2. Meridian/Appleway Intersection StudyCharles A. Harball OMce of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Tammi Fisher
and Kalispell City Council
FROM: Charles Harball, City Attorney
SUBJECT: Meridian/Appleway Intersection Study
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
MEETING DATE: January 23, 2012 — Regular Council Meeting
BACKGROUND: The Council is considering adding capital improvements to the streets
at the Meridian/Appleway Intersection to improve the level of service in that area.
Public Works staff is recommending that it would be prudent to conduct a traffic study of
that area to determine the improvements to be constructed. In this regard, Stelling
Engineering has made an offer to conduct such a study at a cost of no more than $11,000.
They have indicated that they could begin work immediately, depending upon the
weather. The funds are available within the streets budget and can possibly be
reimbursed from any debt incurred under the West Side Urban Renewal Plan.
RECOMMENDATION: That Council approve the contract offered by Stelling
Engineers.
FISCAL IMPACTS: The fiscal impacts are as set forth in the proposed contract
attached.
Respectfully submitted,
Charles Ha0a1, City Attorney
TINS AGREEMENT is made and entered into this day of January, 2012, by and
between the CITE' 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 STELLING ENGINEERS, INC. of 1372 Airport
Road, 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 described in the Scope of Services and Project Costs Estimates attached hereto
as Exhibit "A" and by this reference made a part hereof.
2. Effective ate: This Agreement is effective upon the date of its execution.
3. Scone of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services.
. Payment: City agrees to pay Consultant no more than ELEVEN THOUSAND
Dollars ($11,000.00) 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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Professional Services Agreement
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. 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 ofMaterials: 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 Fred Zavodny and
Consultant's designated liaison with City is Tom Weller.
1. 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.
By
Charles Harball, Acting City Manager
I Professional Services Agreement
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By
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ELLAMEN IINI P1#11 r-1 IF WIMUMITI Ir. 111 11 4=—N
Kalispell Office
1372 Airport Road
Kalispell, MT 5MI
406.755.8602 FAX 406.755.8710
Email: Mafl@stellkiginc.com
January If, 2012
Kalispell, MT 59901
RE: Engineering Services: Traffic Study (TS) for S Meridian Rd from US 2 to 4 th St W
Stelling Engineers, Inc. (SEI) would be pleased to provide transportation services to the
City of Kalispell to analyze traffic patterns and volumes along South Meridian Road
south of US Highway 2 in Kalispell. Our letter defines our proposed scope of services
and fee for Stelling Engineers, Inc. to complete this work.
As part of enhancing economic development within the Westside Tax Increment
Financing District, The City of Kalispell (City) has been tasked to evaluate traffic
congestion occurring along S Meridian Road between US Highway 2 and 4� Street W.
There is particular need to evaluate left turn movements from Appleway Drive to S
Meridian Dr and from S Meridian Dr to Appleway Drive as a result of extensive high
density development occurring in the area over the past 5 years. SEI will develop a
Traffic Study (TS) of the proposed street corridor for submittal to the City. This TS may
be used by the City to identify future channelization projects to ease area congestion.
SEI will develop and provide three (3) printed copies of the TS to the City for its review,
comment, and use.
The following tasks describe the approximate work effort and deliverable SEI will
complete:
hT"r 1 M G W U MIR T
January 11, 2011
Page 2
1. Project Kick-off and Coordination: Meet with City to confirm the study area
limits, formalize contracts, coordination with MDT, and coordination with
Subconsultant.
2. Coffect Traffic Data:
> Collect possible existing traffic data from City of Kalispell, Flathead County, and
MDT including traffic counts or adjacent traffic studies
> Review Kalispell Area Transportation Plan for expected traffic volumes in project
area.
Briefly meet with school staff to confirm school hours, school boundary, school
routes (pedestrian), travel conditions, bus information, and/or other concerns
> Collect traffic counts at the following locations:
S Meridian Rd just south of Albertsons
S Meridian Rd North of Appleway Dr
S Meridian Rd South of Appleway Dr
S Meridian Rd South of Center St
S Meridian Rd North of 2'd St W
® S Meridian Rd South of 2,d St W
• S Meridian Rd South of 4 th St W
Collect Four Intersection counts during AM, school PM, and daily PM peak hours
at Appleway Dr, Center St, 2 nd St W, and 4 1h St W.
> Obtain safety records for project area over three years. If should be noted, such a
request can take a month to be completed but often is faster. Meet with City
police to confirm if there appear to be numerous unreported incidents in this area.
3. Estimate Vehicle Growth: Based upon the Transportation Plan, the Kalispell Bypass
Traffic Reports (various), and observed traffic volumes, develop intersection volumes
for two conditions:
& Year 2012-current conditions.
Year 2022, 10-years in the future. It should be noted that 20-years is the typical
design horizon, but the Kalispell Bypass is reasonably expected to be fully
operational within 1 0-years. Its completion may impact traffic patterns.
4. Intersection Operations Analysis: Analyze two baseline conditions (2012 and
2022) for intersection operations using Highway Capacity Manual. This will identify
level -of -service (LOS), We ratios, vehicle delay, and also estimated the length of left -
turn queues. There will also be two channelization alternatives considered. The first
will be adding left turn lanes to Appleway Dr and S Meridan Rd. The second will be
adding these left turn lanes and shifting the entire intersection to the north side of the
Quik Stop gas station.
5. Prepare Traffic Study: Prepare a traffic study summarizing the data and analysis
described above- Submit one draft and allow for revisions and one final.
Z:\Project-Active12O12NI2-002\Traffic Proposal.doe
Mr. Fred Zavodny
January 11, 2011
Page 3
Assuming Notice -to -proceed is granted on Tuesday January 130' and current springtime
weather conditions continue to hold, traffic data can be collected January 17 th — 19'. The
TIS will be completed within three weeks of obtaining the traffic counts with every effort
being made to complete the study earlier if possible,
Task No. DescriptioT
1 Project Kick-off and Coordination
2 Collect Traffic Data
3 Estimate Vehicle Growth
4 Intersection Operations LOS Analysis
5 Prepare, Submit, & Revise TIS Report
$1
We sincerely appreciate the opportunity to submit this work scope and fee. If you have
any questions or concerns, please contact me at (406) 755-8602 x3.
Sincerely,
Stetting Engineers, Inc.
Tom Weller, P.E.
Civil Engineer
cc: K Harris, SEI
File, SEI
Z:\Project-ActiveV012\12-002\Traffic Proposal.doe