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Home My WebLink AboutRFP-TA-FINALPage 1 of 11 REQUEST FOR PROPOSALS (RFP) PROFESSIONAL SERVICES FOR TRANSPORTATION ALTERNATIVES PROJECTS PATH PRESERVATION II – BOZEMAN, TA 50‐2(105)87, UPN 10450000 BIKE/PED PATHS – BOZEMAN, TA 412‐1(3)1, UPN 10453000 CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771‐1230 October 2024 Page 2 of 11 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from qualified firms to provide wetland delineation and environmental document preparation, associated with two Transportation Alternatives Grant‐Funded Projects for construction in 2025. Copies of the Request for Proposals and supplemental information are available on the City’s website at https://www.bozeman.net/government/city‐clerk/bids‐rfps‐rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by October 17, 2024 at 2:00pm MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: procurement@bozeman.net NON‐DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39‐3‐104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non‐responsive. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582‐2321, procurement@bozeman.net. Questions relating to the RFQ should be directed to: Kellen Gamradt, Engineer II, (406) 582‐2283, kgamradt@bozeman.net DATED at Bozeman, Montana, this 25th day of September, 2024. Mike Maas City Clerk City of Bozeman For publication on: Saturday, 9/28/2024 Saturday, 10/5/2024 Saturday, 10/12/2024 /͘/EdZKhd/KE dŚĞŝƚǇŽĨŽǌĞŵĂŶ;KǁŶĞƌͿ͕ŝƐƐĞĞŬŝŶŐƉƌŽƉŽƐĂůƐĨƌŽŵƋƵĂůŝĨŝĞĚĨŝƌŵƐƚŽƉƌŽǀŝĚĞǁĞƚůĂŶĚĚĞůŝŶĞĂƚŝŽŶ ĂŶĚ ĞŶǀŝƌŽŶŵĞŶƚĂů ĚŽĐƵŵĞŶƚ ƉƌĞƉĂƌĂƚŝŽŶ͕ ƌĞůĂƚĞĚ ƚŽ ƚǁŽ ƚƌĂŶƐƉŽƌƚĂƚŝŽŶ ĂůƚĞƌŶĂƚŝǀĞƐ ŐƌĂŶƚͲĨƵŶĚĞĚ ƉƌŽũĞĐƚƐ͘ dŚĞ KǁŶĞƌ ŝŶƚĞŶĚƐ ƚŽ ĞŶƚĞƌ ŝŶƚŽ Ă ĐŽŶƚƌĂĐƚ ǁŝƚŚ ƚŚĞ ƐĞůĞĐƚĞĚ Ĩŝƌŵ ƚŚĂƚ ǁŝůů ŝŶĐůƵĚĞ ƉƌŽĨĞƐƐŝŽŶĂů ĞŶŐŝŶĞĞƌŝŶŐƐĞƌǀŝĐĞƐǁŚŝĐŚǁŝůůďĞŶĞŐŽƚŝĂƚĞĚǁŝƚŚƚŚĞƐĞůĞĐƚĞĚĨŝƌŵ͘ dŚŝƐZ&WƐŚĂůůŶŽƚĐŽŵŵŝƚƚŚĞKǁŶĞƌƚŽĞŶƚĞƌŝŶƚŽĂŶĂŐƌĞĞŵĞŶƚ͕ƚŽƉĂǇĂŶǇĞǆƉĞŶƐĞƐŝŶĐƵƌƌĞĚŝŶ ƉƌĞƉĂƌĂƚŝŽŶŽĨĂŶǇƌĞƐƉŽŶƐĞƚŽƚŚŝƐƌĞƋƵĞƐƚ͕ŽƌƚŽƉƌŽĐƵƌĞŽƌĐŽŶƚƌĂĐƚĨŽƌĂŶǇƐƵƉƉůŝĞƐ͕ŐŽŽĚƐŽƌƐĞƌǀŝĐĞƐ͘ dŚĞKǁŶĞƌƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽĂĐĐĞƉƚŽƌƌĞũĞĐƚĂůůƌĞƐƉŽŶƐĞƐƌĞĐĞŝǀĞĚĂƐĂƌĞƐƵůƚŽĨƚŚŝƐZ&WŝĨŝƚŝƐŝŶƚŚĞ KǁŶĞƌ͛ƐďĞƐƚŝŶƚĞƌĞƐƚƚŽĚŽƐŽ͘ dŚŝƐƉƌŽĐƵƌĞŵĞŶƚŝƐŐŽǀĞƌŶĞĚďǇƚŚĞůĂǁƐŽĨƚŚĞ^ƚĂƚĞŽĨDŽŶƚĂŶĂĂŶĚǀĞŶƵĞĨŽƌĂůůůĞŐĂůƉƌŽĐĞĞĚŝŶŐƐ ƐŚĂůůďĞŝŶƚŚĞϭϴƚŚ:ƵĚŝĐŝĂůŝƐƚƌŝĐƚŽƵƌƚ͕'ĂůůĂƚŝŶŽƵŶƚǇ͘ǇŽĨĨĞƌŝŶŐƚŽƉĞƌĨŽƌŵƐĞƌǀŝĐĞƐƵŶĚĞƌƚŚŝƐZ&W͕ 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GLVFULPLQDWHRQWKHEDVLVRIUDFHFRORUUHOLJLRQFUHHGVH[DJHPDULWDOVWDWXVQDWLRQDORULJLQRUEHFDXVH RIDFWXDORUSHUFHLYHGVH[XDORULHQWDWLRQJHQGHULGHQWLW\RUGLVDELOLW\DQGDFNQRZOHGJHVDQGXQGHUVWDQGV WKHHYHQWXDOFRQWUDFWZLOOFRQWDLQDSURYLVLRQSURKLELWLQJGLVFULPLQDWLRQDVGHVFULEHGDERYHDQGWKLV SURKLELWLRQRQGLVFULPLQDWLRQVKDOODSSO\WRWKHKLULQJDQGWUHDWPHQWVRUSURSRVHU¶VHPSOR\HHVDQGWRDOO VXEFRQWUDFWV ,QDGGLWLRQBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBQDPHRIHQWLW\VXEPLWWLQJKHUHE\DIILUPVLWZLOO DELGHE\WKH(TXDO3D\$FWRIDQG6HFWLRQ0&$WKH0RQWDQD(TXDO3D\$FWDQGKDV YLVLWHGWKH6WDWHRI0RQWDQD(TXDO3D\IRU(TXDO:RUN³EHVWSUDFWLFHV´ZHEVLWH KWWSVHTXDOSD\PWJRY%HVW3UDFWLFHV(PSOR\HUVRUHTXLYDOHQW³EHVWSUDFWLFHVSXEOLFDWLRQDQGKDVUHDG WKHPDWHULDO BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 1DPHDQGWLWOHRISHUVRQDXWKRUL]HGWRVLJQRQEHKDOIRIVXEPLWWHU 1 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of , between THE CITY OF BOZEMAN, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and , (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: Environmental document preparation and wetland delineation to assist with the design of two transportation alternatives grant projects to install shared used pathways in the following locations: on the west side of Valley Center Road from Catron Street to the existing pathway connection approximately 200 linear feet south of Catamount Street, on the west side of North 19th Avenue from Rawhide Ridge to Baxter Lane, and on the east side of Flanders Mill Road from Durston Road to Auger Lane and to preserve existing pathways on Huffine Lane, Oak Street, and North 19th Avenue. 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be . 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be . The OWNER may name a Task Director 3 who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Kellen Gamradt. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.2 PRELIMINARY DESIGN PHASE After receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. 4.2.10. ENGINEER shall draft an environmental document (Act. 116) for submittal to the Montana Department of Transportation for each Transportation alternatives project. Each project shall include the following additional environmental activities:  Environmental Engineering Existing Conditions Report (Act. 111)  Cultural Resources Management Plan (Act. 177)  Request Environmental Information (Act. 178)  Haz Mat, Water Quality, and Initial Site Assessment (Act. 181)  Biological Resources Report and Preliminary Biological Assessment (Act. 182) 4.2.11. ENGINEER shall draft a wetlands determination document for the work locations on Catron Street and North 19th Avenue. The Preliminary Design Phase will be completed and submitted within calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings, documents and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and constructionfor submittal to the Montana Department of Transportation. 5 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER two copies and an electronic copy of the environmental Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3.5. ENGINEER shall respond to any review comments from the Montana Department of Transportation and the OWNER. ENGINEER is responsible for delivering an approved environmental document and wetland determination for each Transportation alternative project. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide and maintain detailed documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trench backfill, and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 6 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $ for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4) shall not exceed the following ceilings: $ (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. $ (100% of design fee) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 7 6.1.5 Cost shall include: (1) Direct Costs. Direct Costs shall be in conformance with 48 CFR Part 31, and the AASHTO Uniform Audit & Accounting Guide, and may include the cost of Subconsultants. The Consultant certifies that any projected salary rate increases included in the Proposal are based reasonably on the Consultant’s usual and customary practices. Prior written approval of the OWNER is required for overtime compensation. (2) Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement, the OWNER will give Notice to the Consultant of the Indirect Cost (IDC) rates that will be applied to this Agreement. Such notice is incorporated herein by this reference. The IDC rate and supporting documentation must be calculated and submitted in accordance with 23 CFR § 172 using the cost principles of 48 CFR Part 31. The Consultant will establish the IDC rate based on the Consultant's Accounting Period. In no event will the IDC rate cause an increase or decrease in the Total Compensation. In no event will the IDC rate cause an increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER an accepted Certification of Indirect Costs. For purposes of compensation, the rights and obligations of the Consultant set forth in this Section shall apply to the Subconsultant. Each Subconsultant shall submit to the irrevocable commitment option specified by the Consultant. (a) An Indirect Cost Rate is required, except when total compensation is less than or equal to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a current, OWNER-accepted indirect cost rate or cognizant audit; or Subconsultant is providing vendor-type services or contract labor and does not have a current, OWNER-accepted indirect cost rate or cognizant audit. (b) An unaudited indirect cost rate is acceptable when the Total Compensation is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment determines an unaudited indirect cost rate is acceptable. (c) An audited indirect cost rate is required when The Total Compensation is more than Two Hundred Fifty Thousand Dollars ($250,000); or a Risk Assessment determines that an audited indirect cost rate is required. (d) In unique cases, Negotiated or Provisional Indirect Cost Rates may be used, as described in MDT’s Consultant Services Manual, if all parties agree. (e) Due date. (i) Due date (Audited). If an audited indirect cost rate is required, within thirty (30) days of the date of an independent auditor’s report setting the consultant’s audited overhead rate, the new bona fide audited IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. (ii) Due date (Unaudited). If an unaudited indirect cost rate is required, within thirty (30) days of its calculation, a bona fide IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. (iii) At the OWNER’s sole discretion, the Consultant shall pay the OWNER liquidated damages at the rate of One Hundred Dollars ($100.00) per day for each day after the Due Date. (f) Effective date. (i) The IDC rate expires one (1) year after the end of the Accounting Period. (ii) Before the end of the Grace Period, defined as six (6) months following the expiration of the IDC rate, the Consultant shall submit a new IDC rate. 8 (iii) An IDC rate submitted within the Grace Period is effective as of the first day of the month following the month of the OWNER’s letter of acceptance; except, an IDC rate not accepted by the OWNER by the end of the Grace Period is retroactive to the end of the Grace Period. (iv) A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. (v) In the event the OWNER, in its sole discretion, determines that the submitted IDC rate is not bona fide, the rate will be effective on the date accepted and will not be retroactive. (vi) Failure by the Consultant to provide an IDC rate, as required herein, may result in a One Hundred Percent (100%) forfeiture of the IDC rate portion for services rendered after the Grace Period. (g) The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options: (i) Consultant’s IDC rate will remain fixed through the term of this Agreement. In the event of any extension of the term of this Agreement, then the Consultant shall provide its new rate; or if a new rate is unavailable, then a new rate will be negotiated by the parties. (ii) Following the same procedure as for the original submission, the Consultant’s IDC rate will be submitted annually, within the Grace Period. (h) The Consultant may request exceptions to the requirements of this section on a case-by-case basis, and the OWNER will consider these exceptions. Any exceptions, if approved, must be in writing and must comply with all applicable laws, regulations, policies, and procedures. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.7, 5.1, and 5.2 including: Construction Testing and additional services, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Additional Services and Construction Phase Services an amount not to exceed except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 9 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $ which includes $ for consultants employed by the Engineer and $ for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit " ". 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals $ /hour Project Manager $ /hour Senior Engineer $ /hour Staff Engineer $ /hour Senior Technicians $ /hour CADD Drafter $ /hour Technicians $ /hour Construction Inspector $ /hour Two Person Survey Crew $ /hour Clerical $ /hour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence 10 incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre- approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, 11 summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER 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 ENGINEER 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. 12 ENGINEER 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). ENGINEER 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. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the 13 OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: 14 Type of Coverage Limits Employers' Liability: $ 1,000,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 15 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 16 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 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. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (President) DATE: DATE: ATTEST: BY: (City Clerk) 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as 2 to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the 3 furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Christopher Dorrington, Director Memorandum To: Kelly Williams, P.E. Consultant Design Engineer From: Dave Holien, P.E. TA Engineer Date: July 17, 2024 Subject: TA 412-1(3)1 Bike/Ped Paths - Bozeman UPN 10453 Work Type 620 - Bicycle & Pedestrian Facilities Please approve the attached Preliminary Field Review Report. Approved Date Kelly Williams, P.E. Consultant Design Engineer We are requesting those on the distribution list provide any comments within two weeks of the approval date. Distribution: Geno Liva, Butte District Administrator Rob Stapley, Rail, Transit, & Planning Division Administrator Damian Krings, Highways Engineer Tom Martin, Environmental Services Bureau Chief Andy Cullison, Bridge Engineer Jeff Jackson, Geotechnical and Pavement Bureau Chief Gabe Priebe, Traffic and Safety Engineer Joe Green, Construction Bureau – VA Engineer Jason Gilliam, Right-of-Way Bureau Chief Jon Swartz, Maintenance Division Administrator cc: Located at the end of this document 07/18/2024 Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 1 of 11 Template Rev 7/1/2024 Introduction A brief project kick-off meeting was held virtually via Microsoft Teams on June 17, 2024. The following personnel were in attendance: Dave Holien MDT TA Engineer Sam Baker Consultant Project Engineer Kellen Gamradt City of Bozeman Project Engineer Bob Murray City of Bozeman Senior Project Engineer Project Location and Limits a. county name - Gallatin b. city/town name - Bozeman c. Indian reservation - None d. route number – L-16-702, U-1211, N-412 e. functional classification – Urban and National Highway f. reference points* - a. Beginning: 0.84 (Flanders Mill Rd), 6.09 (East Valley Center Rd), 1.23 (N 19th Ave) b. Ending: 1.00 (Flanders Mill Rd), 6.23 (East Valley Center Rd), 1.51 (N 19th Ave) g. project length – 755 feet on Flanders Mill Rd; 673 feet on East Valley Center Rd; 1,367 feet on N 19th Ave h. crossing routes and/or local streets: a. Bounded by Auger Ln & Durston Road on Flanders Mill Rd; bounded by Catron Street and Catamount Street on East Valley Center Rd; bounded by Rawhide Ridge and Baxter Lane on N 19th Ave. i. distances from major bridges on the route - None j. distance and direction from nearby towns/cities – 7 miles southeast from the town of Belgrade k. as-built project numbers - None l. adjacent project numbers - None m. direction of the proposed project. East Valley Center Rd – Project stationing increases from south to north (reference points are opposite) N 19th Ave – Project stationing increases from north to south (reference points are the same) Flanders Mill Rd – Project stationing increases from north to south (reference points are the same) Proposed Scope of Work The City of Bozeman proposes the design and construction of three infill sections of paved shared use path: one along East Valley Center Road, the second along North 19th Avenue and the third along Flanders Mill Road. Along East Valley Center Road, the project will construct approximately 675 feet of a 10-foot-wide paved (asphalt) separated shared use path between Catamount Street and Catron Street. The path will be Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 2 of 11 Template Rev 7/1/2024 constructed within an existing 50-foot wide public open space, linear trail, stream corridor, and utility easement. This easement is on the west side of the water course and set well back from East Valley Center Road. The topography is gently sloping away from East Valley Center Road and then flat along the remainder of the path alignment. The path will be sloped at 1.5 percent away from the water course and the drainage will be accommodated by the on-site storm water facilities for the existing parcel. The path does not cross any driveways or roads and is in open space for its entire length. Minimal cut or fill will be needed with mainly stripping of topsoil, removal of roots, and placement of base course and asphalt. Along North 19th Avenue the project will include 1,360 feet of 10-foot-wide paved (asphalt) separated shared use path between Rawhide Ridge Road and Baxter Lane. The path will be constructed within a public open space, linear trail, stream corridor, and utility easement adjacent to the MDT right of way. The path will be setback from the edge of North 19th Avenue approximately 50 feet. The path will slope toward North 19th Avenue, and the drainage will be accommodated within existing ditches and conveyed under the path in a pipe ultimately discharging into a water course to the west of North 19th Avenue. The path crosses three future access locations. When developed, these accesses will be required to install crosswalks for the path. The northern portion of the alignment will require very little cut or fill as the topography is flat, and construction will mainly consist of stripping topsoil, placing base course and asphalt surfacing. The southern 500 feet has an elevation change of approximately five feet and will require fill to be placed. The fill slopes will fit within the existing easement. On Flanders Mill Road, the City of Bozeman proposes the design and construction of 760 linear feet of 10-foot-wide paved (asphalt), separated shared use path along the east side of Flanders Mill Road. The project begins at Sunstone Street and ends at Durston Road. The project will be constructed within the existing public right-of-way for Flanders Mill Road at a typical offset of five feet from back of curb for adequate separation from traffic and snow storage capacity. The topography of the site is flat and no significant grading or retaining structures are anticipated. Minimal cut or fill will be required for construction with mainly stripping of topsoil and placement of crushed base material and the asphalt surfacing. The path will be sloped at 1.5 percent toward the existing roadway and drainage will be accommodated by the existing storm water facilities for Flanders Mill Road. No storm drainage will be needed. The path will traverse two crossings: one residential driveway and one driveway to a church. It is anticipated that City Engineering Staff will handle the project design, except for the environmental report and wetland permitting (if required). The City will advertise for professional engineering services for this work. Needs and Objectives As detailed in the Project Description section, this project is needed to infill the final segment of a pathway that provides safe and convenient multi-modal transportation between neighborhoods, parks, schools and churches. Providing robust, safe, and connected multi-modal facilities is an identified priority in the 2017 Bozeman Transportation Plan as well as in other planning documents. Safety: A key aspect to the Safe Systems approach is providing separation for people walking and biking from motor vehicle traffic. With increasing development on the west and northwest sides of the City, including the addition of Gallatin High School, Flanders Mill Road now experiences higher motor vehicle volumes than local streets typically serve. The volume and speed of adjacent vehicle traffic requires the safety benefit of providing a separated facility for users of all ages and abilities. The path connects to existing marked cross walks at Annie Street and Durston Road that provide access to Gallatin High School and Meadowlark Elementary. The cross walk on Durston Road includes high visibility markings and a Rectangular Rapid Flashing Beacon to enhance safety at this crossing. The school district provides a crossing guard at this location during arrival and dismissal from school, further enhancing safety. Public Summary The purpose of this project is to construct shared use pathways through missing sections of the City’s Transportation Network to safely route pedestrians and bicyclists throughout the City. The project includes construction of over one-half-mile of 10-foot wide asphalt shared use pathway on Flanders Mill Road, East Valley Center Road, and North 19th Avenue. Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 3 of 11 Template Rev 7/1/2024 Context Specific Criteria and Scope Specific Considerations The proposed sections of shared used pathway meet the criteria in the Public Right-of-Way Accessibility Guidelines (PROWAG), in conjunction with MDT’s road and traffic design standards. No context specific criteria or scope specific considerations are anticipated with this project. Design Exceptions and Variances No design exceptions or variances are proposed at this time. Physical Characteristics a. year when the existing road/bridge was built or reconstructed and when it was last overlaid or rehabilitated – N/a - No roadway or bridge work is proposed b. pavement width and number of lanes – No Roadway work is proposed. The proposed 10- foot wide pathways on East Valley Center Rd and North 19th Avenue will connect to existing 10-foot wide shared use pathways on both sides. The proposed 10-foot wide pathway off Flanders Mill Road will connect to 10-foot wide pathway on the north and 6-foot wide sidewalk on the south. c. surface types and thicknesses – All of the proposed pathway will be type B hot mix asphalt, 2.5” thickness. d. number and thickness of previous overlays – N/A. This is new construction. e. the Pavement Management System’s pavement condition and treatment recommendations - N/A. This is new construction. f. general terrain of the area – N. 19th Ave and Flanders Mill Rd locations are undeveloped land adjacent to existing roadways with flat 0-3% slopes generally. East Valley Center Rd is landscaped and irrigated area through an easement adjacent to an existing hotel which is relatively flat and adjacent to an elevated from Catron Creek. g. rural or urban location - Urban h. general description of the existing horizontal and vertical alignment, including all features which do not meet the proposed design criteria – a. East Valley Center Road: this pathway will generally follow the grade of the existing ground and meander through an existing 50-foot wide trail and utility easement adjacent to East Valley Center Road. b. N 19th Avenue: the vertical and horizonal alignment for this pathway is currently unknown, pending conversations with the adjacent property owner about planned future development of the adjacent property. c. Flanders Mill Road: the vertical alignment will follow Flanders Mill Road (elevated at a 2% grade from the roadway. The horizontal alignment will also follow the road and be located 1-foot inside City right-of-way. i. number of locations where the existing grade exceeds the proposed design maximum a. None. j. maximum gradient on the project a. 5% is the proposed maximum grade. k. general description of the existing fill and cut slopes, including slope rates, fill heights and cut depths a. Minimal cut/fill slopes and heights are proposed along Flanders Mill Road and East Valley Center Road. Cut/fills are currently unknown for the N 19th Avenue Pathway. l. lengths and widths of existing bridges – N/a m. any other unique physical characteristics related to the project - None n. special features within the project limits (e.g., National Forest, State Parks, etc.). - None Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 4 of 11 Template Rev 7/1/2024 Traffic Data No roadway work is proposed with this project, therefore traffic data is not applicable. Crash Analysis No roadway work is proposed with this project, therefore traffic data is not applicable. Major Design Features a. Design Speed. The design speed for shared use pathways within this project is 15 MPH. b. Horizontal Alignment. Horizontal alignment will generally follow the adjacent roadway and be located within City right-of-way and easements. No deviations from the proposed design criteria are anticipated. Horizontal alignment will be designed to meet the 15 mph design speed based on the AASHTO Guidelines for Bicycle and Pedestrian Facilities. c. Vertical Alignment. Vertical alignment will be designed to meet the 15 mph design speed based on the AASHTO Guidelines for Bicycle and Pedestrian Facilities. d. Typical Sections. The new shared-use path sections will be 10-ft wide and will have a cross slope of 1.5%. anticipated. e. Surfacing. All of the proposed pathway will be surfaced with type B hot mix asphalt, 2.5” thickness. Below the asphalt will be 1.5” minus crushed aggregate. The depth of this base course is unknown at this time. f. Geotechnical. Based on the scope of the project, no geotechnical involvement is anticipated. g. Hydraulics. Based on the scope of the project, the only potential hydraulic work will be a conveyance structure for drainage along North 19th Avenue. Depending on the pathway alignment, a culvert may be necessary to convey stormwater under the proposed pathway. h. Bridges. Based on the scope of the project, no bridge involvement is anticipated. i. Permanent Erosion and Sediment Control (PESC) Features. Disturbed areas will be sodded or re-seeded to prevent erosion. No other PESC features are planned for this project. j. Traffic. Crosswalk signing and striping may be needed at locations where the proposed pathway terminates at existing intersections. k. Pedestrian/Bicycle/ADA. ADA ramps will be needed at the intersection of Catron Street and East Valley Center Road, and at the intersection of Rawhide Ridge and North 19th Avenue. l. Context Sensitive Design Issues. None. m. Intelligent Transportation Systems (ITS) Features. None identified. n. Energy Savings/Eco-Friendly Considerations. None o. Experimental Features and Proprietary Products. None Identified. p. Miscellaneous Features. The section of pathway along East Valley Center Road will be constructed through a landscaped and irrigated area. Special attention should be given to existing irrigation and landscaping features during construction to minimize irrigation breaks and conflicts with the proposed trail. Other Projects A private developer is working toward developing the parcel adjacent to the proposed North 19th Avenue pathway. No other projects have been identified. Location Hydraulics Study Report N/A Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 5 of 11 Template Rev 7/1/2024 Right-of-Way Flanders Mill Road: The proposed path will be located within the existing 60-foot-wide public road easement for Flanders Mill Road. East Valley Center Road: The proposed path will be located within an existing 50-foot-wide trail and utility easement adjacent to East Valley Center Road For the North 19th Avenue section of path there is a 70-foot wide public open space, linear trail, stream corridor, and utility easement shown on the plat for Minor Subdivision #210. The current location and alignment of that easement is not ideal as it does not align with the existing path at Rawhide Ridge. The plat includes a note stating “The 70’ wide public open space/linear trail & stream corridor easements shown on Lot 3 are subject to relocation at the time of future development of Lot 3.” The proposed Opportunity Subdivision (adjacent to the pathway) demonstrates how this easement has been relocated, maintaining a 20-foot wide trail easement along the water course and locating a 50-foot wide entryway corridor setback and public access easement along the frontage of North 19th Avenue. City staff has communicated with representatives of the property owner about this. The property owner has indicated support for the project and they indicated a willingness to work with the City of Bozeman and MDT to establish this easement. The other option for locating this path is within the right of way of North 19th Avenue, which may make the most sense. In either case, the City of Bozeman will procure the necessary right-of-way for this portion of the project, outside of the scope of this project. Access Control Not applicable Utilities/Railroads No railroads will be impacted. There are private utilities in the right of way along East Valley Center Road. It is possible that some utilities may be impacted; although path construction should occur above existing utilities and the final alignment of the path segments can be adjusted to minimize the impact. There is an existing city sewer main in the easement where the path will be constructed. Manholes can be located within the path as needed and the budget includes an item for adjusting manhole elevations. There is also private irrigation in the area where the path will be constructed and the budget includes an item to repair the irrigation system. Along North 19th Avenue, there are private dry utilities that appear to be located in the right of way for North 19th Avenue. There is the possibility that some utilities may be impacted at the meeting of the existing path and the proposed path within the right-of-way zone. The final design of the path can likely be adjusted to avoid these utilities. On Flanders Mill Road, there is a 20-foot public utility easement provided outside of the road easement (where the path will be located). Electric and other utilities are presently located in this easement. Because of this utility easement outside the road easement, there is minimal potential conflict with utilities. Additionally, based on city utility occupancy permit conditions, the relocation costs for utilities that may exist in the road easement will be the responsibility of the utility company. Finally, the construction of the path will require limited excavation further limiting potential utility conflicts. There is a fire hydrant and associated bollards within the pathway area; however, there is sufficient room to locate the path to avoid the hydrant. There is also private irrigation in the area where the path will be constructed, and the budget includes an item to repair the irrigation system. Maintenance Items A maintenance agreement between MDT and the City of Bozeman has been executed. Agreements A Funding, Construction, Maintenance, and Local Agency Guidelines (LAG) Agreement between the City of Bozeman and MDT has been executed. Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 6 of 11 Template Rev 7/1/2024 Survey A detailed topographic and utilities survey will be required for all three sections of pathway. The City has contracted with Sanderson Stewart to complete this work outside of this project. No TA reimbursement will be requested for this work. Environmental Considerations The City of Bozeman is proposing to contract with an outside engineering firm through a professional services agreement to handle all aspects of the environmental document, related deliverables and associated permitting (if required). The East Valley Center Rd pathway is adjacent to Catron Creek and the North 19th Ave pathway is adjacent to wetland areas. The appropriate level of Environmental Document is expected to be a (c)-listed Categorical Exclusion (CE(c)). A Biological Resource Report (BRR) will be completed and the effect of the project on any protected species will be assessed. The types of permits required will be determined once the BRR is completed and the project’s impacts to wetlands are knows. An Initial Site Assessment (ISA) will be completed to identify any hazardous waste impacts, air quality transportation conformity needs, and the need to determine traffic noise impacts. An environmental engineering analysis report will also be developed. Public Involvement The project Level of Impact (LOI) has been determined to be Low and level of public involvement B, as defined by MDT’s Public Involvement Plan. Specific strategies identified in the project-specific Public Involvement Plan (as described in the Engineering Project Communication Process Guide) include: Level A (Low Impact) 1. News release explaining the project and including a City of Bozeman point of contact. Traffic Control No work is anticipated on roadways. Traffic impact will be limited to construction equipment and vehicles entering and exiting public roadways adjacent to the work zone. During the construction of the path/sidewalk on the North 19th Ave and Flanders Mill Rd segments, there is a possibility single lane closures will be necessary. At this time, Level 1 construction zone impacts are anticipated for this project as defined in the Work Zone Safety and Mobility (WZSM) guidance. A Transportation Management Plan (TMP) consisting of a Traffic Control Plan (TCP) is appropriate for this project. Traffic issues that will require special consideration are as follows:  Access to adjacent properties (Flanders Mill Rd)  Cross street traffic (Limited) Traffic Operations and Public Involvement components will be included to mitigate these impacts to the traveling public. Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 7 of 11 Template Rev 7/1/2024 Preliminary Construction Cost Estimate Estimated cost Inflation (INF) (from PPMS) TOTAL costs w/INF + IDC (from PPMS) TA, CN $509,573 $60,769 $634,904 TOTAL CN $509,573 $69,769 $634,904 CE (20%) $101,915 $12,154 $126,981 Project TOTAL from all the funding types above: Project TOTAL CN + CE $611,488 $72,923 $761,885 The estimate above includes $25,000 for traffic control, 15% allowance for contingency, and 4% for mobilization. Note: Inflation is calculated in PPMS to the letting date. If there is no letting date, the project is assumed to be inside the current TCP and is given a maximum of 5 years until letting. IDC is calculated at 11.32% for FY 2025. Preliminary Engineering The Preliminary Engineering necessary to complete the project is expected to follow the TA flowchart. The project will not require a modification to the current federal aid agreement for PE.  A ready date will be set after completion of EPS overrides. Tentative/Target Letting Date: August 1, 2025  PE End Date: May 1, 2026 Project and Risk Management The City of Bozeman Engineering Department will be responsible for the project and the project design manager is Kellen Gamradt. Sam Baker is the project manager for MDT. This project is not considered a Project of Division Interest by FHWA. The overall level of risk to the project costs and schedule are anticipated to be low. However, the proximity of portions of proposed pathways to a nearby creek and wetland could complicate the necessary permitting which could impact both schedule and budget. Site Map The project site maps are attached. Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 8 of 11 Template Rev 7/1/2024 Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 9 of 11 Template Rev 7/1/2024 Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 10 of 11 Template Rev 7/1/2024 Preliminary Field Review Report TA 412-1(3)1, Bike/Ped Paths - Bozeman, UPN 10453 EPS Project Manager: Sam Baker Page 11 of 11 Template Rev 7/1/2024 cc: Sam Baker, EPS Project Manager MDT Headquarters Milestone Report Distribution <mdthqmilestonereport@mt.gov> MDT D2 Milestone Report <mdtd2milestonerpt@mt.gov> Jim Pesanti, Maintenance Chief - Butte Rob Mihalovich, Survey Manager Chad DeAustin, PVMS Unit Supervisor JD Buck, Statewide Environmental Engineering Specialist Shelby Clark, Bicycle/Pedestrian Coordinator City/Municipal Officials Template Rev 1/24/2024 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Christopher Dorrington, Director Memorandum To: Distribution From: Kelly Williams, P.E. Consultant Design Engineer Date: July 25, 2024 Subject: TA 50-2(105)87 Path Preservation - Bozeman UPN 10450000 Work Type 620 - Bicycle & Pedestrian Facilities Attached is the Preliminary Field Review Report/Scope of Work Report which was approved on __________________________. We request that those on the distribution review this report and submit your concurrence within two weeks of the approval date. Your comments and recommendations are also requested if you do not concur or concur subject to certain conditions. When all personnel on the distribution list have concurred, and the environmental documentation is approved, we will submit this report to the Preconstruction Engineer for approval. I recommend approval: Distribution: Geno Liva, Butte District Administrator Rob Stapley, Rail, Transit, & Planning Division Administrator Damian Krings, Highways Engineer Tom Martin, Environmental Services Bureau Chief Andy Cullison, Bridge Engineer Jeff Jackson, Geotechnical and Pavement Bureau Chief Gabe Priebe, Traffic and Safety Engineer Joe Green, Construction Bureau – VA Engineer Jason Gilliam, Right-of-Way Bureau Chief Matt Strizich - D2, FHWA - Operations Engineer (PODI) Jon Swartz, Maintenance Division Administrator cc: Located at the end of this document Approved Date 7/29/2024 Template Rev 1/24/2024 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Christopher Dorrington, Director Memorandum To: Kelly Williams, P.E. Consultant Design Engineer From: Dave Holien, P.E. Transportation Alternatives Engineer Date: July 25, 2024 Subject: TA 50-2(105)87 Path Preservation - Bozeman UPN 10450000 Work Type 620 - Bicycle & Pedestrian Facilities Please approve the Preliminary Field Review Report/Scope of Work Report. Approved Date Kelly Williams, P.E. Consultant Design Engineer The same report is also being distributed under a separate cover as a Scope of Work Report for comments and approval recommendations. 07/29/2024 Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 1 of 7 Template Rev 1/24/2024 Introduction A brief project kick-off meeting was held virtually via Microsoft Teams on June 17, 2024. The following personnel were in attendance: Dave Holien MDT TA Engineer Sam Baker Consultant TA Project Engineer Kellen Gamradt City of Bozeman Project Engineer Bob Murray City of Bozeman Senior Project Engineer Project Location and Limits a. county name - Gallatin b. city/town name - Bozeman c. Indian reservation - None d. route number – U-1202, L-16-4668, N-412A, N-50A e. functional classification – Urban and National Highway f. reference points* - a. Beginning: 1.726 (N 19th), N/A (E Oak St.), 1.038 (W Oak St), 86.032 (Huffine) b. Ending: 2.026 (N 19th), N/A (E Oak St.), 2.023 (W Oak St), 87.387 (Huffine) g. project length – 1.3 miles on N 19th Ave; .794 miles on E Oak St; .985 miles on W Oak St; 1.355 miles on Huffine Ln h. crossing routes and/or local streets: a. bounded by Valley Center Road and Oak Street on North 19th Avenue; bounded by N 19th Ave and N 7th Ave on East Oak Street, bounded by Davis Ln and Cottonwood Rd on West Oak Street; bounded by Cottonwood Road and S 29th Ave on Huffine Lane i. distances from major bridges on the route – 1,250 feet from the I-90 Interchange on N 19th Ave j. distance and direction from nearby towns/cities – 7 miles southeast from the town of Belgrade k. as-built project numbers - None l. adjacent project numbers - None m. direction of the proposed project. • Where the stationing proceeds in the opposite direction from the reference points (e.g., stationing increases from south to north while the reference points increase from north to south), note this in the Report. N 19th Avenue – Project increases from north to south (reference points are the same) East Oak Street – Project increases from west to east (reference points are the same) West Oak Street - Project increases from west to east (reference points are the same) Huffine Lane – Project increases from west to east (reference points are the same) Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 2 of 7 Template Rev 1/24/2024 Proposed Scope of Work The proposed project will provide pavement preservation for a number of paved, separated shared use paths and path sections within the City of Bozeman. Oak Street Corridor Paths: Oak Street is a principal arterial street and a corridor with separated shared use paths along a significant portion of its length. The paths along Oak Street have been built by development over time, with western sections being relatively new, while some eastern sections have been in place for 20 years. The Oak Street path east of North 7th Avenue received a pavement preservation treatment (crack seal and fog seal) with TA Pavement Preservation funding awarded in 2017. This project proposes to extend that effort and provide pavement preservation on all sections of path west of North 7th Avenue. This totals approximately 2.2 miles of path. Proposed pavement preservation treatments vary based on age of the path with the newer western sections needing minor crack sealing and a fog seal and the older eastern portions requiring more significant crack sealing as well as some patching and a fog seal. The Oak Street paths were selected because of their age and because of their importance in connecting the overall separated path network. North 19th Avenue Corridor Paths: North 19th Avenue is a principal arterial street that carries high volumes of motor vehicles (over 30,000 ADT) and has separated shared use path along both sides from Oak Street north to East Valley Center Road. The paths along North 19th Avenue have been built by development over time. The sections of path on both sides of North 19th Avenue between Oak Street and Baxter Lane have been in place for 20 or more years and are truly showing their age. The total length of path along North 19th Avenue is approximately 1.6 miles. In addition to significant cracking and oxidation of the surface, there are a number of areas that need patching and at least one section that needs to be overlaid. North of Baxter Lane, the existing sections of path are newer but still showing minor cracking, some areas with major cracking, and some patched areas. All of the path sections along North 19th Avenue are in need of fog seal. The North 19th Avenue paths were selected because of their condition, the critical connectivity they provide, and the safety benefit of separated facilities along high speed (40 mph), high volume roads (over 30,000 ADT). The City designed and constructed infill projects for two gaps in the path on the east side of North 19th Avenue between Baxter Lane and East Valley Center Road in 2023. Huffine Lane/Main Street Path: Huffine Lane is the principal east west arterial connecting Bozeman to Four Corners and Big Sky. It is a high speed (45mph), high volume road (over 20,000 ADT) with separated shared use path along one side from College Street west to Cottonwood Road. The path was constructed over time by development. From College Street to Fowler Avenue the path is on the south side of Huffine Lane. From Fowler Avenue west the path is on the north side of the road. The total length Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 3 of 7 Template Rev 1/24/2024 of path along Huffine Lane is approximately 1.4 miles. As with the other paths in this project, the condition of the path along Huffine Lane varies depending on its age with mostly minor cracking and oxidation. Some sections of path have major cracking and root intrusion. The entire length is in need of fog seal. The Huffine Lane Path was selected based on its connectivity to Gallatin County’s Huffine Lane Path application. It is anticipated that City Engineering Staff will handle all the project design. Purpose and Need The proposed project will provide pavement preservation for a number of paved, separated shared use paths and path sections within the City of Bozeman. The paths in this project connect Bozeman’s neighborhoods, schools, commercial centers, medical care, and recreation areas. The sections of path included were selected based on their condition and on their importance to the network. These pathways require routine pavement preservation which will be provided by this project. The objective is to prolong the useful life of these pathways for multi-modal transportation within the City. Public Summary The purpose of this project is to design and construct asphalt pavement preservation on multiple shared use pathways throughout the City’s Transportation Network. The project includes pavement maintenance on over 4.4 miles of 10-foot wide asphalt shared use pathway throughout the City. Context Specific Criteria and Scope Specific Considerations The proposed sections of shared used pathway meet the criteria in the Public Right-of-Way Accessibility Guidelines (PROWAG), in conjunction with MDT’s road and traffic design standards. No context specific criteria or scope specific considerations are anticipated with this project. Design Exceptions and Variances No design exceptions or variances are anticipated. Physical Characteristics a. year when the existing road/bridge was built or reconstructed and when it was last overlaid or rehabilitated – N/a - No roadway or bridge work is proposed. b. pavement width and number of lanes – No Roadway work is proposed. The proposal is to perform pavement preservation on existing 10-foot wide shared use pathways. c. surface types and thicknesses – The proposed work will include crack sealing, fog sealing, and 1.5-inch thick hot mix asphalt overlay. d. number and thickness of previous overlays – The City is not aware of any previous overlays on these sections of pathway. e. the Pavement Management System’s pavement condition and treatment recommendations – The City does not keep a pavement management system for pathways. Proposed treatments were decided by walking the pathways and taking notes based on visual observations. f. general terrain of the area – The pathways are generally located in landscaped areas adjacent to roadways and sloped at 1.5% toward the roads. g. rural or urban location - Urban h. general description of the existing horizontal and vertical alignment, including all features which do not meet the proposed design criteria – a. E Oak Street – The existing pathway meanders through public right-of-way following the East Oak Street corridor on the north side of the street and also on the south side of the street between 11th and 19th Avenue. The running slope is relatively flat and the cross-slope is 1.5% toward the street. b. N 19th Avenue – The existing pathway exists on both the east and west sides of the street and is offset from North 19th Avenue in a trails and open space easement. The Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 4 of 7 Template Rev 1/24/2024 grade generally follows the roadway, the alignment meanders through the open space and the cross-slope is 1.5% toward the road. c. Huffine Lane – The existing pathway is on the south side of Huffine lane and significantly setback from the roadway in a trails and open space easement. The grade varies from the roadway and has some steeper running slopes (5% maximum) and is cross-sloped at 1.5% toward Huffine. i. number of locations where the existing grade exceeds the proposed design maximum a. None. j. maximum gradient on the project a. 5% is the existing maximum grade. k. general description of the existing fill and cut slopes, including slope rates, fill heights and cut depths a. No cuts or fills are proposed. l. lengths and widths of existing bridges – N/a m. any other unique physical characteristics related to the project - None n. special features within the project limits (e.g., National Forest, State Parks, etc.). - None Traffic Data No roadway work is proposed with this project. No traffic data was requested. Crash Analysis No roadway work is proposed with this project No crash history was requested. Major Design Features a. Design Speed. N/A – no changes to horizontal or vertical alignment are proposed. b. Horizontal Alignment. No changes to existing. Vertical Alignment. No changes to existing. Typical Sections. Based on the scope of the project, no changes to the existing typical section for these pathways is anticipated. c. Surfacing. The proposed pathway maintenance will include asphalt overlay with type B hot mix asphalt, 1.5” thickness, fog seal, and crack seal. d. Geotechnical. Based on the scope of the project, no geotechnical involvement is anticipated. e. Hydraulics. Based on the scope of the project, no hydraulics are anticipated. f. Bridges. Based on the scope of the project, no bridge involvement is anticipated. g. Permanent Erosion and Sediment Control (PESC) Features. Disturbed areas from equipment tracking through landscaped areas will be sodded or re-seeded to prevent erosion. No other PESC features are planned for this project. Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 5 of 7 Template Rev 1/24/2024 h. Traffic. None identified i. Pedestrian/Bicycle/ADA. These are shared-use paths for pedestrian and bicycle use and the pavement preservation treatment will prolong the life of the facilities. Curb ramp and detectable warning devices will be upgraded as needed for the sections of path receiving an overlay treatment. j. Context Sensitive Design Issues. None identified. k. Intelligent Transportation Systems (ITS) Features. None identified. l. Energy Savings/Eco-Friendly Considerations. N/A m. Experimental Features and Proprietary Products. None Identified. n. Miscellaneous Features. Most of the work will take place in established landscaped areas. Extra care should be given during construction to limit the impact to existing landscaping features and irrigation. Other Projects None Identified. Location Hydraulics Study Report N/A Right-of-Way This project is for pavement preservation activities on existing paths. The paths are all in existing public rights of way or existing public access easements. None of the paths are adjacent to, cross, or involve railroad right of way. Access Control Not applicable Utilities/Railroads No railroads will be impacted. Only limited excavation is anticipated where curb ramps will be upgraded. No utility impacts have been identified. Maintenance Items The paths included in this project are within the existing public rights-of-way or public access easements. All of these paths are currently in use and are regularly maintained including snow removal, sweeping, and mowing. The different paths are all maintained through City ordinance that assigns maintenance responsibility to the adjacent property owner. These maintenance practices will continue into the future. Maintenance of asphalt shared use path surfacing is funded through the STR20 Annual Bike Path Improvement. Agreements A maintenance agreement between MDT and the City of Bozeman has been executed. Survey A visual survey of the shared-use paths and grade shots with a laser level for ADA ramp improvements are the only anticipated survey work. This will be performed by City Engineering Staff. Environmental Considerations The City of Bozeman is proposing to contract with an outside engineering firm through a professional services agreement to handle all aspects of the environmental report and associated permitting (if required). Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 6 of 7 Template Rev 1/24/2024 Public Involvement The project Level of Impact (LOI) has been determined to be Low and level of public involvement A, as defined by MDT’s Public Involvement Plan. Traffic Control No work is anticipated on roadways. Traffic impact will be limited to construction equipment and vehicles entering and exiting public roadways adjacent to the work zone. At this time, Level 1 construction zone impacts are anticipated for this project as defined in the Work Zone Safety and Mobility (WZSM) guidance. Preliminary Construction Cost Estimate Estimated cost Inflation (INF) (from PPMS) TOTAL costs w/INF + IDC (from PPMS) CN $222,000 $26,474 $276,601 TOTAL CN $222,000 $26,474 $276,601 CE (10%) $22,200 $2,647 $27,659 Project TOTAL from all the funding types above: Project TOTAL CN + CE $244,200 $29,121 $304,260 The estimate above includes $15,000 for traffic control, 15% allowance for contingency, and 4% for mobilization. Note: Inflation is calculated in PPMS to the letting date. If there is no letting date, the project is assumed to be inside the current TCP and is given a maximum of 5 years until letting. IDC is calculated at 11.32% for FY 2025. Preliminary Engineering The Preliminary Engineering necessary to complete the project is expected to follow the TA flowchart. The project will not require a modification to the current federal aid agreement for PE. • A ready date will be set after completion of EPS overrides. Tentative/Target Letting Date: August 1, 2025 • PE End Date: May 1, 2026 Project and Risk Management The City of Bozeman Engineering Department will be responsible for the project and the project design manager is Kellen Gamradt. Ben Schendel is the project manager for MDT. This project is not considered a Project of Division Interest by FHWA. The overall level of risk to the project costs and schedule are anticipated to be low. Site Map The project site map is attached. cc: Ben Schendel, EPS Project Manager MDT Headquarters Milestone Report Distribution <mdthqmilestonereport@mt.gov> MDT D2 Milestone Report <mdtd2milestonerpt@mt.gov> Jim Pesanti, Maintenance Chief - Butte Preliminary Field Review/Scope of Work Report TA 50-2(105)87, Path Preservation - Bozeman, UPN 10450000 EPS Project Manager: Ben Schendel Page 7 of 7 Template Rev 1/24/2024 Rob Mihalovich, Survey Manager Chad DeAustin, PVMS Unit Supervisor JD Buck, Statewide Environmental Engineering Specialist E Valley Center RdHuffine LaneN 19th AvePath to the M TrailOak StDurston RdChief Joseph MSBaxer LaneJackrabbit Lane