to existing (2 site visit)
7. Observe placement of paving and concrete (2 site visit)
8. Post construction activities (2 site visits)
iii. 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. MDT will require the construction of the stormwater main across Main
Street to be completed during the night. RPR service will be completed during alternative
working hours for this section of the pipeline improvements only.
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 2 and 3 outline 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.
Table 2 – Task Order #07 Compensation – Cleveland Street
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Task Description Estimated Fee
Task 1 – Preliminary Project Design $ 5,600.00
Task 2 – Project Design and Construction Documents $ 7,700.00
Task 3 – Assistance During Bidding and Contract Award $ 3,200.00
Task 4 –Construction Administration $ 6,800.00
Estimated Total Fee – Cleveland Street $ 23,300.00
Table 3 – Task Order #07 Compensation – Babcock to Main
Task Description Estimated Fee
Task 1 – Preliminary Project Design $ 10,000.00
Task 2 – Project Design and Construction Documents $ 15,800.00
Task 3 – Assistance During Bidding and Contract Award $ 3,200.00
Task 4 –Construction Administration $ 9,100.00
Estimated Total Fee – Babcock to Main $ 38,100.00
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 5 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.
1. South Tracy Ave – Cleveland Street: The total compensation under this
Paragraph is estimated to be $6,400.00 based upon periodic RPR services at the
key construction activities described above over a 30-calendar day construction
schedule.
2. South Tracy Ave – Babcock to Main Streets: The total compensation under this
Paragraph is estimated to be $11,900.00 based upon periodic RPR services at
the key construction activities described above over a 60-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:
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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 for 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 1.10.
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 1.10.
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Attachment 1 to Exhibit A
Professional Services Contract
June 2021 Page 1 of 3
This is Attachment 1, consisting of 3 pages,
referred to in and part of the Exhibit A Task
Order 07 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.
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Attachment 1 to Exhibit A
Professional Services Contract
June 2021 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: B544D1B7-9496-4CF7-B029-BEF21C26F216
Attachment 1 to Exhibit A
Professional Services Contract
June 2021 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: B544D1B7-9496-4CF7-B029-BEF21C26F216
This is Attachment 2, consisting of 4 pages,
referred to in and part of the Exhibit A Task
Order 07 of the Agreement between
Owner and DOWL for Professional
Services dated September 16, 2019.
Project No:
DOWL Montana Fee Schedule
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
Effective July 4, 2021 Until Further Notice 1 | Page MONTANA FEE SCHEDULE
Personnel Billing Rates
Personnel are identified on our invoices by name and/or labor category.
Description Rate Description Rate
Accounting Manager $160
Accounting Technician $95
Administrative Assistant $65
Administrative Manager $100
Biologist I $105
Biologist II $115
Biologist III $125
Biologist IV $135
Biologist V $180
CAD Drafter I $80
CAD Drafter II $95
CAD Drafter III $105
CAD Drafter IV $115
CAD Drafter V $125
Civil and Transportation Designer $100
Contract Administrator I $135
Contract Administrator II $160
Corporate Development Manager $195
Crew Chief I $95
Crew Chief II $105
Crew Chief III $110
Crew Chief IV $120
Crew Chief V $130
Cultural Resources Specialist I $95
Cultural Resources Specialist II $115
Cultural Resources Specialist III $120
Cultural Resources Specialist IV $155
Cultural Resources Specialist V $170
Document Production Supervisor $125
Engineer I $105
Engineer II $115
Engineer III $130
Engineer IV $150
Engineer V $170
Engineer VI $180
Engineer VII $190
Engineer VIII $200
Engineer IX $225
Engineer X $240
Engineering Technician I $75
Engineering Technician II $90
Engineering Technician III $100
Engineering Technician IV $115
Engineering Technician V $130
Engineering Technician VI $150
Environmental Specialist I $95
Environmental Specialist II $110
Environmental Specialist III $115
Environmental Specialist IV $125
Environmental Specialist V $130
Environmental Specialist VI $165
Environmental Specialist VII $185
Environmental Specialist VIII $200
Environmental Specialist IX $220
Environmental Specialist X $240
Field Project Representative I $90
Field Project Representative II $100
Field Project Representative III $130
Field Project Representative IV $145
Geologist I $110
Geologist II $120
Geologist III $130
Geologist IV $150
Geologist V $180
GIS Coordinator $145
GIS Manager $155
GIS Specialist $95
GIS Technician $80
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Effective July 4, 2021 Until Further Notice 2 | Page
Graphics Designer $105
Intern I $60
Intern II $80
Laboratory Manager $100
Laboratory Supervisor $80
Landscape Architect I $105
Landscape Architect II $120
Landscape Architect III $135
Landscape Architect IV $150
Landscape Architect V $165
Landscape Architect VI $175
Landscape Architect VII $185
Landscape Designer $90
Landscape Planner $110
Lead Materials Technician $90
Marketing & Administrative Manager $195
Marketing Assistant $80
Marketing Coordinator $100
Materials Manager $105
Materials Technician $65
Materials Technician II $75
Planner I $95
Planner II $120
Planner III $130
Planner IV $150
Planner V $165
Planner VI $175
Planner VII $185
Planner VIII $200
Planner IX $215
Planner X $255
Planning Technician $85
Professional Land Surveyor I $95
Professional Land Surveyor II $105
Professional Land Surveyor III $115
Professional Land Surveyor IV $125
Professional Land Surveyor V $135
Professional Land Surveyor VI $140
Professional Land Surveyor VII $150
Professional Land Surveyor VIII $160
Professional Land Surveyor IX $185
Professional Land Surveyor X $195
Professional Land Surveyor XI $210
Project Administrator $110
Project Assistant I $90
Project Assistant II $105
Project Controller $140
Project Manager I $135
Project Manager II $150
Project Manager III $165
Project Manager IV $180
Project Manager V $195
Project Manager VI $210
Project Manager VII $225
Proposal Manager $115
Public Involvement Assistant $90
Public Involvement Coordinator $130
Public Involvement Planner $110
Public Involvement Program Manager $175
Real Estate Services Manager $155
Right of Way Agent I $100
Right of Way Agent II $115
Right of Way Agent III $130
Right of Way Agent IV $145
Right of Way Agent V $160
Right of Way Agent VI $190
Right of Way Assistant $90
Risk Manager $175
Senior CAD Drafter $145
Senior Civil and Transportation Designer $145
Senior Manager I $215
Senior Manager II $235
Senior Manager III $245
Senior Manager IV $280
Senior Manager V $290
Senior Manager VI $310
Senior Materials Technician $95
Senior Proposal Manager $175
Survey Crew Surveyor I $65
Survey Crew Surveyor II $75
DocuSign Envelope ID: B544D1B7-9496-4CF7-B029-BEF21C26F216
Effective July 4, 2021 Until Further Notice 3 | Page
Survey Crew Surveyor III $85
Survey Crew Surveyor IV $95
Survey Crew Surveyor V $105
Survey Technician -- Supervisor $130
Survey Technician I $65
Survey Technician II $70
Survey Technician III $75
Survey Technician IV $90
Survey Technician V $95
Survey Technician VI $105
Survey Technician VII $120
Survey Technician VIII $130
Survey Technician IX $145
Systems Administrator $130
Technical Coordinator $155
Survey Crews
One-Person Survey Crew = $135/hour One-Person Survey Crew GPS/ Robotics = $155/hour Two-Person Survey Crew = $190/hour Two-Person Survey Crew GPS/ Robotics = $200/hour Two-Person Survey Crew (PLS + LSIT) = $235/hour Three-Person Survey Crew = $275/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: B544D1B7-9496-4CF7-B029-BEF21C26F216
Effective July 4, 2021 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: B544D1B7-9496-4CF7-B029-BEF21C26F216
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 Page 1 of 5
This is Attachment 3, consisting of 5 pages,
referred to in and part of the Exhibit A Task
Order 07 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 5 – 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 4 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: B544D1B7-9496-4CF7-B029-BEF21C26F216
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 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.
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Attachment 3 to Exhibit A
Professional Services Contract
June 2021 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: B544D1B7-9496-4CF7-B029-BEF21C26F216
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 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: B544D1B7-9496-4CF7-B029-BEF21C26F216
Attachment 3 to Exhibit A
Professional Services Contract
June 2021 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: B544D1B7-9496-4CF7-B029-BEF21C26F216