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
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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:
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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.
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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
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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
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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
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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;
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• 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.
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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
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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,
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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
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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,
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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
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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
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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 ****
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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
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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
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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
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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:
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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.
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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.
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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
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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
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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
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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