Resolution 4374 - Meridian Road Contract - Peccia1721
RESOLUTION NO. 4374
A RESOLUTION TO ALTER AND AMEND THE CONTRACT WITH ROBERT PECCIA AND
ASSOCIATES ON THE NORTH MERIDIAN ROAD RECONSTRUCTION PROJECT, STPU
6701(5) .
WHEREAS, the City on October 10, 1995 did enter into a
contract with Robert Peccia and Associates, Helena, MT for the
reconstruction of North Meridian Road and
WHEREAS, circumstances have arisen which make it desirable to
delete the right-of-way acquisition task from contract with Peccia
and Associates, and assigning said task to the Montana Department
of Transportation, and
WHEREAS, upon the advise and recommendation of John Wilson,
Assistant City Engineer, it appears in the best interests of the
City to approve said changes and alterations.
NOW THEREFORE, pursuant to the provisions of Section 7-5-
4308(1) MCA be it hereby resolved:
1. The alterations and modifications of the contract between
the City of Kalispell and Robert Peccia and Associates, dated
October 10, 1995, as set out in Exhibit "As' attached hereto are
hereby approved, and
2. That Amendment No. 1, Agreement, North Meridian Road -
Kalispell,' as set forth in Exhibit "B" is hereby approved, and
3. As soon as the alterations and modifications are agreed
to in writing, signed by the City Manager, as hereby approved by
the Council, this approval thereof shall be in effect.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THB CITY OF
KALISPELL THIS 20th DAY OF OCTOBER, 1997.
Dougi6s. D. Rauthe, Mayor
ATTEST:
WNa,1V0-U,(M c-
Debbie Gif o C
Clerk of Co ci
j:\wp\cling\Peccia2
1722
EXHIBIT "A"
iheCid Uivll
Incorporated 1892
Telephone (406) 758-7700
FAX (406) 758-7758
Post Office Sox 1997
Kalispell, Montana
Zip 59903-1997
October 7, 1997
Robert Peccia & Associates
P.O. Box 5653
825 Custer Avenue
Helena, MT 59604
Subject: STPU 6701 (5)
North Meridian Road - Kalispell
C.N. 2950
In accordance with Article IV, Section 6 - Changes of Work, of the original agreement
between the City of Kalispell and Robert Peccia and Associates (RPA) dated October 10,
1995, this letter will serve as Supplement Agreement No. 4.
This supplement is to discontinue the Consultant from performing any services outlined
under Article I, Section 12 - Right -of -Way Acquisition and allow the Montana
Department of Transportation (MDT) to perform such services.
The cost estimate prepared by RPA to complete the Deed Exhibits, Right -of -Way
Appraisal, and Negotiations and Acquisition for the Meridian Road project is $59,061.42
actual cost and $979.61 fixed fee. The task total is $60,041.03. For hourly and cost
breakdown please refer to items 61, 62, and 63 of the original cost proposal prepared for
this project.
This supplement will decrease the fixed fee from $21,691 to $20,711 and the maximum
ceiling from $408,219 to $348,178.
This change will take effect when, and only when, a change to the City/MDT agreement
for this project is'completed. Until then, the Consultant will suspend further work on the
items listed herein.
)�/S�
larence Krepps
City Manager
Approved _
Robert Peccia and Associates
Date
Douglas Rauthe
Mayor
Clarence W. Kreppi
City Manager
City CounCl
Members:
Gary W Nystul
Ward I
Cliff Collins
Ward I
Norbert F. Donahue
Ward II
Dale Haarr
Ward 11
Jim Atkinson
Ward III
John Graves
Ward III
Pamela B. Kennedy
Ward Iv
M. Duane Larson
Ward IV
172
EXHIBIT "B"
AMENDMENT NO. 1
AGREEMENT
NORTH MERIDIAN ROAD - KALISPELL
KALISPELL/FLATHEAD COUNTY, MONTANA
The undersigned parties, the City of Kalispell (the City), and the Montana Department of Transportation
(the Department) do hereby agree and acknowledge to amend the agreement dated April 13, 1995, as
follows:
Amend the second sentence of paragraph 4a, Project Sponsorship, to read:
"This means being responsible for development, administration, design, environmental documentation and
clearances, and the provision of other services required to complete the preconstrvction phase of the
highway project."
Rescind all of the provisions of 6, RIGHT-OF-WAY ACQUISITION, and replace with the following:
"The City will submit to the Department completed right-of-way plans for review and approval, along with
an estimate of the cost of required right-of-way for program purposes. Upon receipt of program approval
and authorization from FHWA, the Department will proceed with preparation of appraisals and acquisition
of the right-of-way.
The Department will be responsible for all right-of-way activities, to include preparation of deed exhibits,
property appraisals and reviews, right-of-way negotiations and acquisition, relocation assistance, and
condemnation actions."
Dated This day of 91997
MONTANA
CITY OF KALISPELL DEPARTMENT OF TRANSPORTATION
By: By:
City Manager Director of Transportation
f
Attest: Attest:
By: By:
Title: Title:
APPROVED FOR LEGAL CONTENT
Date
1097.sgc