E3. Agreement with RPA for Four Mile Drive PathCITY OF
KALISPELL
MEMORANDUM
TO: Doug Russell, City Manager
FROM: Keith Haskins, P.E., Deputy Director Public Works
SUBJECT: Four Mile Drive Path Recommendation and Contract Approval
MEETING DATE: May 6, 2024
BACKGROUND: The City of Kalispell was awarded a Transportation Alternatives (TA) grant
for the completion of a pathway along the north side of Four Mile Drive from the intersection of
Fox Glove Drive to Champion Way. This is a critical path connection. Currently, the path
terminates into the Four Mile Drive roadway to the west of KidSports and has no crosswalk or
direct connection to adjacent sidewalks or pathways. The proposed project will provide both.
An overview of the preliminary plan used in the grant application is shown below:
REQUIRED SERVICES: The consultant will generally be tasked to support the following:
1. Design Engineering: Complete the field survey, plans, right-of-way review,
environmental review, specifications, and reports required as part of the Local Area
Guidelines process through the Montana Department of Transportation (MDT) TA
funding program for the project.
2. Construction Engineering:.Provide construction oversight and construction engineering
for the project.
201 1st Avenue E IPhone (406)758-7720
Po Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
RECOMMENDATION: Statements of interest were solicited from MDT's approved contractor
list for consultants who could complete the required services. Three firms: WWC Engineering,
KLJ, and RPA provided statements of interest. A Request For Proposals (RFP) was provided to
these three firms. After the responses to the RFP were submitted by the firms to the City of
Kalispell, a selection committee composed of City staff (Public Works and Development
Services) was convened to score and select a firm. RPA is the highest scoring firm and is
recommended to be the consultant for the project.
ACTION REQUESTED: Motion to select Robert Peccia & Associates (RPA) as the
Professional Consultant for the design and construction of the Four Mile Drive Path and allow
the City Manager to execute the professional service contract subject to the terms of the
Professional Service Contract.
FISCAL EFFECTS: Funding for the project is a combination of the TA Grant and Local
Match. Because a portion of the improvements being provided by the project are the
responsibility of the Bloomstone Subdivision, the required Local Match for the TA grant is being
fully provided by Bloomstone. Outside of City management of the TA project by engineering
staff, there are no anticipated fiscal impacts to the City for the project.
ALTERNATIVES: As suggested by the City Council.
ENCLOSURE: Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
Four Mile Drive Path — Kalispell
UPN 1044
THIS AGREEMENT is made and entered into this day of , 2024, 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 Robert Peccia & Associates, Inc., 102 Cooperative
Way, Suite 300, Kalispell, MT 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 as described in individual Task Orders. In general, the services to be provided
included design engineering and construction engineering for the Local Agency Guidelines
process with MDT via a Transportation Alternatives Grant. The services to be provided and the
compensation for such services, shall be as mutually agreed to in separate Task Orders to this
Agreement, executed by both parties.
2. Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Work: The following Task Orders and anticipated values are shown
below. These Task Orders will be developed as part of this project, with the final scope and fee to
be determined as the scope of work for each element becomes clear.
TASKORDER #
DESCRIPTION
ANTICIPATED VALUE
1 Design Engineering
$69,275.79
2 Construction Engineering
$69,275.79
TOTAL CEILING
$138,551.58
The Engineer will not begin work on any task until there is an authorization to proceed on work
elements under this Agreement including the scope, cost, and time for completion in the form of
an executed Task Order.
4. Payment: City agrees to pay Consultant pursuant to the terms set forth in each
executed Task Order. 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.
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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.
6. Indemnity and Insurance: For the professional services contracted and 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.
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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.
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 parry 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 Keith Haskins at 201 First
Avenue West, Kalispell, MT 59901 and Consultant's designated liaison with City is Ryan
Mitchell at 102 Cooperative Way, Suite 300, Kalispell MT 59901.
14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF KALISPELL, MONTANA
By
Doug Russell, City Manager
APPROVED AS TO FORM
By
Johnna Preble, City Attorney
Robert Peccia & Associates, Inc.
By
Ryan Mitchell — PE/PLS, Vice President
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