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6. FAA Grant and Engineering Service Contract Amendment #1 - City Airport�� = - _ = City of Kalispell Post Office Box 1997 -Kalispell, Montana 59903 =r im � � � Telephone: (406) 758-7701 Fax: (406) 758-7758 ..........:::. -= __ - ..........:. .....:::: . TO: Mayor Tammi Fisher Kalispell City Council FROM: Jane Howington, City Manager Fred A. Leistiko, City Airport Manager SUBJECT: Amendment 1 to Engineering Service Contract & FAA Grant Acceptance MEETING DATE: July 19, 2010 BACKGROUND: The FAA has recommended an update of the city' s existing Airport Master Plan prepared in 1999 as a way to meet aviation demands on the airport in the most feasible financial manner. The Master Plan Update will provide a graphic and written presentation of future development and land uses. The Scope of work establishes implementation schedules, technical plan justifications, and future planning processes: and will incorporate input from the public sector, local pilots, stakeholders on and off the airport, and will address concerns of state and federal agencies. The project would include, but is not limited to: • Reviewing existing data and updating airport information. • Updating aviation forecasts. • Conducting a noise study. • Reviewing, refining, and assessing aeronautical alternatives. • Developing Capital Improvement Plans for alternatives. ■ An environmental overview. • Updating the Airport Layout Plan. • A public outreach program consisting of no less than five (5) public informational meetings. • Maintaining a new Kalispell City Airport website throughout the project. RECOMMENDATION: Council approve Amendment #1 to the Engineering Service contract with Stelling Engineers and accept the FAA Grant in the amount of $92,910.00. FISCAL IMPACTS: The FAA will fund 95% ($92,910.00) of this project and the Airport Tax Increment District will fund 5% ($4,890.00) of the project. Respectfully submitted, 0ane Howington, City Mana r f% A Fred A. Leistiko, City Ajkport Manager 0 U.S. Department of Transportation Federal Aviation administration r Date of Offer: July 12, 2010 Proj ect No: 3 -3 0-0043-003-2010 Contract No: DOT-FA1ONM-2032 DUNS No: 021996665 TO: City of Kalispell, Montana (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration., herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA. a Project Application dated .Tune 25, 2010, for a grant of Federal funds for a project at or associated with the Kalispell City Airport, Kalispell, Montana, which Project Application, as approved by the FAA, is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following: Update Airport Master Plan Study all as more particularly described in the Project Application. Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended, herein. called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, The Federal Aviation Administration, For And on Behalf of The United States, Hereby Offers And Agrees to pay, as the United States share of the allowable costs incurred in accomplishing the Project, 95.00 percent. This Offer is made on and subject to the following terms and conditions: 3411�► � I The maximum obligation of the United States payable under this Offer shall be $92,910.00. For the purposes of any future grant amendments which :may increase the foregoing maximum obligation of the United States under the provisions of Section 47I08(b) of the Act, the following amounts are being specified for this purpose: $ 92,910.00 for planning $ for airport development or noise program implementation. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the Act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. Page 1 of 5 4. The Sponsor shall carry out and complete the project without undue delay and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless this Offer has been accepted by the Sponsor on or before July 23, 201.0, or such subsequent date as may be prescribed in writing by the FAA.. 7. The Sponsor shall take all. steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which. Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. SPECIAL CONDITIONS 9. INFORMAL LETTER AMENDMENT OF AIP PROJEi CTS: It is mutually understood and agreed that if, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change. It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the grant description. is advantageous and in the best interests of the United States, the change in grant description will be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant obligation of the United States is adjusted to the amount specified or the grant description is amended to the description specified. 10. MAXIMUM OBLIGATION INCREASE FOR NON -PRIMARY AIRPORTS: In accordance with Section 47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. I of this Grant Offer: a. may not be increased for a planning project; b. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 1.5 percent or by an amount not to exceed 25 percent of the total increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. 11. A-133 AUDIT: The Sponsor shall. provide for an annual audit in accordance with Office of Management and Budget Circular A-133. The Sponsor shall provide one copy of the completed A-133 Audit to the Helena Airports District Office and three copies of the audit to: Federal Audit Clearinghouse, Bureau of the Census, 1201 1 of Street, Jeffersonville, IN 47132. Page 2 of 5 B. 'T`RA.FFICKING IN PERSONS: a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. we as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - i. Is determined to have violated a prohibition in paragraph a. I of this award term.; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a. I of this award term through conduct that is either A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization. that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR. Part 29. b. Provision applicable to a recipient other than a private entity. we as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a. I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.I of this award term through. conduct that is either--- i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governrnentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Fart 29. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a. I of this award term. 2. Our right to tern irate unilaterally that is described in paragraph a.2 or b of this section.: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a. of this award term. in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: Page 3 of 5 i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition. of Indian tribe at 2 CFR 175.25(b). B. A. for --profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION David S. Stelling, Manager Helena Airports District Office Page 4 of 5 ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in. the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this day of 01fl. (SEAL) Attest: Title: City of Kalispell,, ,Montana (Name of Sponsor) M (Sponsor's Designated Official Representative) Title: CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the Laws of the State of Montana. Further, -I have examined. the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with. the terms thereof. Dated at this day of , 2010. Signature of Sponsor's Attorney Page 5 of 5 pi�� 111111liq 1111111ii 1111illiqi; 11''111lilil I :. .: THIS AMENDMENT NO. 1, made and entered into this day of , 2010 by and between the City of Kalispell, with offices located at 201 First Avenue East, Kalispell, MT 59901, hereinafter referred to as "SPONSOR;" and Stelling Engineers, Inc., with offices located at 1372 Airport Road, Kalispell, MT 59901 and 614 Park Drive South, Great Falls, Montana, 59405, hereinafter referred to as "ENGINEER." This Task Order will consist of preparing a Master Plan Update to information presented in the City of Kalispell Final Master Plan StudylAliport Feasibility Study (August, 1999 - Morrison-Maierle, Inc.); and other subsequent planning documents referencing the 1999 Master Plan including the Amendment to the Final Master PlanlAirport Feasibility Study, City of Kalispell (December, 1999 - Morrison-Maierle, Inc.), the Kalispell City Airport Site Selection Study (September, 2001 - Robert Peccia & Associates, Inc.), and the Kalispell City ,airport Final Environmental Assessment (December, 2002 - Robert Pecci a & Associates, Inc.) ' IT ESSETH: WHEREAS, the SPONSOR intends to complete the Master Plan Update for the Kalispell City Airport, hereinafter referred to as "the PROJECT"; AND, WHEREAS, the SPONSOR is desirous of adding engineering services for providing Basic Services as described in Item 2 — Scope of Services included in the original agreement; AND WHEREAS, the SPONSOR and the ENGINEER agree that all terms, conditions, and assurances included in the original agreement apply to this Amendment unless explicitly revised herein; Page 1 of 22 Z:IProject-Active\Airports10043 - Kalispell City1003-2010tAgreements\Amendments\No. 110043 Kalispell City Amend #1-Master Plan.doc OW, THEREFORE, in consideration of these premises and the mutual covenants herein contained and the financial consideration for the services rendered under this Amendment as detailed under Article III - Payment for Engineering Services, the parties hereto agree as follows: Page 2 of 22 Z:\Project-Active\Airports1O043 - Kai ispelI City1OQ3-2013lAgreements\Amendments\No. 110043 Kai ispel[ City Amend #1-Master Plan.doc 1 E0 MASTER PLAN UPDATE. The ENGINEER will prepare a Master Plan Update to review and amend planning information prepared for the original Airport Master Plan completed in 1999. The Kalispell City Airport Master Plan Update is intended to provide for future airport development which will meet aviation demands in a feasible financial manner. The ENGINEER will prepare an Airport Master Plan Update in accordance with FAA Circular No. 1 5015070-0E3 (dated July 29, 2005) "Airport Master Plans.' Planning requirements will primarily be guided by FAA circulars 150/5300-13 "Airport Design" (as amended) and 1 5015325-4B "Runway Length"; and supplemented by all other applicable AC's. The purpose of the Master Plan is to determine the type of airport facilities that are appropriate for Kalispell City Airport based on current and forecast aircraft activity and how the present airport can be modified to provide the required service and meet FAA standards. The Master Plan Update will provide a graphic and written presentation of future development and land uses. It will also establish implementation schedules, technical plan justifications, and future planning processes; and it will incorporate input from the public sector, local pilots, and address concerns of state and federal agencies. The planning will be performed by the ENGINEER under the direction of the SPONSOR. The ENGINEER will provide technical assistance and advice to the SPONSOR, and the SPONSOR will make decisions and provide direction to the ENGINEER. During the development of the Master Plan Update, working drawings and data will be prepared by the ENGINEER and submitted to the SPONSOR and FAA for review. The proposed scope of work for the Master Plan Update is as follows: 1 1 Prepare Agreement. The ENGINEER will establish a preliminary scope of work for the Master Plan Update and submit a draft to the SPONSOR and FAA for review and comment. The ENGINEER will revise the draft work scope following comments from the FAA Helena ADO and the SPONSOR and submit a final scope of work for FAA concurrence. Following FAA concurrence, the ENGINEER will prepare the fee estimate and document fee negotiations with the SPONSOR. An Independent Fee Estimate will be conducted if the negotiated fees exceed $100,000. Over the course of project scoping, the ENGINEER will attend three (3) scoping meetings with the SPONSOR including one (1) meeting with the FAA to scope out the planning requirements for the Master Plan Update. The Principal and Project Manager will attend all three (3) scoping meetings. The ENGINEER has budgeted three 3 tri s for Principal, located in our Great Falls office, -to attend the scopincl meetings. Page 3 of 22 Z:1Project-Active\Airports10043 - Kai ispelI City1003-201 O\Ag re ern ents\Am e nd rn ents\No. 1 \0043 Kai ispell City Amend #1-Master Plan.doc 1.2 Prepare FAA Pre -Application and Grant Application. Prepare and submit pre --application and project schedule to the FAA for Federal Assistance. Prepare planning grant application following FAA concurrence of scope of work and fees. Grant application will include summary of project costs and narrative; submit applications to the FAA for review and approval. Coordinate signatures on grant applications and grant offers. 1.3 Prepare work Plan. The ENGINEER will prepare a detailed work plan that identifies communication protocols, Master Plan Update schedule, key project deliverables, invoicing/payment requirements, and the Public Involvement Process. The work plan will serve as the project tracking tool throughout the Project. 1.4 Review Existing Files and Collect Historical Airport Information. Conduct a review of files and drawings on file with the SPONSOR and at the Helena Airports District office of the FAA. This review would include previous grant documents, planning documents, environmental documents, land files, correspondence, and drawings. One 1 trip to the FAA Helena ADO will be conducted to review and copy historical project files from the FAA's archives. 1.5 Pilot Survey. The ENGINEER will prepare and mail a questionnaire to all aircraft owners with based aircraft at the Kalispell City Airport and to owners of aircraft registered in Flathead County. The pilots survey will extend to registered aircraft owners in Lake County, Sanders County, and Lincoln County who may use the facility on a transient basis. The. questionnaire will survey pilots on their use of the City airport including estimated annual operations, type(s) of aircraft flown in and out of the City airport, projected operations if the airport was improved, hangar or ramp use, adequacy of navigational aids, adequacy of runway, and adequacy of apron capacity. The ENGINEER will prepare and mail out a printed survey questionnaire to all registered pilots as well as develop and maintain a web -based survey site. In conjunction with the Pilot's Survey, the SPONSOR intends to conduct a random survey of Kalispell residents and businesses to determine city- wide support (or lack of) for the airport. Data from the pilots survey and City surveys will be compiled and quantified for interpretation and development of conclusions. 1.6 review Existing Data and Update Airport Inventory. All existing available plans, drawings, specifications, etc., will be reviewed. Current airport facilities will be reviewed to establish changed conditions at the Airport. All historical records on the airport will be assembled. The ALP AutoCAD files prepared by Robert Peccia & Associates, Inc. will be converted into the ENGINEER's standard format. The ALP will be revised Page 4 of 22 Z:1Project-Active\Airports1D043 - Kalispell City13g3-20101Agreements\Amend ments\No. 1 \0 043 Kalispell City Amend #1-Master Plan.doc to show any changed conditions to Airport pavements, runway protection zones, navigational aids, electrical, land ownership, easements, and airspace data. 1.7 Update ► viation Forecasts. Twenty-year aviation forecasts presented in the current Terminal Area Forecast (TAF) and the Montana State Aviation System Plan (MSASP) will be updated to reflect current based aircraft and operations. This work effort will provide updated information on the type and frequency of aircraft using the airport. Data on the frequency of aircraft using the airport will be collected using radar sensing traffic counters which will be installed near the ends of the existing runway ends. Data will be collected for a period of one (1) year to establish representative data on the frequency of aircraft operations at the Kalispell City Airport. Traffic counters will record the movement of aircraft near the ends of the runway. The resulting data will be used for updating the estimated forecasts in the TAF and 1MSASP. The update will also include review of historical data such as airport master records, National Plan of Integrated Airports System (NPIAS) data, population trends, and any other available forecasting information. In addition, potential new business and industrial opportunities which might utilize the airport following development of the proposed improvements will be evaluated to ascertain impacts to the forecast aviation demand and design aircraft. The fleet of aircraft, forecasts and other appropriate data will be used to evaluate the potential for larger aircraft usage at the airport, including the potential for aircraft with more than ten (10) seats. Updated forecasts will present total operations including a separate breakout of itinerant and local operations, based aircraft and the mix of based aircraft, and operations by aircraft type. The forecasts will be used to determine whether or not the proposed development established in the original Master Plan is consistent with the forecast aviation operations for the planning period. The ENGINEER will provide the FAA the updated forecasts for review and approval or revision. This task will re uire the assistance of the Airport Manager to inventory all currently based aircraft at the Air ort and obtain "N" numbers for each aircraft. The ENGINEER will develop a detailed list of information readily available for each aircraft including make and model in order to classify the ARC Code of each based aircraft. 1.8 conduct Airport Noise studies. The ENGINEER will perform a noise study and prepare applicable Noise Exposure [Maps (N E lMs) to establish a reasonable estimate of noise generated at the airport. Updated NEMs will be prepared for existing airport operations and the proposed future development with and without an increase in jet aircraft operations. NEMs will be prepared using the Integrated Noise Model (INM) each condition. Kalispell City Airport does not meet the operations threshold required for a complete FAR Part 150 Study. The purpose of the noise studies under Page 5 of 22 Z:IProject-Active\Airports10043 - Kalispell Cityl003-201O\Agreements\Amendments\No. I\0043 Kalispell City Amend #1-Master Plan.doc this task is to provide updated information on noise generated at the airport for city Staff and the general public. 1.9 Review Airport Planning Criteria. The ENGINEER will review and revise, if necessary, the critical aircraft by approach category and wingspan (Airport Reference Code -ARC) to confirm the airport design requirements used to establish the proposed improvements on the current, approved Airport Layout Plan (ALP). The critical aircraft will be used to determine whether or not the proposed development in the ALP is consistent with the forecast aviation operations for the planning period. In conjunction with the forecasting task, runway length will be verified for the fleet of aircraft using the airport. The ENGINEER will consult with the SPONSOR and FAA if the results of the aviation forecasts or the identification of the critical aircraft warrant a change to the recommended development at the airport. 1.10 Review, Refine and Assess Aeronautical Alternatives. The ENGINEER will review the original alternatives presented in the 1999 Master Plan (and Amendment), the 2001 Site Selection Study, and the 2002 Environmental Assessment and identify, if necessary, additional aeronautical alternatives for consideration in the Master Plan Update. The 1999 Master Plan included five (5) alternatives in the "Site Analysis" section of the document including "Existing Alignment, B-11 Alternative", "5� Re --Alignment, B-11 Alternative", "$1 Million Alternative", "Generic Off -Site Alternative", and "No -Development Alternative". Each of these original alternatives will be reviewed to determine if they are still viable options. Further analysis may be warranted for presently viable options. Based on a preliminary assessment of the Kalispell City Airport, the following alternatives are anticipated: ® Re -align existing airfield and upgrade to B-11 standards with angle of rotation to be determined; ® lrr rove existing airfield to under current B-I standards not eligible for Federal f undingl 9 New, off -site airfield relocation; Closure of city Airport and Relocation of Tenants to Glacier Park International Airport; No development or do nothing. Alternative #1 - "Existing alignment, B--11" alternative from the original Master Plan is not likely viable any longer. New development along Us Highway 93 over the past 10 years will require some shifting or rotation of the airfield to achieve B-11 standards. Page 6of22 Z:1Project-Active\Airports10043 - Kalispell Cityi003-20101Agreements\Amendments\No. 110043 Kalispell City Amend #1-Master Plan.doc The original sites evaluated in the Site Selection Study (Robert Peccia and Associates — 2001) will be reviewed to determine if they are still viable. If the original sites are no longer suitable for development of a new airfield, an evaluation will be made for suitable replacement sites. An evaluation of alternate airport sites will be performed to determine the feasibility o relocating the Kalispell City Airport to an alternate site. The findings and conclusions in the 2002 Site Selection Study will be updated and included in the Master Plan Update. Under this task, the ENGINEER will develop and present viable runway configurations to the SPONSOR in order to solicit ideas and obtain a consensus on the preferred development alternative. Runway and taxiway configuration alternatives will be based on the following items. a Environmental Consequences Airspace Assessment and obstructions e Topographic Considerations of Existing Airport Site Including Recent Development along US Highway 93 e operational Capabilities 0 Expandability 0 IFR Potential (LPV Approach) i Development Costs and/or Costs Related to Airport Closure e Ground Access e Compatible Land Use 9 operations and Maintenance Considerations i Public Acceptance Wind Coverage (Based on Available wind Data) In addition to the development of aviation alternatives, facilities alternatives will be prepared and evaluated. Facilities alternatives will include further planning for potential FBos, private hangar development, fueling facilities, and the necessary taxilanes/aprons and vehicle access roads needed to support the airport. 1.11 land ownership. Update existing land ownership showing land under the jurisdiction of the Airport that can be used for airport activities and ownership of land identified for alternate uses. Identify ownership of adjacent properties and establish land acquisition requirements for each of the alternatives developed under Task 1.14. ENGINEER mill: * Collect information on airport property from the ADO, SPONSOR, and the Flathead County Courthouse; * Review existing information on land ownership to establish land available for airport facilities. * Prepare exhibits that identify land acquisition requirements for each alternative. Page 7 of 22 Z:Troject-Active\Airports1O043 - Kalispell City\O03-201 O\Ag reem e nts\Am e nd m e nts\No. 1 \0043 Kalispell City Amend #1-Master Plan.doc 1.12 Preliminary Cost Estimates. Prepare preliminary cost estimates and justification for all alternatives to enable evaluation and comparison of the options by the FAA and the SPONSOR. Following review of the preliminary alternatives, justification of alternatives, and selection of a preferred alternative, additional refinement of the cost estimates will be made as necessary. The cost estimates will be of sufficient detail for the SPONSOR to plan financing for future improvement projects. Cost estimates will be prepared separately for each year of development and be presented in a capital improvement program (CIP) format approved by the FAA. It is anticipated, based on prior plannin studies and recent City Council worksho s that there may be two Q feasible alternatives that re uire more detailed analysis on costs. The preparation of a separate Capital Improvement Plan for each of the feasible alternatives will provide the SPONSOR with additional information that may be needed to make final gPt=rfinn 1.13 Capital Improvement Plan. Prepare Capital Improvement Plans (CIPs) for the two 2 highest ranked alternatives. CI Ps will include a breakdown of improvement costs for short-range (0-5 years), medium -range (6-10 years), and long-range (11-20 years) development. Each CI P will: • Establish potential development or equipment projects for each year and estimate costs of proposed improvements by individual improvement type. • Assess federal and state sources of revenue. • Evaluate local and Airport revenue sources. • Establish a detailed Financial Plan that depicts a realistic funding strategy for the recommended improvements. The Financial Plan will identify annual airport revenues and expenses, sources of local funding, and realistic estimate of Federal and State funding that would be used to complete the recommended improvements. • Establish the costs of required maintenance. • Determine financial feasibility of improving airport, establish priorities, and schedule improvements based on financial resources. 1.14 Environmental overview. Conduct an environmental overview of the recommended development alternative. Letters sharing the conceptual plan will be mailed to the different agencies to seek out potential issues. The overview will address environmental issues resulting from agency comments and public input from the public meetings held during the draft master planning process and at the conclusion of the Master Planning process. 1.15 Draft Master Plan Update Report. Prepare draft Master Plan Update for SPONSOR, community, and FAA review. Page 8 of 22 Z:\Project-Active\Airports1O043 - Kalispell City1003-201 O\Ag ree m e nts\Am e ndm e nts\N o. 110043 Kalispell City Amend #1-Master Plan.doc 1.16 Final Master Plan Update Report. Prepare final Master Plan Update Report which incorporates and addresses comments from the draft Master Plan process. Publish final report incorporating comments from the final Master Plan Update public hearing. 2.0 AIRPORT LAYOUT PLAN UPDATE. The existing Kalispell City Airport Layout Plan (ALP) will be updated concurrently with the generation of the Master Plan Update. The ALP drawing set will be prepared in accordance with FAA standards contained in AC 150/5300-13 (as amended) and the most current FAA ALP checklist. The ENGINEER will provide reproducible drawings and computer files (AutoCAD versions) at the conclusion of the study to the SPONSOR. At the completion of the draft master Plan Update, a draft ALP drawing set will be prepared for review by the SPONSOR and the FAA. The draft ALP drawing set will be accompanied by a completed FAA ALP checklist and craft Master Plan Update Report. Following final review of the documents by the SPONSOR and FAA, the ENGINEER will make final revisions to the ALP and master Plan Update Report. The ENGINEER will be responsible for delivery of the final products to the FAA. The ALP drawing set shall consist of the following drawings: 2.1 Airport Layout Plan. The Airport Layout drawing will be updated in accordance with the above -cited references. It will be prepared on a 24" x 36" sheet, as will all drawings, with a scale determined by airport size, using as large as scale as possible, but within the range of 1 if = 200' to 1 " 600'. within the required data will be information describing the existing conditions, future and ultimate airport configuration, basic airport needs, need for land acquisition and wind rose data based on available information. All existing and proposed modifications to FAA design standards will be identified on the drawing with a time frame for mitigation. The Airport Data and Runway Data tables and other data will be prepared according the AC 150/5300-13 (including latest changes) and the latest ALP checklist. The ALP drawing will require ties to NAVD 88 and NAD 83 datums and ties to two section corners in close proximity to the airport. One (1) trip is planned for a registered land surveyor to complete the survey requirements. In conjunction with the preparation of the ALP, a new aerial photograph will be completed for use in preparing an updated base map of the Airport. A single flight is planned to complete the low flight -level photography. The aerial photograph will encompass the airport property, proposed development areas and developed areas adjacent to the airport, extending to the KG EZ radio towers. 2.2 Terminal Area Layout Plan. The Terminal Area Plan will be revised to show existing development since the last ALP was approved and Page 9 of 22 Z:\Project-ActiveWrports10043 - Kalispell Cityl003-20101Agreements\Amendments\No. 110043 Kalispell City Amend #1-Master Plan.doc preferred future development. The drawing will show current and future apron areas as well as current and future hangar development areas. The scale will be determined by the overall size of the area, using as large as scale as possible, but within the range of 1 if = 50' to 1 " = 200`. The Terminal Area Plan will include a table identifying all existing and proposed facilities/buildings on Airport property with heights, elevations, and penetrations (if any) into Part 77 surfaces. 2.3 Airport Airspace Plan. An Airport Airspace drawing will be prepared which depicts imaginary surfaces as defined in FAR Part 77. The Part 77 surfaces will be superimposed on a USGS 7.5 minute quadrangle map. Objects or terrain which penetrates any of the surfaces will be identified. 2.4 Airport Approach surface Plan. An Airport Approach Surface drawing will be prepared which depicts the existing and future approach procedure(s) with applicable surfaces as defined in FAR Part 77. The procedures and Part 77 surfaces will be superimposed on a USGS 7.5 minute quadrangle map. Objects or terrain which penetrates any of the surfaces will be identified. An obstruction identification table will be included on the plan and identify any obstruction mitigation. 2.5 Airport departure surface Plan. An Airport Departure Surface drawing will be prepared which depicts existing and future departure procedure(s) with applicable 40:1 surfaces as defined in TERPS. The procedures and Part 77/TE RPS surfaces will be superimposed on a USGS 7.5 minute quadrangle map. Objects or terrain which penetrates any of the surfaces will be identified. An obstruction identification table will be included on the plan and identify any obstruction mitigation. 2.6 Inner Portion of Approach Surface Drawing. An Inner Portion of the Approach Surface drawing will be prepared showing plan and profile views of the inner portions of approaches, usually limited to RPz areas. Plan views of each RPz will be superimposed over aerial photographs of each area. An obstruction identification table will be Included on the plan and identify any obstruction mitigation. 2.7 Exhibit "A", Property Map. An Airport property map (colored) will be prepared showing current ownership and future land requirements. 3.0 PUBLIC OUTREACH PROGRAM. The ENGINEER will administer a Public Outreach Program to effectively communicate information on the planning process to the general public, affected land owners, critical stakeholders, and agencies in an understandable and friendly format. Specific elements of the Public Outreach Program include the following: 3.1 Public outreach Plan. The ENGINEER will develop and administer a detailed Public Outreach Plan that identifies key stakeholders, Page 10 of 22 Z:1Project-AGtive\Airportst3043 - Kalispell City1OQ3-20131Agreements\Amendments\No. 110043 Kalispell City Amend #1-Master Plan.doc communication protocols, reporting forms, information sources, public meeting schedule, discussion documentation procedures, and project record requirements. Specific elements of the Public outreach Plan include the following: • Development of "consistent" message to be used by ENC IN E ER's Planning Team and SPONSOR throughout the planning process. • Inform the public and SPONSOR of Federal grant assurance requirements; educate on the SPONSOR (and public) on the obligations associated the grant assurances; and identify existing or potential circumstances which may violate grant assurances. • Preparation of a written Public Outreach Plan. • Development and implementation of the Kalispell City Airport web site. Provide quarterly updates to web site to present recent findings and current planning alternatives. • Preparation of quarterly newsletter and distribution to project stakeholders, landowners adjacent to the airport, • Attend, participate, and provide support at informational meetings and presentations, defined as follows: 3.2 Public Informational Meetings. The ENGINEER coordinate, attend, and prepare record documentation for five Public Informational Meetin s throughout the course of the Master Plan update. The ENGINEER will Develop, coordinate, supply, and distribute collateral materials (e.g., exhibits, meeting agendas, meeting minutes), as required. The ENGINEER has budgeted for one keystaff member in our Great Falls office to attend these meetin s. The manhour budgets include travel time for 3 of the 5 trips. The ENC I N E EER will provide a fleeting Facilitator to serve as the agent for the SPONSOR and ENGINEER in conducting public informational meetings. The role of the facilitator will be to convey a neutral or third - party leadership at public informational meetings. The facilitator will coordinate with the ENGINEER and SPONSOR to understand meeting participants, their concerns and comments, and actively listen to public discussion during the course of the meetings. The facilitator will also effectively maintain order and structure throughout the meetings and identify the ground rules for public comment at the start of the meeting. The following meetings are specifically planned for this effort: Conduct one (1) introductory, kickoff meeting at the beginning of the project to explain the planning effort to the public and present a preliminary schedule for public involvement during the process. Conduct two (2) progress meetings during the planning process. The first meeting will be intended to present key facility Page 11 of 22 Z:\Project-Active\Airportst0043 - Kalispell City1003-20101Agreements\Arnendments\No. 1\0043 Kalispell City Amend #1-Master Plan.doc requirements and planning data; the second meeting will be intended to present alternatives. An open house will be scheduled prior to each of these meetings to allow individual members of the public an opportunity to discuss the project with the ENGINEER. Conduct one (1) public review meeting for the draft Master Plan Update document. An open house will be scheduled prior to this meeting to alloy individual members of the public an opportunity to discuss the project with the ENGINEER. Conduct final Master Plan Update Public bearing. Prepare formal transcript of Public Meeting discussion. 3.3 Identify and coordinate with Key Project Stakeholders. The ENGINEER and SPONSOR will develop a list of key project stakeholders with a direct interest in the Project. stakeholders may include City, County, and state agencies, business owners, airport tenants, and nearby residents. The ENGINEER and SPONSOR will develop a communications plan to contact and meet with stakeholders to discuss proposed development at the Airport. The ultimate goal of this task will be to team with key stakeholders early in the planning process and allow a more active participation in the planning at the airport. Five (5) meetings will be held in Ka lis ell with the stakeholders in conjunction with the scheduled Qublic informational meetin s. The ENGII IEER has budgeted for one ke staff member in our Great Falls office to attend these rneetiIt is the intent of the ENGINEER to schedule stakeholder meetings in conjunction with other public informational meetings described under Task 3.2. The attached rnanhour estimate does not include any travel time to attend stakeholder meetings; partial travel time for personnel from the Great Falls office is included under Task 3.2. 3.4 Preliminary Meetings with Affected Landowners. The ENGINEER and SPONSOR will develop a communications plan to contact and meet with adjacent property owners to discuss potential development and improvements at the Airport. Affected landowners are those property owners whose land may be required to proceed with potential development at the Airport. The ENGINEER will meet with approximately eight (8) affected landowners on at least two (2) separate occasions to disclose information and progress on the planning process. It is the intent of the ENGINEER to schedule landowner meetings in conjunction with other public informational meetings described under Task 3.2. The ENGINEER will fully document the discussions from all meetings for inclusion in the project record and potential record of negotiations. 3.5 support and coordination for city Sponsored Meetings. The ENGINEER will provide technical expertise to City staff as necessary during the planning process to support the City's public outreach. Through the course of the planning process, City staff will be updating City Council Page 12 of 22 Z:1Project-Active\Airports14043 - Kalispell City1003-201 OOAgreements\AmendmentsNo. 1 \0043 Kalispell City Amend #1-Master Plan.doc and the public on planning progress, meeting with key stakeholders and landowners, responding to public comment submitted directly to the City, and surveying businesses and business organizations in the community regarding the City airport. The ENGINEER will provide assistance to City staff as requested by attend meetings and Council sessions; preparing presentation materials, assisting City staff with interpretation of FAA requirements and generally serving in an advisory role on aviation related issues. 3.6 Design and Maintain a Kalispell City Airport Website. The ENGINEER will assist the City of Kalispell with the design and maintenance of a Kalispell City Airport website in an effort to provide a transparent planning process and keep the public informed about the status of the planning effort. The purpose of the website will be to provide the public information about the planning process for the airport, a project schedule including information on public informational meetings, and current planning documents as they become available. The website will be developed and maintained by the Flathead County IT Department, a subconsultant to the ENGINEER, and will be directly linked to the City of Kalispell's homepage. The KCA website will be maintained for the duration of the Master Plan Update planning phase with the option of continuing through a future Environmental Assessment Update phase. The website will be updated a minimum of every three (3) months. 4.0 FROJECT CLOSEOUT REPORT. All costs associated with the Master Plan Update and the ALP Update will be combined into a single project closeout report. The ENGINEER will assemble all forms, certificates and drawings that require submittal in accordance with FAA Policy Guidance Letter #94-03. The ENGINEER will prepare the closeout documents for SPONSOR approval and then submit to the FAA for approval. 4.1 Closeout Checklist. Fill out and review FAA ADO furnished checklist to insure all required submittal items are included in the Final Closeout Report 4.2 Cancelled Warrants. Assemble all warrant information. 4.3 Financial 34Way Check. Prepare the Final Payment Summary Worksheet, Summary of Project Costs, and Summary of Cancelled Warrants. Prepare the final Request for Reimbursement needed to closeout all payments. 4.4 Overall Closeout Report. Prepare the final (overall) Closeout Report. 5.0 SERVICES NOT INCLUDED. The scope of work described in Sections 1.0 through 4.0 were developed upon the ENGINEER's understanding of the work Page 13 of 22 Z:\P roj ect-Active\A i rports\O 043 - Kalispell City1003-201 O\Ag re em ents\Am e n dm e nts\No . 1 \0043 Kalispell City Amend #1 - M aste r Plan.doc required to complete the Master Plan Update at the onset of the Project. In the development of this scope of work, there has been one scoping meeting with City of Kalispell staff and review of the scope of work by the FAA. As with most planning studies, there is the possibility that the investigative nature of the planning effort will lead to a need to explore other or evaluate issues that are not a part of the ENGINEER's original scope of work. With this understanding, the SPONSOR and ENGINEER agree that any additional work not described in Section 1.0 would be considered "Additional Services" and would be performed by the ENGINEER in accordance with the provisions established in Article V --- Additional Services in the Master Agreement. At the preparation of this Amendments the following services may be required for this project but are not included in the scope of work and are not part of the engineering fees. Tasks which are not included under this scope of work are described as follows: • wind Coverage Study • Environmental Field studies (Biotic, Wetlands, Wildlife, cultural, etc.) • Additional stakeholders Meetings • Additional Public Meetings 6.0 PREPARATION AND DISTRIBUTION OF DOCUMENTS. Printing and distribution of the Master Plan Update and ALP Update will be as follows: - _ - =___ __- �vnor -__=_ =__ F4A _=_ _=_ _=_ _ ... ..... T dal Draft Master Plan Update 9 2 11 Draft ALP Update 2 5 7 Final Master Plan Update 9 2 11 Final ALP Update* 6* * The draft ALP will be sent out for an Airspace action. After approval, the approved ALP will be signed by the SPONSOR and FAA and distributed to the SPONOSOR, ENGINEER, MDT Aeronautics Division, FAA -- Helena ADO, and FAA Flight Procedures. 7.0 TIME OF PERFORMANCE. It is anticipated that those services listed above are to be completed during the time period from June 1, 2010 to April 20, 2012. Develop Workscope, Fee, and complete contract Ne otiations 6/21 /10 -Prepare Work Plan and Public Outreach Program 7/30/10 Public Kickoff Meeting 8/17/10 -Complete Pilots Survey and City Surveys 10/29/10 Update Aviation Forecasts and Critical Aircraft Determination 12/17/10 second Public Informational Meeting 1 /13111 Develop Alternatives 3/25/11 Page 14 of 22 Z:IProject-ActivelAirports10043 - Kalispell city1003-20101Agreements\Amend ments\No. 110043 Kalispell City Amend #1-Master Plan.doc Page 15 of 22 Z.1Project-Active\Airports10043 - Kalispell City1003-20101AgreementslAmendments\No. 110043 Kalispell City Amend #1-Master Plan.doc The Original CONTRACT AGREEMENT Provisions for Article 1 - Basis of Compensation are retained in their entirety. Page 16 of 22 Z:1Prvject-Active\Airports\O043 - Kalispell Cityt003-201 O\Agreements\AmendmentslNn. 1 \0043 Kalispell City Amend #1-faster Plan.doc Based on the scope of the project described in ARTICLE I, the SPONSOR shall pay the ENGINEER as per the following: 1.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 1.0 a lump sum fee of Forty -Five Thousand [dollars and no1x 45000.0 as shown in Appendix A, attached hereto. 1.2 Progress payment shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty (30) days of the ENGINEER's invoice. The ENGINEER relies on payments from the SPONSOR when due to meet ENGINEER's payroll and other costs of doing business. If payment of the amounts due or any portion thereof is not made as prescribed above, interest on the unpaid balance thereof will accrue at a rate of (1%) per month and become due and payable at the time said overdue payments are made. 2.0 AIRPORT LAYOUT PLAN UPDATE 2.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 2.0 a lump sum fee of Twelve Thousand Pyre Hundred Dollars and nolxx (11-2,500.0 as shown in Appendix A, attached hereto. 2.2 Progress payment shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty (30) days of the ENGINEER's invoice. The ENGINEER relies on payments from the SPONSOR when due to meet ENGINEER's payroll and other costs of doing business. If payment of the amounts due or any portion thereof is not made as prescribed above, interest on the unpaid balance thereof will accrue at a rate of (1%) per month and become due and payable at the time said overdue payments are made. 3.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 3.0 a lump sure fee of Thlrt -Seven Thousand Dollars and no/xx ?' 000.00) as shorn in Appendix A, attached hereto. 3.2 Progress payment shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty (30) days of the ENGINEER's invoice. The ENGINEER relies on payments from the SPONSOR when due to meet ENGINEER's payroll and other costs of doing business. If payment of the amounts due or any portion thereof is not made as prescribed above, interest on the unpaid Page 17 of 22 ZAProject-Active\Airports10043 - Kalispell City1003-2010lAgreementslAmend ments\No. 1 \0 043 Kalispell City Amend #1-Master Plan.doc balance thereof will accrue at a rate of (1 %) per month and become due and payable at the time said overdue payments are made. is ! 4.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 4.0 a lump sum fee of Three Thousand Three Hundred Dollars and no/x ($3,300.00) as shown in Appendix A, attached hereto. 4.2 Progress payment shall be made in proportion to services rendered and as indicated within this Agreement and shall be due and owing within thirty (30) days of the ENGINEFP's invoice. The ENGINEER relies on payments from the SPONSOR when due to meet ENG I N EER's payroll and other costs of doing business. If payment of the amounts due or any portion thereof is not made as prescribed above, interest on the unpaid balance thereof will accrue at a rate of (1%) per month and become due and payable at the time said overdue payments are made. 5.1 The SPONSOR will not pay percentage mark-up charges for reimbursable expenses except for work performed by pre -approved sub -consultants. The percentage mark-up for services performed by pre -approved sub - consultants shall not exceed 5%. 5.2 The SPONSOR shall not be billed for express delivery, telephone charges, or items. Such expenses shall be deemed FNG I N EER's Fee Estimates in Appendix A Page 18 of 22 fax charges, regular postage, other normal office overhead overhead and included in the Z:1Project-ActiveWrports\O043 - Kalispell Cityl003-201 ❑IAgreementslAmendments\No. 1\0043 Kalispell city Amend #1-blaster Plan.doc !rr The Original CONTRACT AGREEMENT Provisions for Article IV - Obligation of the SPONSOR are retained in their entirety. Page 19 of 22 Z:!Project-ActiveWrports\0043 - Kai ispeII Gity1Q03-201 ❑IAgreementslAmend ments\No. 1 \0043 Kai ispeii City Amend #1-Master Pian.doc The original CONTRACT AGREEMENT Provisions for Article V - Additional Services are retained in their entirety. Page 20 of 22 Z:\Projed-ActivelAirports10043 - Kalispell City1003-20101Agreements\Amend ments\No. 1\0043 Kalispell City Amend #1-Master Plan.doc The Original CONTRACT AGREEMENT Provisions for Article VI - General Provisions are retained in heir entirety. Page 21 of 22 Z:\Project-Active\Airports\0043 - Kalispell City\003-201O\Agreements\Amendments\No. 1 \0 043 Kai ispell City Amend # 1-Master Plan.doc AMENDMENT DESCRIPTION. This Amendment No. 1 (consisting of pages 1 to 22 inclusive) and Appendix A, Appendix B, Appendix C, and Appendix D constitute the entire Agreement between the SPONSOR and the ENGINEER and amends prior written understandings and supersedes all oral understandings. This Amendment No. 1 may only be amended, supplemented, modified, or canceled by a duly executed written amendment or notification. Appendix A — Consultant Fee Proposal Appendix D — Certifications and Assurances Exhibit A: Certificate of the Engineer Exhibit B: Certification of the City of Kalispell Exhibit C: Title VI Assurances and DBE Assurances Exhibit D: Foreign Trade Restrictions and Debarment and Suspension Provisions Exhibit E: Airport And Airway Improvement Act Of 1932, section 520 - General Civil nights Provisions Exhibit F: Civil Rights Act Of 1904, Title vi Engineer - Contractual Requirements Exhibit G: Disadvantaged Business Enterprises Exhibit Fl: Lobbying And Influencing Federal Employees Exhibit I: Rights To Inventions Appendix C — Proof of Errors and Omissions Insurance Appendix D — Proof of Workers' Compensation Insurance WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this day of Jane Howington, City Manager City of Kalispell 201 1 st Avenue East Kalispell, MT 59915 Fred Leistiko, Airport Manager Jeff Walla, P.E. Stelling Engineering, Inc. 1372 Airport Road Kalispell, MT 59901 Page 22 of 22 Z:\Project-Active\Airportsi0443 - KaiispelI City\003-201O\Agreements\Arn endments\No. 1\0043 Kai ispeII City Amend #1-Master Plan.doc Page 23 of 22 Z:\Praject-Active\Airports10043 - Kalispell City1003-201 O\Agreements\Amendments\Na. 1 W043 Kalispell City Amend #I -Master Plan.dac r p � 1� ir lj� I ;Jji All EXHIBIT "C" - TITLE VI ASSURANCES AND DB ASSURANCES I 2k 1011 col 31919 #F EXHIBIT "E" - AIRPORT AND AIRWAY IMPROVEMENT ACT PROVISIONS ENGINEER CONTRACTUAL REQUIREMENTS E i; LOBBT'Ifl.G We hereby certify that we are a corporation and duly authorized representatives of the firm of STELLING ENGINEERS, INC., whose address is 614 Park Drive South, Great Falls, Montana, 59405, and that neither we nor the above firm we represent has: Employed or retained for a commission, percentage, brokerage, contingency fee, or other consideration, any firm or person (other than a bona fide employee working solely for us of the above ENGINEER) to solicit or secure this Agreement; 2. Agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the agreement; or, 5 5 3. Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for us or the above ENGINEER) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement, with no exceptions. We acknowledge this certificate is to be furnished to the SPONSOR and the Federal Aviation Administration in connection with this Agreement involving participation of Federal Aid Funds and is subject to applicable state and federal laws, both criminal and civil. DATE this day of 2009. STELLING ENGINEERS, INC. :10M Engineer I certify that the previously mentioned engineering firm or its representatives have not been required, directly or indirectly, as an expressed or implied condition in connection with obtaining or carrying out this Agreement to: Employ or retain, or agree to employ or retain, any person or firm; or 2. Pay, or agree to pay, to any firm, person or organization any fee, contribution, donation, or consideration of any kind, with no exceptions. I acknowledge this certificate is to be furnished to the Federal Aviation Administration in connection with this Agreement involving the participation of Federal Aid Funds and is subject to applicable state and federal laws, both criminal and civil. DATED this day of , 2009. :01 Jane Hoington, city Manager City of Kalispell .......... ............. .... ...... ....... _.......... _.... ...... Fred Leistiko, Airport Manager City of Kalispell During the performance of this contract, the ENGINEER, for itself, its assignees and successors in interest (hereinafter referred to as the "ENGINEER") agrees as follows: Compliance with Regulations. The ENGINEER shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, '"'DOT") Title 4.9, code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The ENGINEER, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The ENGINEER shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts -Including-Procurements of Materials and ,Equipment. In all solicitations, either by competitive bidding or negotiation, made by the ENGINEER for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the ENGINEER'S obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The ENGINEER shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the SPONSOR or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who falls or refuses to furnish this information, the ENGINEER shall so certify to the SPONSOR or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the ENGINEER=S noncompliance with the nondiscrimination provisions of this contract, the SPONSOR shall impose such contract sanctions as it or the FAA may determine to be appropriate, including but not limited to -- (a) withholding of payments to the contractor under the contract until the ENGINEER complies, and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The ENGINEER shah include the provisions of paragraphs (1) through (5) in every subcontract, Including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The ENGINEER shall take such action with respect to any subcontract or procurement as the SPONSOR or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event an ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the SPONSOR to enter into such litigation to protect the interests of the SPONSOR and, in additions the ENGINEER may request the united states to enter into such litigation to protect the interests of the United States. 1. Polic It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement, Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation_. The ENGINEER agrees to ensure that disadvantaged business enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all ENGINEERS shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. ENGINEERS shall not discriminate on the basis of race, color, national origins or sex in the award and performance of DOT -assisted contracts. TRADE `.. (VERSION ' The Engineer, by execution of this Agreement, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. flans published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens of nationals of a foreign country on said list; c. has not procured any product or subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFP. 30. 7, no contract shall be awarded to a contractor or consultant who is unable to certify to the above. If the ENGINEER knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the SPONSOR cancellation of the contract at no cost to the Government. Further, the ENGINEER agrees that, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The ENGINEER may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The ENGINEER shall provide immediate written notice to the SPONSOR if the ENGINEER learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the ENGINEER if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when raking the award. If it is later determined that the ENGINEER or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the SPONSOR cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a. system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a ENGINEER is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 181 Un iced states code, Section 1001. (VERSION 1, 1/5/90) The ENGINEER certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, or declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the ENGINEER or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. IMPROVEMENTAIRPORT AND AIRWAY . GENERAL CIVIL RIGHTS PROVISIONS The ENGINEER assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of ENGINEERs, this provision binds the ENGINEERs from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the civil Rights Act of 1964. i6m �011111akm� During the performance of this contract, the ENGINEER, for itself, its assignees and successors in interest (hereinafter referred to as the "ENGINEER") agrees as follows: 1.1 Compliance with Regulations. The ENGINEER shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The ENGINEER, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The ENGINEER shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 1.3 Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the ENGINEER for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the ENGINEER of the ENGINEER's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The ENGINEER shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a ENGINEER is in the exclusive possession of another who fails or refuses to furnish this information, the ENGINEER shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the ENGINEEIt's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the ENGINEER under the contract until the ENGINEER complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. 1.6 incorporation of Provisions. The ENGINEER shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The ENGINEER shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the ENGINEER may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the ENGINEER may request the United States to enter into such litigation to protect the interests of the United states. Contract Assurance (§26.13) The ENGINEER or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The ENGINEER shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the ENGINEER. to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) - The prime ENGINEER agrees to pay each subcontractor under this prune contract for satisfactory performance of its contract no later than 5 days from the receipt of each payment the prune ENGINEER receives from the Cites Kalispell. The prime ENGINEER agrees further to return retai nage payments to each subcontractor within 5 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the the Qity of Kalis ell. This clause applies to both DBE and non -DBE subcontractors. W 437U]"i .... (1) No Federal appropriated funds shall be paid, by or on behalf of the ENGINEER, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the ENGINEER shall complete and submit Standard Form-LI-L, "Disclosure of Lobby Activities," in accordance with its instructions. a All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the sponsor of the Federal grant under which this contract is executed. lill 7 -A:lq� Theresa white From: Bert tenon [bertlenon@hotmail.com] Sent; Monday, July 19, 2010 4:50 PM To. Theresa white; edit@dailyinterlake.com- Jane Howington; Tammy Fisher Subject. Kalispell City Airport I. Bert Lenon of 630 w Arizona St in Kalispell, would like to call into question the wisdom and the fiscal ramifacations of continuing to spend money and city services on an airport in the middle of town, that benefits so few. Do we need a airport tying up this vast acreage of potentionally valuable real estate (if my taxes are any indication of value, even figuring 6 lots per acre, at a pproxi matley $3000.00 /per lot, built out with something besides airplane owners would be, 75 acres x 6 per= 450 lots @ $3000 per year is a total of $1,350,000.00 each year to help the tax base so a lot of us older citizens don't get taxed out of HOMES, which is a srong possibillity even with low income tax discounts). Is this the best use of public property? Having AIRPLANES taking off and landing over our schools, houses, children etc. the best use of public property? How would all of you feel if you lived around it. How about all the noise and traffic over your house at all times and days. I'm not a native (Montanan) but I was blessed that my dad moved out here in 1953, so I`ve been here longer than most natives and Im thankful everyday. when the a i rprt was built it was way out of town, when I was growing up it was out of town past the county shops (old Korn Buick, Scarf Auto, current location) and the S. end of ruway was at the garbage dump. why does the city cater to sucha small group when 5 Miles north and east (as the crow/airplane fly's) that's about a minute flying time theres a beautiful giant airport not in the middle of town. I don't want to kick then out without compensation,. that could be worked out, but their most valuable asset at the airport could easily be flown to a normal airport that can easily acccomadate any number of any size aircraft that would strike their fancy. I cant see how any regular citizen could justify using all these resources, taking over more land so people with jets can park next to hotel, it lust seems like a horrible use of taxpayer $$$ and a DUPLICATION of services etc. Please have mercy on us TAXPAYERS. THANK YOU, Bert Lenon . x.�...x.., �.. �..1-si�w'..:��.s .�;':z.. .... e'iP:4.w✓^::•,¢en::',.«.y.�.=:..ri...<.�J :s:1•'."x .."...�L':::..^..:.'�trr 2%?3'�:'1rn2': <:'ri'.•.->'.. ,,.6::-.r_,w;. •:�.:� :x �.q�F .. ;��.. �.r.�s-•Kru..,a..F.....e:: F..;; ' r. ryr.--:;;::.x-`K'--•..;,::��aea:.:r,::`ses:rr;':^:•.htxr...c..:c'nc.:�-='<: s_-'.,;,,z,..••®�•a�=�: " ...,.......L-.........F.SFr:::_i.:".•.�..•r:.:rid;'k'>TX4:^i'k[•.:[:'+.:'•.?�:�-'s�^::^:':.i'':r'T:?.3:���'7.m�::.i,,,:�.�.Y'%?2Y �i�•:l.?:�.[•'{:,:...vt::;�=:..�...�..�..�I:::::."�r..r.�..�^a:.�':•::: i",::: 3i.��.•..��n::.�T The New Busy is not the old busy. Search, chat and e-mail from your inbox. Get started. Theresa White From: George Alexander [georgealexander@ centurytel.net] Sent: Monday, July 19, 2010 4:23 PM To. Theresa White Subject: Airport This rush to spend taxes at a time when evidence of past expenditures indicate your plans bode very poorly for old town/down town UNLESS you are thinking of an urban renewal project extending the runway NORTH giving both city and county servants the ability to commute by air. The expansion of that airport has and is being met with resistance by land DONORS, home dwellers and 'stop the urban sprawlers'. Consider KA.LISPELL urban planning leading up to the 4th of July ...... wALMART's opening raised havoc with North - South traffic and the KALISPELL Street Department chose that time to do side street maintenance on all the peripheral through streets. George Alexander c/o Box 2176 Kalispell, Montana 1