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HomeMy WebLinkAbout26 - Professional Services Agreements - Kittelson & Associates, Inc. - Safe Streets and Roads for All (SS4A) Safety Action Pl Professional Services Agreement for SS4A Safety Action Plan Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of June, 2026 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Kittelson & Associates, Inc. (Kittelson), hereinafter referred to as “Contractor.” City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the Parties to this Agreement agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 16th day of June, 2028, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. Cost shall include: Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 2 of 15 a. Cost. Cost is the actual cost of the work. Through the negotiations process, the OWNER establishes a ceiling or upper limit on a cost-plus-fixed-fee contract. Federal regulations (23 CFR 172) require a contract ceiling / upper limit in cost plus fixed fee contracts. b. Fixed Fee. Fix Fee is the negotiated fee and a set dollar amount in the agreement, including profit, of the Consultant. Up to the equivalent of percent of labor and overhead to the date of the invoice, the Consultant may claim partial payment of the Fixed Fee. If tasks within the Scope of Services are not completed, no Fixed Fee will be billed for those tasks. No Fixed Fee will be billed for construction engineering services that are not performed. Subject to the foregoing, the entirety of the Fixed Fee for tasks completed within the Scope of Services may be billed at Final Payment. c. 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 on reasonably on the Consultant’s usual and customary practices. Prior written approval of the OWNER is required for overtime compensation. d. Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement, the OWNER will give Notice of the Indirect Costs (IDC) rates that will be applied to this Agreement. Such notice is incorporated herein by the 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 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. I. 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 costs rate or cognizant audit. II. 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. Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 3 of 15 III. 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. IV. In unique cases, Negotiated or Provision Indirect Cost Rates may be used, as described in MDT’s Consultant Services Manual, if all parties agree. V. Due date. 1. 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. 2. 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. 3. 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. VI. Effective date. 4. The IDC rate expires one (1) year after the end of the Accounting Period. 5. 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. 6. An IDC rate submitted within the Grace Period is effective as 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. 7. A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. 8. 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. 9. 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. VII. The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options: 1. 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 Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 4 of 15 Consultant shall provide its new rate; or if a new rate is unavailable, then a new rate will be negotiated by the parties. 2. Following the same procedure as for the original submission, the Consultant’s IDC rate will be submitted annually, within the Grace Period. VIII. 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. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Scope of Services. b. Contractor has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in accordance with the professional skill and care ordinarily exercised by members of the same profession practicing under similar circumstances. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must not infringe upon or violate the rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal, state, and municipal laws. Contractor agrees City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 5 of 15 Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 8. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 9. Indemnity: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of Contractor or Contractor’s agents or employees. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 6 of 15 other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 10. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, at Contractor’s expense, secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Contractor must furnish to City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 7 of 15 • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 11. Waiver of Claims: Contractor also waives any and all claims and recourse against City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third Party. b. In the event of a termination pursuant to this Section 12, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 12 must be in addition to any other remedies to which City may be entitled under the law or at equity. Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 8 of 15 d. In the event of termination under this Section 12, Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 9 of 15 any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. e. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” f. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 15. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages must be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor must provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 10 of 15 within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor must waive all rights to assert such claim. 16. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Taylor Lonsdale (City of Bozeman Transportation Engineer) or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Nick Foster or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 17. Permits: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 18. Laws and Regulations: Contractor must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 11 of 15 State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 19. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by City. This includes ensuring that City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). City will not accept digital content that does not comply with WCAG A and AA guidelines. If City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to City. 20. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilize Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 21. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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, Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 12 of 15 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. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 22. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its employees and agents in safe work practices. 23. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 24. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 13 of 15 authorized by City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 25. Non-Waiver: A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 26. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 28. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 29. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30. Headings: The headings used in this Agreement are for convenience only and are not Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 14 of 15 to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 31. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 32. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 33. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 34. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 35. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 36. Integration: This Agreement and all Exhibits attached hereto constitute the entire Agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either oral or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 37. 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. 38. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years from the effective date of this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Professional Services Agreement for SS4A Safety Action Plan Page 15 of 15 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Kittelson & Associates, Inc. CONTRACTOR By________________________________ By __________________________________ Chuck Winn, City Manager Andy Daleiden, PE Senior Principal Engineer APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC CITY OF BOZEMAN SS4A COMPREHENSIVE SAFETY ACTION PLAN AND DEMONSTRATION ACTIVITIES SCOPE OF WORK The City of Bozeman (hereafter “the City”) was awarded a US Department of Transportation (USDOT) Safe Streets and Roads for All (SS4A) Safety Action Plan Grant. The purpose of this project is to develop a comprehensive, well-defined strategy to prevent roadway fatalities and serious injuries through a Safety Action Plan (SAP) and to pilot new technologies to enhance the City’s ability to diagnose and respond to potential safety challenges. This SAP will meet the requirements of the USDOT SS4A program. The Kittelson team recognizes the dynamic nature of the current federal transportation landscape and will monitor impacts to federal funding programs, which may result in scope changes. These scope changes will be reviewed and approved by the City before any change in work is started. Kittelson & Associates, Inc. (Kittelson) plans to utilize the following bodies to guide and make decisions for the project. ◼ Project Management Team (PMT): Kittelson will coordinate and work with City staff on a regular basis to complete the SAP. The PMT is expected to include the City Project Manager (PM) and any other City staff identified by the PM. ◼ Project Advisory Committee (PAC): The PAC will be comprised of representatives from local agencies and organizations, and is anticipated to include representation from City staff, Gallatin County, Gallatin Valley Metropolitan Planning Organization, Montana Department of Transportation (Butte District), and additional partners directed by the PMT (e.g., community organizations, schools). Additionally, the Kittelson team acknowledges the City is preparing to update its Transportation Master Plan and the SAP will need to coordinate with this update once it is underway. TASK 1 – PROJECT MANAGEMENT This task includes conducting project management activities for the Plan. DELIVERABLES ◼ Project Kick-off Meeting ◼ Project Update Calls (24) ◼ Invoices and Progress Reports (12) ◼ Draft & Final Schedule Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC SUBTASKS 1.1 Project Kick-off Meeting. Consultant will prepare for and conduct a virtual kickoff meeting with the PMT, as well as the selected safety data platform and advanced safety data equipment vendors using Microsoft Teams. At that meeting Consultant will: a. Review a preliminary schedule, confirm the overall scope, and discuss focus areas; b. Discuss potential project issues or risks and a range of mitigation options for successfully completing the plan; c. Discuss data needs; and d. Identify potential members for the PAC. 1.2 Project Updates. Consultant will participate in bi-weekly 30-minute Teams meetings with the PMT to check- in on progress and/or address questions that might arise during the project. This scope of work assumes up to 24 meetings. PMT meetings may be replaced by e-mail updates with approval by the City PM. PMT meetings may also be used to coordinate efforts with the Transportation Master Plan (TMP) update, if needed. 1.3 Monthly Invoices & Progress Reports. Consultant will prepare monthly invoices and progress reports. One invoice and progress report will be submitted to the City PM each month (12 total). 1.4 Project Schedule and Contract Administration. Consultant will prepare an initial detailed project schedule showing draft and final deliverable dates, project meetings, public involvement meetings, and review times. The schedule will consider the parallel SS4A funded efforts to implement a safety data platform and advanced safety data equipment, as well as the expected schedule for the TMP update. Consultant will submit draft schedule to PMT for review and revise based on PMT feedback. Consultant will maintain and update the schedule as necessary throughout the project. Potential changes in the project schedule will be communicated to and confirmed by the City PM as soon as Consultant is aware that they may need to occur. TASK 2 – VISION, GOALS, AND PERFORMANCE MONITORING This task includes developing a vision and goals to guide the Plan, assisting the City PM in obtaining a commitment from the Bozeman City Council to the vision of eliminating fatal and serious injury crashes, and creating a progress tracking matrix of performance metrics to monitor the effectiveness of implemented projects and strategies. DELIVERABLES ◼ Draft and Final Vision, Goals, and Performance Chapter SUBTASKS 2.1 Vision and Goals. Consultant will create a comprehensive and representative vision statement and associated goals that meet the eligibility requirements of the SS4A Program. Consultant will finalize the vision statement and associated goals based on PMT and PAC feedback, as directed by the City PM. Consultant will prepare supporting presentation materials that the City can use when presenting the vision statement and goals to City Council. 2.2 Performance Matrix Development. Consultant will develop a performance metrics matrix to monitor the effectiveness of implemented projects and strategies. This matrix will assist the City of Bozeman and its Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC partners in evaluating and reporting on the status of the SAP. Consultant will consider identified emphasis areas and traditional measures the City can obtain through MDT crash data, as well as how the selected safety data platform can be leveraged in this process. Consultant will recommend a process for ongoing monitoring and assessment of progress, including how this may be accomplished with, and without, the selected safety data platform. 2.3 Vision, Goals, and Performance Chapter. Consultant will summarize the vision, goals, and performance measurement and monitoring program. Consultant will submit to PMT and PAC for review and revise once based on PMT and PAC feedback, as directed by the City PM. TASK 3 – COMMUNITY ENGAGEMENT The purpose of this task is to gather input from the Bozeman community, as well as multi-disciplinary partners, to understand safety concerns of all users and identify the roles and support needed for implementing recommendations from the Safety Action Plan. Input from each group regarding their concerns and needs will help inform the goals, projects, and policy recommendations of the final plan. DELIVERABLES ◼ Project Branding ◼ PAC Meetings (4) ◼ Project Content for City Website ◼ Virtual Open House & Survey #1 ◼ Virtual Open House & Survey #2 ◼ Advertising Materials ◼ Engagement Events (4) ◼ Community Engagement Round #1 Summary ◼ Community Engagement Round #2 Summary ◼ Draft and Final Engagement Chapter ◼ Engagement Appendix SUBTASKS 3.1 Project Branding. Consultant will create project branding for all community engagement materials and project deliverables. Branding includes developing a project logo, color palette, and documentation templates. Consultant will provide up to three alternative logos and color palettes. Consultant will finalize based on PMT feedback. 3.2 PAC Meetings. Consultant will prepare for and attend up to four (4) 1-hour meetings with the PAC. It is assumed that Meeting #3 will be conducted in-person (in combination with other engagement events) and that Meetings #1, #2, and #4 will be conducted virtually with Microsoft Teams. Consultant will prepare agendas, meeting summaries, and presentations to share with the PAC. Meeting topics will include: Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC a. Meeting #1: Introduction to Project, Vision and Goals, Project Objectives, Data and Coordination Needs, Community Engagement Round #1 Approach b. Meeting #2: Community Engagement Round #1 and Safety Analysis Results, Potential Emphasis Areas, Project and Strategy Development, Community Engagement Round #2 Approach c. Meeting #3: Project and Strategy Refinement and Prioritization, Transparency Matrix d. Meeting #4: Draft Safety Action Plan, Community Engagement #2 Results 3.3 Project Content for City Website. Consultant will develop a short project description with relevant weblinks and photos or other images to support the City’s webpage for the Safety Action Plan. Consultant will provide content updates including information on community engagement events. 3.4 Virtual Open House & Survey #1. Consultant will develop an online survey consisting of a commenting map and survey questions using the Engage Bozeman platform that is linked from the project webpage on the City’s website and will allow community members to voice their transportation safety concerns throughout the city. The survey will be created in English and Spanish. 3.5 MDT Coordination Meeting. Consultant will prepare for and attend a 1.5-hour virtual meeting with City of Bozeman and Montana Department of Transportation staff to discuss project recommendations on MDT facilities. 3.6 Virtual Open House & Survey #2. Consultant will develop an online survey that is linked from the project webpage on the City’s website and will allow community members to provide feedback on the recommended projects and strategies. The survey will be created in English and Spanish. 3.7 In-Person Outreach #2. Consultant will prepare for and facilitate up to four pop-up events at local community destinations (such as libraries, schools, community centers, or businesses) for one hour each to advertise the project, answer questions, and provide participants with digital and paper means of providing feedback. All trips to Bozeman are assumed to include two consecutive working days in which pop-up events and PAC meetings will be scheduled. 3.8 Advertising Materials. Consultant will create social media graphics to advertise each of the two rounds of engagement. Graphics will be translated into Spanish. Consultant will create press release text for each open house for the City to submit to local news outlets. Consultant will create a “takeaway” card with a QR Code that links to the online survey to leave at key community locations. This card will be translated into Spanish. 3.9 Community Engagement Round #1 & #2 Summaries. Consultant will summarize each round of community engagement in succinct, graphical one-page summaries, which can be posted to the project web page and distributed in smaller pieces via social media posts, to demonstrate that community members’ feedback was recorded, utilized, and will influence the Plan. 3.10 Engagement Chapter. Consultant will summarize key findings from the community engagement events and meetings into a succinct and graphical document that will be the Engagement Chapter of the Safety Action Plan. Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. 3.11 Engagement Appendix for the Safety Action Plan. Consultant will document all community and partner agency engagement efforts and feedback into a PDF document to be attached and referenced in the Safety Action Plan. Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC TASK 4 – SAFETY ANALYSIS The purpose of this task is to evaluate current safety performance to establish a baseline for improvements and to identify the most important crash patterns and trends. The Kittelson team will refer to the Gallatin County Safety Action Plan throughout the safety analysis to inform the regional location screening and systemic safety analysis. DELIVERABLES ◼ Draft and Final Safety Analysis Chapter SUBTASKS 4.1 Data Collection. Consultant will collect relevant safety performance data. This includes crash data, traffic volume data, roadway characteristic data (e.g., intersection control, number of vehicle lanes), land use data (e.g., locations of schools and transit stops), and demographic data. Consultant will work with the City to upload relevant City and MDT data to the selected safety data platform. Only data compatible with the platform will be used for the safety analysis (i.e., all safety analyses will be completed using the selected safety data platform). 4.2 Safety Evaluation. Using the data collected in Task 4.1, Consultant will conduct a two-pronged approach to complete the safety analysis using the selected safety data platform, evaluating high crash locations (identified through the Location Screening), as well as high-risk locations (identified through the Systemic Safety Analysis). In addition, Consultant will prepare descriptive analysis identifying trends, location characteristics, and contributing factors that most commonly occur in the crash data for Bozeman. Consultant will combine these analyses and community feedback obtained in Tasks 3.4 and 3.1 to prepare a high-injury network (HIN). a. Location Screening: With the selected safety data platform, Consultant will screen for locations with higher concentrations of crashes, particularly fatal and serious injury crashes. High-crash locations will also be reviewed to identify shared characteristics, such as posted speed limit, number of lanes, presence of active transportation facilities, or proximity to community destinations. b. Systemic Safety Analysis: This analysis will identify characteristics across the City’s network that correlate with fatal and serious injury crashes for each mode, even if the crashes are not geographically concentrated. These characteristics could include roadway features (e.g., lack of pedestrian infrastructure), driver behaviors (e.g., speeding), or external conditions (e.g., low lighting). Relevant research may also be used to identify these characteristics. Data from the selected advanced safety data equipment vendor will also inform this analysis. c. Demographic Evaluation: Consultant will identify the segments of the HIN that are in USDOT- identified transportation disadvantaged communities. 4.3 Safety Performance Chapter. Consultant will summarize key findings from this task into a succinct and graphical document that will be the Safety Performance Chapter of the Safety Action Plan. Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC TASK 5 – POLICY, PROGRAM, AND PROCESS EVALUATION This task involves reviewing and evaluating existing transportation safety-related policies, programs, and processes to highlight ongoing efforts and inform recommendations for policy and program changes. DELIVERABLES ◼ Draft and Final Strategies Chapter SUBTASKS 5.1 Policy Evaluation. Consultant will request existing safety-related plans, programs, and policies from the City, including documentation such as typical sections, design standards, or other guidance that impacts transportation decision-making. City will also identify and provide similar relevant documents from its partner agencies (i.e., Gallatin County, MDT) as they relate to the transportations system in Bozeman. Consultant will interview City staff to understand existing safety practices, including maintenance, operations, and law enforcement practices. Consultant will also identify requirements and guidance from the FHWA related to the SS4A program and the Safe System Approach. Consultant will review the obtained information, document existing plans and practices, and identify potential opportunities for improving existing safety planning processes and policies. 5.2 Safety Strategies Chapter. Consultant will draft a policies and strategies chapter, which will document recommendations for incorporating best practices into the policies and programs of the City of Bozeman. Consultant will also identify non-engineering actions that can be implemented by the City and partners (e.g., enforcement, emergency medical services providers, other organizations with an interest in transportation safety). Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. TASK 6 – PROJECTS The purpose of this task is to identify implementable and proven strategies and treatments to address the safety concerns on the HIN identified in Task 4. DELIVERABLES ◼ Draft and Final Projects Chapter SUBTASKS 6.1 Develop Potential Projects. Consultant will identify relevant local solutions to address the HIN and emphasis areas identified in Task 4. These will include location-specific projects for high-crash locations, as well as systemic projects to address the emphasis areas and high-risk locations. To identify these solutions, Consultant will consider proven countermeasures, including those identified by FHWA and NHTSA, as well as innovative emerging treatments that have shown promise at addressing the types of crashes on the HIN and in the Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC emphasis areas. Consultant will also consider planned projects to identify potential implementation efficiencies. 6.2 Select and Prioritize Projects. Consultant will work with the PMT and PAC to select and prioritize projects from the list created in Task 6.1. Projects will be prioritized based on existing and anticipated safety risks, implementation considerations (e.g., ability for the City to implement projects, funding readiness and opportunities, integration with existing CIPs and other programs) and demographic impacts. Consultant will use the selected safety data platform to assist in evaluating alternative projects and in prioritizing projects. 6.3 High-Priority Concepts. The City may have interest in re-allocating the budget for this task to other tasks to complete additional work. Any such change will be mutually agreed to by the City and Consultant before a change is made. Consultant will develop project concepts and planning level cost estimates for up to three projects from Task 6.2 based on direction from the City. These could be detailed location-specific concepts for an individual location, or they could be treatments, or packages of treatments, to be deployed systemically throughout the City. Consultant will develop location-specific concept designs that will include plan-view layouts developed over a scaled aerial image and include the locations of cross-sectional elements (e.g., curb, sidewalks, bicycle facilities, on-street parking, and motor vehicle travel lanes) and callouts describing elements not readily shown in this format (e.g., signal phasing changes), as well as major utility, structural, or other physical or environmental constraints or considerations, as known based on readily available data. For systemic treatments, the concept and cost estimate will represent a typical installation at an example location with discussion of considerations for deployment at other locations, as well as recommendations for priority locations for deployment. Consultant will develop a fact sheet for each project, assumed to be up to one page, including the following information: a. Project description b. Planning-level cost estimate c. Crash history/risk factors being addressed d. Related community feedback e. Partner agency/organizations (if applicable) 6.4 Projects Chapter. Consultant will draft a projects chapter, which will document the prioritization process and priority projects and discuss systemic safety treatments. Consultant will submit to PMT and PAC for review and Consultant will revise once based on a consolidated set of PMT and PAC feedback, as directed by the City PM. TASK 7 – SAFETY ACTION PLAN AND ADOPTION This task includes developing a succinct, user-friendly, and realistic Safety Action Plan for the City of Bozeman. The final documents will be formatted to be ADA compliant and ready for inclusion on the City’s website. DELIVERABLES ◼ Draft, Adoption Draft, and Final Safety Action Plan ◼ Draft and Final Adoption Presentation ◼ Adoption Support Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC SUBTASKS 7.1 Draft Safety Action Plan. Consultant will combine the final chapters from Tasks 2 – 6 into a final plan document (assumed to be about 50 pages including tables, graphics, figures, etc.). 7.2 Adoption Draft Safety Action Plan. Consultant will revise the Safety Action Plan based on one set of consolidated PMT and PAC feedback as directed by the City PM. 7.3 Final Safety Action Plan. Consultant will finalize the Safety Action Plan based on the outcome of the City Council adoption hearing. 7.4 Adoption Presentation. Consultant will create a high-level summary of the planning process that highlights key findings from the analyses and engagement activities, recommended projects, and policy and process recommendations. 7.5 Executive Summary. Consultant will create an Executive Summary that is a graphic and visually appealing two-page summary of the Safety Action Plan in non-technical terms to aid in communicating with elected officials and the community. 7.6 City of Bozeman Adoption Support. Consultant will attend one City of Bozeman Commission meeting to present the draft Safety Action Plan. FEE ESTIMATE The total fee estimate for the Safety Action Plan is outlined in the table below. Task Fee Estimate Task 1 – Project Management $23,287 Task 2 – Vision, Goals, and Performance Monitoring $11,749 Task 3 – Community Engagement $58,096 Task 4 – Safety Analysis $29,718 Task 5 – Policy, Program, and Process Evaluation $20,203 Task 6 – Projects $74,068 Task 7 – Safety Action Plan and Adoption $32,861 Total $249,982 Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Project Name:Bozeman Safety Action Plan Project Manager:NMF KAI Project Number:31558 Date:May 22, 2026 LABOR ESTIMATE - Bozeman Safety Action Plan Daleiden, Andrew Foster, Nick Grosso, Rachel Delgado, Justin Katie Ayer Sommerville, Jon Document Prep Task Notes Staff AJD NMF REG JKD KLA JKS Tech 1 001 Project Mangament 1.1 Kick-off Meeting 2 3 2 7 $1,472 1.2 Project Updates 11 12 23 $5,423 1.3 Monthly Invoices & Progress Reports 10 10 $2,004 1.4 Schedule and Contract Administration 6 10 16 $3,650 DJ&A Fees 0 $3,371 WTI Fees 0 $6,317 Sanbell Fees 0 $1,050 Reimbursable Expense $0 Task #001 - Subtotal 0 19 35 2 0 0 0 0 56 $23,287 002 Vision, Goals, and Performance Monitoring 2.1 Vision and Goals 2 4 4 10 $1,995 2.2 Performance Matrix Development 1 2 4 8 6 21 $3,946 2.3 Vision, Goals, and Performance Chapter 2 4 4 12 6 3 31 $5,807 Reimbursable Expense $0 Task #002 - Subtotal 3 8 12 24 12 0 3 0 62 $11,749 003 Engagement 3.1 Project Branding 1 3 12 4 20 $3,505 3.2 PAC Meetings 8 8 16 $3,798 3.3 Project Content for City Website 0.5 2 2 4.5 $860 3.4 Virtual Open House & Survey #1 1 4 8 8 21 $3,680 3.5 MDT Coordination Meeting 1 2 4 4 11 $2,315 3.6 Virtual Open House & Survey #2 1 4 8 13 $2,365 3.7 In-Person Outreach #2 4 16 4 2 26 $5,290 3.8 Advertisement Materials 0.5 2 2.5 $538 3.9 Community Engagement Summaries (2)2 4 12 8 26 $4,599 3.10 Engagement Chapter 1 3 6 12 8 3 33 $5,942 3.11 Engagement Appendix 1 2 8 11 $1,965 DJ&A Fees 0 $995 WTI Fees 0 $14,942 Sanbell Fees 0 $3,520 Reimbursable Expense $3,781 Task #003 - Subtotal 2 24 55 54 32 14 3 0 184 $58,096 004 Safety Analysis 4.1 Data Collection 1 2 8 16 27 $4,594 4.2 Safety Evaluation 1 12 6 48 67 $12,552 4.3 Safety Performance Chapter 3 4 8 24 12 10 3 64 $11,493 DJ&A Fees 0 $1,080 Sanbell Fees $320 Reimbursable Expense $0 Task #004 - Subtotal 4 17 16 80 12 26 3 0 158 $29,718 005 Policy, Program, & Process Eval 5.1 Policy Evaluation 1 4 8 12 25 $4,955 5.2 Safety Strategies Chapter 1 3 6 10 6 3 29 $5,291 DJ&A Fees 0 $1,080 WTI Fees 0 $8,476 Sanbell Fees 0 $400 Reimbursable Expense $0 Task #005 - Subtotal 2 7 14 22 6 0 3 0 54 $20,203 006 Projects 6.1 Develop Potential Projects 4 12 24 50 90 $17,442 6.2 Select and Prioritize Projects 2 8 12 30 52 $10,076 6.3 High-Priority Concepts 1 8 8 30 47 $8,954 6.4 Projects Chapter 1 5 8 23 12 12 3 64 $11,294 DJ&A Fees 0 $16,274 WTI Fees 0 $7,628 Sanbell Fees 0 $2,400 Reimbursable Expense $0 Task #006 - Subtotal 8 33 52 133 12 12 3 0 253 $74,068 007 Safety Action Plan and Adoption 7.1 Draft SAP 2 4 12 24 8 4 4 58 $10,447 7.2 Adoption Draft SAP 1 2 6 12 4 2 2 29 $5,223 7.3 Final SAP 1 2 2 2 1 2 10 $1,722 7.4 Adoption Presentation 4 6 8 18 $3,589 7.5 Executive Summary 2 2 6 20 4 34 $5,667 7.6 Adoption Support 16 4 20 $5,191 Reimbursable Expense $1,021 Task #007 - Subtotal 3 29 32 52 34 7 12 0 169 $32,861 TOTAL HOURS 22 137 216 367 108 59 27 0 LABOR RATE $320.30 $274.34 $200.42 $161.18 $164.33 $164.33 $115.89 LABOR COST $7,047 $37,585 $43,291 $59,153 $17,748 $9,695 $3,129 936 $177,647 Rates shown above are for budgeting purposes only. Additional staff may be billed at the time services are performed. $4,802 $249,982 $0 $249,982 TOTAL PROJECT BUDGET TOTAL HOURS TOTAL KAI FEES TOTAL SUB FEES TOTAL LABOR TOTAL REIMBURSABLES Project Budget Form WORK TASK/ TASK HOURS WORK TASK/ TASK COST Kittelson & Associates Inc.H:\31\31558 - Bozeman Safety Action Plan\admin\p\07_Contract_Insurance_Rates\31558_BozemanSAP_CostBreakdownTasks_Revised Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Hourly Overhead @ Profit @ Hourly Rate 207.16%12%Billing Rate* Senior Principal Engineer/Planner $93.10 $192.87 $34.32 $320.30 Principal Engineer/Planner $79.75 $165.20 $29.39 $274.34 Associate Engineer/Planner $70.72 $146.51 $26.07 $243.30 Senior Engineer/Planner $58.26 $120.69 $21.47 $200.42 Engineer/Planner $46.85 $97.06 $17.27 $161.18 Transportation Analyst $40.24 $83.37 $14.83 $138.45 Technician I $33.69 $69.78 $12.42 $115.89 Technician II $39.45 $81.73 $14.54 $135.73 Senior Technician $47.77 $98.96 $17.61 $164.33 Associate Technician $60.59 $125.52 $22.33 $208.44 Office Support $32.35 $67.02 $11.92 $111.30 Data Analyst / Software Technician $46.34 $95.99 $17.08 $159.40 Senior Data Scientist/Developer $76.04 $157.52 $28.03 $261.59 Classification *Average classification rates shown above were developed using Kittelson's audited overhead of 207.16%, 12% profit and escalated to cover the term of the contract. Classification billing rates will be invoiced. City of Bozeman Rate Schedule As of March 2026 Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Tasks Hours Salary & Benefits IDC (at 45%)Total Task 1: Project Management 70 $4,356.34 $1,960.35 $6,316.69 Task 3: Community Engagement 172 $10,304.82 $4,637.17 $14,941.99 Task 5: Policy, Program, and Process Evaluation 90 $5,845.80 $2,630.61 $8,476.41 Task 6: Identification of Projects 80 $5,260.64 $2,367.29 $7,627.93 Total Personnel 412 $25,767.60 $11,595.42 $37,363.02 Bozeman SAP - WTI Scope of Work Fee Estimate Research AssociateResearch EngineerProyecto SaludCommunications StaffAccounting StaffTotal Hours/Total CostsTravelShipping/CommunicationsMinor Equipment (<5000) and installationEquipment >5000 Total Costs Task Task Title $61.78 $78.10 $49.03 $56.36 $54.05 22 18 6 24 70 $1,359.16 $1,405.80 $294.18 $0.00 $1,297.20 $4,356.34 $4,356.34 60 30 50 32 172 $3,706.80 $2,343.00 $2,451.50 $1,803.52 $0.00 $10,304.82 $10,304.82 44 30 16 90 $2,718.32 $2,343.00 $784.48 $0.00 $0.00 $5,845.80 $5,845.80 32 32 16 80 $1,976.96 $2,499.20 $784.48 $0.00 $0.00 $5,260.64 $5,260.64 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL HOURS 158 110 88 32 24 412 TOTAL DIRECT COSTS (includes ben.)$9,761.24 $8,591.00 $4,314.64 $1,803.52 $1,297.20 $25,767.60 -$ -$ -$ -$ $25,767.60 0.45 Indirect Costs at 45%$4,392.56 $3,865.95 $1,941.59 $811.58 $583.74 $11,595.42 $0.00 $0.00 $0.00 $0.00 $11,595.42 TOTAL $14,153.80 $12,456.95 $6,256.23 $2,615.10 $1,880.94 $37,363.02 -$ -$ -$ -$ $37,363.02 3 Community Engagement 1 project management 5 Policy, Program, and Process Evaluation 6 Identification of Projects Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC Fee Proposal Page 1 of 1 5/29/2025 Bill Delo, Senior Transportation Planner Mike Russell, Senior Engineer Rachel Bakker, Landscape Designer III Design Engineer II Project Coordinator Totals $220.00 $195.00 $141.00 $125.00 $129.00 Item Task 1 Project Management 1.1 Kick-Off Meeting 2.0 $390.00 1.2 Project Updates 6.0 $1,170.00 1.3 Monthly Invoices and Progress Reports 4.0 4.0 $1,396.00 1.4 Project Schedule and Contract Administration 1.0 1.0 $415.00 3 Engagement 3.2 PAC Meetings 5.0 $975.00 4 Safety Analysis 4.2 Safety Evaluation 2.0 2.0 2.0 $1,080.00 5 Policy, Program, and Process Evaluation 5.1 Policy Evaluation 2.0 2.0 2.0 $1,080.00 6 Projects 6.1 Develop Potential Projects 2.0 2.0 2.0 $1,080.00 6.2 Select and Prioritize Projects 2.0 2.0 $830.00 6.3 High-Priority Concepts 12.0 12.0 24.0 48.0 $14,364.00 25.0 34.0 24.0 54.0 4.0 $5,500.00 $6,630.00 $3,384.00 $6,750.00 $516.00 $22,780 $22,780 rate Totals Mileage $0.700 $20.00 $20 $22,800 Rate Total Hours Total Labor Cost DJ&A City of Bozeman Thursday, May 29, 2025 Safe Streets for All Plan Total Direct Expenses Total Project Total Direct Labor Costs Direct Expenses Direct Expenses 1526 Cole Boulevard, Suite 370 Lakewood, CO 80401 T 720.768.6385 djanda.com Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC 2026 2027 Senior Project Manager $268.00 $276.04 Senior Engineer $186.00 $191.58 Project Engineer I $166.00 $170.98 Design Engineer II $142.00 $146.26 Design Engineer I $136.00 $140.08 Senior Transportation Planner $178.00 $183.34 Transportation Planner II $142.00 $146.26 Transportation Planner I $124.00 $127.72 Graphic Designer $124.00 $127.72 Project Administrator $97.00 $99.91 Billing RatesStaff Classification DJ&A Billing Rates - Bozeman SS4A Plan Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC City of Bozeman SS4A Comprehensive SAP & Demonstration Activities 5/11/2026 Labor Category Total Plan Hours Rate Total Plan Bill Amount Task 1: Project Management Senior Engineer II 4.00 200.00 $800.00 Senior Project Administrator 1.00 130.00 $130.00 Marketing Coordinator 1.00 120.00 $120.00 Task 3: Community Engagement Senior Engineer II 8.00 200.00 $1,600.00 Marketing Coordinator 16.00 120.00 $1,920.00 Task 4: Safety Analysis Project Engineer II 2.00 160.00 $320.00 Task 5: Policy, Program, and Process Evaluation Senior Engineer II 2.00 200.00 $400.00 Task 6: Projects Senior Engineer II 12.00 200.00 $2,400.00 Total for City of Bozeman SS4A Comprehensive SAP & Demonstration Project 46.00 7,690.00 Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES ROCKY MOUNTAIN EFFECTIVE SEPTEMBER 13, 2025 Staff Engineer I $120.00/hour Staff Engineer II $130.00/hourStaff Engineer III $135.00/hourLandscape Designer I $110.00/hourLandscape Designer II $115.00/hour Landscape Designer III $125.00/hour Landscape Architect I $140.00/hourLandscape Architect II $150.00/hourSenior Landscape Architect I $185.00/hourSenior Landscape Architect II $195.00/hourStaff Planner I $100.00/hourStaff Planner II $115.00/hourPlanner I $135.00/hour Planner II $150.00/hour Senior Planner I $160.00/hourSenior Planner II $195.00/hourSenior Planner Manager $215.00/hourProject Engineer I $150.00/hour Project Engineer II $160.00/hour Senior Engineer I $190.00/hourSenior Engineer II $200.00/hourSenior Engineer Manager $215.00/hourChief Engineer $200.00/hour Senior Project Manager $210.00/hourSenior Eng Manager/Principal $250.00/hourExpert Witness/Special Consultant $290.00/hourEngineer Intern $90.00/hourField Survey Technician I $85.00/hourField Survey Technician II $88.00/hourStaff Surveyor I $120.00/hourStaff Surveyor II $130.00/hourStaff Surveyor III $138.00/hourParty Chief I $140.00/hourParty Chief II $145.00/hourProfessional Land Surveyor I $150.00/hourProfessional Land Surveyor II $155.00/hourSenior Professional Land Surveyor I $165.00/hourSenior Professional Land Surveyor II $185.00/hourConstruction Inspector $90.00/hourConstruction Engineering Tech. $130.00/hourSenior Construction Eng. Tech. $150.00/hourConstruction Engineer I $145.00/hourConstruction Engineer II $150.00/hourCADD Technician I $100.00/hourCADD Technician II $105.00/hourDesigner I $110.00/hourDesigner II $120.00/hourSenior Designer I $125.00/hourSenior Designer II $145.00/hourSenior Designer Manager $175.00/hourProject Administrator $105.00/hourSenior Project Administrator $130.00/hourAccounting Specialist $110.00/hourOffice Coordinator I $85.00/hourOffice Coordinator II $90.00/hourHR Generalist/Specialist $110.00/hourHuman Resources Assistant $115.00/hourIT Systems Admin I $115.00/hourIT Systems Admin II $120.00/hourSenior Admins Directors $195.00/hourWeb/Graphic Designer $120.00/hourMarketing Coordinator $120.00/hourSenior Marketing Coordinator $140.00/hourMarketing Director $195.00/hour 1-Person/2-Person Crew Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS rate/mile + $0.10/mile Scanner Equipment $150.00/hour Scanner Equipment (full day) $1,050/day 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us ADMINISTRATIVE EXPENSES Administrative Expenses 3.5% * Including copies, prints, phone, postage, materials, and travel *Based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. TRAFFIC DATA COLLECTION SERVICES Standard Intersection Count (veh/bike/ped) $35.00/hour Small Roundabout Count (veh/bike/ped) $45.00/hour Large Roundabout Count (veh/bike/ped) $100.00/hour Spot Location Volume (veh/bike/ped) $5.00/lane/hour Spot Location Travel Speeds (veh) $8.00/lane/hour Data Collection Equipment $40.00/count location Rushed Processing (24-hour turnaround) $10.00/processing hour Travel Time Processing Rate (veh) $20.00/intersection/hour Docusign Envelope ID: F37D37D0-81CA-8FD9-8045-DA835426CEAC