F3. Award Eng Prof Service Agmt for Two Mile Drainage ProKALISPELL
TO: Jarod Nygren, City Manager
FROM: Keith Haskins, P.E., Deputy Director Public Works
SUBJECT: Two Mile Drive Drainage Improvement Project Recommendation and Contract
Approval
MEETING DATE: January 5, 2026
BACKGROUND: The City is seeking a qualified professional consulting engineer to perform
analysis, design, and construction inspection services for the Kalispell Two Mile Drive Drainage
Improvement Project.
The project, funded through HUD Community Project Funding (B-24-CP-MT-1307), aims to
address deficiencies in stormwater drainage, enhance pedestrian accessibility, and improve street
infrastructure within a designated area of Kalispell. The project includes:
• Stormwater Drainage Improvements: Design and implementation of
stormwater management systems, including inlets, pipes, and other infrastructure,
to mitigate flooding and comply with City of Kalispell Standards for Design and
Construction.
• Curb and Gutter Installation: Replacement or installation of curb and gutter
systems to improve drainage, extend street design life, and enhance aesthetics.
• Sidewalk Reconstruction/Installation: Upgrading and installing sidewalks to
meet Americans with Disabilities Act (ADA) standards and Public Rights -of -Way
Accessibility Guidelines (PROWAG), ensuring accessibility and safety.
• Street Reconstruction: Full or partial reconstruction of streets, including
pavement rehabilitation, base course improvements, lighting, signage, and traffic
calming measures as needed.
Additionally, an alternate project funded through the Westside Tax Increment Fund District
(Westside TIF) will be reviewed for design and construction support. This alternate project
consists of sidewalk improvements on Hawthorn Avenue from Yellowstone Street to Three Mile
Drive
To this end, the City issued a Request for Statements of Qualifications from professional firms
and received four submissions. The Selection Committee has carefully reviewed the submissions
and corresponding references to confirm that the qualifications of the firms meet the advertised
requirements.
Public Works Department, 201 1st Ave E, Kalispell, MT
www.Kalispell.com
KALISPELL
REQUIRED SERVICES: The consultant will generally be tasked to support the following:
1. Documentation and administration of grant funding.
2. Surveying, analysis, and preparation of preliminary designs and cost estimates for
roadway, drainage, and sidewalk improvements within the project corridor.
3. Coordination and compliance with all permitting requirements and applicable
public/private agency regulations.
4. Preparation of engineering designs, drawings, specifications, and construction documents
in accordance with ADA, HUD, and City of Kalispell Standards for Design and
Construction.
5. Bid phase services, including preparation of bid documents, conducting pre -bid meetings,
reviewing bids, and providing award recommendations. Ensure all bid documents comply
with grant requirements.
6. Construction management services, including preconstruction meetings, submittal
review, change order review, inspections, testing services, preparation of pay requests,
and certification of completed work.
7. Preparation of as -built drawings and final project documentation.
8. Follow-up inspections as required, including a one-year warranty inspection.
RECOMMENDATION: Staff recommend Morrison Maierle, Inc., be awarded the contract
based on their qualifications, technical expertise, design experience, and knowledge.
ACTION REQUESTED: Motion to select Morrison Maierle, Inc. as the Professional
Consultant for the Two Mile Drive Drainage Improvement Project and allow the City Manager
to execute the professional service contract.
FISCAL EFFECTS: Funding for the professional and constriction expenses of this project will
come from the following:
1. 2 Mile Drive Improvement Project Fund 2826: Item 9973: $3,835,000 — Design &
Constriction
2. Westside Tax Increment District Fund 2188: Item 9720 Redevelopment: $97,900
(Hawthorne Ave Sidewalk Project— Survey fand Design only)
3. Storm Sewer Fund 5349— Two Mile Drainage Improvement Item 9954 - $460,000
ALTERNATIVES: As suggested by the City Council.
ENCLOSURE: MMI Professional Service Agreement
Public Works Department, 201 1st Ave E, Kalispell, MT
www.Kalispell.com
PROFESSIONAL SERVICES AGREEMENT
TWO MILE DRIVE DRAINAGE IMPROVEMENT PROJECT
THISAGREEMENT is made and entered into this day of _ 20_ , 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 MORRISON-MAIERLE, INC., 172 Timberwolf
Parkway, 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 include
project management, topographic survey, due diligence for design, engineering design,
bidding, construction administration and inspection, and post -construction services. 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: Consultant will perform the work and provide the services as described in
separate Task Orders to this Agreement, executed by bothparties. 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.
TASK ORDER #
DESCRIPTION
ANTICIPATED VALUE
1
Funding Assistance
$26,300.00
2
Design
$300,700.00
3
Bidding
$20,800.00
4
Construction Administration & Inspections
$233,200.00
5
Hawthorne Sidewalk Design & Construction
$97,900.00
TOTAL CEILING
$678,900.00
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.
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 otherpurpose. Consultant is not authorized to represent the City or otherwise bind the City
in any dealings between Consultant and any third parties.
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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
7 1, MCA. Consultant shall maintain workers' compensation coverage for all members and
employees of Consultant's business, except for those members who are exempted bylaw.
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:
o Workers' Compensation - statutory
o Employers' Liability - $1,000,000 per occurrence; $2,000,000 annualaggregate
o Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
o Automobile Liability - $1,000,000 property da mage /bodily injury; $2,000,000
annual aggregate
o 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. 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 Assienability: 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 here under, 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 upon payment
for the service rendered by the Consultant. 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 is Susie Turner at 201 First Avenue West, Kalispell, MT 59901,
and Consultant's designated liaison with City is Jeff Cicon at 172 Timberwolf Parkway, Kalispell,
MT 59901, (406) 752-2216.
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
Lm
Jarod Nygren, City Manager
APPROVED AS TO FORM
By:
Johnna Preble, City Attorney
MORRISON-MAIERLE, INC.
Ben Miller, Kalispell/Missoula Region
Operations Manager
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