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HomeMy WebLinkAbout22- Professional Services Agreement - DOWL, LLC - 2022 Sewer Lining ProjectProfessional Services Agreement for [2022 Sewer Lining Project] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, DOWL,LLC DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 February1st 2 1 July 3 Professional Services Agreement for [2022 Sewer Lining Project] Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 5 of 11 must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be __Kellen Gamradt___ or such other individual as City shall designate in DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 7 of 11 writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. Kevin Johnson DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 8 of 11 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 9 of 11 subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 10 of 11 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Professional Services Agreement for [2022 Sewer Lining Project] Page 11 of 11 END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DOWL,LLC Water Supply and Wastewater Practice Lead Kevin R.Johnson,PE,BCEE DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive ■ Bozeman, Montana 59715 ■ www.dowl.com January 13, 2022 Mr. Kellen Gamradt City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Subject: 2022 CIPP Projects – Proposed Scope and Fee – Rev. 1 4528.12477.01 Dear Mr. Gamradt: Please find enclosed the revised scope of services and fee for completion of the design phase services for the 2022 CIPP Projects. We look forward to working with you and the City. Please let us know what questions or comments you have. Sincerely, DOWL Kevin R. Johnson, PE, BCEE Project Manager Attachment(s): As stated DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 1 of 10 July 2019 This is EXHIBIT A, consisting of 10 pages, is referred to in and part of the Agreement between Owner and DOWL for Professional Services dated , 2022. Project No. 4528.12477.01 Engineer’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Introduction, Pre-Design, Permitting A. The 2022 Sewer Lining Project includes rehabilitation of existing sewer mains in poor condition and/or subject to groundwater infiltration. Area 1 (Evergreen Sewer) of the project includes rehabilitation of the existing 21-inch sewer trunk main from the northeast corner of the Walmart facility, across I-90, along Evergreen Drive, crossing Montana Rail Link (MRL) railroad right-of-way (ROW), and through private property before reaching the sewer trunk main on Rouse Avenue. Area 2 (S. 19th Sewer) of the project includes the rehabilitation of an existing 8-inch sewer main subject to groundwater infiltration located primarily within South 19th Avenue between Marsh Lab and College Street. 1. The proposed Cured-In-Place-Pipe (CIPP) installations will require bypass pumping provisions made more difficult by the Montana Department of Transportation (MDT) and railroad right-of-way (ROW) crossings and the busy traffic areas at locations of bypass manholes. Based on early discussions with both MDT and MRL, the project will require permission/permitting with the agencies, and temporary construction easements from private property owners for routing of temporary sewer bypass piping. Though the project will only need bypass pumping provisions for short time periods, the coordination to procure access for bypass pumping equipment and access to bypass manholes will encompass the majority of the project effort as compared to the actual CIPP design. 2. The project will include traffic impacts to the Walmart property, the Evergreen Drive business park area, the Lehrkinds Inc. property, the Cannery District, Rouse Avenue, West Garfield Street, South 19th Avenue, Montana State University Family Graduate Housing (FGH), and S. 15th Avenue. Traffic impacts will also need to be coordinated with ongoing or planned 2022 City and State construction projects such as the Griffin Drive Reconstruction project. B. Engineer shall: 1. Consult with Owner to define and clarify Owner’s requirements for the Project and available data. 2. Advise Owner of any need for Owner to provide data or services which are not part of Engineer’s Basic Services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Engineer. 4. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 2 of 10 July 2019 authorities; and revise the Drawings and Specifications in response to directives from such authorities. 5. Perform or provide the following additional Phase tasks or deliverables: a. Existing Sewer Video Review & Condition Assessment: DOWL will review the sewer videos the City has completed and provided. The purpose of the review will be to identify any areas of the targeted sewer mains with structural or grade problems that will need to be repaired prior to slip lining with CIPP. b. Base Mapping: For use in both the construction drawings and exhibits necessary for permits and temporary construction easements, DOWL will develop base mapping from aerial imagery and available contour mapping. c. Conceptual Temporary Sewer Bypass Plans: For procurement of the necessary permits and temporary construction access agreements or easements, DOWL will develop a complete sewer bypass pumping plan to address access issues for the temporary bypass pumping required during construction. 1) DOWL will develop workable bypass pumping plans for the Evergreen sewer main for incorporation into traffic control plans at Rouse Avenue and for use in illustrating the requested temporary construction access provisions for the affected private property owners (Walmart, Westlake, Cannery District, Lehrkinds). 2) The bypass pumping plan for the S. 19th sewer will be the basis for traffic control provisions needed on S. 19th, Garfield, S. 15th and within Family Graduate Housing. 3) Changes to the bypass pumping plan during construction could warrant revisions to temporary construction access/easement agreements or traffic control plans. The intent is to provide proposed bypass plans for procurement of permits that are also adequate for construction and/or enable minor revisions to the plan without affecting any necessary agreements or approved traffic control plans. d. Preliminary Traffic Control Plans: Based upon the proposed bypass pumping plans, DOWL will prepare preliminary traffic control plans (TCP’s) for submittal to Montana Department of Transportation and City of Bozeman for review and concurrence. The final, approved TCP’s will be included in the bidding documents. e. Montana Rail Link Application: For the portion of existing sewer located under the MRL railroad tracks, MRL has indicated they will require an updated pipeline crossing permit for the sewer main. MRL has also indicated the updated agreement needs to reflect “current design standards” but it is not clear how this statement may apply for the proposed CIPP installation and if MRL will require additional improvements. For purposes of this scope of work, DOWL has assumed the permit application will reflect the CIPP installation, and MRL will accept this with no further mitigation requirements or improvements. Should MRL require more extensive mitigation or enhancement of the existing casing and/or pipeline crossing, DOWL will submit a request for equitable adjustment in scope and fee for incorporation of such additional mitigation measures and/or necessary design changes. f. Montana Department of Transportation Occupancy Permit(s): For the portion of the existing Evergreen sewer segment located under the I-90 interstate, MDT will require an update to the occupancy permit through MDT’s online Utility Permitting Administration System (UPAS). Similarly, the traffic control plans for impacts to Rouse Avenue for the DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 3 of 10 July 2019 sewer bypass can be submitted through the UPAS system. For S. 19th, MDT has indicated this route is within the City of Bozeman maintenance areas and the City can oversee permitting for sewer rehabilitation. As with the MRL application, DOWL has assumed the permit application will reflect installation of the CIPP liner and no further mitigation will be required. Should MDT require more extensive mitigation or enhancement of the existing casing and/or pipeline crossing, DOWL will submit a request for commensurate adjustment in the scope and fee for incorporation of such additional mitigation measures and/or necessary design changes. g. Private Landowner Access Agreements: The construction process will warrant permission from several landowners for temporary construction access and/or routing of temporary bypass piping. will prepare exhibits and work descriptions for incorporation into Temporary Construction Easements (TCE’s) for execution by the landowner and the City. We anticipate the TCE’s are compensable and waiver valuations will be necessary for the TCE’s. DOWL anticipates completion of the following sequence of tasks to secure TCE’s. 1) Waiver Valuation: Includes title review of publicly available documentation to verify current ownership, comparable research, identification of Fair Market Value and document creation. 2) Offer Package Preparation: Includes preparation of draft offer package and presentation to the City for any comments before providing to the owners. 3) Offer Presentation: Includes preparation and meeting with owners for presentation of final offer packages and addressing owner questions and documenting the communications. 4) Negotiation and Coordination: Includes time for follow up contacts, coordination of explanations and alleviation of owner concerns, signing paperwork, compiling file and all documents for the City and transmittal of the file and associated documents for payment by the City to the owner. 5) It is assumed all valuation research and identification of ownership will be completed using publicly available information via desktop review and no title reports are anticipated. 6) DOWL anticipates access agreements or temporary construction easements will be necessary from the below identified entities. a) Walmart: Key manholes are located within the access road around the north and east sides of the Walmart building. It may be necessary to temporarily block the path around the back of the building during, at least, the first two stages of CIPP installation and bypass pumping, as the piping will block the access road around the building. Following the first two segment installations, a manhole out of the roadway can be used for the bypass pump suction line, and the road can remain open thereafter. DOWL will work with Walmart to coordinate this short-term access road closure and obtain a TCE to allow the contractor to stage bypass pumping and piping equipment from this corner of the Walmart property. b) Westlake Property: MDT has indicated bypass pipe and equipment cannot be placed inside the interstate controlled access right-of-way. Thus, the best bypass DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 4 of 10 July 2019 route is to install pipe adjacent to the ROW fence but on the private property side, owned by Westlake. DOWL will work with Westlake to pursue a TCE for access to the proposed bypass pipe installation route along the north side of the affected private property parcel. The anticipated duration of this bypass is approximately 30 calendar days. c) Cannery District: The proposed sewer bypass piping route exits the Westlake property and enters the Cannery District property until intersecting the Rouse Avenue ROW. DOWL will work with the Cannery District to pursue a TCE for access and installation of the temporary sewer bypass pipe along the north side of this property parcel. d) Lehrkinds, Inc.: The City holds an easement for the sewer main crossing the Lehrkind property. The most practical access to the easement is through the existing parking lot. DOWL will work with Lehkinds to obtain a temporary access agreement for additional short term access for the construction equipment and installation of the CIPP. e) Whitefish LP II (Osterman’s Mini Warehouse): For project manhole on the east side of the railroad tracks, ready access is available through this property. A TCE is not anticipated but DOWL will work with this owner to obtain temporary access agreement to cross the property and access the necessary manhole. f) Family Graduate Housing/Montana State University (S. 19th Sewer): The best apparent sewer bypass route for the CIPP installation on S. 19th is through Family Graduate Housing between S. 19th and S. 15th Avenues. DOWL will coordinate with MSU and/or Family Graduate Housing to pursue TCE for access and routing of the necessary bypass piping across this property. Similarly, if adequate easement is not available at the south end of the project at Marsh Lab, DOWL will pursue access agreements for this area as well. h. Sewer Flow Monitoring: The City owns open channel flow monitoring equipment for use in measuring sanitary sewer flows. April and May tend to produce the highest flows with snow melt and rain showers. Thus, the intent will be to collect flow data both before the peak flow and during the peak months to capture the range of possible flows. We anticipate two (2) different installation and monitoring periods for the 21-inch main in Area 1. Flow monitoring is not as critical for the 8-inch mains on S. 19th but we propose a single monitoring period for this area as well. The City will install this equipment and collect the flow monitoring data for use in selecting the appropriate temporary bypass pumping flow rates to include in the bidding/construction documents. We have provided time for assistance with meter calibration and data collection/download from the equipment using the City’s equipment and software licensing. i. American Rescue Plan Act (ARPA) Application Materials: DOWL will prepare application materials for use of the City’s Minimum Allocation Funds from the ARPA. Application materials will include the following: 1) Minimum Allocation Funds Application (applicant information, project description, location, type and summary, goals, objectives, level of readiness, schedule, budget). 2) Montana Environmental Policy Act (MEPA) Checklist: This includes documentation of the source of all information and statements provided in the checklist and generation of any necessary figures and maps, along with contact with environmental agencies with interest within the project area. DEQ/DNRC will utilize this information to assist DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 5 of 10 July 2019 in preparation of the required environmental assessment and advertising for public comment. C. Engineer’s services under this phase will be considered complete on the date when the necessary, signed access agreements are received and any other deliverables have been delivered to Owner. A1.02 Preliminary Design Phase A. The Preliminary Design Phase will include the following tasks. 1. Prepare Preliminary Design Phase documents consisting of project design criteria and assumptions, preliminary drawings, outline specifications, and written descriptions of the Project. The Preliminary Construction Drawings are expected to include the following: Drawing Description Expected Number of Sheets General, Cover, Legend, Notes, Key Maps 4 21” Evergreen Sewer Main – CIPP Plan Sheets (2,500 LF; 1” = 40’; 800-900’ per sheet) 3 Evergreen - Bypass Pumping Plans 2 Evergreen/Rouse – Traffic Control Plans 1 S. 19th Sewer Mains – CIPP Plan Sheets (2,500 LF) 3 S. 19th – Bypass Pumping Plans 2 S. 19th – Traffic Control Plans 1 General Details 3 Estimated Sheet Count 19 a. CIPP Design: The Cured-In-Place-Pipe thickness design will be based upon a 50-year design life and fully deteriorated pipe condition. The structural pipe design calculations may also need to take into account unique railroad loading conditions for the portions under the railroad. The CIPP design will identify the minimum required CIPP liner thickness to withstand the expected external loading imposed on the pipelines. Project design beyond CIPP for the railroad or MDT permitting requirements will be competed as necessary with an amendment to this scope of services. b. Lateral Restoration: The design will include provisions to address lateral connections where problems are identified with sewer lateral connections. This may include excavation to replace the connections or trenchless installation of new lateral inserts, where applicable. Treatment of laterals will depend on the condition identified in the sewer videos, the implications of not resolving any issues, and the location of the lateral with respect to the corresponding ground surface improvements. c. Preliminary Specifications and Draft Special Provisions: Preliminary 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. DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 6 of 10 July 2019 1) 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 property access allowances and highlight specific permit requirements. 2) Additionally, DOWL will provide an itemized bid schedule and technical CIPP specifications. 2. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility owners. a. Field survey is anticipated to include limited survey of the affected manholes to get accurate sewer section lengths along with invert measure downs to allow identification of the manhole depths on the construction drawings for contractor’s reference. b. Additional topographical survey is not anticipated unless areas of the existing sewer mains are found to need dig and repair improvement prior to the proposed CIPP installation. In this case, limited additional topographic survey may be necessary to ensure adequate information can be provided in the construction drawings for the dig, replace/repair, and restoration of specified pipeline sections. For the purpose of project budgeting, two (2) days of survey crew time is included for additional pickup survey. c. No permanent easements are anticipated for the completion of the CIPP project. No specific property or right-of-way research or survey is anticipated for procurement of temporary construction easements for bypass pipe routing. 3. Advise Owner if additional reports, data, information, or services are necessary and assist Owner in obtaining such reports, data, information, or services. 4. Based on the information contained in the Preliminary Design Phase documents, DOWL will prepare an opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 5. Furnish Preliminary Design Phase documents and any other deliverables to Owner within 90 calendar days of authorization to proceed with this phase and review them with Owner. Within 14 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 6. Incorporate Owner’s comments to the Preliminary Design Phase documents and any other deliverables into the Final Design Phase documents. 7. Submit design report, plans and specifications to the Montana Department of Environmental Quality for review and approval to construct. We have estimated these fees based on the current fee schedule and included in the fee proposal. DOWL will pay the permit fee on behalf of the City. B. Engineer’s services under the Preliminary Design Phase will be considered complete on the date when the Preliminary Design Phase documents, opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. A1.03 Final Design Phase A. After acceptance by the Owner of the Preliminary Design Phase documents, opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 7 of 10 July 2019 subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Construction Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 3. Prepare and furnish bidding documents for review by Owner and other advisors and assist Owner in the preparation of other related documents. Within 14 days of receipt, Owner shall submit to Engineer any comments and instructions for revisions. 4. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit 2 final hard copies and one (1) electronic PDF copy of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 14 calendar days after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete when the submittals required for project bidding have been delivered to Owner. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is one (1). If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.04 Bidding or Negotiating Phase – Not included. A1.05 Construction Phase (not included) PART 2 – ADDITIONAL SERVICES A2.01 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 DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 8 of 10 July 2019 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 Part 1, 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. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Part 1, Basic Services, if any. 10. If not required as part of Basic Services defined in Part 1 above, 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 Part 1 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 Part 1, 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 Part 1 above, preparation of operation and maintenance manuals. 17. 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. DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 9 of 10 July 2019 18. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner other than those required under Part 1, Basic Services. 19. If not required as part of Basic Services defined in Part 1 above, assistance in connection with the adjusting of Project equipment and systems. 20. If not required as part of Basic Services defined in Part 1 above, assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 21. If not required as part of Basic Services defined in Part 1 above, assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record-keeping. 22. If not required as part of Basic Services defined in Part 1 above, overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. PART 3 – INSURANCE REQUIREMENTS (see contract) PART 4 - COMPENSATION A4.01 Basic Services – Lump Sum Article I of the Agreement is supplemented to include the following agreement of the parties: A. Owner shall pay Engineer for Basic Services set forth in this Exhibit A, as follows: 1. A Lump Sum amount of $136,656.00 based on the following estimated distribution of compensation: a. Pre-Design, Permitting Phase $76,294.00 b. Preliminary Design Phase $46,150.00 c. Final Design Phase $14,212.00 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered but shall not exceed the total amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the percentage of the total services actually completed during the billing period. DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Exhibit A - Professional Services Agreement Page 10 of 10 July 2019 B. Period of Service: The compensation amount stipulated above is conditioned on a period of service not exceeding 24 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Prepared By: K. Johnson Reviewed By: Summary P. Yakawich 1 Project Management 27 4,896.00$-$4,896.00$ 2 --$-$-$ 3 Sewer Video Review - CIPP Eligibility 20 2,440.00$-$2,440.00$ 4 Base Mapping - Aerials/Topo's 36 4,200.00$-$4,200.00$ 5 --$-$-$ 6 MRL Application Materials; Exhibits 48 5,600.00$-$5,600.00$ 7 MRL Meetings and Correspondence 32 4,160.00$33.00$4,193.00$ 8 Temp Sewer Bypass Plans - I15/MRL/Rouse 40 4,880.00$-$4,880.00$ 9 Temp Sewer Bypass Plans - S. 19th 36 4,520.00$-$4,520.00$ 10 MDT Application Materials - UPASS; S. 19th, Rouse 44 5,560.00$-$5,560.00$ 11 MDT Meetings and Correspondence 8 1,200.00$33.00$1,233.00$ 12 Traffic Control Plans; Rouse, S. 19th 32 3,400.00$-$3,400.00$ 13 Temp. Constr. Easement (TCE) - (Walmart)28 3,780.00$11.00$3,791.00$ 14 TCE - (Westlake)28 3,780.00$38.50$3,818.50$ 15 TCE - (MSU/FGH)28 3,780.00$38.50$3,818.50$ 16 TCE - (Cannery Dist)28 3,780.00$38.50$3,818.50$ 17 Temporary Access Agreement (Lehrkinds)6 890.00$60.50$950.50$ 18 Temporary Access Agreement (Whitefish LP II)6 890.00$-$890.00$ 19 Sewer Flow Monitoring - Assistance 12 1,560.00$605.00$2,165.00$ 20 ARPA Application Materials & Coordination 28 3,680.00$-$3,680.00$ 21 MEPA Checklist, Document and Exhibits 44 5,240.00$-$5,240.00$ 22 Quality Control 40 7,200.00$-$7,200.00$ 23 --$-$-$ 571 75,436.00$858.00$76,294.00$ 1 Project Management 15 2,646.00$-$2,646.00$ 2 --$-$-$ 3 Survey - Manholes & Measure Downs 34 6,340.00$1,551.00$7,891.00$ 4 Survey - Topo Pickup 26 4,540.00$1,023.00$5,563.00$ 5 --$-$-$ 6 Prelim Plan Sheets - Gen, Details 32 3,680.00$-$3,680.00$ 7 Prelim Plan Sheets - Evergreen 60 6,360.00$-$6,360.00$ 8 Prelim Plan Sheets - S. 19th 60 6,360.00$-$6,360.00$ 9 --$-$-$ 10 Prelim Specifications 26 3,480.00$-$3,480.00$ 11 Prelim. EOPC 10 1,400.00$-$1,400.00$ 12 --$-$-$ 13 DEQ Submittal & Correspondence 22 2,800.00$1,650.00$4,450.00$ TotalsExpenses CostsHours Subtotal TaskPhase Name Pre-Design Preliminary Design Project: Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Labor Subtotal T&M Lump Sum Other ______________________ \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Summary DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Prepared By: K. Johnson Reviewed By: Summary P. Yakawich TotalsExpenses CostsHours TaskPhase Name Project: Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Labor Subtotal 14 --$-$-$ 15 Quality Control 24 4,320.00$-$4,320.00$ 16 --$-$-$ 309 41,926.00$4,224.00$46,150.00$ 1 Project Management 5 972.00$-$972.00$ 2 --$-$-$ 3 Final Drawings 58 6,040.00$-$6,040.00$ 4 Final Specifications 26 3,480.00$-$3,480.00$ 5 10 1,400.00$-$1,400.00$ 6 Final EOPC 6 880.00$-$880.00$ 7 Quality Control 8 1,440.00$-$1,440.00$ 8 --$-$-$ 113 14,212.00$-$14,212.00$ 1 Project Management --$-$-$ 2 --$-$-$ 3 --$-$-$ 4 Plans Exchange Set Up (QuestCDN)--$-$-$ 5 Prebid Meeting --$-$-$ 6 Bidding, Questions, Addenda --$-$-$ 7 Bid Opening --$-$-$ 8 Bid Reviews, Rec. for Award --$-$-$ 9 Rvw. Bonds, Insurance, Contracts --$-$-$ 10 --$-$-$ 11 --$-$-$ --$-$-$ 993 131,574.00$5,082.00$136,656.00$ Subtotal Subtotal TOTAL Bidding Subtotal Final Design T&M Lump Sum Other _________________________ T&M Lump Sum Other ________________________ T&M Lump Sum Other ________________________ \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Summary DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Labor KRJ/DOF/PS PY DW BB LB $ 180/hour $ 170/hour $ 130/hour $ 90/hour $ 190/hour $ 115/hour $ 160/hour $ 120/hour 1 Project Management 27 27 4,896.00$ 2 --$ 3 Sewer Video Review - CIPP Eligibility 4 16 20 2,440.00$ 4 Base Mapping - Aerials/Topo's 12 24 36 4,200.00$ 5 ---$ 6 MRL Application Materials; Exhibits 32 16 48 5,600.00$ 7 MRL Meetings and Correspondence 32 32 4,160.00$ 8 Temp Sewer Bypass Plans - I15/MRL/Rouse 8 16 16 40 4,880.00$ 9 Temp Sewer Bypass Plans - S. 19th 8 16 12 36 4,520.00$ 10 MDT Application Materials - UPASS; S. 19th, Rouse 40 4 44 5,560.00$ 11 MDT Meetings and Correspondence 4 4 8 1,200.00$ 12 Traffic Control Plans; Rouse, S. 19th 4 16 12 32 3,400.00$ 13 Temp. Constr. Easement (TCE) - (Walmart)2 16 10 28 3,780.00$ 14 TCE - (Westlake)2 16 10 28 3,780.00$ 15 TCE - (MSU/FGH)2 16 10 28 3,780.00$ 16 TCE - (Cannery Dist)2 16 10 28 3,780.00$ 17 Temporary Access Agreement (Lehrkinds)2 2 2 6 890.00$ 18 Temporary Access Agreement (Whitefish LP II)2 2 2 6 890.00$ 19 Sewer Flow Monitoring - Assistance 12 12 1,560.00$ 20 ARPA Application Materials & Coordination 4 20 4 28 3,680.00$ 21 MEPA Checklist, Document and Exhibits 32 12 44 5,240.00$ 22 Quality Control 40 40 7,200.00$ 23 ---$ 71 44 212 104 -68 44 28 571 75,436.00$ 1 Project Management 15 15 2,646.00$ 2 ---$ 3 Survey - Manholes & Measure Downs 2 32 34 6,340.00$ 4 Survey - Topo Pickup 2 20 4 26 4,540.00$ 5 ---$ 6 Prelim Plan Sheets - Gen, Details 4 12 16 32 3,680.00$ 7 Prelim Plan Sheets - Evergreen 4 16 40 60 6,360.00$ 8 Prelim Plan Sheets - S. 19th 4 16 40 60 6,360.00$ 9 ---$ 10 Prelim Specifications 2 24 26 3,480.00$ 11 Prelim. EOPC 2 8 10 1,400.00$ 12 ---$ 13 DEQ Submittal & Correspondence 2 16 4 22 2,800.00$ Prepared By: K. Johnson Reviewed By: P. Yakawich Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Phase Name Pre-Design Preliminary Design Subtotal Engineer V CostHours Labor SubtotalEngineer VI Task Engr IIROW Agent Sr.Engineer III Tech II (Drafting) Survey Crew ROW Agent II \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Labor DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Labor KRJ/DOF/PS PY DW BB LB $ 180/hour $ 170/hour $ 130/hour $ 90/hour $ 190/hour $ 115/hour $ 160/hour $ 120/hour Prepared By: K. Johnson Reviewed By: P. Yakawich Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 1/11/2022 Phase Name Engineer V CostHours Labor SubtotalEngineer VI Task Engr IIROW Agent Sr.Engineer III Tech II (Drafting) Survey Crew ROW Agent II 14 ---$ 15 Quality Control 24 24 4,320.00$ 16 ---$ 45 12 96 100 52 -4 309 41,926.00$ 1 Project Management 5 5 972.00$ 2 ---$ 3 Final Drawings 2 16 40 58 6,040.00$ 4 Final Specifications 2 24 26 3,480.00$ 5 Final Bid Documents 2 8 10 1,400.00$ 6 Final EOPC 2 4 6 880.00$ 7 Quality Control 8 8 1,440.00$ 8 ---$ 19 ---$ 20 ---$ 21 -52 40 ---113 14,212.00$ 1 Project Management --$ 2 ---$ 3 ---$ 4 Plans Exchange Set Up (QuestCDN)--$ 5 Prebid Meeting --$ 6 Bidding, Questions, Addenda --$ 7 Bid Opening --$ 8 Bid Reviews, Rec. for Award --$ 9 Rvw. Bonds, Insurance, Contracts --$ 10 ---$ ---------$ 137 56 360 244 52 68 44 32 993 24,714.00$9,520.00$46,800.00$21,960.00$9,880.00$7,820.00$7,040.00$3,840.00$131,574.00$ Final Design Bidding Subtotal Subtotal Subtotal LABOR COST TOTAL LABOR HOUR TOTAL \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Labor DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 Expenses 1/11/2022 Autos Total $55/day $130/night $ 1.50 Cost *Other Expenses Description 1 Project Management -$-$-$-$-$0%-$ 2 - 3 Sewer Video Review - CIPP Eligibility -$-$-$-$-$0%-$ 4 Base Mapping - Aerials/Topo's 5 --$-$-$-$-$0%-$ 6 MRL Application Materials; Exhibits -$-$-$-$-$0%-$ 7 MRL Meetings and Correspondence -$-$20 30.00$30.00$30.00$10%33.00$ 8 Temp Sewer Bypass Plans - I15/MRL/Rouse -$-$-$-$-$10%-$ 9 Temp Sewer Bypass Plans - S. 19th -$-$-$-$-$10%-$ 10 MDT Application Materials - UPASS; S. 19th, Rouse -$-$-$-$-$10%-$ 11 MDT Meetings and Correspondence -$-$20 30.00$30.00$30.00$10%33.00$ 12 Traffic Control Plans; Rouse, S. 19th -$-$-$-$-$10%-$ 13 Temp. Constr. Easement (TCE) - (Walmart)-$-$20 16.00$10.00$10.00$10%11.00$ 14 TCE - (Westlake)-$-$20 16.00$10.00$25.00$35.00$10%38.50$ 15 TCE - (MSU/FGH)-$-$20 16.00$10.00$25.00$35.00$10%38.50$ 16 TCE - (Cannery Dist)-$-$20 16.00$10.00$25.00$35.00$10%38.50$ 17 Temporary Access Agreement (Lehrkinds)-$-$20 30.00$30.00$25.00$55.00$10%60.50$ 18 Temporary Access Agreement (Whitefish LP II)-$-$-$-$-$10%-$ 19 Sewer Flow Monitoring - Assistance -$-$200 300.00$300.00$250.00$550.00$10%605.00$ 20 ARPA Application Materials & Coordination -$-$-$-$-$0%-$ 21 MEPA Checklist, Document and Exhibits -$-$-$-$-$0%-$ 22 Quality Control -$-$-$-$-$0%-$ 23 --$-$-$-$-$0%-$ --$--$340 454.00$454.00$350.00$-$804.00$858.00$ 1 Project Management -$-$-$-$-$0%-$ 2 --$-$-$-$-$0%-$ 3 Survey - Manholes & Measure Downs 8 440.00$4 520.00$300 450.00$1,410.00$1,410.00$10%####### 4 Survey - Topo Pickup 4 220.00$2 260.00$300 450.00$930.00$930.00$10%####### 5 --$-$-$-$-$0%-$ 6 Prelim Plan Sheets - Gen, Details -$-$-$-$-$0%-$ 7 Prelim Plan Sheets - Evergreen -$-$-$-$-$0%-$ 8 Prelim Plan Sheets - S. 19th -$-$-$-$-$0%-$ 9 --$-$-$-$-$0%-$ 10 Prelim Specifications -$-$-$-$-$0%-$ 11 Prelim. EOPC -$-$-$-$-$0%-$ 12 --$-$-$-$-$0%-$ 13 DEQ Submittal & Correspondence -$-$-$-$1,500.00$1,500.00$10%####### 14 --$-$-$-$-$0%-$ 15 Quality Control -$-$-$-$-$0%-$ 16 --$-$-$-$-$0%-$ 12 660.00$6 780.00$600 900.00$2,340.00$-$1,500.00$3,840.00$####### 1 Project Management -$-$-$-$-$0%-$ 2 --$-$-$-$-$0%-$ 3 Final Drawings -$-$-$-$-$0%-$ 4 Final Specifications -$-$-$-$-$0%-$ 5 --$-$-$-$-$0%-$ 6 Final EOPC -$-$-$-$-$0%-$ 7 Quality Control -$-$-$-$-$0%-$ 8 --$-$-$-$-$0%-$ Prepared By: Total w/ Mark Up % Mark Up P. Yakawich Reviewed By: K. Johnson Phase Name Pre-Design Preliminary Design Final Design Subtotal Subtotal Task Per Diem (State) Travel, Mileage, & Misc. Subtotal Lodging Direct Expenses SubtotalCost Supplies *Other Expenses Travel, Mileage, & Misc. Subtotal \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Expenses DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1 Bozeman 2022 CIPP Projects Client: City of Bozeman Project #: 4528.12477.01 Expenses 1/11/2022 Autos Total $55/day $130/night $ 1.50 Cost *Other Expenses Description Prepared By: Total w/ Mark Up % Mark Up P. Yakawich Reviewed By: K. Johnson Phase Name Task Per Diem (State) Travel, Mileage, & Misc. Subtotal Lodging Direct Expenses SubtotalCost Supplies *Other Expenses Travel, Mileage, & Misc. Subtotal --$--$--$-$-$-$-$-$ 1 Project Management -$-$-$-$-$0%-$ 2 --$-$-$-$-$0%-$ 3 --$-$-$-$-$0%-$ 4 Plans Exchange Set Up (QuestCDN)-$-$-$-$-$0%-$ 5 Prebid Meeting -$-$-$-$-$0%-$ 6 Bidding, Questions, Addenda -$-$-$-$-$0%-$ 7 Bid Opening -$-$-$-$-$0%-$ 8 Bid Reviews, Rec. for Award -$-$-$-$-$0%-$ 9 Rvw. Bonds, Insurance, Contracts -$-$-$-$-$0%-$ 10 --$-$-$-$-$0%-$ --$--$--$-$-$-$-$-$ 12 660.00$6 780.00$940 1,354.00$2,794.00$350.00$1,500.00$4,644.00$#######EXPENSES TOTAL Bidding Subtotal Subtotal \\dowl.com\j\Projects\28\12477-00\Scoping\2022 Sewer Lining Fee Proposal_V2.xlsx Expenses DocuSign Envelope ID: 136FBF32-F5CF-4188-879E-75CC94CAA2E1