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HomeMy WebLinkAbout26 - Professional Services Agreements - DOWL - Hyalite Intake Rehab Project 1 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of 7/21/2026 , 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 DOWL, 2425 Technology Boulevard Suite 2174, Bozeman, Montana, (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: The OWNER has selected the ENGINEER to provide professional design, permitting, and bidding support services for the Hyalite Intake Rehabilitation Project. The Project generally consists of the design and permitting of improvements to rehabilitate the existing embankment and remove sediment from the intake pool. 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS. Exhibit A: ENGINEER’s Technical Approach to the Scope of Services Exhibit B: ENGINEER’s Standard Hourly Rates 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. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 2 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 Russell Reed, PE, BC.WRE. 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 Jack Krusemark, PE. The OWNER may name a Task Director 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: Karl Johnson, PE. 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: 4.1 Section Removed 4.2 PRELIMINARY DESIGN PHASE After written authorization to proceed, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 3 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and technical 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. Removed 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks. 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. 4.2.5. 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 Data Report: 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 technical 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 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 4 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. The Preliminary Design Report, plans, and technical specifications will be submitted to the OWNER within 120 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 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 construction. 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 six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The revised design report, plans, and technical specifications will submitted to the OWNER within 90 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 5 (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 Section Removed 4.6 Section Removed 4.7 Section Removed 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. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 6 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 Section Removed 6.2 Section Removed 6.3 TIME AND EXPENSES (NOT-TO-EXCEED) 6.3.1 OWNER agrees to pay ENGINEER for the completion of the Scope of Services a cost not-to-exceed the amount of $233,487.00. 6.3.1.1 The actual cost amount paid shall be equal to the cumulative hours charged to the Project by each class of ENGINEER’s personnel multiplied by the standard hourly rates for each applicable billing class for all services performed, plus Reimbursable Expenses and any ENGINEER’s Consultant charges. ENGINEER’s Standard Hourly Rates and Reimbursible Expenses Schedule are attached hereto as Exhibit B and are by reference made a part of this agreement. 6.3.1.2 The standard hourly rates charged by ENGINEER constitute full and complete compensation for ENGINEER’s services, including labor costs, overhead, and profit; the standard hourly rates do not include Reimbursable Expenses or ENGINEER’s Consultant charges. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 7 6.3.1.3 A detailed breakdown of the cost amount for the Scope of Services, including personnel hours directly assigned to each task and the estimated ENGINEER’s Consultant charges, is attached hereto as Exhibit A and, by reference, made part of this agreement. 6.3.1.4 ENGINEER may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case exceed the cost not-to-exceed amount as set forth above. 6.3.2 ENGINEER’s Consultants are any independent professional associates working on the Project that are not directly employed by the ENGINEER andhave rather been hired by ENGINEER to serve a particular role or offer a particular service for the Project. 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 Section Removed 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 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. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 8 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 and 6.3. 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, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 9 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. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 10 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. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 11 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 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: Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 12 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 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 13 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 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. 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. Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 14 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) (Principal-In-Charge) DATE: DATE: ATTEST: BY: (City Clerk) Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 7/22/20267/25/2026 EXHIBIT A: ENGINEER’S TECHNICAL APPROACH TO THE SCOPE OF SERVICES Page 20 of 36Page 20 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) TO: Karl Johnson, PE FROM: Jack Krusemark, PE DATE: 7/15/2026 PROJECT: Hyalite Intake Rehabilitation SUBJECT: Preliminary & Final Design – Technical Approach (Rev. 2) \\dowl.com\j\Projects\62\22067-01\10PM\230Contract\PSA_DesignServices\Hyalite_Design_TechApproach.docx The City of Bozeman (City) previously retained DOWL to complete a condition assessment and alternatives analysis for the Hyalite Intake. Based on that work, the City selected a preferred alternative with a two- phase design and construction approach. Phase 1 focuses on embankment deficiencies, primarily related to the potential for internal erosion. Phase 2 will address hydraulic capacity and freeboard. This document presents DOWL’s technical approach to completing the preliminary and final design of Phase 1 of the Hyalite Intake Rehabilitation Project (Project), along with associated bidding support. A project schedule and fee summary are provided at the end of this document. Phase 1 is the first part of the overall rehabilitation effort and includes the following elements:  Rehabilitation of the embankment west of the spillway, including installation of a chimney filter and drainage blanket, improvements to upstream erosion protection, and grading to accommodate a future spillway replacement and a minor embankment crest raise (6”) in Phase 2.  Sediment removal from the pool upstream of the intake. Phase 2 will include the replacement and widening of the spillway. Design and permitting for Phase 2 are not included in this scope of services. PRELIMINARY DESIGN DOWL will develop preliminary design documents, including plans, technical specifications, an opinion of probable construction cost, and a preliminary design report. DOWL will also perform services to support the preparation of permit applications, including Clean Water Act (CWA) Section 404 and Montana Fish, Wildlife & Parks (MT FWP) Stream Protection Act (SPA) Section 124 permits. The following subsections describe DOWL’s approach to performing these services and preparing the associated deliverables. ANALYSIS AND DESIGN The following analyses are necessary:  Filter Compatibility: DOWL will perform a filter compatibility analysis to select a filter material compatible with the embankment fill (both the in-place embankment fill that may be salvaged and the imported embankment fill). The selected material will be evaluated for compatibility with adjacent embankment soils to allow proper filtration and prevent fines migration.  Geotechnical Modeling: DOWL will develop a geotechnical model to evaluate embankment stability and liquefaction potential, and to validate the conceptual embankment geometry developed during the alternatives phase.  Riprap and Bedding Design: DOWL will select a riprap size classification for use along the upstream slope of the rehabilitated embankment. DOWL will also select a bedding material that is compatible with both the underlying soils and the riprap. Page 21 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2)  Borrow Source: DOWL will evaluate potential sources of borrow material for embankment construction. Depending on regional soil mapping and potential borrow sources targeted for investigation, this effort may require coordination with the City of Bozeman and the US Forest Service, and DOWL anticipates this activity will include a site visit by a geotechnical engineer and laboratory testing of soil samples. DOWL will document the results, assumptions, methodologies, and findings of these analyses and the proposed embankment geometry, including filter layout, in the Preliminary Design Report. SURVEY Although an initial survey was performed in 2025 to support the Condition Assessment, Alternatives Assessment, and the Hazard Potential Classification Study, additional survey in the vicinity of the embankment and intake is needed for final design. The supplemental survey will provide improved topographic resolution necessary for accurate earthwork quantity estimates and definition of embankment design geometries. DOWL will establish horizontal and vertical control suitable for use by a construction contractor. Survey will be collected and shown on drawings in the Bobcat low-distortion projection per the Rocky Mountain Tribal Coordinate Reference System and referenced vertically to the North American Vertical Datum of 1988 (NAVD88). PRELIMINARY DESIGN REPORT DOWL will prepare a Preliminary Design Report documenting the basis of design of Project elements and the analyses supporting the design. The report will include a discussion of anticipated construction sequencing, including potential methods for temporary flow diversion during construction (e.g., cofferdams) and other staging and sequencing considerations. The report will also evaluate potential contractor access approaches, such as a temporary bridge or a drivable ford crossing. The Preliminary Design Report will be submitted to the City for review and comment. BIOLOGICAL & CULTURAL ASSESSMENT Preliminary-stage permitting support will include preparing a Biological Assessment and a Cultural Resources Assessment Report. These efforts provide supporting documentation necessary for Project permit applications. The preparation and submittal of the permit applications themselves are included under Final Design. Biological Assessment (BA) A CWA Section 404 permit is a federal permit, and the US Army Corps of Engineers (USACE) must ensure that the Project complies with the Endangered Species Act (ESA). During the Aquatic Resources Delineation conducted in 2025, DOWL reviewed the site for suitable habitat for federally listed species, including Canada lynx, grizzly bear, and wolverine. Building on this prior work, DOWL will prepare a BA that identifies suitable habitat and federally listed species likely to be present within the project area/vicinity. The report will also note which species are unlikely to occur and why. A discussion of the proposed action and its potential impacts on federally listed species will also be included. A draft BA will be submitted to the City for review and comment, and the final BA will be included in the CWA Section 404 permit application package. Cultural Resources Assessment The Hyalite Intake is more than 50 years old, and the State Historic Preservation Office (SHPO) database does not list it as previously evaluated for National Register of Historic Places eligibility. USACE is required Page 22 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) to determine effects to the diversion under Section 106 as part of the federal CWA permitting process. Through our subconsultant, EthnoScience, DOWL will complete a Class III Cultural Resources Assessment covering the anticipated area of potential effect. The Assessment will include a cultural field survey to evaluate the diversion and any other potential historic sites in the area of potential effect, and the final report will be submitted to the USACE. PRELIMINARY PLANS AND SPECIFICATIONS DOWL will prepare preliminary (approximately 60%-level) plans, technical specifications, and an associated opinion of probable construction cost. The plans will be developed to a level sufficient to support Section 404 and Section 124 permit applications. Table 1 provides a preliminary list of anticipated plan sheets and technical specification sections. This list is subject to refinement and change as the Project progresses; it is included solely to convey DOWL’s assumed level of effort. Table 1. Assumed List of Plan Sheets and Technical Specification Sections Plan Sheets Technical Specification Sections G01 Cover Sheet G02 Sheet Index, Symbols, General Notes G03 General Site Overview, Survey Control G04 Existing Conditions & Construction Limits G05 Conceptual Cofferdam Plan & Sequence C01 Finished Site Plan C02 Excavation Plan C03 Finished Grading Plan C04 Sections & Details C05 Sections & Details C06 Sections & Details XS01 Cross Sections XS02 Cross Sections 01 11 00 Summary of Work 01 14 00 Work Restrictions 01 29 00 Payment Procedures 01 29 73 Schedule of Values 01 32 16 Construction Progress Schedule 01 33 00 Submittal Procedures 01 41 26 Permits 01 46 00 Quality Procedures 01 50 00 Temporary Facilities 01 55 26 Traffic Control 01 57 20 Environmental Protection 01 57 90 Preservation of Archaeological Data 01 71 20 Construction Surveying 01 74 00 Cleaning & Waste Management 01 78 39 Project Record Documents 31 03 10 Diversion, Care of Water, & Dewatering 31 05 19 Geosynthetics 31 11 00 Clearing & Grubbing 31 14 10 Topsoil Stripping 31 23 16 Excavation 31 24 00 Fill & Backfill 31 37 00 Riprap & Bedding 32 92 19 Revegetation 51 00 20 Streamflow Data 51 10 00 Geologic Investigation Records CLIENT MEETINGS The assumed basis of effort associated with client meetings during Preliminary Design is two virtual meetings with the City, each attended by three DOWL staff. One of the meetings is anticipated to occur following submittal of the preliminary plans, technical specifications, and design report, and after the City has had adequate time to review these materials. Following the design review meeting, DOWL will prepare and submit a memorandum documenting suggested design changes, key decisions, and other discussions from the meeting. Page 23 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) FINAL DESIGN Following completion of the Preliminary Design, DOWL will: 1. Prepare and submit permit applications for the Project 2. Advance the plans and technical specifications to a level suitable for inclusion in a bid advertisement. FINAL PLANS AND SPECIFICATIONS DOWL will prepare final plans, technical specifications, and an updated opinion of probable construction cost. FINAL DESIGN REPORT DOWL will revise the Preliminary Design Report to reflect changes, refinements, and any additional analyses performed during Final Design. The report will be updated accordingly and submitted to the City as the Final Design Report. ENVIRONMENTAL PERMITTING All delineated boundaries of aquatic resources identified during the 2025 wetland delineation fieldwork will be overlaid on the preliminary design drawings to determine where avoidance of aquatic resources can occur and where impacts are proposed. DOWL anticipates that the Project will require a CWA Section 404 permit and an SPA 124 permit from Montana Fish, Wildlife, and Parks (FWP). Montana FWP may issue or waive 318 Authorization (Short-Term Water Quality Standard for Turbidity) on behalf of the Montana Department of Environmental Quality (DEQ) when they review the Project under SPA 124. Acquisition of 318 Authorization, if required, is included in this scope of services. We will work with the City to coordinate with USACE and Montana FWP on permitting requirements and to resolve issues or concerns these agencies may have. Identifying permitting challenges early in the process allows for a smooth review and a quicker turnaround on permit application submittals. CWA Nationwide Permits can take 3-4 months to obtain. Montana FWP typically provides an SPA 124 permit within 30 days. DOWL will work with the City to time the permit application submittals to allow for timely authorizations before the Project goes to bid. It is anticipated that permanent impacts to jurisdictional waters and wetlands will be less than 0.5 acres, and the Project will qualify for authorization under a Nationwide Permit rather than an Individual Permit. However, the presence of peat wetlands downstream of the embankment may increase regulatory sensitivity, and impacts to these resources could trigger the need for more extensive permitting. Given the information available, DOWL assumes that permitting will proceed under a Nationwide Permit; any effort to obtain an Individual Permit would be outside the scope of services. DOWL will prepare the Montana Joint Permit Application for submittal to the USACE under CWA Section 404 and to the Montana FWP under SPA 124. The permit application will cover both permanent facilities and temporary facilities (e.g., cofferdams). DOWL will submit the draft permit application to the City for review. Following City review, DOWL will finalize and submit the permit applications to the appropriate agencies. Compensatory mitigation for impacts to wetlands and/or streams may be required; however, because the extent of permanent impacts is not known at this time, mitigation design and preparation of mitigation plans, including the 12 required components and credit/debit analyses, are not included in this scope of Page 24 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) services. Should mitigation be required, DOWL will coordinate with the City to develop an appropriate scope and fee proposal for a contract amendment. CLIENT MEETINGS The assumed basis of effort for client meetings during Final Design is one virtual meeting with the City, attended by three DOWL staff members. BIDDING AND DIVISION 00 SUPPORT DOWL will provide Division 00 and bidding-phase support as described below. DIVISION 00 SUPPORT DOWL will assist the City with preparing the Division 00 procurement and contracting documents for inclusion in the Project Manual. We understand that the City maintains standard Division 00 templates that will be adapted for this Project. Table 2 lists the Division 00 sections currently anticipated for inclusion in the Project Manual. Section numbers and titles generally follow the Construction Specifications Institute (CSI) MasterFormat System, which is used by the Engineers Joint Contract Documents Committee (EJCDC). Table 2. Assumed List of Division 00 Sections Division 00 Sections 00 10 00 Advertisement for Bids 00 20 00 Instructions to Bidders 00 26 00 Non-discrimination Affirmation 00 31 46 Permits 00 41 00 Bid Form 00 43 13 Bid Bond 00 51 00 Notice of Award 00 52 00 Agreement 00 55 00 Notice to Proceed 00 61 00 Performance Bond 00 61 13 Payment Bond 00 70 00 Standard General Conditions 00 73 00 Supplementary General Conditions BIDDING DOWL will assist the City during the bidding phase by supporting the advertisement of the Project, responding to bidder questions, evaluating bids, and facilitating the selection of a construction contractor. Anticipated services include:  Prepare the bid advertisement on the QuestCDN bidding platform, upload the bidding documents, and administer the QuestCDN site throughout the bidding period.  Attend and lead an on-site pre-bid meeting with prospective bidders and other interested parties.  Respond to questions from prospective bidders during the bidding period. Page 25 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2)  Prepare up to two bid addenda. One addendum is anticipated to include the pre-bid meeting minutes, and a second may be issued to address bidder questions or other revisions to the bidding documents.  Assist the City with the bid opening and review submitted bids for completeness and responsiveness. The assumed level of effort accommodates review of up to five bids and is based on award to the lowest responsive, responsible bidder.  Prepare a recommendation of award.  Prepare conforming, Issued for Construction Drawings and Project Manual incorporating all bid addenda into the Issued for Bidding documents.  Review insurance certificates and bond documentation for conformance with the Contract Documents. LIMITATIONS The following items are specifically excluded from DOWL’s scope of services:  National Environmental Policy Act (NEPA): Preparation of documentation specific to NEPA Consultation (e.g., categorical exclusion support or an environmental assessment) is excluded from this scope of services. Based on coordination to date, DOWL understands that prior NEPA review has been completed by the USFS in association with the existing Special Use Permit (SUP) for the facility. The USFS is currently evaluating whether Phase 1 embankment rehabilitation work may qualify as a maintenance activity and proceed under the existing SUP and/or a USFS categorical exclusion. Should it be determined that additional NEPA review is required, DOWL could support the effort under a contract amendment.  Construction Administration: Services during construction, including but not limited to submittal review, responding to requests for information (RFIs), site visits, or construction observation.  Phase 2 Design and Permitting: Design, analysis, and permitting associated with Phase 2 of the Hyalite Intake Rehabilitation Project (spillway replacement). Page 26 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) DELIVERABLES AND SCHEDULE Table 3 lists the deliverables associated with this scope of work and identifies the corresponding anticipated submission dates. A more detailed schedule is included in Attachment 1. Table 3. Summary of Deliverables and Submission Dates Deliverable Anticipated Submission Date1 Deadline Borrow Area Technical Memorandum 10/20/2026 90 days from NTP Cultural Assessment 10/14/2026 90 days from NTP Biological Assessment 10/13/2026 90 days from NTP Preliminary Plans and Specifications 11/10/2026 120 days from NTP Preliminary Basis of Design Report 11/10/2026 120 days from NTP Draft Permits (Submit to City) 12/15/2026 150 days from NTP Final Permits (Submit to Agencies) 1/12/2027 14 days after receiving comments Final Plans and Specifications 1/19/2027 180 days from NTP Final Basis of Design Report 1/19/2027 180 days from NTP Draft Division 00 Document Set 2/23/2027 215 days from NTP IFB Drawings and Project Manual 3/30/2027 250 days from NTP 1Assuming a Notice to Proceed date of July 22, 2026. ESTIMATED LABOR, EXPENSES, AND SUBCONTRACTS Table 4 summarizes DOWL’s fee to complete this scope of work. A detailed breakdown of the fee, including personnel hours and expenses for each task, is included in Attachment 2. Table 4. Fee Summary Page 27 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) Attachment 1: Anticipated Schedule Page 28 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Page 29 of 36Page 29 of 36Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Hyalite Intake Rehabilitation Preliminary & Final Design – Technical Approach (Rev. 2) Attachment 2: Fee Breakdown Page 30 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Principal-in- Charge (Eng. IX) Project Manager (Eng. IV) Engineer VII Engineer III Engineer I Geologist III Engineer IV Survey Tech. I Engr. Tech. IV Envr. Spec. IX Envr. Spec. IV Envr. Spec. II Sub - Ethnoscience Water Water Geotech.Civil Water Geotech.Survey Survey CAD Environmental Environmental Environmental Cultural Survey 128,188.00$ 4,135.00$ 7,350.00$ 116,703.00$ 648 5,294.00$ -$ -$ 5,294.00$ 27 Filter Compatibility & Internal Drainage 1 2 8 16 5,294.00$ -$ -$ 5,294.00$ 27 Geotechnical Modeling (Liquefaction & Stability)1 2 8 16 13,197.00$ 2,125.00$ -$ 11,072.00$ 52 Borrow Material Coordination and Investigation 4 8 24 16 1 200 1,900$ 3,482.00$ -$ -$ 3,482.00$ 22 Erosion Protection (Riprap and Bedding)2 8 12 9,814.00$ 2,010.00$ -$ 7,804.00$ 52 4 24 24 4 6 400 28,080.00$ -$ -$ 28,080.00$ 168 Preliminary Drawings 8 24 4 12 24 96 8,456.00$ -$ -$ 8,456.00$ 46 Preliminary Techincal Specifications 2 8 8 16 12 7,240.00$ -$ -$ 7,240.00$ 36 Construction Sequencing & Constructibility Review 4 16 8 8 5,376.00$ -$ -$ 5,376.00$ 33 Cost Estimating 1 4 8 12 8 13,410.00$ -$ -$ 13,410.00$ 74 Preliminary Design Report 4 12 6 16 12 24 8,623.00$ -$ 7,350.00$ 1,273.00$ 5 Cultural Resources Survey and Report 1 4 7,000$ 7,698.00$ -$ -$ 7,698.00$ 46 Biological Assessment 2 4 16 24 1,998.00$ -$ -$ 1,998.00$ 10 Client Meetings Virtual Meetings (2 assumed)2 6 2 5,184.00$ -$ -$ 5,184.00$ 26 Project Management 2 24 5,042.00$ -$ -$ 5,042.00$ 24 Internal Coordination Meetings 4 6 2 2 4 2 4 67,405.00$ -$ -$ 67,405.00$ 382 18,260.00$ -$ -$ 18,260.00$ 112 Drawings 4 12 8 8 80 10,772.00$ -$ -$ 10,772.00$ 54 Technical Specifications 2 12 8 8 8 8 8 2,882.00$ -$ -$ 2,882.00$ 16 Cost Estimating 2 2 8 4 3,356.00$ -$ -$ 3,356.00$ 18 2 8 4 4 20,176.00$ -$ -$ 20,176.00$ 120 Draft Permits 2 16 4 4 6 32 56 4,386.00$ -$ -$ 4,386.00$ 25 Final Permits 1 2 2 12 8 999.00$ -$ -$ 999.00$ 5 Client Meetings Virtual Meetings (1 assumed)1 3 1 3,640.00$ -$ -$ 3,640.00$ 18 Project Management 2 16 2,934.00$ -$ -$ 2,934.00$ 14 Internal Coordination Meetings 2 4 2 2 2 2 37,894.00$ -$ -$ 37,894.00$ 203 6,840$ -$ -$ 6,840.00$ 32 8 24 3,848$ -$ -$ 3,848.00$ 24 Establish and Maintain Online Bidding Site (QuestCDN)8 16 2,120$ -$ -$ 2,120.00$ 12 Attend and Lead Pre-bid Meeting 8 4 1,802$ -$ -$ 1,802.00$ 10 Pre-bid Meeting Minutes 2 2 6 2,862$ -$ -$ 2,862.00$ 16 Q&A During Bidding 2 6 8 2,862$ -$ -$ 2,862.00$ 16 Bid Addenda 2 6 8 2,886$ -$ -$ 2,886.00$ 18 Bid Opening and Tabulation 6 12 7,356$ -$ -$ 7,356.00$ 36 Review Bids and Make Recommendation of Award 12 12 12 1,710$ -$ -$ 1,710.00$ 8 Review Insurance Certs, bonds, etc.2 6 3,788$ -$ -$ 3,788.00$ 22 Conforming Set of Drawings and Specifications 2 4 16 1,820$ -$ -$ 1,820.00$ 9 1 8 82 286 78 110 183 56 24 24 204 30 68 88 4 7 600 1,900$ 7,000.00$ 276$ 193$ 237$ 171$ 144$ 171$ 193$ 100$ 154$ 270$ 166$ 149$ 310$ 80$ 0.725$ 1$ 1.05 233,487.00$ 4,135.00$ 7,350.00$ 222,002.00$ 1,233 22,632$ 55,198$ 18,486$ 18,810$ 26,352$ 9,576$ 4,632$ 2,400$ 31,416$ 8,100$ 11,288$ 13,112$ 1,240$ 560$ 435.00$ 1,900$ 7,350.00$ 222,002.00$ 4,135.00$ 7,350.00$ 233,487.00$ DOWL Labor Subtotal 222,002.00$ Total Hours/Units Unit Rate Amount Task Preliminary Design Final Design Bidding and Division 00 Support Permitting Project Management Project Management Analysis & Design Survey Preliminary Plans and Specifications 233,487.00$ 4,135.00$ 7,350.00$ 1,233 Subtotal DOWL Labor Subtotal DOWL Expenses Subtotal Subconsultants TOTAL Hyalite Intake Rehabilitation - Preliminary & Final Design Fee Item Cost Expenses Subtotal Subcontract Subtotal DOWL Labor Hours Lodging (nights) Per Diem (days)Mileage Laboratory Testing Preliminary Design Report Biological & Cultural Assess. Final Design Final Design Report Division 00 Support Project Management Bidding Page 31 of 36Page 31 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 EXHIBIT B: ENGINEER’S STANDARD HOURLY RATES Page 32 of 36Page 32 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Montana Fee Schedule Effective July 5, 2026 Until Further Notice 1 | Page MONTANA FEE SCHEDULE Personnel Billing Rates Personnel are identified on our invoices by name and/or labor category. Labor Category Rate Labor Category Rate Accounting Manager $204 Accounting Technician $132 Administrative Assistant $105 Administrative Manager $138 Biologist I $144 Biologist II $154 Biologist III $166 Biologist IV $176 Biologist V $226 CAD Drafter I $116 CAD Drafter II $132 CAD Drafter III $144 CAD Drafter IV $154 CAD Drafter V $166 Senior CAD Drafter $188 Civil and Transportation Designer $149 Senior Civil and Transportation Designer $188 Contract Administrator I $176 Contract Administrator II $204 Corporate Development Manager $254 Cultural Resources Specialist I $132 Cultural Resources Specialist II $154 Cultural Resources Specialist III $160 Cultural Resources Specialist IV $198 Cultural Resources Specialist V $215 Cultural Resources Specialist VI $236 Cultural Resources Specialist VII $248 Cultural Resources Specialist VIII $265 Document Production Supervisor $166 Engineer I $144 Engineer II $154 Engineer III $171 Engineer IV $193 Engineer V $215 Engineer VI $226 Engineer VII $237 Engineer VIII $248 Engineer IX $276 Engineer X $292 Engineering Technician I $110 Engineering Technician II $127 Engineering Technician III $138 Engineering Technician IV $154 Engineering Technician V $171 Engineering Technician VI $196 Environmental Specialist I $132 Environmental Specialist II $149 Environmental Specialist III $154 Environmental Specialist IV $166 Environmental Specialist V $171 Environmental Specialist VI $210 Environmental Specialist VII $232 Environmental Specialist VIII $248 Environmental Specialist IX $270 Environmental Specialist X $292 Field Project Representative I $127 Field Project Representative II $138 Field Project Representative III $171 Field Project Representative IV $188 Field Project Representative V $221 Geologist I $149 Geologist II $160 Geologist III $171 Geologist IV $193 Geologist V $226 Geophysicist I $180 Geophysicist II $200 Geophysicist III $215 Page 33 of 36Page 33 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Montana Fee Schedule Effective July 5, 2026 Until Further Notice Labor Category Rate Labor Category Rate 2 | Page Geophysicist IV $235 Geophysicist V $260 GIS Coordinator $193 GIS Manager $209 GIS Specialist $160 GIS Technician $122 Graphic Designer $166 Senior Graphic Designer $194 Hydrogeologist I $154 Hydrogeologist II $182 Hydrogeologist III $225 Senior Hydrogeologist $262 Intern I $100 Intern II $116 Laboratory Manager $150 Laboratory Supervisor $128 Landscape Architect I $144 Landscape Architect II $160 Landscape Architect III $176 Landscape Architect IV $193 Landscape Architect V $210 Landscape Architect VI $221 Landscape Architect VII $232 Landscape Designer I $105 Landscape Designer II $127 Marketing Assistant $116 Marketing Coordinator $154 Marketing & Administrative Manager $248 Materials Technician I $105 Materials Technician II $116 Lead Materials Technician $127 Senior Materials Technician $138 Materials Manager $144 Planner I $132 Planner II $160 Planner III $176 Planner IV $193 Planner V $210 Planner VI $221 Planner VII $232 Planner VIII $248 Planner IX $265 Planner X $309 Planning Technician $122 Professional Land Surveyor I $132 Professional Land Surveyor II $144 Professional Land Surveyor III $154 Professional Land Surveyor IV $166 Professional Land Surveyor V $176 Professional Land Surveyor VI $187 Professional Land Surveyor VII $198 Professional Land Surveyor VIII $215 Professional Land Surveyor IX $232 Professional Land Surveyor X $252 Professional Land Surveyor XI $281 Project Administrator $149 Project Assistant I $127 Project Assistant II $144 Project Controller $182 Senior Project Controller $204 Project Manager I $176 Project Manager II $193 Project Manager III $210 Project Manager IV $226 Project Manager V $243 Project Manager VI $259 Project Manager VII $276 Proposal Manager $194 Senior Proposal Manager $236 Public Involvement Assistant $127 Public Involvement Coordinator $173 Public Involvement Planner $149 Public Involvement Program Manager $221 Real Estate Services Manager $198 Right of Way Agent I $138 Right of Way Agent II $154 Right of Way Agent III $171 Right of Way Agent IV $188 Page 34 of 36Page 34 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Montana Fee Schedule Effective July 5, 2026 Until Further Notice Labor Category Rate Labor Category Rate 3 | Page Right of Way Agent V $204 Right of Way Agent VI $247 Right of Way Assistant $127 Risk Manager $221 Senior Manager I $265 Senior Manager II $287 Senior Manager III $298 Senior Manager IV $326 Senior Manager V $348 Senior Manager VI $370 Survey Technician I $100 Survey Technician II $105 Survey Technician III $110 Survey Technician IV $127 Survey Technician IX $188 Survey Technician V $132 Survey Technician VI $144 Survey Technician VII $160 Survey Technician VIII $176 Survey Technician -- Supervisor $173 Systems Administrator $171 Technical Coordinator $204 Utility Operator $160 Water Resource Specialist $215 Water Rights Specialist I $176 Water Rights Specialist II $210 Water Rights Specialist III $243 Water Rights Technician I $116 Water Rights Technician II $127 Water Rights Technician III $138 Survey Crews One-Person Survey Crew = $176 / hour One-Person Survey Crew GPS/Robotics = $198 / hour Two-Person Survey Crew = $265 / hour Two-Person Survey Crew (PLS + LSIT) = $309 / hour Two-Person Survey Crew GPS/Robotics = $281 / hour Three-Person Survey Crew = $386 / hour Travel, Mileage, and Miscellaneous Lodging = Cost per night Airfare = Cost Vehicle Usage – Passenger Cars = $1.20/mile Vehicle Usage – Trucks & SUV’s = $1.40/mile Printing/Supplies/Phone/Fax/Postage = Note 3 In-House Usage Charges = Note 4 Per Diem Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a meal allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods are breakfast (midnight to 10:00 a.m.), lunch (10:00 a.m. to 3:00 p.m.), and dinner (3:00 p.m. to midnight). Per diem will be charged using the most recently published federal travel rate for each location. • Per diem allowances by city: https://www.gsa.gov/travel/plan-book/per-diem-rates Page 35 of 36Page 35 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12 Montana Fee Schedule Effective July 5, 2026 Until Further Notice 4 | Page Notes 1. DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period, whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existing contracts without prior agreement between Client and DOWL. 2. Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribed by applicable state law. 3. Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests considered reasonable by the project manager for phone/fax/postage, office supplies, reproduction and photography, and laboratory analysis will be billed at cost plus the negotiated markup. 4. In-house equipment usage charges or specialized software/equipment that are not separately stated on the fee schedule will be negotiated at rates deemed fair and reasonable. 5. Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at a rate of 1.0 percent per month (12% per year). Page 36 of 36Page 36 of 36 Docusign Envelope ID: 61FDBD6C-E77E-8314-80AA-8EEAB59A4C12