E5. Approve Agreement for Central Garage and Solid WasteFKALISPELL
TO: Jarod Nygren, City Manager
FROM: Susie Turner, P.E., Public Works Director
SUBJECT: Professional Services Recommendation and Contract Approval for Central
Garage Facility and Solid Waste Equipment Storage Facility
MEETING DATE: March 2, 2026
BACKGROUND: The City requires comprehensive professional services for a new Central
Garage Facility and a Solid Waste Equipment Storage Facility. Services may include property
procurement, programming, schematic design, survey, design development, construction
documents, bidding support, and construction administration. The selected team will provide
architectural and all required engineering disciplines, including civil, structural, mechanical,
electrical, plumbing, utility, and fire protection services.
The City issued a Request for Qualifications (RFQ) and received nine firm submittals. In
accordance with the City's procurement policy, a selection committee evaluated and ranked the
firms based on the published criteria. Following review of qualifications and references, the
committee has completed its evaluation and selected CWG Architecture, Inc as the top -ranked
firm.
REQUIRED SERVICES: The consultant will support the following phases for both facility
proj ects:
• Property Procurement: Assistance with acquisition, if required, based on final site
selection.
• Programming: Define scope, functional needs, site requirements, zoning considerations,
budget, and schedule with City staff and stakeholders.
• Schematic Design: Develop conceptual design and refine preliminary budget and
schedule.
• Design Development: Prepare design drawings, preliminary specifications, and a 35%
cost estimate; confirm schedule and budget.
• Construction Documents: Complete final drawings, specifications, 65% and 95% cost
estimates, and contract documents for public bidding.
• Bidding Phase: Assist with public bidding, contract preparation, and permitting.
• Construction Administration: Provide inspections, conduct progress meetings, review
submittals, RFIs, pay applications, and change orders, and support project closeout.
RECOMMENDATION: Staff recommend awarding the contracts to CWG Architecture, Inc.
for both the Central Garage and Solid Waste Facilities based on demonstrated qualifications,
technical expertise, project management capability, alternative delivery experience, comparable
project experience, and property procurement expertise.
[Type here] Public Works Department, 201 1st Ave E, Kalispell, MT Page 1 of 2
www.Kalispell.com
15 SAM" im
ACTION REQUESTED: Motion to select CWG Architecture, Inc. as the Professional
Consultant for the Central Garage and Solid Waste Facility projects and authorize the City
Manager to execute the professional services agreements.
FISCAL EFFECTS: Funding for the professional services expenses for these facilities will
come from the following:
1. Central Garage Fund: 930-line item - $600,000 for consultant.
2. Solid Waste Fund- $1,490,000 for construction (920 line item) and consultant (354 line
item).
ALTERNATIVES: As suggested by the City Council.
ENCLOSURE:
• Professional Service Agreement New Central Garage Shop
• Professional Service Agreement New Solid Waste Equipment Building
[Type here] Public Works Department, 201 lst Ave E, Kalispell, MT Page 2 of 2
www.Kalispell.com
PROFESSIONAL SERVICES AGREEMENT
New Central Garage Shop
THIS AGREEMENT is made and entered into this _nd day of 2026, 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 CWG Architecture, Inc., 650 Power Street, Helena, MT 59601,
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, site selection and programming, design, bidding assistance,
construction and project closeout for a new Central Garage Shop (13,500 SF) for the City of
Kalispell. 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.
The Task Orders and Anticipated Fees shown below are based on the following assumptions:
• Bidding Assistance
o At or before 35% Design, Consultant will either engage a GCCM or Consultant
will assist Owner with a Design -Bid -Build. The method of contracting is To Be
Determined (TBD).
• Central Garage Shop
0 13,500 SF Building, which will be sprinklered.
0 4 Bays — 2 or 3 working bays, 1 welding bay
o High bays, 14'x14" doors.
o Bathroom, office, oil room, parts/tool room, break room
o Two Options for Site Selection.
o Site Design anticipated fees do not include the design/upgrade of adjacent streets
or rights -of -ways at this time.
Page 1 of 5
TASK ORDER #
DESCRIPTION
ANTICIPATED FEE
CENTRAL GARAGE
SHOP
1
Project Management (thru July 2028)
$50,000
2
Site Selection & Programming
$65,000
3
Building and Site Design -65%
$298,625
4
Bidding Assistance
TBD
5
Construction Phase Services
TBD
6
Post Construction & Final Closeout
TBD
TOTAL =
$413,625
The Consultant will not begin work on any task order 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.
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.
Page 2of5
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. 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 parry 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 parry. 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 parry 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.
Page 3 of 5
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 Susie Turner at 201 First
Avenue West, Kalispell, MT 59901 and Consultant's designated liaison with City is Tony
Perpignano at 650 Power Street, Helena, MT 59601.
14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
Page 4of5
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF KALISPELL, MONTANA
By
Jared Nygren, City Manager
APPROVED AS TO FORM
By
Johnna Preble, City Attorney
CWG Architecture, Inc.
By
Anthony Perpi na o, AIA jr4sident
Page 5 of 5
PROFESSIONAL SERVICES AGREEMENT
New Solid Waste Equipment Building
THIS AGREEMENT is made and entered into this nd day of , 2026, 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 CWG Architecture, Inc., 650 Power Street, Helena, MT
59601, 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, programming, design, bidding assistance, construction and project
closeout for a new Solid Waste Equipment Building (5,000 SF) for the City of Kalispell. 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.
The Task Orders and Anticipated Fees shown below are based on the following assumptions:
Bidding Assistance
o At or before 35% Design, Consultant will either engage a GCCM or Consultant
will assist Owner with a Design -Bid -Build. The method of contracting is To Be
Determined (TBD).
Solid Waste Equipment Building
0 5,000 SF Heated for four (4) garbage trucks
0 4 Bays
o No Site Selection, the Building will be located within an existing parking lot located
at the north end of the City's Shop Complex.
o Utilities will be provided for heating, lighting, water (washdown of floors) and
wastewater (for floor drains only).
ANTICIPATED FEE
SOLID WASTE
TASK ORDER # DESCRIPTION STORAGE BUILDING
1 Project Management (thru July2028) $15,000
2 Programming $9,375
3 Building and Site Design —65% $112,000
Page 1 of 5
4 Bidding Assistance $15,000
5 Construction Phase Services $28,000
6 Post Construction & Final Closeout $7,500
TOTAL = 1 $187,500 1
The Consultant will not begin work on any task order 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.
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
Page 2of5
• 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. 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 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.
Page 3 of 5
13. Liaison: City's designated liaison with Consultant is Susie Turner at 201 First
Avenue West, Kalispell, MT 59901 and Consultant's designated liaison with City is Tony
Perpignano at 650 Power Street, Helena, MT 59601.
14. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
Page 4of5
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF KALISPELL, MONTANA
By
Jared Nygren, City Manager
APPROVED AS TO FORM
By
Johnna Preble, City Attorney
CWG Architecture, Inc.
By
Anthony Perpi an , AIA P e ident
Page 5 of 5