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HomeMy WebLinkAbout26 - Professional Services Agreements - Sanbell - North Frontage Road Wastewater and Shared Use Pathway I Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 1 of 17 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 15th Day of September, 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, Sanbell, 106 E Babcock St Suite L1, Bozeman, MT, 59715, 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 1st day of July, 2029, 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 attached hereto as Exhibit A. 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. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 2 of 17 Cost shall be calculated and defined as follows: a. Cost. Cost is the actual cost of the work. Through the negotiations process, the OWNER establishes a maximum cost ceiling on a cost-plus-fixed-fee contract. Federal regulations (23 CFR 172) require a contract maximum cost ceiling in cost plus fixed fee contracts. b. Fixed Fee. Fixed Fee is the negotiated fee and a set dollar amount in the agreement that includes a maximum profit of 12-percent of total labor costs for 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. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 3 of 17 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. iii. An audited indirect cost rate is required when The Total Compensation is more than Two Hundred Fifty Thousand Dollars ($250,000) per individual task order; 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. 1. The IDC rate expires one (1) yar after the end of the Accounting Period. 2. 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. 3. 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. 4. A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. 5. 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. 6. 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: Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 4 of 17 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 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 a professional, competent, and timely manner and with diligence and skill. 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 warranty. 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. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 5 of 17 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 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. 7. Prevailing Wage Requirements a. Montana Resident Preference. The nature of the work performed, or services provided, under this Contract meets the statutory definition of a "public works contract" in 18-2- 401, MCA. Unless superseded by federal law, Montana law requires that contractors and subcontractors give preference to the employment of Montana residents for any public works contract in excess of $25,000 for construction or non-construction services. Contractor must abide by the requirements set out in 18-2-401 through 18-2-432, MCA, and all administrative rules adopted under these statutes. The Commissioner of the Montana Department of Labor and Industry has established the resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions concerning prevailing wage and Montana resident issues should be directed to the Montana Department of Labor and Industry. b. Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all employees working on a public works contract must be paid prevailing wage rates in accordance with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the contract is greater than $25,000, contain a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that Contractors, subcontractors, and employers must pay during the public works contract. Wage rate adjustments for multiyear public works contracts are the sole responsibility of the Contractor and must be done in accordance with 18-2-417, MCA. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 6 of 17 c. Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all contractors, subcontractors, and employers who are performing work or providing services under a public works contract post in a prominent and accessible site on the project staging area or work area, no later than the first day of work and continuing for the entire duration of the contract, a legible statement of all wages and fringe benefits to be paid to the employees in compliance with 18-2-423, MCA. d. Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and employer must maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, MCA, for not less than three years after Contractor's, subcontractor's, or employer's completion of work on the public works contract. 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. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 7 of 17 For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages, Contractor must indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring. Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 8 of 17 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; • 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 9 of 17 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. 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 10 of 17 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 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 11 of 17 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, 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 Kellen Gamradt, Project 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 Danielle Scharf, 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. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 12 of 17 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 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 13 of 17 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, 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 14 of 17 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 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 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 15 of 17 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 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 annually for a Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 16 of 17 period of two (2) additional years for a total of five (5) years by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Professional Services Agreement for North Frontage Road Wastewater and Shared Use Pathway Improvements Page 17 of 17 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 SANBELL CONTRACTOR By__________________________________ By______________________________ Jon Henderson, Acting City Manager Print Name: Danielle Scharf, PE, PTOE Print Title: Managing Principal APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 City of Bozeman North Frontage Road Wastewater and Shared-Use Pathway Improvements Scope of Work 8/21/2026 Sanbell is pleased to provide this scope of work for pre-design services for a wastewater interceptor and shared-use pathway along North Frontage Road from Moss Bridge Road to the Cherry River Fishing Access site in partnership with our subconsultants, HDR, Clear Route Real Estate and SK Geotechnical. Several alignment alternatives for the pathway will be evaluated as part of these pre-design services. This project will also evaluate a planned sewer pipeline along North Frontage Road in accordance with the City’s 2024 Wastewater Master Plan. Analysis and evaluation of alternatives will be considered for both projects, along with timing for construction. Scope of work elements include survey, right-of-way research, sewer flow modeling, sewer hydraulic analysis, engineering design reports, 30% design plans for the path, 10% concept-level design plans for the sewer, cost estimates, and public outreach. The project phases and tasks are described in more detail below. Scope of Work: Phase 1 - Project Management & Coordination This phase of the project includes general project management, project set up, coordination with the Client and subconsultants, weekly progress reports, biweekly progress meetings and monthly billing/invoicing. Phase 2 - Summary of Existing Information This phase of the project will include a thorough review and summary of previous planning efforts for both the wastewater interceptor and shared-use path, including but not limited to the following documents: • FY27-31 Capital Improvement Plan • 2024 Wastewater Facility Plan • 2007 Parks, Recreation, Open Space and Trails (PROST) Plan • 2017 Transportation Master Plan • 2023 Comprehensive Parks, Recreation, and Active Transportation (PRAT) Plan • 2025 Bicycle and Pedestrian Gap Analysis Study • Other upcoming City or MPO planning projects currently underway EXHIBIT A Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 2 • Adjacent site development projects for the Waste Transfer Facility and MDT that will construct segments of the shared-use path Phase 3 - Topographic Survey The topographic survey for this project will be conducted in two stages. First, a limited topographic survey will be provided as needed for the evaluation of alternatives for the shared-use path. Sanbell’s prior survey completed for the 2022 Frontage Road Pathway Feasibility Analysis will be utilized as the basis for the evaluation of alternatives with some survey pick-ups as needed. Necessary pick-ups are anticipated to consist of property corner searches to verify right-of-way and other major features that could affect the alignment of path alternatives. The second survey stage will include a more detailed topographic survey for the preferred pathway alignment. Tasks for this phase of the project include: • Set/reset survey control. • Perform survey measure downs for existing sanitary sewer and water main • Field topographic survey including ground shots to establish contours, utilities, culverts, and stream crossings • Boundary survey of the project area including additional property corners along the preferred alignment • Draft base map • Additional survey pick-ups as needed during design Phase 4 - Environmental Review HDR will provide the wetland delineation for this project as outlined in their attached scope of work. Sanbell will provide coordination as needed with HDR and the City throughout this phase of the project. Phase 5 – Shared-Use Pathway Pre-Design Sanbell will provide preliminary design services for the shared-use path along Frontage Road from Moss Bridge Road to the Cherry River Fishing Access. This phase of the project will include the following tasks: • Trail Alignment Alternatives: Update concepts from the 2022 Frontage Road Pathway Feasibility Analysis based on feedback from City of Bozeman. Prepare decision matrix with input from City of Bozeman on evaluation criteria. • Engineering Report: Prepare summary report documenting design alternatives, traffic control upgrades, utility conflicts, wetland delineation, geotechnical Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 3 considerations, coordination with planned sewer improvements, decision matrix, right-of-way needs, and other design considerations. • Community Engagement: Assist City of Bozeman with project updates, property owner meetings (up to 5 meetings anticipated) and key stakeholder meetings (up to 2 meetings each with MDT and BNSF). • Shared-Use Path Design: Prepare 30% design plans for preferred path alignment. Plans will consist of plan/profile sheets, typical sections, and cross-sections. This level of design will be completed for the one preferred path alignment only. It is anticipated that one round of City review comments will be addressed before the 30% plans are finalized. Detailed grading, signing and striping plans, and detail sheets will not be included at the 30% design level. • Construction Cost Estimate: Prepare engineer’s opinion of probable construction cost based on the 30% design of the preferred alternative. The anticipated cost of right-of-way acquisition will be included with input from Clear Route Real Estate. Phase 6 – Wastewater Interceptor Pre-Design HDR will provide the sewer modeling and analysis services as outlined in their attached scope of work. HDR’s deliverable will consist of the Engineering Report for the wastewater interceptor. Sanbell will provide coordination as needed with HDR and the City throughout this phase of the project. Sanbell will provide the concept-level sanitary sewer interceptor design to include the following tasks: • Wastewater Interceptor Design: Prepare concept-level design plans (approximately 10% level design) in coordination with the shared-use path design. Plans will consist of plan view sheets only (no profile) for the sewer and will show water and other utilities. It is anticipated that one round of City review comments will be addressed along with the review of the shared-use path plans. HDR will be consulted throughout the design process. • Coordination with Shared-Use Path Design: The wastewater interceptor concept design will be provided in the same design deliverable as the shared- use path design. • Construction Cost Estimate: HDR will prepare the engineer’s opinion of probable construction cost for the wastewater interceptor. Sanbell will review and provide coordination and quantities for the concept design. The Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 4 anticipated cost of right-of-way acquisition will be included with input from Clear Route Real Estate and in coordination with right-of-way needs for the shared-use path. Phase 7 - Right-of-Way Investigation This phase of the project will primarily be conducted by Clear Route Real Estate with general coordination and property owner meeting attendance by Sanbell. See attached scope of work provided by Clear Route. Phase 8 - Geotechnical Investigation Geotechnical services will be provided by SK Geotechnical as outlined in their attached scope of work. Sanbell will provide coordination as needed with SK Geotechnical and the City throughout this phase of the project. Scope of Work Exclusions: The following items are not expected to be needed for this phase of the project and are therefore specifically excluded from this scope of work: • Design beyond the 30% level as noted above for the path and 10% level for the sewer • Landscape design and irrigation plans • Construction administration and inspection • Material testing • Street lighting • Traffic signal/intersection design • Stormwater calculations and report • Stormwater Pollution Prevention Plan (SWPPP) permit • Right-of-way acquisition • Wetland permitting and mitigation • Erosion control plans Fees and Billing Arrangements: Sanbell will bill for its services on a cost-plus fixed fee basis with a not to exceed amount of $208,463.47 as specified in the fee table below and attached detailed hourly breakdown. Sanbell shall submit invoices to the Client for work accomplished Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 North Frontage Road Wastewater and Shared-Use Pathway Improvements 8/21/2026 Page 5 during each calendar month. The amount of each monthly invoice shall be determined on a “time-and-material basis” according to the attached current standard rate sheets for Sanbell-Rocky Mountain. Monthly invoices shall include, separately listed, any charges for service for which time charges and/or unit costs shall apply. Fee Phase 1 – Project Management & Coordination $20,539.82 Phase 2 – Topographic Survey $23,626.72 Phase 3 – Summary of Existing Information $3,368.13 Phase 4 – Environmental Review $12,824.68 Phase 5 – Shared-Use Pathway Pre-Design $51,074.51 Phase 6 – Wastewater Interceptor Pre-Design $76,199.07 Phase 7 – Right-of-Way Investigation $14,128.01 Phase 8 – Geotechnical Investigation $6,702.54 Total Fee $208,463.47 Project Schedule: Sanbell and the City will work cooperatively to develop a proposed schedule for initiation and delivery of the project scope of work. This schedule shall include reasonable allowances for performance of services by Sanbell and subconsultants, review and approval times as required by the City, and review and approval times required by all public authorities having jurisdiction over the project (BNSF and MDT). This schedule shall be adjusted as the project progresses, allowing for any changes in scope requested by the City, or for delays or other causes beyond Sanbell’s reasonable control. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 N Frontage Rd Wastewater and Pathway Improvements7/28/2026Labor Category Total Hours Direct Labor Rate Overhead (1.7876) Profit (12%) Billling Rate Total Plan Bill AmountPhase 001: Project Management and Coordination Project Engineer I20.00 45.19 80.8 15.12 $141.09$2,821.76Principal26.00 88.94 159.0 29.75 $277.68$7,219.70Senior Engineer I4.00 64.90 116.0 21.71 $202.63$810.50Professional Land Surveyor4.00 46.63 83.4 15.60 $145.58$582.34Senior Project Administrator8.00 39.90 71.3 13.35 $124.57$996.58Expense: HDR$8,108.9462.00 Phase 001 Subtotal$20,539.82Phase 002: Survey Project Engineer I4.00 45.19 80.8 15.12 $141.09$564.35Professional Land Surveyor120.00 46.63 83.4 15.60 $145.58$17,470.09Principal4.00 88.94 159.0 29.75 $277.68$1,110.72Senior Designer16.00 52.88 94.5 17.69 $165.10$2,641.56Expense: Survey Equipment$1,840.00144.00 Phase 002 Subtotal$23,626.72Phase 003: Review Existing Information Project Engineer I16.00 45.19 80.8 15.12 $141.09$2,257.41Principal4.00 88.94 159.0 29.75 $277.68$1,110.7220.00 Phase 003 Subtotal$3,368.13Phase 004: Environmental Review Project Engineer I2.00 45.19 80.8 15.12 $141.09$282.18Principal2.00 88.94 159.0 29.75 $277.68$555.36Expense: HDR$11,987.144.00 Phase 004 Subtotal$12,824.68Phase 005: Shared-Use Pathway Pre-Design Project Engineer I120.00 45.19 80.8 15.12 $141.09$16,930.59Principal60.00 88.94 159.0 29.75 $277.68$16,660.84Senior Designer88.00 52.88 94.5 17.69 $165.10$14,528.56Const Eng Tech II24.00 39.43 70.5 13.19 $123.10$2,954.52292.00 Phase 005 Subtotal$51,074.51Phase 006: Wastewater Interceptor Pre-Design Project Engineer I4.00 45.19 80.8 15.12 $141.09$564.35Principal8.00 88.94 159.0 29.75 $277.68$2,221.45Senior Engineer I40.00 64.90 116.0 21.71 $202.63$8,105.00Senior Designer24.00 52.88 94.5 17.69 $165.10$3,962.33Expense: HDR$61,345.9376.00 Phase 006 Subtotal$76,199.07Phase 007: R/W Phase Project Engineer I18.00 45.19 80.8 15.12 $141.09$2,539.59Principal14.00 88.94 159.0 29.75 $277.68$3,887.53Expense: Clear Route$7,700.8932.00 Phase 007 Subtotal$14,128.01Phase 008: Geotechnical Investigation Project Engineer I2.00 45.19 80.8 15.12 $141.09$282.18Principal2.00 88.94 159.0 29.75 $277.68$555.36Expense: SK Geotechnical$5,865.004.00 Phase 008 Subtotal$6,702.54Total for N Frontage Rd Wastewater and Pathway Impro vements634.00 $208,463.47Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CITY OF BOZEMAN COST RATES ROCKY MOUNTAIN EFFECTIVE SEPTEMBER 13, 2025 Staff Engineer I $35.67/hour Staff Engineer II $38.73/hourStaff Engineer III $42.31/hourLandscape Designer I $33.17/hourLandscape Architect I $41.35/hourLandscape Architect II $44.23/hourSenior Landscape Architect I $55.29/hourPlanner II $45.19/hour Senior Planner II $64.90/hourProject Engineer I $45.19/hour Project Engineer II $49.95/hour Senior Engineer I $64.90/hourSenior Engineer II $86.54/hourSenior Engineer Manager $65.38/hourSenior Project Manager $72.12/hourSenior Eng Manager/Principal $88.94/hour Engineer Intern $24.00/hour Field Survey Technician II $30.00/hour Staff Surveyor II $41.35/hourProfessional Land Surveyor II $46.63/hourSenior Professional Land Surveyor II $56.73/hourConstruction Engineering Tech. $39.43/hourDesigner II $36.06/hourSenior Designer Manager $52.88/hourProject Administrator $31.25/hourSenior Project Administrator $39.90/hourAccounting Specialist $30.77/hourOffice Coordinator I $25.48/hourOffice Coordinator II $27.88/hourHR Generalist/Specialist $34.00/hourHuman Resources Assistant $35.00/hourIT Systems Admin II $38.46/hourWeb/Graphic Designer $38.46/hourMarketing Coordinator $39.90/hourSenior Marketing Coordinator $44.23/hourMarketing Director $64.90/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 FAR OH Rate: 1.7876 (Provisional Rate approved by MDT for 7/1/26) 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: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 1 SANBELL CITY OF BOZEMAN N. FRONTAGE ROAD WASTEWATER IMROVEMENTS SCOPE OF SERVICES Purpose and Need for Project: The City of Bozeman (City) is advancing preliminary design of a multi-use pathway (pathway) along the northern side of Frontage Road between Valley Center Spur and the Cherry River Fishing Access Site. Portions of the proposed pathway alignment overlap or are adjacent to the alignment of the North Frontage Road (NFR) Interceptor. HDR (Consultant) will contract with Sanbell to provide the following services: • Environmental review and wetland delineation • Wastewater collection system hydraulic modeling, • Preliminary design of NFR interceptor improvements The wastewater collection system hydraulic modeling criteria and approach will be generally based on the 2024 Wastewater Facility Plan Update. The services provided in this scope of work are organized into the following major task groups: Task 100 Project Management and Administration (Sanbell Phase 1) Task 200 Environmental Review (Sanbell Phase 3) Task 300 Preliminary Design (Sanbell Phase 6) A detailed description of each task, and the associated subtasks proposed in this scope of services, follows: Task 100 – Project Management and Administration 101 Project Startup and Contracts 102 Kickoff and Coordination Meetings/Workshops Objective: Project management for the professional services Contract. This includes meetings and coordination, project management, and administrative activities. Subtasks 101 Project Startup, Coordination and Contracts: Includes project startup and preparing contract agreements with Sanbell. Also includes preparing monthly invoices and progress reports. Progress reports will summarize the work progress to date, the budget expenditures to date, and identify information requirements or decisions that need to be made by the City. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 2 102 Kickoff and Coordination Meetings/Workshops: Conduct a project kickoff meeting with key Sanbell and City staff to establish project goals and objectives, tour of the project alignment, establish the project schedule, and establish points of contact and project communication. Conduct monthly meetings with Sanbell, as required, to review project progress, schedule, and budget. Identify information needs and make decisions regarding changes in the scope of the project. Attend up to 5, one (1) hour meetings with up to two consultant staff with Sanbell and/or the City. Deliverables 1. Project progress reports, budget report, and invoices. 2. Meeting notes, as required. City Involvement 1. Participate in telephone calls and meetings. 2. Review project status reports and invoices. 3. Review modifications to approach, schedule, and deliverables as appropriate Assumptions 1. If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. 2. Quality control reviews of work activities and project deliverables are included in each task. 3. Invoice format will follow standard format by the Consultant. 4. Direct expenses for travel, printing, and photocopying will be billed to Sanbell. Deliverables 1. Monthly invoices. Task 200 – Environmental Review 201 Wetland Delineation and Reporting Objective and Approach Perform aquatic resource delineation and reporting for a proposed trail extension project located along Frontage Road, Campbell Road, and Moss Bridge Road. The delineation will also include the proposed inceptor pipeline alignment, which is in the same general study area as the trail extension but extends further south of the Cherry River Fishing Access Site along the Frontage Road, BNSF railroad, Manley Road, and across Industrial Drive and ends at a proposed connection point at North Rouse Avenue. The trail/pipeline alignment is approximately 2.5 miles in length and requires delineation of several alternative alignments in the vicinity of Campbell Road. The additional pipeline alignment is approximately 1.5 miles in length. The aquatic resource delineation study area will include an approximate width of 25-feet along the proposed alignment(s). Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 3 Subtasks 201 Wetland Delineation and Report: Consultant will provide wetland delineation services under this subtask, including: 1. Perform field review to identify wetlands within the specified study area. 2. Perform field review to identify jurisdictional limits (ordinary high water mark (OHWM)) of waterways to the extent the waterway is within the study area. 3. Perform wetland delineations/verifications in accordance with the 1987 USACE Wetland Delineation Manual, along with the USACE Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0) and revised USACE Wetland Determination Data Forms. Complete necessary forms. 4. Delineate and map wetland boundaries using GPS with sub-meter accuracy electronically transferable as .shp and/or .dgn files. Files will be provided to Sanbell. 5. Identify the wetland type/classification following HGM and Cowardin classification systems. Describe the delineated wetlands including but not limited to: general location description, dominant vegetation, soil description, associated hydrologic features, and hydrologic indicators. Describe the source hydrology, destination hydrology, and/or adjacency of wetlands and waterways for use in making a USACE jurisdictional determination by others. 6. Develop a memorandum describing the results from the wetland and stream delineation suitable for submittal to the USACE. 7. The memorandum will include additional descriptions of protected resources, as applicable, that are identified during the field investigation. Deliverables: 1. Draft and Final Wetland Delineation Memo. (PDF) 2. Digital files of wetland and stream boundaries (.shp/.dwg/.dgn) Assumptions: 1. Wetland delineation will be performed within the study area boundary. 2. Environmental permitting will be performed by others or can be added to future services performed by HDR through a contract amendment. 3. Wetland functional assessment is not included in the scope of services. 4. Right-of-entry agreement for accessing the property will be obtained and provided to HDR by Sanbell. 5. This delineation will be completed by 2 staff and is estimated to take a maximum of two days of field work. This task includes expenses associated with the field investigation. Task 300 – Preliminary Design 301 Wastewater Flow Forecasting 302 Evaluation of North Frontage Road Interceptor – Phase 1 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 4 303 NFR Interceptor Predesign 304 Preliminary Design Cost Estimate 305 Predesign Report Objective and Approach HDR will perform a calibration update of the North Frontage Road (NFR) Interceptor basin in the City’s sanitary sewer collection system hydraulic model. Calibration will utilize flow monitoring data collected at the downstream end of the North Frontage Road Interceptor since 2024. The recalibrated model will be used to evaluate existing hydraulic performance of the NFR Interceptor and future hydraulic performance at 5-year benchmarks (assumed up to 20-year planning horizon). Deficiencies identified at existing and future benchmark conditions will be used to constrain the timing of needed capital improvements in the NFR Interceptor. Results from the modeling effort will be used to develop sewer improvement strategies and coordination requirements with the proposed shared use path. Subtasks 301 Wastewater Flow Forecasting: Consultant will provide the following services under this subtask. 1. Prepare 5-year, 10-year, 15-year, and 20-year wastewater flow forecasts for the NFR Interceptor Basin from City growth data documented in the 2024 Wastewater Facility Plan Update to include wastewater flow duty factors, development densities, population growth rate, and infiltration (I&I) factors for new construction. 2. Load wastewater flow forecasts into the recalibrated City sanitary sewer model to create evaluation scenarios at each benchmark planning horizon. 302 Evaluation of North Frontage Road Interceptor: Consultant will provide the following services under this subtask. 1. Evaluate the NFR Interceptor within the Shared-Use Pathway project limits using provided flow monitoring data. 2. Review flow monitoring data collected at Manhole I5012. To verify collected data, a mass balance calculation will be performed for all flows entering the City’s Water Reclamation Facility (WRF). This step is intended to address any influence from backwater conditions from intermittent headworks screen blockages potentially reflected in the flow data. If it is found the backwater conditions from the plant are not impacting the flow meter in Manhole I5012 and subsequently the NFR Interceptor, 302.2 budget will not be used. 3. Historical precipitation and WRF influent data will be reviewed to validate the recurrence interval of the design storm event used for capital improvement planning. Precipitation events will be classified from historical rainfall data collected at the nearest Montana Mesonet weather monitoring station. This step is intended to select a conservative but reasonable design storm for capital improvement sizing and timing to reflect the current local climate. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 5 4. Calibrate average dry-weather flows, diurnals, and RTK parameters for the North Frontage Road Interceptor basin (includes Gallatin, Bridger Creek, Bozeman Creek, and Upper Rouse basins). Up to two (2) significant rainfall events from the historical data collection period will be used for wet-weather flow (WWF) calibration. 5. Evaluate current and future benchmark WWF conditions in the NFR Interceptor against the selected design storm. NFR Interceptor performance against established gravity main criteria will be documented in the final report to identify sections within the Shared- Use Pathway project limits that will require capital improvements (i.e. replacement or parallel) at each benchmark future condition. 303 NFR Interceptor Predesign: Consultant will provide the following services under this subtask. 1. Review of available easement information and corridor constraints provided by the City. 2. Evaluate potential interceptor alignment alternatives and coordination requirements with the proposed Shared-Use Pathway using updated model results. 3. Develop a replacement phasing plan based on model results. 4. Review existing and available asset condition information including available CCTV and maintenance request to identify potential needs for future non-destructive testing investigations. The results of the modeling will be used to inform future CCTV and/or condition assessment needs. 5. Assess constructability, and maintenance of service (bypassing) during future replacement, rehabilitation, or parallel interceptor construction. 6. Develop preliminary design criteria for NFR Interceptor improvements including pipe sizing, alignment and system redundancy criteria. 7. Provide input to the project decision alternative’s matrix. 304 Preliminary Design Cost Estimate: The consultant will develop a Class 4 Engineer’s Opinion of Probable Construction Cost with - 20% to +30% accuracy and a 15% to 20% contingency included in accordance with AACE International (AACE) guidelines. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. 305 Predesign Report: Consultant will provide the following services under this subtask. Develop a predesign report (PDR) documenting the following: 1. Hydraulic modeling results and methodology. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 6 2. Sewer improvement extents and timing 3. Alignment evaluation and selection. 4. Design parameters for existing a project future sewer demands. 5. An evaluation of future condition assessment needs. 6. Class 4 Engineer’s Opinion of Probable Construction Cost Task 300 – Deliverables: 1. Updated sanitary sewer collection system hydraulic model 2. Class 4 Engineer’s Opinion of Probable Construction Cost (OPCC) 3. Draft and Final Predesign Report Task 300 – Assumptions: 1. City will provide: a. Planning GIS data (i.e. zoning, future land use, infill, etc. Layers) b. Historical flow monitoring data at Manholes I5012 and I5010 c. Population projections d. Current wastewater collection system hydraulic model files e. Historical WRF influent data (full record, if possible) and lift station operation data (run times, flows, etc.) at the Davis Lift Station and Riverside Lift Station. 2. Flow meter procurement, installation, monitoring and data acquisition will be performed by the City. 3. Flow modeling will be used to evaluate system capacity for existing and forecasted benchmark scenarios (up to a 20-year planning horizon to identify capacity deficiencies). 4. Condition assessment or rehabilitation alternatives will be evaluated pending flow modeling results. It is assumed that condition assessment and / or rehabilitation services or design will be provided under a separate authorization, if such services are necessary. Proposed Fee HDR has developed a detailed scope of services and associated fee proposal for the tasks and activities discussed above. A summary of the proposed fee is provided as Exhibit A. Proposed Schedule Kickoff Meeting ............................................................................................................ August 15, 2026 Task 200 Environmental Review ................................................................................ By End of October 2026 Task 300 Preliminary Design ...................................................................................... By End of January 2027 Items Not Included in the Preliminary Design: The following items are not included in this phase and will be included in subsequent phases of the project as the project is defined. 1. Final Design and Bid Phase Services 2. Construction Administration Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell | N. Frontage Road Wastewater Improvements Scope of Services hdrinc.com 2150 Analysis Drive, Suite A, Bozeman, MT 59718-3820 (406) 577-5015 7 Assumptions 1. Model updates will be limited to calibration of RTK parameters upstream of flow monitors deployed for this study, dry-weather flows at the identified planning horizon, and system improvements proposed by this study. It is assumed that the provided model is current and does not require updates to reflect recent system improvements or bring modeled facilities to current conditions. 2. Geotechnical investigations and topographical survey will be performed by others. 3. City will lead communications with the public as necessary. 4. 30% drawings will be developed by Sanbell. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Activity Tasks Total Hours Project Manager Sr. Engineer Design Engineer Environmental GIS Specialist Sanitary Engineer 100 Project Management and Administration 101 Project Startup, Coordination and Contracts 22 22 102 Kickoff and Coordination Meetings/Workshops 24 11 4 4 5 100 0 100 0 100 SUBTOTAL (HOURS)46 33 4 0 4 0 5 200 Environmental Review 201 Wetland Delineation - Filed Work 38 38 Wetland Delineation - Report 30 2 2 4 14 8 102 0 102 SUBTOTAL (HOURS)68 2 2 4 52 8 0 300 Preliminary Design 301 Wastewater Flow Forecasting 26 4 2 20 302 Evaluation of North Frontage Road Interceptor 66 4 2 60 WRF Flow Mass Balance 24 24 304 NFR Interceptor Predesign 122 30 12 80 305 Preliminary Design Cost Estimate 26 14 2 10 306 Predesign Report 84 14 6 40 12 12 103 SUBTOTAL (HOURS)348 66 24 130 0 12 116 Total Project HoursTotal Project Hours 462 101 30 134 56 20 121 PROJECT: N. Frontage Waste Water Interceptor Predesign Estimate Prepared By: HDR DATE: 08/19/2026 PHASE ACTIVITIES Page 1 of 1 Exhibit ADocusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Hours % of total Rate Extension 101 22%79.33 8,012.33 30 6%83.50 2,505.00 121 26%47.04 5,691.84 134 29%36.56 4,899.04 Environmental 56 12%53.60 3,001.60 GIS Specialist 20 4%55.13 1,102.60 462 LABOR SUBTOTAL $25,212.41 1.85 OVERHEAD SUBTOTAL $46,642.96 TOTAL LABOR/OVERHEAD $71,855.37 Hours 462 Per Hour Title commitments Parcels Per Parcel $300 Vehicle Rental Days Per Day $50 Miles 300 Per Mile $0.880 Current IRS Rate 264.00 Airline Trips Trips Per Trip Days 1 Per Day $300 Current IRS Rate 300.00 Days 4 Per Day $75 Current IRS Rate 300.00 Parking/Gas 2 50 100.00 TOTAL DIRECT NONLABOR $964.00 R/W Appraisals, Negotiation & Acquisition Soils/Geotechnical Survey/Report/Testing Cultural Resource Studies/Report Noise Study Traffic Study/Report Biological Resources Studies/Report Surveys Subsurface Utility Engineering (Phase lI) Hazardous Materials (Initial Site Assessment) Landscaping Plans Electrical/Lighting Signalization etc. Aerial Photography/Mapping Other Drilling Contractor TOTAL OUTSIDE SERVICES AND SUBCONTRACTS Total Labor/ Overhead 71,855.37 Total Direct NonLabor 964.00 Total Outside Services & Subcontracts 12%Profit (12% of Total Labor Costs)8,622.64 TOTAL ESTIMATED COST $81,442.01 PROJECT: N. Frontage Waste Water Interceptor Predesign Estimate Prepared By: HDR DATE: 08/19/2026 Mileage Lodging Meals Other TOTAL HOURS GENERAL OVERHEAD @ DIRECT NONLABOR Design Engineer COST SUMMARY OUTSIDE SERVICES AND SUBCONTRACTS RECAPITULATION Miscellaneous (Blueline prints, Computer Project Manager Sr. Engineer Sanitary Engineer Page 1 of 1 Exhibit ADocusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 July 23, 2026 Sanbell - Rocky Mountain c/o Danielle Scharf, P.E. 106 East Babcock Street, Suite L1 Bozeman, MT 59715 Subject: North Frontage Road Wastewater and Shared Use Pathway Improvements Right-of-Way Acquisition Services Proposal Dear Danielle, The following is a proposal for Clear Route Real Estate, LLC to provide services for the Sanbell - Rocky Mountain project referenced above and as described in the Project Intent section to follow. This proposal establishes the scope of services and budget between Clear Route Real Estate, LLC (hereinafter “Clear Route”) and Sanbell - Rocky Mountain to be provided to the project client, The City of Bozeman, attached as Exhibit A. Project Intent We understand the City of Bozeman is planning to construct pedestrian pathway and sewer main improvements along the Frontage Road near Springhill Road in the near future. As part of the design process, Clear Route will provide right-of-way (R/W) acquisition services to be completed in two phases. The first phase will be to coordinate with up to five parcels with property impacts, additionally coordinating with MDT and BNSF. The second phase will be to conduct acquisition services to acquire real property interests to allow the City to construct the pathway and sewer improvements. The second phase to be completed under a contract amendment once preliminary designs are completed. Thank you for including our team to assist with this project. Feel free to call me at 406-208-7919 if you have any questions regarding this proposal. If it meets your approval, please mail or email this signed and dated agreement to our office at P.O. Box 6162, Bozeman, MT 59771 or tgaddo@clearroute-re.com. Thank you. Sincerely, Clear Route Real Estate Tony Gaddo, P.E., REALTOR® Senior R/W Consultant, Broker/Owner Enclosures Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Frontage Road Wastewater and Path Improvements Page | 1 7/23/2026 EXHIBIT A Scope of Services The scope of services is detailed below. 1. Project Research a. Obtain and review available preliminary design plans and project documentation b. Coordination meeting with the project team members c. Obtain current deeds and ownership information for up to five parcels d. Research and document existing road R/W along the Frontage Road, Moss Bridge Road, Springhill Road, Cambell Road and Reeves Road. 2. Initial Property Owner Contact a. Compile contact information for up to five parcels b. Prepare project information for meetings with private property owners, the Montana Department of Transportation (MDT), and BNSF Railway (BNSF). c. Initiate contact with owners of up to five parcels of land, MDT, and BNSF to begin pre-acquisition discussions to determine which parcel(s) to acquire R/W from and determine the needs of MDT and BNSF. d. Conduct meetings with affected property owners. It is assumed each of the five private property owners, MDT, and BNSF will require one meeting. e. Team coordination 3. R/W Cost Estimate a. Provide a preliminary R/W cost estimate to document the anticipated costs for land acquisition based on the preliminary preferred pathway alignment and impacts to adjacent property as determined by the Client. One preliminary estimate and one final estimate will be prepared. b. The cost estimate will include a review of the real estate market to estimate land values for impacted parcels. c. R/W design services are not included in this contract. d. Team coordination Schedule Clear Route and Sanbell will work together to create a schedule outlining key milestones for starting and completing the project. This schedule will reflect realistic timeframes for services provided by Clear Route and Sanbell’s other consultants and will incorporate anticipated review and approval periods by Sanbell and the City of Bozeman. The schedule will remain flexible and may be revised throughout the project to accommodate changes in scope or design, or to address delays or other factors outside Clear Route’s control. Budget and Invoicing Clear Route will bill for its services with a total maximum cost of $7,700.89, as detailed on the attached fee summary. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Frontage Road Wastewater and Path Improvements Page | 2 7/23/2026 Clear Route Real Estate will submit monthly invoices to the Client for services performed during the prior billing period, typically aligning with the calendar month and spanning approximately 30 days. Each invoice will itemize, as applicable, charges based on time, as well as any costs for subcontracted consultants, reimbursable expenses, and profit. Invoices will be issued promptly following the end of each billing period and will be due upon receipt by the Client. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 PROJECT: Activity Tasks Total Hours R/W Agent/Manager PRELIMINARY RIGHT OF WAY 110 Project Research 15 15 110 Initial Property Onwer Contact 25 25 110 R/W Cost Estimate 8 8 110 110 110 110 SUBTOTAL (HOURS)48 48 0 0 0 0 0 0 R/W PHASE TOTAL RIGHT OF WAY PHASE HOURS 0 0 0 0 0 0 0 0 Total Project HoursTotal Project Hours 48 48 0 0 0 0 0 0 PREPARED BY: DATE: Clear Route 7/23/2026 Frontage Path/Sewer Improvements Proposal Revised 7/23/26 Page 1 of 2 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 PROJECT: Hours % of total Rate Extension 48 100% 65.00 3,120.00 48 $3,120.00 1.171 $3,653.52 $6,773.52 0.00 Hours Per Hour $10 0.00 Title commitments Parcels Per Parcel $650 0.00 Vehicle Rental Days Per Month $271 GSA 0.00 Miles 158 Per Mile $0.725 GSA 114.55 Airline Trips Trips Per Trip $800 0.00 Days Per Day $118.80 GSA 0.00 Days Per Day $68.00 GSA 0.00 Days Per Day $51.00 0.00 $114.55 $0.00 6,773.52 114.55 0.00 812.82 $7,700.89 Meals (1st and last day) Meals (full day) DIRECT NONLABOR Miscellaneous (Blueline prints, mylars, multilith paper, telephone, TOTAL LABOR/OVERHEAD LABOR SUBTOTAL COST SUMMARY PREPARED BY: DATE: Frontage Path/Sewer Improvements Proposal Clear Route 7/23/2026 OUTSIDE SERVICES AND SUBCONTRACTS TOTAL DIRECT NON-LABOR TOTAL HOURS R/W Agent/Manager OVERHEAD SUBTOTAL Other GENERAL OVERHEAD @ Computer Mileage Lodging Biological Resources Studies/Report Surveys Subsurface Utility Engineering (Phase lI) Hazardous Materials (Initial Site Assessment) R/W Appraisals, Negotiation & Acquisition Soils/Geotechnical Survey/Report/Testing Cultural Resource Studies/Report Noise Study Traffic Study/Report TOTAL OUTSIDE SERVICES AND SUBCONTRACTS TOTAL ESTIMATED COST Profit (12% of Total Labor Costs) Total Labor/Overhead Total Direct Non-Labor Total Outside Services & Subcontracts RECAPITULATION Landscaping Plans Electrical/Lighting Signalization etc Aerial Photography/Mapping Other Drilling Contractor Revised 7/23/26 Page 2 of 2 Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 August 19, 2026 Proposal P-26130-R2 Ms. Danielle Scharf, PE Sanbell Via Email: dscharf@sanbell.com Dear Danielle: Re: Revised Proposal for a Preliminary Geotechnical Evaluation, Proposed North Frontage Road Wastewater Shared Use Pathway, Bozeman, Montana As you requested on July 21, 2026, we are pleased to furnish this proposal for a preliminary geotechnical evaluation for the above-referenced site. This proposal has been revised to remove the soils borings and laboratory testing from our scope. We will furnish the services described for a lump sum of $5,865 in accordance with our attached scope of services. If additional services are needed, we will contact you for additional authorization. If this proposal is acceptable, we have assumed you will prepare an agreement for our review and signature. Current scheduling would permit us to begin the fieldwork within about 2 to 3 weeks after authorization to proceed, weather permitting. We anticipate the fieldwork will take one day for the engineering reconnaissance. Approximately three to four weeks will then be required for preparation of the preliminary engineering report, unless there are delays due to circumstances beyond our control. We appreciate the opportunity to present this proposal. If you have any questions, please contact us at your convenience. Sincerely, Cory G. Rice, PE Senior Engineer Dustin P. Hutzenbiler, PE Reviewing Engineer Attachments: Proposed Scope of Services 2511 Holman Avenue P. O. Box 80190 Billings, Montana 59108-0190 p: 406.652.3930; f: 406.652.3944 www.skgeotechnical.com Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell August 19, 2026 Proposal P-26130 – R2 Page 2 Proposed Scope of Services Description of Project The purpose of the preliminary geotechnical evaluation will be to develop concept level alternatives for the trail passing through the 19th Avenue Overpass area, develop preliminary trail section thicknesses and preliminarily delineat areas of soft, unstable soils. This work is to be developed through visual observations only and subsurface soil borings or laboratory testing will be completed at a later date. The proposed project will consist of constructing a multi-use pathway near the existing wastewater treatment plant and North Frontage Road in Bozeman, Montana. The pathway will extend from about Prince Lane and travel parallel to the existing Frontage Road to the intersection with Moss Road and then travel along Moss Road to Springhill Road. Three different options are then being considered to extend the pathway along Campbell Road or through a mostly open area until it reconnects with the existing Frontage Road. The pathway will then generally run parallel to the existing Frontage Road to the end of the project near the Cherry River fishing access. We assume the pathway will have a width of about 10 feet and will primarily be used for support of foot and bicycle traffic. Some intermittent truck traffic will be required to allow the City to access sewer manholes along the trail alignment. No structures are indicated at this time, but special consideration will be needed if the trail is to extend through the existing 19th Avenue overpass opening such as retaining walls or a tunnel. We have also assumed the new pathway will be paved with hot mix asphalt. We will use the preliminary plans provided for our geotechnical reconnaissance. We have assumed the ground surface will be free of snow during our reconnaissance. We have also assumed our current insurance amounts are acceptable, and we can provide you with a certificate of insurance. Scope of Services Geotechnical Reconnaissance. We propose to have a senior geotechnical engineer travel to the site to review the proposed pathway alignment(s), paying particular attention to the proposed crossing through the 19th Avenue Overpass. At this time, we will also observe and delineate areas where soft or wet ground conditions are anticipated that may require special subgrade preparation considerations such as subexcavation, geosynthetics and/or increased gravel thicknesses Preliminary Geotechnical Report. For the 19th Avenue overpass crossing, we will review the as-built documents for the overpass structure and assist in developing concept level alternatives for extending the pathway through the overpass opening. Potential alternatives could consist of retaining wall(s) or a tunnel through the approach embankments. We anticipate a virtual meeting with you, the City and MDT personnel may be required to discuss potential alternatives. A preliminary geotechnical engineering report will then be prepared. The report will provide preliminary recommended trail typical sections. We propose to provide a typical section for a stable subgrade and one alternatives for unstable subgrades. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 Sanbell August 19, 2026 Proposal P-26130 – R2 Page 3 Final sections will need to be determined after site-specific soil borings are completed. We will also summarize the areas where we anticipate additional subgrade treatment may be required based on our visual observations. It should be noted that additional specific borings, dynamic cone penetrometers and/or hand auger borings will be required to better evaluate suspected soft areas, and we assume this will be completed in a supplemental phase prior to final design. The preliminary geotechnical report containing details of our observations and preliminary recommendations will be prepared on 8 1/2- by 11-inch letter format. One digitally signed electronic copy will be emailed to you followed upon completion. Hard copies will not be provided, unless requested. Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17 27North Frontage Road Wastewater and Shared Use Pathway Improvements Appendix A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). ______________________________________ Docusign Envelope ID: 527C7AB2-FF69-8A7E-83A9-B345CADF5C17