E2. Historic Standards AgreementCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Rachel Ezell, Planner
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Historic Downtown Design Standards Request for Qualifications Selection
MEETING DATE: September 8, 2020
BACKGROUND: The Downtown Business Improvement District (BID) was awarded a $15,000
grant from the Montana Main Street program in February to establish design guidelines aimed at
preserving the historic character of downtown Kalispell. The BID agreed to supplement the grant
money with a $5,000 match for a total of $20,000 to be used to select an architecture or planning
firm to create a set of design standards. The City of Kalispell prepared and advertised a Request for
Qualifications soliciting a qualified professional architecture firm to provide professional services
for completion of the design standards. Three firms responded to the request for qualifications and
a four -member committee reviewed the statements of qualifications and recommends A&E
Architects to provide professional planning and architecture services for the creation of the design
standards.
RECOMMENDATION: It is recommended that the City Council approve the selection of A&E
Architects.
FISCAL EFFECTS: Funding for this contract will come from the Downtown BID. City staff time
will be donated in -kind (approximately $5,000).
ALTERNATIVES: As suggested and approved by Council.
ATTACHMENT: Professional Services Agreement
c: Aimee Brunckhorst, Kalispell City Clerk
PROFESSIONAL SERVICES AGREEMENT
CITY OF KALISPELL
HISTORIC DOWNTOWN ARCHITECTURAL DESIGN STANDARDS
THIS AGREEMENT is made and entered into this 81h day of September, 2020, by and
between the CITY OF KALISPELL, MONTANA, a municipal corporation organized and
existing under the laws of the State of Montana, 201 First Avenue East, Kalispell, Montana
59901, hereinafter referred to as "City," and A&E Architects, P.C., 36 2nd Street East, Kalispell,
Montana 59901, hereinafter referred to as "Consultant."
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to hire Consultant as an independent 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. Effective Date: This Agreement is effective upon the date of its execution and
will terminate on the 31st day of May, 2021.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services.
4. Payment: City agrees to pay Consultant Twenty Thousand Dollars ($20,000) for
services performed pursuant to the Scope of Services. Any alteration or deviation from the
described work that involves extra costs will be performed by Consultant after written request by
the City, and will become an extra charge over and above the contract amount. The parties must
agree upon any extra charges in writing.
5. Independent Contractor Status: The parties agree that Consultant is an
independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39,
Chapter 71, MCA. Consultant shall maintain workers' compensation coverage for all members
and employees of Consultant's business, except for those members who are exempted by law.
Consultant shall furnish the 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.
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6. Indemnity and Insurance: For other than professional services rendered, to the
fullest extent permitted by law, Consultant agrees to defend, indemnify, and hold the City
harmless against claims, demands, suits, damages, losses, and expenses connected therewith that
may be asserted or claimed against, recovered from or suffered by the City by reason of any
injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any
intentional or negligent act on the part of Consultant or Consultant's agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Consultant
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 willful misconduct of the Consultant or Consultant's agents or employees.
For this purpose, Consultant shall provide City with proof of Consultant's liability
insurance issued by a reliable company or companies for personal injury and property damage in
amounts not less than as follows:
• Workers' Compensation - statutory
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City shall be included or named as an additional or named insured on the
Commercial General and Automobile Liability policies. The insurance must be in a form suitable
to City.
7. Professional Service: Consultant agrees that all services and work performed
hereunder will be accomplished in a professional manner.
8. Compliance with Laws: Consultant agrees to comply with all federal, state and
local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of
the Montana Safety Act in Title 50, Chapter 71, MCA. 9.
9. Nondiscrimination: Consultant agrees that all hiring by Consultant of persons
performing this Agreement will be on the basis of merit and qualification and will not
discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status,
physical or mental disability, or national origin.
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10. Default and Termination: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, the other party, at its option, may
terminate this Agreement and be released from all obligations if the default is not cured within
ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth
the items to be cured. Additionally, the non -defaulting party may bring suit for damages, specific
performance, and any other remedy provided by law. These remedies are cumulative and not
exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in
writing and hand -delivered or mailed to the parties at the addresses set forth in the first paragraph
of this Agreement.
11. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents
of either party, which are not contained in this written Agreement, may be considered valid or
binding. This Agreement may not be enlarged, modified or altered except by written agreement
signed by both parties hereto. The Consultant may not subcontract or assign Consultant'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.
12. Ownership and Publication of Materials: All reports, information, data, and
other materials prepared by the Consultant pursuant to this Agreement are the property of the
City. The City has the exclusive and unrestricted authority to release, publish or otherwise use, in
whole or part, information relating thereto. Any re -use without written verification or adaptation
by the Consultant for the specific purpose intended will be at the City's sole risk and without
liability or legal exposure to the Consultant. No material produced in whole or in part under this
Agreement may be copyrighted or patented in the United States or in any other country without
the prior written approval of the City.
13. Liaison: City's designated liaison with Consultant is Jarod Nygren and
Consultant's designated liaison with City is Shane Jacobs.
14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day
and year first above written.
CITY OF KALISPELL, MONTANA
Lo
Doug Russell, City Manager
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A&E Architects, P.C.
CONSULTANT
By
Name & Title:
Exhibit "A"
SCOPE OF SERVICES
A&E will develop an architectural design standards document that will be implemented by the
Kalispell Planning Department and Architectural Review Committee that guides the review of
existing buildings and new construction in the historic downtown. The following is a breakdown
of the scope of work expected for this project:
• Initial meetings with city staff and Kalispell Business Improvement District members to
discuss the scope of design standards and establish a work schedule.
• Attend a minimum of two BID meetings and Architectural Review Committee meetings to
review and provide input on the architectural design standards prior to their completion.
• Attend two public open house meetings, one of which will be a scoping meeting and the
other a representation of the draft standards that should include visual guides. The
consultant shall be available to answer questions from the public regarding the proposal.
• Provide presentations along with city staff to the Planning Board and City Council at
scheduled work sessions and public hearings.
• Provide any necessary changes to the design standards after the public open house events
and the Planning Board and/or City Council work sessions, where appropriate.
The final product that will be expected of the Consultant is a document that includes a set of
architectural design standards and visual guides that can be incorporated into the Kalispell Zoning
Ordinance or a similar regulatory document. The proposed standards should complement the
existing historic architecture of Downtown Kalispell through the use of appropriate material, scale
and character. At the same time, the standards should not dictate to the point where it results in a
forced character that feels sterile. The standards should address existing structures and new
construction and should balance the need for concise and specific standards that can be clearly
understood and implemented with the need for flexibility and creative leeway. The standards will
not apply to single family residential or duplex buildings. The scope of work is anticipated take
approximately 3 to 6 months based on public meetings and any necessary revisions to the
architectural standards.
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