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4. Appendix C - Contracts & Contractors Certifications and ComplianceKalispell City Airport — North End Surfacing improvements CONTRACTS : CONTRACTOR'S . . ,1 COMPLIANCE Engineering Contracts: ......................................................................... Agreement to Furnish Engineering Services ............................................................................................................ Task Order Number 2 ............................................................................................................ Task Order Number 3 ............................................................................................................ Task Order Number 4 ............................................................................................................ Task Order Number 6 ............................................................................................................ Task Order Number 7 Construction Contract ........................................................................................................................ CONTRACT Consent of Surety Affidavit on Behalf of Contractor Contractor's Certificate of Completion Release of Liens EEO and Wage Rate Compliance Statement DBE Statement / Certification Laboratory Certification Final Report Appendix C Improvements to Kalispell City Airport AGREEMENT TO CITY to for IM[PROVEMIENTS TO THE KALISPELL CITY AIRPORT For the consideration hereinafter set forth, ROBERT PECCIA & ASSOCIATES, INC. (hereinafter referred to as the Engineer) agrees to provide engineering and related services as described herein to CITY OF KALISPELL (hereinafter referred to as the Owner) for projects generally described as "Improvements to the Kalispell City Airport." The IMPROVEMENTS TO KALISPELL CITY AIRPORT are anticipated to generally consist of, but are not limited to, the following work items: • Land Acquisition Services • Airport Layout Plan (ALP) / Exhibit "A" Update • Land Use Planning and Airport Zoning; • Design and Construction Management Services for Airport Development including: Runway, Taxiway and Aircraft Parking Apron, Hangar Access Taxiways, Perimeter Fencing, Infrastructure Improvements, and Runway Lighting and Navigational Systems. The engineering and administration work for the above listed improvements are anticipated to generally consist of, but are not limited to, the following work items: + Assistance in the City's contracting for appraisals, review appraisals and negotiation services, + Field surveying, • Preliminary Design and Soils Testing; • Final Design Engineering Plans and Specifications; + DBE Participation Plan; • Coordination with FAA, Montana Aeronautics Division and others; • Construction Management Services; + Final Project Closeout Report. The Engineer agrees to provide required engineering and related services for the Owner's Projects. The services to be provided, and the compensation for such services, shall be as mutually agreed to in separate Task Orders to this Agreement, executed by both parties. Unless otherwise indicated in a Task Order, execution of a Task Order by the Owner shall constitute notice to and authorization for the Engineer to proceed with the services enumerated in the Task Order. F.W03 ► —INJAMIMli[Ol►I As a consideration for providing the services described in Article 1, the Owner shall pay the Engineer a lump sum fee or the Engineer's salary cost, overhead, and direct costs, plus a fixed fee, whichever is appropriate, as described in each Task Order. Engineering Services Agreement Improvements to Kalispell City Airport The budget for the Scope of Services as established in each Task Order shall be negotiated by the parties at the time each service is authorized. C. CHANGE OF SCOPE The Scope of Services and its related budget for each Task Order shall be limited to the scope and budget so contained therein. Changes in the indicated Scope of Services shall be subject to renegotiation and shall be implemented by a formal amendment to the appropriate Task Order. D. BASIS OF COSTS The budgets listed in the Task Orders are based on salaries and expenses estimated for completing the work in the time frames indicated in each Task Order. Should the services scheduled be delayed because of circumstances beyond the control of the Engineer, the basis of payment will be renegotiated to provide for additional costs of service. E. ADDITIONAL SERVICES Additional services not specified in Article 1, but subsequently requested by the Owner, shall be included in the appropriate Task Order or a separate Task Order shall be written for the additional services. F. ALTERNATIVE DESIGNS If the Owner directs that competitive bids be taken for construction of alternative designs where this involves the preparation of designs, drawings, and specifications for alternative facilities not previously agreed to, the compensation to the Engineer shall be on the basis of an additional payment to be mutually negotiated at the time the Owner directs that alternative designs, drawings, and specifications be prepared. G. LITIGATION ASSISTANCE The scope and extent of engineering services to be provided under this Agreement does not include costs of the Engineer for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the Owner, except for suits or claims between the parties to this Agreement. Payment to the Engineer, as prescribed in Article 2, shall be made as follows: A. PAYMENT FOR SERVICES For all services described in Article 1 and subsequent Task Orders, payment is due within 30 days after receipt of billing of the amount due, as prescribed in Article 2, for each service rendered during the month. : 1 ' 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 the rate of one percent (1 %) per month and become due and payable at the time said overdue payments are made, unless delay in payment is due to improper, contested, or inadequate billing Engineering Services Agreement 2 Improvements to Kalispell City Airport procedures followed by the Engineer. In the event of disputed or contested billing, only that portion so contested shall be withheld, and the undisputed portion shall be paid in accordance with the payment provision outlined herein. A. AUTHORIZATION TO PROCEED The Engineer will not begin work on any of the services listed in Article 1 until the Owner directs him to proceed. Authorization to proceed on work elements not defined in this Agreement as to scope, cost, and time for completion shall be in the form of a Task Order as previously described. B. SUBSURFACE INVESTIGATIONS In soils, foundation, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals, and at locations other than where observations, explorations, and investigations have been made. In estimating subsurface conditions, the data, interpretation, and recommendations of the Engineer are based solely on the information obtained. It is recognized, however, that because of the inherent risks and uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total project cost. The Engineer will coordinate the subsurface investigations and perform engineering evaluations in accordance with generally accepted engineering practices and makes no other warranties, expressed or implied. C. PERIODIC SITE VISITS Visits to the construction site and observations made by the Engineer as part of services during construction shall not relieve the Construction Contractor(s) of an obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the Contract Documents and shall not relieve the Construction Contractor(s) of total responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the Construction Contract(s) in conformance with the intent of those Contract(s) and for all safety precautions incidental thereto. Such visits by the Engineer are not to be construed as part of the observation duties of the on -site representative personnel defined herein, nor is the Engineer in any way responsible for inspecting, noting, commenting on, or reporting safety deficiencies. The Engineer shall not be responsible for the acts or omissions of any Contractor(s)' or subcontractor(s)' agents or employees or any persons at the site except Engineer's own employees and agents. D. ON -SITE REPRESENTATIVE The Engineer's on -site representative personnel will make reasonable efforts to assist in guarding the Owner against defects and deficiencies in the work of the Contractor(s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day presence and observations will not, however, cause the Engineer to be responsible for those duties and responsibilities that belong to the Owner and/or Construction Contractor(s) or other parties and which include, but are not limited to, full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work and for all safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. Such on -site observations shall not, in any way, make the Engineer responsible for inspecting, noting, observing, or reporting on safety deficiencies of the Contractor nor for the acts or omissions of said Contractor(s)' or subcontractor(s)' agents or employees or any other persons at the site except Engineer's own employees and agents. Engineering Services Agreement Improvements to Kalispell City Airport E. ON -SITE RESPONSIBILITIES The Engineer shall act as the Owner's agent for all matters incidental to coordination of the project during construction; but the Engineer has not been retained or compensated to direct or supervise the Contractor's personnel; operate or have direct use of equipment; be responsible for construction means, methods, techniques, and procedures; be responsible for safety precautions on the project, or in any way infringe on the duties of the Contractor(s). The Contractor alone is responsible for the adequate performance in conformance with the intent of the Construction Contract involving all aspects of the project and for the acts or omissions of the Contractor's agents or employees. F. OPINIONS OF COST Construction and procurement opinions of cost to be prepared under this Agreement are to be based upon presently available data, adjusted where necessary to reflect anticipated future changes. In preparation of these cost estimates, the Engineer will apply his experience and judgment; but since he has no control over future changes or competitive bidding procedures and market conditions and other factors affecting cost, no warranty, expressed or implied, is given as to the accuracy of said opinions of cost. When the Engineer is required to prepare quantity and material take -offs and/or opinions of cost for the project or portions of the project from plans and specifications that are less than 100% complete, the Owner shall hold the Engineer harmless from any and all loss, liability, or claims resulting from said actions of the Engineer. G. CONSTRUCTION PROGRESS PAYMENTS Recommendations by the Engineer to the Owner for periodic construction progress payments to the Contractor are based on the Engineer's knowledge, information, and belief from selective sampling that the work has progressed to the point indicated and that the quality of work represented by the recommendation is generally in accordance with the intent of the Contract Documents. Such recommendations, however, shall not be deemed to represent that continuous, exhaustive, or detailed examinations or reviews of the work have been made by the Engineer to ascertain that the Contractor has completed the work in exact accordance with the Contract Documents nor that the final work will be acceptable in all respects. Recommendation of such payment does not infer that the Engineer has made an examination to ascertain how or for what purpose any construction Contractor has used the moneys paid on account of the Contract Price or that title to any of the work, materials, or equipment has passed to Owner free and clear of liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. H. LEVELS OF COMPETENCE The Engineer shall be responsible, to the level of competence presently maintained by other practicing professional engineering organizations engaged in the same type of professional personal services in the Owner's community, for the professional and technical adequacy and accuracy of designs, drawings, specifications, documents, and other work products furnished under this Agreement. The Engineer makes no other warranty, expressed or implied. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others and are not intended to represent in detail the exact location or type of various components nor the exact manner in which the project was finally constructed. The Engineer will not be responsible for any errors or omissions that Engineering Services Agreement 4 Improvements to Kalispell City Airport have been incorporated into the record drawings through the negligence or faulty information of others. MOM A. AUTHORIZATION TO PROCEED The Owner shall authorize the Engineer to proceed prior to the Engineer starting work on any of the services listed in Article 1 by executing a Task Order for each phase of the work. B. OWNER -FURNISHED DATA The Owner shall provide to the Engineer all technical data in the Owner's possession, including previous reports, maps, surveys, borings, and all other information required by the Engineer and relating to the Engineer's work on the project. Such information shall include, but not be limited to, the Owner's requirements for the project, any design criteria or constraints, and copies of design and construction details or standards that Owner requires to be included. Engineer may rely upon the accuracy, timeliness, and completeness of the information provided by the Owner in performing Engineer's services to the Owner. C. ACCESS TO FACILITIES AND PROPERTY The Owner shall make its system facilities and properties available and accessible for inspection by the Engineer and provide labor and safety equipment as required by the Engineer and as authorized by Owner. D. ADVERTISEMENTS, PERMITS, AND ACCESS The Owner shall be responsible for and pay all costs of publishing advertisements for bids and for obtaining permits and licenses that may be required by local, state, or federal authorities and shall secure the necessary land, easements, and rights- of -way, and shall provide access as necessary for the Engineer to perform his services on public or private property as required, unless as otherwise specified herein. 1 `L The Owner shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the Engineer, obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as Owner deems appropriate for such examination and render in writing decisions pertaining thereto in a timely manner so as to not delay the services of Engineer. The Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services or any defect in the work of the Engineer or Contractors. A. FORCE MAJEURE Neither the Owner nor the Engineer shall hold the other responsible for damages or delay in performance causes by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's employees and agents. Engineering Services Agreement 5 Improvements to Kalispell City Airport B. LEVEL OF ENGINEERING EFFORT The Owner and Engineer recognize that established compensation schedules and cost guidelines, plus previous experience and estimates of work efforts, were used in negotiating the basis of compensation in this Agreement. The Owner and Engineer further recognize that it is cost -prohibitive to the Owner to expect or require an absence of construction Contract Change Orders because of Contract Document ambiguities, inconsistencies, and/or discrepancies on a project of this type. Said guidelines and estimates and resulting basis of compensation, therefore, reflect a generally recognized level of engineering effort and professional competence that represent a balance between additional project costs directly attributable to said Change Orders and the necessary additional engineering changes to minimize or eliminate said Change Orders. C. TERMINATION This Agreement may be terminated by the Owner for its convenience by giving 30 days' written notice to the Engineer. This Agreement may be terminated by either party upon 30 days' written notice should the other party fail substantially to perform in accordance with this Agreement through no fault of the other or if the project is stopped by conditions beyond the control of the Owner. Failure to perform includes failure of the Owner to promptly pay the Engineer in conformance with Article 3. In the event of termination, the Engineer shall be paid in full for all work previously authorized and performed up to the termination date, plus termination expenses if termination is not caused by failure of the Engineer to perform. If no termination is implemented, relationships and obligations created by this Agreement shall terminate upon completion of all applicable requirements of this Agreement. D. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The Owner may suspend, delay, or interrupt the work of the Engineer on the project for the convenience of the Owner or for reasons beyond the control of the Owner or Engineer. In the event of such suspension, delay, or interruption, an adjustment in compensation due the Engineer shall be made for all increases in cost of the Engineer's performance under this Agreement, including personnel relocation and/or replacement costs, and all other identifiable labor and expense costs. E. ASSIGNMENT This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. No assignment of this Agreement shall be effective until the Assignee assumes in writing the obligations of the assigning party, and delivers such written assumption to the other original party to this Agreement. Use of subconsultants by the Engineer for technical or professional services shall not be considered an assignment of a portion of this Agreement. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than Owner and Engineer.. Engineering Services Agreement 6 Improvements to Kalispell City Airport F. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then pertaining unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Arbitration costs shall be shared by both parties to this Agreement unless otherwise rules by the arbitrators. 2. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. s 0 In the event of litigation concerning this Agreement, venue shall be in the Eleventh Judicial District in and for the County of Flathead, Montana, and this Agreement shall be governed by the laws of the State of Montana both as to interpretation and performance. A. ACCESS TO DOCUMENTS The Engineer shall provide access to any of the documents relating to this project to the Owner, FAA or authorized representative of the above during normal working hours. The Engineer shall maintain project and financial records for this project for at least three years after final payment and closure of the project. Reproducible copies of planning and design drawings and specifications (including electronic files in a ".pdf' or ".plt" format) shall be made available to the Owner upon request. D. COVENANT AGAINST CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or persons, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Engineering Services Agreement Improvements to Kalispell City Airport E. CERTIFICATION The parties to this Agreement have each executed a certification. The certification of the Engineer, labeled Exhibit A, is attached hereto and by this reference made a part of this Agreement. The certification of the Owner, labeled Exhibit B, is attached hereto and by this reference made a part of this Agreement. F. TITLE VI AND DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES Title VI and Disadvantaged Business Enterprise assurances are contained in Exhibit C and by reference made a part of this Agreement. A. AGREEMENT DESCRIPTION This Agreement (consisting of pages 1 to 8, inclusive) and attached Exhibits A through C, constitute the entire Agreement between the Owner and the Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written addendum. DATED this�day of 2005. CITY OF KALISPELL By 4am�esPatr�ick, City Manager ' ROBERT PECCIA & ASSOCIATES, INC. Philip PorYni, Vice President Engineering Services Agreement Improvements to Kalispell City Airport i We hereby certify that we are a corporation and duly authorized representatives of the firm of ROBERT PECCIA & ASSOCIATES, INC., whose address is 825 Custer Avenue, P.O. Box 5653, Helena, Montana, 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 or 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, 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 Owner 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. DATED this % (o day of Y , 2005. ROBERT PECCIA & ASSOCIATES, INC. By Philip Porrini, Vice President Engineering Services Agreement 9 Improvements to Kalispell City Airport I certify that I am the City Manager of the CITY OF KALISPELL, Montana, and that the previously -mentioned eligineering 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 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 -I- - , 2005. CITY OF KALISPELL By James Patrick, Cify anager Engineering Services Agreement 10 Improvements to Kalispell City Airport i During the performance of this Agreement, the Engineer, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: 1. COMPLIANCE WITH REGULATIONS The Engineer shall comply with the regulations relative to non-discrimination in federally -assisted programs of the Department of Transportation (hereinafter referred to as 'DOT"), Title 49, Code of Federal Regulations, Part 26, as they may be amended from time to time, (hereinafter referred to as the "Regulations"), which are incorporated by reference and made a part of this Agreement. 2. NON-DISCRIMINATION 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 procurement 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. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENT 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 procurement 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 non-discrimination on the grounds of race, color, or national origin. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereof and shall permit access to its books, records, account, other sources of information, and its facilities as may be determined by the Owner or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of an Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the Owner 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 non-discrimination provisions of this contract, the Owner shall impose such contract sanctions as it 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 Engineer may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. Engineering Services Agreement 11 Improvements to Kalispell City Airport 1. POLICY It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 26 have "a level playing field on which DBE's can compete fairly for DOT assisted contracts." Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. 2. DBE OBLIGATION The Engineer agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have a fair 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 contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have a fair opportunity to compete for and perform contracts. Engineers shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. FA.A ORTSIKALISPELLCITY-2003CONTRACTIA GMT.DOC Engineering Services Agreement 12 Kalispell City Airport TASK ORDER NUMBER TWO .+ NORTHto CITY OF KALISPELL for 1 SITE SURVEY This Task Order provides for professional engineering services to be performed by ROBERT PECCIA & ASSOCIATES, INC. (hereinafter the Engineer), for CITY OF KALISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services to the CITY OF KALISPELL COUNTY, for Improvements to the Kalispell City Airport, dated _, 2005 (hereinafter the Agreement). This Task Order represents an authorization to proceed with the scope of services, schedule, and compensation described herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. ARTICLE 1. SCOPE OF SERVICES The Engineer agrees to furnish the following professional engineering services in connection with the improvements to the KALISPELL CITY AIRPORT. The improvements to the AIRPORT contemplated under this Task Order include a Site Survey for: 1. Airport Layout Plan Considerations 2. North End Runway, Taxiway and Apron Developments 3. North End Utilities The Engineer will establish a control network and conduct topographic field surveys of the North End (north of sewage treatment facility), encompassing the improvements so preliminary design work can be accomplished. The survey will include the area needed to match existing facilities and to obtain data not currently available regarding underground and surface improvements. Utility mapping will be based upon information provided by others. (Anticipated survey items under this task order include control traverse; utilities, pavement edges and runway centerlines.) Additional surveying (South End) will be necessary for complete airport development and final plan preparations. This will be included in subsequent task orders. All survey data will be adjusted to NAVD88. Property pins and section corners readily visible will also be tied into along with NIDT control points. It is anticipated that those services listed above under this Task Order are to be completed during the time period from February 2004 through April 2004. The Engineering fees for services described under Article 1, Scope of Services, shall be the lump sum amount of Five Thousand Seven Hundred Dollars and no cents ($5,700.00) as shown on the attached schedule of estimated costs. Task Order Number Two TO#2-1 Kalispell City Airport Payment compensation shall be made by the Owner to the Engineer as follows: a. Payment for services shall be due upon receipt of invoice. See attached Schedule of Estimated Costs. b. Interest charges for late payment by the Owner. The Engineer relies on payments by the Owner when due to meet the Engineer's payroll and other costs of doing business. In the event that the Owner fails to make payment for services within five days after receipt of FAA reimbursement, the Owner hereby agrees to pay interest charges at the maximum rate of interest allowed by law on the unpaid balance or fraction thereof, when payment to the Engineer is delayed. lJ DATED this day of �.� _, 2005. CITY OF KALISPELL �y- mes Patrick, City Manager IA & ASSOCIATES, INC. By: f-k Keith Jensen, President RWRPORTS\KALISPELL CITY-2003\contrwt\TASK3.D0C Task Order Number Two TO#2-2 ROBERT PECCIA & ASSOCIATES, INC. ENGINEERING SERVICES CONTRACT KALISPELL MUNICIPAL A SCHEDULE OF ESTIMATED COSTS TASK # 2- NORTH END SI7 RPA PROJECT# : 0302.100 .TASK ORDER NO.2 WORK ITF,AUSUBTASK PERSON HOURS ' DIVLSION "PROJECT PROJECT SURVEYOR o MANAGER MANAGER ENGINEER S40A2 S$297 :..S23.25 " 524.g7 CADD ADMIN. ACCOUNTING TECH ASSISTANT $17.31 ." $16A4 $2335 TOTAL PERSON FOURS Project Startup 2.0 2.0 Project Closeout 2.0 2.0 Obtain Necessary Data from MDT Lo 1.0 Engr/Cadastral Survey 1 GPS Traverse 3.0 3.0 Topographic Survey 22.0 22.0 Utility Survey 8.0 8.0 Cadastral Survey: Property Ties 20 2.0 Records Research (County & MDT) 2.0 2.0 Develop Survey Map: Survey Reduction 6.0 6.0 Mapping Survey Base 10.0 10.0 TOTAL PERSON -HOURS: t 5" - 2.0 $8.0 LABOR COST PER EMMOVEEr . $1,347.92 'M28 S1j81:20 DIRECT EXPENSES Subcontracted Services - Mileage t RT+ $205.00 Airplane Time Per Diem - Day $48.00 Per Diem - Overnight S 126.00 Telephone, Pwtage and Fax Equipment (Survey Equipment: Robotic Total Station 1 day) S200.00 Equipment (Survey Equipment: GPS Trimble 2 days) S550000 Equipmeat (Computers) $66.50 Priming S246.00 Total: $1,74150 SUMMARY OF ENGINEERING SERVICES Direct Labor S1,381.20 Overhead (1.5731 X Direct Labor) $2,172.77 Sabots] Labor Cost: $3,553.97 Direct Expenses $1,441.50 Subtotal Project Costs S4,995.47 Fixed Fee S749.32 Total Engineering Fee, (R... d d): TASK: $5,700.181 THIS IS A SITE TOPOGRAPHIC SURVEY AND MAPPING EFFORT. IT DOES NOT CONSTITUTE A LEGAL LAND SURVEY THAT WILL BE REQUIRED TO PURCHASE OR SUBDIVIDE LAND THIS TASK ORDER WAS APPROVED BY THE CITY OF KALISPELL ON 2117/04 Kalispell City Airport ,o CITY OF r IMPROVEMENTSi THE KALISPELL CITY AIRPORT PRELIMINARY ENGINEERING This Task Order provides for professional engineering services to be performed by ROBERT PECCIA & ASSOCIATES, INC. (hereinafter the Engineer), for CITY OF KALISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services o the CITY OF KALISPELL COUNTY, for Improvements to the Kalispell City Airport, dated- 2005 (hereinafter the Agreement). This Task Order represents an authorization to proceed with the scope of services, schedule, and compensation described herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. ARTICLE 1. SCOPE OF SERVICES The Engineer agrees to furnish the following professional engineering services in connection with the improvements to the KALISPELL CITY AIRPORT. The improvements to the AIRPORT contemplated under this Task Order include Preliminary Engineering for: Airport Layout Plan Considerations North end grading to establish a basis for potential hangar and aircraft apron development The Engineer shall be responsible for the following services during the preliminary engineering phase: 1. Review Meetings The Engineer will attend meetings with the Airport Manager and the Airport Advisory Board and FAA to establish a course of action for proposed improvements to the Kalispell City Airport. Included in this task are two (2) progress meetings from February through September 2004. 2. Prepare Maps Using the field survey (north end) and existing ALP drawings, the Engineer will prepare base maps as required at a suitable scale showing the physical features of the airport. These maps will provide the basis for construction drawings and details. 3. Preliminary Lout Plans Engineer will provide a draft layout for the north end development. This layout will coordinate the existing pavement features and the proposed future airport development, including underground utilities such as sanitary sewer water and storm drainage. A draft grading plan will be developed to ensure that the proposed layout will have adequate drainage. In performing this work the Engineer will check for any non-standard conditions and bring them to the attention of the Owner. Revisions, fine tuning, and detail work such as profiles to be completed with subsequent task orders. Task Order Number Three TO#3-1 Kalispell City Airport It is anticipated that those services listed above under this Task Order are to be completed during the time period from February through September 2004. The Engineering fees for services described under Article 1, Scope of Services, shall be the lump sum amount of Ten Thousand Eight Hundred Dollars and no cents ($10,800.00) as shown on the attached schedule of estimated costs. Payment compensation shall be made by the Owner to the Engineer as follows: a. Payment for services shall be due upon receipt of invoice. See attached Schedule of Estimated Costs. b. Interest charges for late payment by the Owner. The Engineer relies on payments by the Owner when due to meet the Engineer's payroll and other costs of doing business. In the event that the Owner fails to make payment for services within five days after receipt of FAA reimbursement, the Owner hereby agrees to pay interest charges at the maximum rate of interest allowed by law on the unpaid balance or fraction thereof, when payment to the Engineer is delayed. DATED this , day of t z , 2005. 4m�es Patrick, ity Manager ROBERT PECCIA & ASSOCIATES, INC. By: ,4k Keith Jensen, President FAAIRPORTS\KALISPELL CITY-2003kontract\TASK3—preengr.DOC Task Order Number Three TO#3-2 ROBERT PECCIA & ASSOCIATES, INC. ENGINEERING SERVICES CONTRACT KALISPELL MUNICIPAL AIRPORT SCHEDULE OF ESTIMATED COSTS TASK # 3 -NORTH END PRELIMINARY ENGINEERING RPA PROJECT# : 0302.100 TASK ORDER NO.3 PERSON HOURS DIVISItN4. PROJECT '.PROJECT ONSCiE CADD ADMIN. ::ACCOUNTING TOTAL WORK ITY-MiSUBTASK o a MANAGER" MANAGER ENGINEER PROD REPS TECH ASSISTANT PERSON a $40.42 :; S3297 $23.25 $24.07 $17.31 >: $16.44 $ZAS :FURS 9 N Y Preliminary Engineering, North End Prepare preliminary Layouts and up to three alternatives 12.0 20.0 32.0 Field Survey Task Order # 2 Prepare Base Maps Task Order # 2 Soils Investigations Defer to later more extensive design Task Order Pavement Analysis Defer to later more extensive design Task Order Refine Preferred Alternative to Present Preliminary Design Layout 8.0 16.0 8.0 Prepare Preliminary Cost Estimates 2.0 2.0 4.0 Review Meetings 2 16.0 16.0 Preliminary Design Drawings (Site, Water, Sewer, Storm & Grading) 4.0 8.0 32.0 44.0 TOTAL PERSON -HOURS: 2.0 42.0 24.0 60.0 2.0 128.0 LABOR CAST PER EMPLOYEE: $1,897.84 < i$658.00 $1,038.80 $47.70 $3,341.94 DIRECT EXPENSES Subcontracted Services: Mileage $328.00 Airplane Time Per Diem - Day $32.00 Per Diem - Overnight Teleple-, Posuige and Fax $25.00 Equipment (Computers, Office, Etc...) $400.00 Supplies (Quads, OC Charts, Survey Supplies, Etc.) Printing $50.00 Total: S83SM) THIS IS A PRELIMINARY DESIGN FOR HANGAR ACCESS TAXIWAYS IN THE NORTHWEST CORNER OF THE AIRPORT. AFTER ACCEPTANCE OF THE PREFERRED PLAN AND UPON DETERMINING THE FUNDING SOURCE, A FINAL DESIGN - TASK ORDER WILL NEED TO BE DEVELOPED FOR CONSTRUCTION DOCUMENTS. THIS TASK ORDER WAS APPROVED BY THE CITY OF SUMMARY OF ENGINEERING SERVICES I KALISPELL ON 2J17104 Direst Labor $3,341.94 Overhead (1.5731 X Direct Labor) $5,257 21 Suixwal Labor Coat S8,599.15 Direct Expenses S835.00 Subtotal Project Costs: $9,434.15 Fixed Fee S1,415.12 Total Engdneering Fee(Rounded): TASKS $10,&IO.00 Kalispell City Airport to CITY OF KALISPELL IMPROVEMENTSfor ,O. NORTH This Task Order provides for professional engineering services to be performed by ROBERT PECCIA & ASSOCIATES, INC. (hereinafter the Engineer), for CITY OF KALISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish En iineermg Services to the CITY OF KALISPELL, for Improvements to the KALISPELL AIRPORT, dated 211& , 2005 (hereinafter the Agreement). This Task Order represents an authorization to proceed with the scope of services, schedule, and compensation described herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. ARTICLE 1. SCOPE OF SERVICES 11 M R111 IQ T1 The Engineer agrees to furnish the following professional engineering services in connection with the improvements to the KALISPELL AIRPORT. The improvements to the KALISPELL AIRPORT contemplated under this Task Order include design engineering for: - Taxiway and Apron Development - Hangar Access Taxiway Development The Engineer shall be responsible for the following services during the design engineering phase: 1. Review MeetinjZs The Engineer will attend one (1) review meeting in Kalispell with the Airport Manager and Airport Advisory Board to present the preliminary design of the proposed improvements to the KALISPELL AIRPORT. 2. Pavement Analysis & Design The Engineer will hire a Geotechnical Engineer to investigate the existing airport pavement and to make recommendations for future pavement sections. Using bore holes and soil samples, the Engineer will analyze the existing conditions, determine various pavement sections that meet FAA design criteria, estimate costs for each pavement option, and review the options with the Owner. In addition, the Engineer will look at alternate pavement sections, including the use of geotextiles and geogrids, to compare the costs associated with each and the constructability of each pavement section. Preferred pavement sections will be selected by the Owner and included in the design plans. 3. Design Report An engineering design report will be prepared in accordance with the Helena Airports District Office (HLN ADO) Notice 90-11 dated November 7, 1990, Design Report and submitted to the HLN ADO for review. Included in the design report will be a preliminary construction cost estimate. A Finding of No Significant Task Order Number Four TO#4-1 Kalispell City Airport Impact (FONSI) was determined as part of the Environmental Assessment in December 2002 for all of the proposed airport improvements. 4. Engineering Design The elements of the airport including storm drainage, pavement, markings, taxiway reflectors, etc. will be designed according to established engineering and scientific principles. Included in the engineering design is the generation of a preliminary construction cost estimate. During preliminary development of drawings and specifications, the Engineer shall provide the Owner 3 sets of preliminary design drawings. 5 Contract Documents Technical Specifications and Plan Set Development & Production The Engineer will prepare drawings in accordance with established practices. The contract documents will include the Information for Bidders, Bid Proposal, Construction Contract, General Provisions, Special Provisions, Labor Provisions, and current Wage Rate Schedules. The drawings are intended to show information to the Contractor so reasonable, competitive bids can be obtained. The drawings will be produced to represent accurately and clearly the proposed improvements and assist the Contractor in constructing the required improvements. One construction schedule is included in this estimate. The final design is anticipated to include 11 drawing sheets (1 Y' x 17" only) Up to fifteen (15) copies of the Contract Documents are included in this Task as Owner provided copies to be sent to Plan Exchanges, the FAA and MAD. These will be submitted to the Owner within 60 days of Task Order approval. All other Plan Sets will be copied and distributed to the bidding contractors. The bidding contractors will pay a non-refundable fee to the Engineer to pay for the associated costs for all copies made and distributed beyond the first 15. 6. Prepare Advertisements for Bid Various advertisements and distributions of materials are required throughout the project - particularly during the bidding phase. The Engineer will prepare the necessary bidding advertisements and distribute documents as necessary and per established guidelines. THE ACTUAL PUBLICATION COST FOR THESE ADVERTISEMENTS IS AN OWNER RESPONSIBILITY. 7. Invitations and Planholders List In addition to public circulation advertisements, the Engineer will develop an invitation to bid list consisting of contractors that typically bid on airport improvement projects and those that may be interested in bidding or subcontracting major portions of the contract in that geographic location. The Engineer will also maintain a Planholders list of individuals, public agencies, and companies that have been sent or have purchased construction plans and specifications. This information would be made available to anyone requesting it from the Engineer. 8. Engineer's Estimate The Engineer will further refine the cost estimates developed earlier to include revisions as reflected in the final plans and specifications. This estimate will then be used to evaluate the reasonableness of bids received and included in the bid tabulation. 9. Assist with Bidding Process The Engineer will assist the Owner in advertising for and obtaining competitive bids, and in administering the Task Order Number Four TO#4-2 Kalispell City Airport contract award process. The Engineer will attend the Pre -Bid Conference and the Bid Opening. During advertising the Engineer will issue Addenda as appropriate to clarify, correct or change the Contract Documents. Following the Bid Opening the Engineer will summarize and tabulate the bids. Any mathematical error will be identified and brought to the attention of the Owner. 10. Develop / Process Sponsor Certifications Three (3) Sponsor Certifications are required during the process from the engineer selection to construction contract award. The Sponsor Certifications for Selection of Consultants, for Plans and Specifications, and for Equipment and Construction Contracts will all be completed and processed during this stage of the Contract. It is anticipated that those services listed above under this Task Order are to be completed during the time period from January 2005 through April 2005. ARTICLE 3. COMPENSATION The Engineering fees for services described under Article 1, Scope of Services, shall be the lump sum amount of Forty Thousand, One Hundred Seventy Dollars and no cents ($40,170.00) as shown on the attached schedule of estimated costs. Payment compensation shall be made by the Owner to the Engineer as follows: a. Payment for services shall be due upon receipt of invoice. See attached Schedule of Estimated Costs. b. Interest charges for late payment by the Owner. The Engineer relies on payments by the Owner when due to meet the Engineer's payroll and other costs of doing business. In the event that the Owner fails to make payment for services within five days after receipt of FAA reimbursement, the Owner hereby agrees to pay interest charges at the maximum rate of interest allowed by law on the unpaid balance or fraction thereof, when payment to the Engineer is delayed. DATED this � `day of - , 2005. 4ames ITY OF KAL PELL Patrick, City Manager I�OT_ ,13 �.Pl Cif OCIATES, INC. By: -� q�# Keith Jensen, President FAAMPORTSIKALISPELL CITY-2003\contract\TASK4_netxl_surfa .DOC Task Order Number Four TO#4-3 ROBERT PECCIA & ASSOCIATES, INC. ENGINEERING SERVICES CONTRACT SCHEDULE OF ESTIMATED COSTS RPA PROJECT# : 0302.100 TASK ORDERNO.4 PERSON HOURS :DIVISION, PROJECT -PROJECT SURVEYOR CARD ADMIN. ACCOUNTING TOTAL WORK iTF.A4/SURTASK o 6' MANAGER MANAGER - 'ENGINEER TECH ASSISTANT PERSON $4ZM 53d17 $23.83 Was $1734 $1&% $1431 HOURS H Y Final Design: North End - eliglble work Items Review Meetings It-Meetings) Contract Development & Task Orders Independent Fee Estimate and Record of Negotiations Prepare TIF Documents Pickup Field Survey (mostly completed) Pavement Analysis & Design Design Report Disadvantaged Business Enterprise Program Cultural Resource Survey Coordination Engineering Design: Taxiways Engineering Design: Apron Engineering Design: Site Grading Plan Set Development & Production (-i i Plan Sheets) Technical Specifications & Production Contract Documents OA/QC Invitations, Planholders List, Printing & Distribution Engineer's Estimate Prepare Advertisements for Bid Assist with Bidding Process: Pre Bid Conference FAA Grant Application Develop I Process Sponsor Certifications Bid Opening I Bid Tabulation I Recommendation of Award 1 10 2 8 4 8 8 1 2 4 8 8 16 rat required but will be encouraged completed as part of the Site Selection Study 16 24 16 24 8 16 22 44 8 16 4 8 1 2 2 4 1 2 4 8 not applicable at this time 1 2 10.0 4.0 12 110 20 24 2 4 2.0 10 10 4 16 14 12 24 40 40 24 176 44 12 27 6 5 16 3 16.0 TOTAL PERSON -HOURS: 4 6 ^141 178 12 110 , 52 2 501 LABOR COST PER EMPLOYEE: $252.00 $4,917.97 $4,UL74 $30336 $1,929.O $58I 2 S3392 $I2,1031 DIRECT EXPENSES Subcontracted services - Mileage $664.00 Airplane Time Per Diem - Day S64.00 Per Diem - Overnight Tniephone, Postage and Fax $250.00 Equipment (C mptaers, Office, Etc...) $I'M.00 Supplies (Q-6, OC Charts. Survey Supplies, Elc.) $250.00 Printing S500.00 Total: $2A68.M) SUMMARY OF ENGINEERING SERVICES Direct Labor $12,460.31 Overhead (1.5731 X Direct Labor) S19,601.31 Subtoud Labor Cost: S32,061.62 Direct Expenses S2,868.00 Subtotal Project Cu, 534,929.62 Fixed Fee S5,239.44 Tout Engineering Fee (Rounded): TASK 4 S40,170.00 Kalispell City Airport TASK ORDER li '. SIX 1 to CITY OF KALISPELL IMPROVEMENTSfor 1 THE KALISPELL CITY AIRPORT This Task Order provides for professional engineering services to be performed by ROBERT PECCIA & ASSOCIATES, INC. (hereinafter the Engineer), for the CITY OF KALISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services to the City of Kalispell, for Improvements to the Kalispell City Airport, dated February 22, 2005, (hereinafter the Agreement). This Task Order represents an authorization to proceed with the scope of services, schedule, and compensation described herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. The Engineer agrees to furnish the following professional engineering services in connection with the construction management for improvements to the KALISPELL CITY AIRPORT. The improvements to the KALISPELL CITY AIRPORT contemplated under this Task Order include construction management for: 1. North End Utilities (Separate Contractor and Construction Schedule) 2. North End Surface Improvements (Separate Contractor and Construction Schedule) 1. Construction Administration and Construction Observation Services During Construction a. Preparation of Contract Documents Following the FAA Grant Application, the Engineer will collect or prepare and distribute for signature all the Executed Contract Documents necessary to get the construction contract(s). The items typically bound into the Executed Contract Documents include the Bid Proposal, Bid Bond, Recommendation of Award to the Contractor, FAA Concurrence of Award, Notice of Award to Contractor, Department of Revenue Award Report, Construction Contract, Certification for Equipment and Construction Contracts, Certificates of Insurance, Payment and Performance Bonds, and Notice to Proceed. b. Preconstruction Conference(s) Prior to construction, the Engineer will coordinate, schedule and conduct two separate Preconstruction Conferences for all involved parties on each project to participate in discussions of construction scheduling, safety, and job site requirements. Task Order- Number Six TO#6-1 Kalispell City Airport c. Submittal Review The Engineer will prepare a "Required Submittals" list for the two successful Contractors and will review and approve all required submittals for construction materials and testing. d. Contract Administration and Accounting The Engineer will prepare periodic estimates, provide other administrative duties, and in general act as the Owner's representative during construction. Included in this item will be attendance at monthly Airport Advisory Board Meetings to review work status, present pay requests and answer questions. e. Geotechnical Engineering The Engineer will subcontract a Geotechnical Engineer to perform an analysis of the existing soil and pavement and provided recommendations for a new flexible pavement section to support anticipated aircraft and the equipment necessary to build the pavement. f. Payroll Certification / Review The Engineer will review Certified Payrolls submitted by all Contractors working on the project. The Engineer will verify that wage rates and worker classifications are correct. g. Coordination and Review Material Testing Reports with Testing Lab The Engineer will review all testing lab information including moisture / density relationships for subgrade materials, all crushed base course properties, and asphalt surface course test results. The engineer will also submit an asphalt sample to an independent testing lab for performance grade verification. The cost for the actual testing of the bituminous material is reflected in the direct costs under subcontracted services. h. Review and Distribute Weekly Progress Reports The Engineer will review weekly reports from the field and facilitate their transmission to the FAA, Owner, and Contractor. i. Final Inspections The Engineer shall schedule and make two final inspections, one for each project with representatives of the Owner and the Contractor. j. Record Drawings The Engineer shall provide record drawings for each project to the Owner, documenting, to the best of their abilities, the actual construction that took place. k. Final Engineering Report After the project has been accepted by the Owner, a final engineering report will be prepared. This report will contain the pertinent engineering information on the project including bid tabulations, final quantities and costs, final inspection reports, and the quality control tests that were done during construction. The report will be prepared according to FAA Northwest Mountain Region's Engineering Guidance 01-03 dated June 2003. Task Order Number Six TO#6-2 Kalispell City Airport Develop and Monitor Punchlist Prior to the Final Inspection, the Engineer will develop a Preliminary Punchlist for the Contractor. Following the Final Inspection, the Punchlist will be reviewed and updated for a Final Punchlist to complete construction. in. Extract Contractor Close-out Paperwork To complete the project, several items need to be submitted by the Contractor. Often these need to be developed and repeatedly prompted by the Engineer to get them accomplished. These items include; Release of Liens, Consent of Surety, and Labor / EEO Compliance Statements. n. Aiprort Maintenance Proaram The large investment of money and time by the Owner and FAA dictates that the Owner needs to be made aware of the recommended practices for maintaining the investment. The Engineer will produce a Maintenance Program to educate anyone responsible for this maintenance and serve as a reminder / checklist for that maintenance. o. Summary of Cancelled Warrants and Final Pav Reauest The Engineer, prior to completing the Final Pay Request, will accomplish coordination with the Owner to verify payments and collect cancelled warrants. Following this verification, and completion of all closeout and final report activities, the final pay request will be developed, routed for signature, and processed with the FAA. p. Close-out Documentation Aside from the Final Report and Maintenance Program, there are many forms, certificates and drawings that have to be submitted and distributed according to the FAA Helena ADO's Project Closeout Package Checklist. The Engineer will prepare these for the Owners approval. Construction Observation — North End Utilities (21 calendar days The Engineer will assign a Resident Project Representative (RPR) to act as the construction observer for the project. This Representative will be on -site during the initial stages of each construction activity and will observe the Contractor's performance in comparison to plans and specifications. The construction is not anticipated to exceed twenty-one (21) calendar days. RPR time is anticipated not to exceed three (3) trips and fifteen (15) workdays on -site. Project Specifications will stipulate that the RPR has been budgeted to work 40-hour weeks through -out the contract period for inspection to maintain project files, write weekly reports, etc. Should the Contractor decide to do work requiring observation beyond those hours, he could be assessed liquidated damages to compensate for the additional time requiring project inspection. Additionally, if the scope of work changes significantly enough to warrant an extension of time for the Contractor, the Engineer will negotiate for compensation for additional time and expenses as well. r. Construction Observation — North End Surfacing (45 calendar days The Engineer will assign a Resident Project Representative (RPR) to act as the construction observer for the project. This Representative will be on -site during the initial stages of each construction activity and will observe the Contractor's performance in comparison to plans and specifications. The construction is not anticipated to exceed forty-five (45) calendar days. R time is anticipated not to exceed seven (7) trips and thirty-three (33) workdays on -site. Project Specifications will stipulate that the RPR has been budgeted Task Order Number Six TO#6-3 Kalispell City Airport to work 40-hour weeks through -out the contract period for inspection to maintain project files, write weekly reports, etc. Should the Contractor decide to do work requiring observation beyond those hours, he could be assessed liquidated damages to compensate for the additional time requiring project inspection. Additionally, if the scope of work changes significantly enough to warrant an extension of time for the Contractor, the Engineer will negotiate for compensation for additional time and expenses as well. No asphalt quality control testing of material is included in this agreement. Such independent testing laboratory work will be sub -contracted through the selected Contractor with the laboratory test results being submitted simultaneously to the Engineer and Contractor for review. It is anticipated that those services listed above under this Task Order are to be completed between March and October 2005. /:W ail 11" p11:1 I. North End Utilities: Cost -Plus -Fixed -Fee basis on the Construction Administration and Observation Services During Construction shall not exceed a maximum amount of: Fifteen Thousand Five Hundred Dollars and No Cents ($15,500.00) including the fixed fee of TwoThousand Twenty -One Dollars and Eighty -Seven Cents ($2,021.87). See attached spreadsheet 6A. 2. North End Surface Improvements: Cost -Plus -Fixed -Fee basis on the Construction Administration and Observation Services During Construction shall not exceed a maximum amount of. Forty -Eight Thousand Three Hundred Seventy Dollars and No Cents ($48,370.00) including the fixed fee of Six Thousand, Three Hundred Nine Dollars and Fifty Cents ($6,309.50). See attached spreadsheet 6. Total for both cost -plus -fixed -fees is $ 63,870.00. These fees are based on an estimated construction inspection time. Should the construction inspection time required exceed the estimated amount, the Engineer shall be compensated for their extra services either through Liquidated Damages withheld from the Contractor by the Owner, or by issuance of a separate task order. Payment compensation shall be made by the Owner to the Engineer as follows: a. Payment shall be due upon receipt of invoice. See attached Schedule of Estimated Costs. b. Interest charges for late payment by the Owner. The Engineer relies on payments by the Owner when due to meet the Engineer's payroll and other costs of doing business. In the event that the Owner fails to make payment for services within thirty days, the Owner hereby agrees to pay interest charges at the maximum rate of interest allowed by law on the unpaid balance or fraction thereof, when payment to the Engineer is delayed. Task Order Number Six TO#64 Kalispell City Airport DATED this -3- day of rz., , 2005. CITY OF KALISPELL B . _ �— es Patrick, City Manager ROB_ ERT IA &ASSOCIATES, INC. Philip Porrmi, P.E., Vice President FAAMPORTSIKALISPELL CITY-2003%contra t\TASK6 —DOC Task Order Number Six TO#6-5 ROBERT PECCIA & ASSOCIATES, INC. ENGINEERING SERVICES CONTRACT KALISPELL MUNICIPAL AIRPORT SCHEDULE OF ESTIMATED COSTS TASK # 6A - Utilities Only NORTH END: CONSTRUCTION MANAGEMENT SERVICES RPA PROJECT#: 0302.100 TASK ORDER NO.6A ' PERSON HOURS DIVISION PROJECT :RESIDENT SURVEYOR'S CADD iADMIN. ACCOUNTING TOTAL ' WORK ITEMISUIITASK: o a MANAGER MANAGER PROD REP TECH ASSISTANT PERSON o. SUM 533.89 $1838 $25-00 $17.26 516.68 $15.00 HOURS F Y Separate North End Utllitty Construction Construction Management Services Preparation of Contract Documents 6 6 Preconstruction Conference 1 10 to Construction Management Plan NOT APPLICABLE - NON -ELIGIBLE Submittal Review 6 Contract Administration and Accounting 4'•`` 2 Payroll Certification / Review NOT APPLICABLE - NON -ELIGIBLE Coordination / Review of Testing Laboratory Results 2 - Review/ Process Weekly Reports NOT APPLICABLE - NON -ELIGIBLE Final Inspection 1 2 - - Record Drawings (-6 sheets) 3 6 12 �' 21 Final Engineering Report NOT APPLICABLE •NON -ELIGIBLE Develop and Monitor Punchlist 2 2 �F. " 4 Extract Contractor Close-out Paperwork NOT APPLICABLE - NON -ELIGIBLE VV Airport Maintenance Program NOT APPLICABLE • NON -ELIGIBLE'" Summary of Cancelled Warrants and Final Pay Request NOT APPLICABLE - NON -ELIGIBLE a Close-out Documentation 4'' 2 6 Construction Observation North End Utilities (21 Calendar Days) 3 135 -F, 135 Travel Time D 1/2 time 11 11 TOTAL PERSON -HOURS: 5-29 lib "12 2 2 203 LABOR COST PER EMPLOYEE: V82.81 $2y94A4 S207.12 s3336 $33.36 S4,151.50 DIRECT EXPENSES Subcontracted Services - 3„ }I tAlengn $30.00 Airplane Time Per Diem - Day y>v $540.00 Per Diem - Ovemight $525.00 Telephrnre, Postage unit Fa $25.00 Equipment (CorR>uten, Office, Ea:...) x� $50.00 Equipment (Nue Dcnsoneter - month) - S700.00 Supplies (Quads, OC Charts, Survey Supplies, Etc.) $25.00 Printing �� S50.00 Total: .r $2,745.00 SUMMARY OF Direct Labor S4,151,50 Overhead (1,5856 X Di—t Labor) m $6,582.62 Subtoud Labor Cost: $10,734.12 D:rut Expenses' S2,745.00 Subwu Proles C-o", S 13.479.12 Fixed Fee $2,021.87 Total Engi—Hiag Fee (Rounded): TASK 6A S151500.00 ROBERT PECCIA & ASSOCIATES, INC. ENGINEERING SERVICES CONTRACT KALISPELL MUNICIPAL AIRPORT SCHEDULE OF ESTINIATED COSTS TASK # 6- NORTH END: CONSTRUCTION MANAGEbIENT SERVICES RPA PROJECT# : 0302.100 TASK ORDER NO.6 PERSON HOURS DIVISION PROJECT ":RESIDENT SURVEYOR CADD ADhiIIi. ACCOUNTING :TOTAL WORK ITEMISUBTASK o u ": MANAGER MANAGER PROJ REP :: "TECH ASSISTANT PERSON $41J5 $33.59 $1838 ".. $25. $17.26 $16.68 $1448I tR1[IHS -�' w Separate North End Surface Improvement h Y Construct'on Manatter ent Service Preparation of Contract Documents 2 6 8 Preconstmction Conference 1 10 10 Construction Management Plan 8 8 Submittal Review 16 16 Contract Administration and Accounting 2 40 8 48 Payroll Certification / Review 2 4 6 Coordination w/Geolech I Review of Testing Laboratory Results 4 2 6 Review/ Process Weekly Reports 4 8 2 14 Final Inspection 1 10 to Record Drawings (-20 sheets - Surface Irrgtrovements) 10 20 40 70 Final Engineering Report 1 4 24 4 33 Develop and Monitor Punchlist 8 8 16 Extract Contractor Close-out Paperwork 4 8 12 Airport Maintenance Program 2 4 6 Summary of Cancelled Warrants and Final Pay Request 2 4 6 Close-out Documentation 2 4 8 4 is Construction Observation North End Surface (45 Calendar Days) 7 289 289 Travel Time Q 1/2 time 14 14 .TOTAL PERSON-110UR4e 11 5: ': :1132 391 -:40 6 t6 "590 LABOR COST PER EMPLOYEE: $206.75 $4,473.48 $7,191.83 $690,40 $t $2".88 512r929.42 DIRECT EXPENSES Subeo.--d Services - Oeoii,cft al Eng.—mg 53,865.00 Mileage $1,626.00 Airplane Time Per Diem - Dsy S512.0D Per Diem - Overnight S 1,120.00 Telephone, Postage and F. S 120A0 Equipment (Computers, Office, Etc...) S240.00 Equipnxnt (Nuc Dcnsometcr - month) S700.00 Supplies $50.00 Printing S200.00 Tetei: S8,633.00 SUMhLARY OF ENGINEERING SERVICES Direst Labor SI2,929.42 Overhead (1.5856 X Dircet Labor) S20,500.89 Subtotal Libor Cost S33,430.31 Direst Expenses $8,633.00 Subtotal Project Costs: S42,063.31 Fixed Fee $6.309.50 Tatai Engineering Fee (Round d): TASK 6 S48,370.00 Kalispell City Airport it 1 to CITY OF KALISPELL r IMPROVEMENTS 1 THE KALISPELLAIRPORT This Task Order provides for professional engineering services to be performed by ROBERT PECCIA & ASSOCIATES, INC. (hereinafter the Engineer), for the CITY OF KALISPELL (hereinafter the Owner), in accordance with Article 1 of the Agreement to Furnish Engineering Services to the City of Kalispell, for Improvements to Kalispell City Airport, dated February 22, 2005 (hereinafter the Agreement). This Task Order represents an authorization to proceed with the scope of services, schedule, and compensation described herein. This Task Order, when executed by both parties, shall become a supplement to and part of the basic Agreement. The Engineer agrees to furnish the following professional engineering services in connection with the Airport Layout Plan Update and 5-Year Capital Improvement Plan (CIP) for improvements to the Kalispell City Airport. The improvements include: The work elements to be completed in the preparation of the Airport Layout Plan update are as follows: l . Prepare Contracts / Task Orders The Engineer shall prepare an engineering contract outlining the general scope, basis of compensation, payment for services, obligations of the Engineer and Owner, as well as general and legal provisions governing contractual relations between Engineer and Owner. For specific work items of defined scope, the Engineer will produce task orders documenting work to be completed, times for completion, and engineering budget. 2. Records Research for Exhibit A The Engineer shall research monumentation, COS's and corner records to identify existing survey markers. Collect information on airport property descriptions and ownership from the Owner and the Courthouse. Review existing information on projected airport development, anticipated land needs, and land ownership of relevant tracts to clearly define impacts of foreseeable airport development. Review changes and potential changes in land use on and adjacent to airport property with the Owner, to determine potential impacts on airport development. Review airspace adjacent to the airport in accordance with FAA regulations Part 77 "Objects Affecting Navigable Airspace". Evaluate potential for changes in the current airspace as described in the airport's ALP 3. Obstruction Survey The surveyor shall use established control on the airport from existing monuments and shall identify topographic features, potential obstructions, items in the runway approaches, above ground utilities, and significant airport facilities. Task Order Number Seven TO#7-1 Kalispell City Airport 4. Processing of Survey Data & Base Map Creation The surveyor will reduce the collected data files, compensating for variation of the GPS satellite system and converting the raw data to layered AutoCAD format. 5. Review Airspace and Investigate Obstructions The Engineer shall review FAA requirements for existing and ultimate design aircraft relative to the survey information acquired to determine if the airport environs contain existing or ultimate obstructions. The Engineer shall continue to work with the Owner to determine a course of action for existing obstructions. Review airspace adjacent to the airport in accordance with FAA regulations Part 77 "Objects Affecting Navigable Airspace". 6. Update Airport Layout Plan The Engineer shall update the existing ALP and shall oversee the drawing of all sheets, accurately depicting existing conditions, assure all planned development is in conformance with FAA standards, note any necessary exceptions or modifications to standards, document anticipated resolution of conflicts if necessary, and in general strive to protect the development options of the airport. Update Airport Layout Plan Sheet to show new runway elevations, TDZ elevations and new airport improvements. Update Airport Information Sheet to reflect new elevations, airport data, and runway data. Update Terminal Area Drawing to show new airport improvements. Update Part 77 Airspace Drawing to show transitional, horizontal, and conical surfaces and any potential airspace penetrations. Update Part 77 Airspace Profile to show new runway profile, existing ground profile, primary surface, horizontal, and conical surfaces and ultimate approach slopes. Update Inner Approach Surfaces (Runway 13 only) to show existing and ultimate approach slopes, existing ground profile, runway clearance table, and obstruction data table. Update Exhibit "A" drawing for changes in land ownership and/or easements necessary for development in the airport vicinity and shows current, future, and ultimate land use as directed by the Owner (on Airport property) and proposed for future airport protection by the Owner. 7. Complete ALP Update Checklist The Engineer shall complete the necessary FAA checklist of required ALP items and include checklist copies with any ALP's submitted to the FAA. Provide an FAA list of changes from the previously submitted ALP set. 8. Plot and Send Draft ALP to FAA The Engineer shall provide 2 copies of a preliminary ALP for FAA review and concurrence before final production and signatures. Complete and submit an FAA ALP Checklist verifying FAA standards have been met, or providing a reason for any exceptions. Submit two (2) copies of the updated ALP for review and comment. Resolve any exceptions the FAA notes in their review. 9. Plot 5 Final Sets for Sponsor Signature and Route to FAA The Engineer shall produce five (5) full-sized paper copies of the FAA -approved ALP for sponsor signature and final submission to the FAA. The final submission shall also include 2 CD's containing pdf-versions of each ALP sheet, converted and saved by RPA. 5-YEAR CAPITAL FYIPROVEMIENT PLAN — LAND ACQUISITION AND RELOCATION ASSISTANCE PLAN 10. Coordinate with the Owner on a Relocation Plan The Engineer shall coordinate with the Owner's representative (Jim Trowbridge) to identify where relocation assistance may be needed and to include those locations in a 5-year Capital Improvement Plan (CIP). 11. Establish a File for each parcel of land to be acquired The Engineer shall compile a file for each land parcel to be acquired for the proposed airport improvements and provide such a file to the Owner and the Owners representative (Jim Trowbridge). Task Order Number Seven TO#7-2 Kalispell City Airport 12. 5-Year CIP The Engineer shall prepare and submit a 5-year CIP to the FAA, which shall include an update to all anticipated project costs, including radio tower removal, land acquisitions, relocation plans, and airport development costs. j ' 1 It is anticipated that those services listed above under Task Order Number Seven are to be completed during the time period from March 2005 through June 2005. The Engineering fees for services described under Article 1, Scope of Services, Airport Layout Plan Update, shall be the lump sum amount of Sixteen Thousand Seven Hundred Dollars and no cents ($16,700.00) as shown on the attached schedule of estimated costs. Payment compensation shall be made by the Owner to the Engineer as follows: a. Payment for Engineering shall be due upon receipt of invoice. See attached Schedule of Estimated Costs. b. Interest charges for late payment by the Owner. The Engineer relies on payments by the Owner when due to meet the Engineer's payroll and other costs of doing business. In the event that the Owner fails to make payment for services within thirty days, the Owner hereby agrees to pay interest charges at the maximum rate of interest allowed by law on the unpaid balance or fraction thereof, when payment to the Engineer is delayed. DATED this day of , 2005. CITY OF KALISPELL ames Patrick, City Manager ROBERT PECCIA & ASSOCIATES, INC. By: ` F:AUTORTSW.ALISPELL CrrY•2003%CONTRAMTASK7 ALP_CIP.DOC Philip Porrmi, P. E., Vice President Task Order Number Seven TO#7-3 ROBERT PECCIA & ASSOCIATES, INC. ENGINEERING SERVICES CONTRACT SCHEDULE OF ESTIMATED COSTS RPA PROJECT# : 0302.100 KALISPFLL MUNICIPAL AIRPORT TASK fI 7. UPDATE ALP FOR NORTHEND DEVELOPMENT + S-YEAR CIP TASK ORDER NO. 7, PERSON HOURS DIVISION 'PROJECT '. PROJECT SURVEYOR CADD ADMIN. '.:ACCOUNTING TOTAL WORK ITEM)SUBTASK — MANAGER MANAGER ENGINEER ) .TECH ASSISTANT PERSON o u j4135 533.89 $1838 _525.410 577.26 $16b8 S15.00 11011L5 4 tUoryat._At P for North End Development Prepare Task Order 2 Records Research for Exhibit A 4 Obstruction Survey - North End Only 1 4 16 Processing of Survey Data & Update Base Map 2 4 Update Airport Layout Plan (ALP) Update ALP Overall Plan Sheet (concentrate on North End Dev) 2 4 6 Update Airport Information Sheet 1 2 Update Airport Airspace Sheet 1 2 Update Airport Airspace Profiles Sheet 1 2 Update Runway 131nner Approach Surface Sheet 1 2 4 Update Runway 31 Inner Approach Surface Sheet NOT APPLICABLE Update Exhibit W and Summary of Property Interest Sheet (COLOR CODED. 4 8 8 Prepare ALP Update Report NOT APPLICABLE Complete ALP Update Checklist & Revision List 8 1 Plot and Send Draft ALP to FAA 2 2 1 Plot Final Sets and submit for signature to FAA 2 2 1 Capital Improvement Plan 209_20pg Coordinate with Trowbridge re: Relocation Plan _ 2 16 Establish a File for Each Parcel submit to City and Trowbridge 8 10 16 8 Prepare & Submit 5-year CIP to FAA 4 8 16 8 4 20 6 12 3 3 3 7 20 9 5 5 18 43 36 TOTAL. PERSON.IK)URS: 3 IS 65 32 22 48 14 201 LABOR COST PER E.i(PLOYEE: $620.25 $2,202AS 5585.16 $550A0 $82" $31692 S5,106.66 DIRECT EXPENSES Sub ;ontracted Services Mileage S166.00 Airplane Time Per Diem- Duy Per Diem - Ovemight S220.00 Telephone, Postage it F. S50A0 Equipment (Computers, Office, Etc...) S470.00 Equipment (GPS) 5275.00 Supplies (Quad, OC Charts, Survey Supplies, Etc.) 540.00 Printing S100.00 Total: $1,321.00 SUMMARY OF ENGINEERING SERVICES Direct Lahr S5,106.66 Overhead (1.5856 X Direct Labor) $8,097.12 Subtotal Labia Cost S 13,203.78 Direct Expenses S 1,321.00 Subtotal Pmjaci Costs: S14,524.78 Fixed Fee S2,178.72 Total Engineering Fee (Rounded): TASK 7 S16,700.00 Thi ALP Update is to account fur the proposed development at the Nortl End prior to full development of the airport improvements proposed In the Site Selection Study and Environmental Am—ment. Land acquisition, Beld work and design ore nee vary before improvements can be made south of the Sewage Treatment Plant. THIS CONTRACT, made as of the 0 day of V , 2005, by and between City of Kalispell, Montana hereinafter called the Owner/Sponsor, and Schellinger Construction Company Inc., hereinafter called the Contractor, that said Contractor, if a corporation organized under any laws of any state or other jurisdiction other than the State of Montana, represents that it is licensed and registered to do business in the State of Montana as provided by Title 35, Chapter 1, Part 10, Montana Code Annotated. WITNESSETH: THAT WHEREAS the Owner/Sponsor intends to complete the Base Bid and Additive Alternate No.1 for the Kalipell City Airport — North End Surfacing Improvements hereinafter called the Project, in accordance with the Drawings, Specifications and other Contract Documents prepared by Robert Peccia Associates, Consulting Engineers, hereinafter called the Engineer and as such designated bythe parties hereto as an agent for the Owner/Sponsor to protect the interests of the Owner/Sponsor and to insure that the Contractor's work is done in full compliance with the terms of the contract, NOW THEREFORE, the Owner/Sponsor and Contractor for the considerations herein set forth, agree as follows: THE CONTRACTOR AGREES to famish all the necessary labor, materials, equipment, tools and services necessary to perform and complete in a workmanlike manner all work required for the construction of the Project included in the following units and items of the Proposal, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the Contract: a. Contract Time. Work under this Contract shall be commenced upon written notice to proceed, and shall be completed within 45 calendar days of the commencement ofthe Contract Time as defined in the General Provisions. b. Liquidated Damages. Subject to the Special Provisions, the Owner/Sponsor shall be entitled to liquidated damages for each calendar day delay in the completion of the Contract. C. Subcontractors. The Contractor agrees to bind every subcontractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relation between any subcontractor and the Owner/Sponsor. THE OWNER/SPONSOR AGREES to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the Contract Amount of: One million, one hundred ninety-nine thousand, six hundred twelve dollars and eight -five cents ($1,199,612.551, based on the Unit Prices stipulated in the Proposal and in accordance with the provisions of the Contract Documents. a. Progress Payments_ Progress payments will be made in accordance with the General Provisions. CONTRACT DOCUMENTS: The term "Contract Documents" as used herein shall mean and include the General Provisions hereto attached and the documents listed in Paragraph 10.13 ofsaid General Provisions, all of which are by this reference incorporated into and made a part of this Contract. In the event that any provision of one Contract Document conflicts with the provision of another Contract Document, the provision in that Contract Document first listed below shall govem, except as otherwise specifically stated: CONTRACT PAGE 1 i.7-d +77nc701an+7i anmr, iiar1Q=-,a H4-4..-nn nn nn a. Contract (this instrument) b. Performance and Payment Bond C. Addenda to Contract Documents: d. Legal and Procedural Documents: Proposal Proposal Guaranty Information for Bidders Advertisement for Bids e. Special Provisions f. Drawings g. Detailed Specification Requirements (Technical Specifications) h. General Provisions AUTHORITY AND RESPONSIBILITY OF THE ENGINEER: All work shall be done under the general surveillance of the Engineer. The Engineer shall decide any and all questions that may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of work, interpretation of Drawings and Specifications, and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. In acting in this capacity under this Contract, the Engineer is verifying that the Contractor's work is done in full compliance with the terms of this Contract, and this service does not include direction or supervision of the Contractor's employees, agents or subcontractors, or the inspection of any of the equipment, installations, temporary shoring, or any other of the Contractor's operations or those of his subcontractors to safeguard their agents or employees or the general public, or to prevent damage to public or private property, this being the sole responsibility of the Contractor. SAFETY PROVISIONS: It is a condition of this Contract, and shall be made a condition of each subcontract entered into pursuant to this Contract, that the Contractor and any subcontractor shall not require any laborer or mechanic employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health or safety, as determined under construction safety and health standards, Title 29, Code of Federal Regulations, Part 1518, 36 F.R. 7340, promulgated by the United States Secretary of Labor in accordance with Section 107 of the Contract Work Hours and Safety Standards Act, 82 Stat. 96. The Contractor shall be responsible for identifying and meeting all safety standards that are applicable to this project. The Contractor shall hold harmless the Owner/Sponsor and the Engineer from any claims made as a result of the Contractor's responsibilities in this regard. '. A.I.P. PROJECT The work in this contract may be included in an A.I.P. Project, which is to be undertaken and accomplished by the City of Kalispell, Montana in accordance with the terms and conditions of a grant agreement to be entered into between the Owner/Sponsors and the United States, under the Airport and Airway Development Act of 1970, as amended (84 Stat. 219), and FAR Part 152 (14 CFR Part 152), pursuant to which the United States will agree to pay a certain percentage of the costs of the project that are determined to be allowable project costs under that Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract. PAGE2 CONTRACT CIVIL RIGHTS ACT OF 1964, TITLE VI B 49 CFR PART 21 CONTRACTUAL REQUIREMENTS (VERSION 1,1/5/90) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor 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 maybe 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 contractor, 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 contractor 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 contractor 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 contractor of the contractor'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 contractor 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 fails or refuses to furnish this information, the contractor 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 contractor'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 contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor 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 contractor 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 contractor 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 addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. CONTRACT PAGE 3 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS (VERSION 1, 115/90) The contractor/tenant/concessionaire/lessee 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 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 contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. INSPECTIONOF RECORDS ; 49 CFR PART (VERSION' 1 The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. RIGHTS TO INVENTIONS B 49 CFR PART 18 (VERSION 1,1/5/90) 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. Information regarding these rights is available from the FAA and the Sponsor. t 1 SANCTIONS B 4' CFR PART 18 (VERSION 1, . 0 Any Violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. DBE REQUIRED STATEMENTS - 49 CFR Part 26 (11/19/01) Policy: It is the policy of the Department of Transportation (DOT) that Disadvantaged Business Enterprises (DBE's) as defined in 49 CFR Part 26 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 26 apply to this agreement. DBE Obligation: The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 PAGE CONTRACT CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor 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: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven days from the receipt of each payment the prime contractor receives from the recipient. The prime contractor agrees further to return retainage payments to each subcontractor within seven 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 recipient. This clause applies to both DBE and non -DBE subcontractors. Contract Goals: The bidder shall subcontract xxx.xx percent of the dollar value of the total amount of a DOT - assisted contract to qualified DBE contractors. The Proposal shall contain the following: 1. The names, addresses of DBE firms that will participate in the contract; 2. A description of work that each DBE will perform; 3. The dollar amount of the participation of each DBE firm; 4. Written and signed document of commitment to use the DBE subcontractor whose participation it submits to meet a contract goal; 5. Written and signed confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment. 6. If the bidder fails to meet the contract goal, evidence of good faith efforts, as described below shall be submitted. A bidder who fails to meet these requirements and who cannot show good faith effort will be considered non- responsive. Good Faith Effort: The following actions, by the bidder, are generally considered a sign of good faith effort. This list is not exclusive or exhaustive, but should be used as a guide in determining food faith effort. 1. Attendance at pre -bid meetings scheduled to inform DBE's of the project. 2. Advertisement in general circulation, trade association and minority focus media concerning subcontracting opportunities. 3. Written notice to DBE's allowing sufficient time for reply. 4. Follow up of initial solicitation. 5. Selection of portions of the work likely to be performed by DBE's. 6. Provide interested DBE's adequate information for bidding. 7. Negotiation with interested DBE's. 8. Assist interested DBE's with bonding, insurance or credit. 9. Use of minority contractors' groups and minority business assistance offices. Good Faith Efforts are due at time of Bid Opening if Contractor was unable to meet the advertised contract goal. Bidders List: The Bidder shall submit the name, address, DBE status, age, and gross receipts of all firms bidding or quoting subcontracts on DOT -assisted projects. All Bidders wishing to remain in competition for the Contract shall complete both the Disadvantage Business Enterprise Utilization and the Bidders List included in the Proposal. Agreements between a Bidder and a DBE in which the DBE promises not to provide subcontract quotations to other Bidders are prohibited. The DBE Certification shall be completed prior to bid opening. CONTRACT PAGE 5 TRADE RESTRICTION CLAUSE B 49 CFR PART 30 (VERSION 1,1/5/90) The contractor or subcontractor, by submission of an offer and/or execution of a contract, 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. firms 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 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor 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 contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor 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 contractor 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 making the award. If it is later determined that the contractor 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 contractor 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 18, United States Code, Section 1001. PAGE 6 CONTRACT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION B 49 CFR PART 29 (VERSION 1,1/5/90) The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, 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 by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 515 VETERAN'S PREFERENCE (VERSION 1,1/5190) In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. TERMINATION OF CONTRACT B 49 CFR PART 18 (VERSION 1,1/5/90) 1. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. 2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the sponsor for any additional cost occasioned to the Sponsor thereby. 4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. 5. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. • AND WATER POLLUTION CONTROL REQUIREMENTS (VERSION 1, .0 Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating. b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. CONTRACT PAGE 7 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA list of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds 100,000 the aforementioned criteria and requirements. DAVIS BACON REQUIREMENTS - 29 CFR PART 5 (VERSION 1,1/5/90) (1) Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5 (a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. PAGE 8 CONTRACT (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or and authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or Program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (2) Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contact with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the CONTRACT PAGE 9 site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially feasible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (ii) (A) The contractor shall submit weekly, for each week in any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5 (a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor of subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. PAGE 10 CONTRACT (iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not CONTRACT PAGE 11 mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will not longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with the Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through (10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,18 U.S.C. 1001. PAGE 12 CONTRACT 1 1' 1"R/ SAFETY STANDARDJ ACT REQUIREMENTS CFR PART 5 (VERSION'i (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph 1 above, the contractor or any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1. above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. (3) Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier contracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4. (5) Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. EQUAL EMPLOYMENT OPPORTUNITY B 41 CFR PART 60-1.4(b) (VERSION 1,1/5/90) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or CONTRACT PAGE 13 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally - assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. PAGE 14 CONTRACT NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE B 41 CFR PART 60-1.4(b) (VERSION 1,1/5/90) Equal Employment Opportunity is the Law B Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title V11 of the Civil Rights Act of 1964 B Administered by: The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or more employees, by Labor Organizations with a hiring hall of 25 or more members, by Employment Agencies, and by Joint Labor -Management Committees for Apprenticeship or Training. Any person who believes he or she has been discriminated against should contact: The Office of Federal Contract Compliance Programs U.S. Department of Labor Washington, D.C. 20210 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving Federally -assisted construction contract awards exceeding $10,000 which are not exempt form the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. The Federally -assisted construction contractor certifies that he will not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Federally -assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Federally -assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in his contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on a basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Federally -assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. CONTRACT PAGE 15 CONTRACT SPECIFICATIONS (41 CFR (VERSION t0 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification Number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's of subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal of Federally -assisted construction contract shall apply the minority and female goals established for PAGE 16 CONTRACT the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from it actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off - the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if the referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement was not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. CONTRACT PAGE 17 f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. PAGE 1g CONTRACT 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with these requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). CONTRACT PAGE 19 �111 III oil (a) The Contractor agrees that only domestic steel and manufactured products will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, as defined in (b) below. (b) The following terms apply to this clause: 1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) those produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its components and final assembly has taken place in the United States. 2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products. 3. Cost of components. This means the costs for production of the components, exclusive of final assembly labor costs. (End of Clause) PAGE 20 CONTRACT 1. The contractor agrees to furnish a performance bond for 100% of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 2. The contractor agrees to furnish a payment bond for 100% of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. AGREEMENTS The Contractor certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 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 this Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, 'Disclosure of Lobby Activities," in accordance with its instructions. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CONTRACT PAGE 21 SUCCESSORS AND ASSIGNS: The Contract and all of the covenants hereof shall insure to the benefit of and be binding upon the Owner/Sponsor and the Contractor, respectively, and his partners, successors, assigns and legal representatives. Neither the Owner/Sponsor nor the Contractor shall have the right to assign or transfer his interests or obligations hereunder without written consent of the other party. IN WITNESS WHEREOF, the parties have made and executed this Contract the day and year first above written. O WNER/SPONSOR City of Kalis 'B J atrick, City anager P.O. Box 1997 312 1 u Avenue East Business Address Kalispell, MT 59901-1997 City State, Zip CONTRACTOR Schellinger Co action Company, Inc. By: lix Al ert A. Schellinger, President P.O. Box 39 Business Address Columbia Falls_ MT 59912 City State, Zip The foregoing Contract, including all Contract documents which are a part thereof, is in due form according to law, and is hereby approved. In addition, I have personally reviewed the Contractors Performance Bond, Payment Bond and Certificates of Insurance and find them to be in compliance with City of Kalispell's requirements. City � F.WkWR731KAU3PL 1.CI7Y-2003V:OR27YFNDSURl fC7A'Glcwrtmtn/ncmrtrac� echelli crdx W05) PAGE 22 CONTRACT £Z•d 30939L9017 � ao!}}O Ileds!!eN d9V:90 90 90 oen CONSENT COMPANYSURETY f' FINAL PAYVEW OWNER ENGINEER CONTRACTOR SURETY (From AIA Document G707) _ .OTHER TO (Owner) r— --� CITY OF KALISPELL PROJECT NO.: 0302.105 PO BOX 1997 CONTRACT FOR: KALISPELL CITY AIRPORT -NORTH KALISPELL, MT 59903-1997 END SURFACING IMPROVEMENTS �— —� CONTRACT DATE: JUNE 20, 2005 . CONTRACTOR: SCHELLINGER CONSTRUCTION CO., INC. In accordance with the provisions of the contract between the Owner and the Contractors indicated above, the CONTINENTAL CASUALTY COMPANY SURETY COMPANY, on bond (here insert name ,and address of Surety Company) of SCHELLINGER CONSTRUCTION CO. INCONTRACTOR, hereby approves of the final (here insert name and address of Contractor) payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to CITY OF KALISPELL OWNER, as set (here insert name and address of Owner) forth in the said Surety Company's bond: IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 2 TH day of DECEMBER ,2005. CONTINENTAL CASUALTY COMPkgY_-, Attest: G EGA (SEAL) Surety Coppany Signature of Authorized Represen Iv ATTORNEY -IN -FACT Title NOTE: This form is to be used as a companion document to the Affidavit on Behalf of Contractor (current edition). Consent of Surety Company .. Pagel Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a } onnecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), gyre duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint E B Cogswell, Jr, Lorrin A Darby, Dianne Meinhardt, Timothy G Lightbourne, Individually ' f Great Falls, MT, their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their ehalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 1 st day of September, 2005. GAS CORPORATe ., i 1897 Continental Casualty Company fiL National Fire Insurance Company of Hartford ,e�aRPo�rF®� American Casualty Company of Reading, Pennsylvania 1ULY 31, Ism Michael Gengler SeIr Vice President State of Illinois, County of Cook, ss: On this 1 st day of September, 2005, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, ;National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAV- MEDWA w Nowy M.°, State of ofinoft e moMyCommission Eg*smdoW My Commission Expires March 15, 2009 Maria M. Medina Notary Public I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. hi testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 29TH day of DECEMBER 2005 oas CORPOAAT, p � ® A ou SEAL 1897 Form F6853-11/2001 ` AM0A Continental Casualty Company a National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania JULY 31, 1992 6 Mary A. Rtikajokis Assistant Secretary ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX Execution of Documents . Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a` day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI —Execution of Obligations and Appointment of Attorney -In -Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a` day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 170' day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." STATE OF CK0111ZkV&91I DATE: .• m. ):ss PROJECT NO. FLATHEAD ) OCTOBER 2005 0302.100 I certify to the best of my knowledge and belief that all work has been performed and materials supplied in strict conformance with the terms and conditions of the corresponding contract documents between the City of Kalispell, the Owner, and Schellinger Construction Co., Inc., the Contractor, dated July 6, 2003 for the Kalispell City Airport — North End Surfacing Imporvements, Project No. 0302.100, and further declare that all bills for materials, supplies, utilities, and for all other things furnished or caused to be furnished by the above -named Contractor and used in the execution of the above Contract have been fully paid, and there are no unpaid claims or demands of State Agencies, subcontractors, materialmen, mechanics, laborers or any others resulting from or arising out of work done or ordered to be done by said Contractor under the above -identified Contract. In consideration of the prior and final payments made and all payments made for authorized changes, the Contractor releases and forever discharges the Owner from any and all obligations and liabilities arising by virtue of said Contract and authorized changes between the parties hereto, either verbal or in writing, and any and all claims and demands of every kind and character whatsoever against the Owner, arising out of or in any way relating to said Contract, and authorized changes. This statement is made for the purpose of inducing the Owner to make Final Payment under the terms of the Contract, relying on the truth and statements contained therein. _. Dated this 3�s__�{�r- � day of ` 1 anLLas� , 20 at Kalispell, Montana. CONTRACTOR: Schell' r . on traction Co., Inc. Albe Schellinger, President s-� Subscribed and sworn to before me this \31 " day of anA_q � , 2666. Notary Pub Ic for the State of Montana [Y) (SEAL) Residing at W L [-LyY'.�;Q F-4 11S My commission expires Q 6 116 / 662 Rev. 1 /96 K:\Kal-Proi-Data\AIRPORTS\KALISPELL CITY\CONST ADM IN\PRJCLOSEOUT\Aff_Behalf_Cont.DOC TO (Owner): City of Kalispell DATE: October 2005 PROJECT TITLE: Kalispell City Airport PROJECT NO.: 0302.100 CONTRACT ATTN: Engineer Robert Peccia & Assoc. DATE: July 6, 2003 FROM: Contractor Schellinger Construction Co., Inc., P.O. Box 39, Columbia Falls, Montana, 59912 This is to certify that I, Albert Schellinger, am an authorized official of Schellinger Construction Co., Inc., working in the capacity of Project Manager and have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract: I know of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Contract Plans and Specifications. The contract work is now complete in all parts and requirements and ready for your substantial completion inspection. I understand that neither the determination of the Engineer that the work is complete nor the acceptance thereof by the Owner shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents. CONTRACTOR: Schellinger, nstruction Co., Inc. By: Title Pfc 5, Q6—n- Rev. 9/21 K:\Kal-Proj-DataWIRPORTS\KALISPELL CITMONST ADMINIPRJCLOSEOUT\Cont_Cert_Compl.DOC 7-AL N711,1111,101t kr" RECEIVED, JUN 9 9 2006 DATE: 6/09/06 JOB No: 630 DOCUMENT No: RPA008 SCHELLINGER CONSTRUCTION CO., INC, PROJECT: KALISPELL CITY AIRPORT IMPROVEMENTS P.O. SOX319 COLUMB-ZA FALLS, MT59.912 TO: ROBERT PECCIA & ASSOCIATES FROM: SCHELLINGER CONSTRUCTION CO., INC. ATTN: BRANDON THEIS MARC BLANDEN P.O. Box 5100 P.O. Box 39 Kalispell, MT 59903-5100 Columbia Falls, MT 59912 PHONE: (406) 752-6025 PHONE: (406) 892-2188 CELL: (406) 253-3730 FAX: (406) 752-5024 FAX: (406) 892-2187 M ATTACHED FI UNDER SEPARATE COVER VIA ❑ MAIL THE FOLLOWING ITEMS: F-1 RFI F] MEMORANDUM F] CERTIFIED PAYROLL El CHANGE ORDER El PROPOSAL M OTHER ITEM NO. COPIES DESCRIPTION I I PA vLIK ELECTRIC CO., INC. -LIEN RELEASE 2 1 KdoTENAi SURVEYORS, INC. - LIEN RELEASE 3 1 PROMARK, INC. - LIEN RELEASE 4 1 ADVANTAGE ASPHALT- LIEN RELEASE 5 1 AGRO TECH COMPANY- LIEN RELEASE SCHEL ER CONSTRUCTION CO.,, INC. SIGNED: "" -;a = = " R. Blanden == MaT S Tt KORIZED SIGNATURE AFFIDAVIT OF NO LIEN OR DEBT OUTSTANDING STATE OF MONTANA ) ss. County of Flathead ) gyyzky UuA ;T• VaQ iV TQ , being first duly sworn upon oath, deposes and says: he, t5 That the PyeiAey_J_ of Pavlik Electric Co., Inc Subcontract dated June, 2005 with Schellinger Construction Company, Inc. covering work performed on the Kalispell City Airport project, the terms of which Subcontract have now been completed by the Subcontractor; and in consideration of receipt of final payment thereunder, does hereby certify: 1. That there are no debts;,demands.or.,claims due,and unpaid against said Subcontractor. or its subcontrac- tors, for labor performed or materials furnished in connection with the carrying out of the terms of said Subcontract; and 2. That there are no liens, garnishments, attachments, suits, causes of action in law or in equity, costs, expenses, and attorney's fees outstanding as a result of said performance, including, but not limited to, liens for taxes or other governmental assessments not yet filed but representing amounts due by the Subcon- tractor in connection with the performance of said Subcontract. i Pavlik E ctric Co., Inc. SUBSCRIBED AND SWORN TO me this O?D day of 2006. NOTARY .PUBLIC ..in _and _for. .the . ( State of Montana, residing—.. j( At r6)550L1_Y4 - --- My Co issio Expires.0 7 28-,2007 RECEIVED FEB 2 2 2006 AFFIDAVIT OF NO LIEN OR DEBT OUTSTANDING STATE OF MONTANA ) ss. County of Flathead ) 4-�)eing first duly sworn upon oath, deposes and says: That they are the of Kootenai Surveyors, Inc. Subcontract dated June, 2005 with Schellinger Construction Company, Inc. covering work performed on the Kalispell City Airport project, the terms of which Subcontract have now been completed by the Subcontractor; and in .. consideration of receipt of final payment thereunder, does hereby certify: � f g 1. That there are no debts; demands'or claims`due`and unpaid against said Subcontracto'r'or its subcon,trac- tors, for labor performed or materials furnished -in 4 connection with the carrying out of the terms - of said Subcontract; and 2. That there are no liens, garnishments, attachments, suits, causes of action in law or in equity, costs, expenses, and attorney's fees outstanding as a result of said performance, including, but not limited to, liens for taxes or other governmental assessments not yet filed but representing amounts due by the Subcon- tractor in connection with the performance of said Subcontract. - [T, " Kootenai Surveyors, Inc. SUBSCRIBED AND SWORN TO me this day o f_',JQALL,,2006. } NOTARY`'PUBtIC ,in;and 'for the`- -State''of '-Montana; residing- � , ,tip` rr At ` 'r My Commission Expires: X TX RECEIVED FEB 2 3 2006 AFFIDAVIT OF NO LIEN OR DEBT OUTSTANDING STATE OF MONTANA ) ss. County of Flathead ) P cz�y3eing first duly sworn upon oath, deposes and says: That they e the of Promark, Inc. i Subcontract dated June, 2005 with Schellinger Construction Company, Inc. covering work performed on the Kalispell City Airport project, the terms of which Subcontract have now been completed by the Subcontractor; and in consideration of receipt of final payment thereunder, does hereby certify: t 1. That there are no debts -,--demands or claims due'and unpaid against said Subcontractor or its subcontrac- tors, for labor performed or materials furni-shed in connection with the carrying out of the terms of said Subcontract; and 2. That there are no liens, garnishments, attachments, suits, causes of action in law or in equity, costs, expenses, and attorney's fees outstanding as a result of said performance, including, but not limited to, liens for taxes or other governmental assessments not yet filed but represprmsLL "ng amounts diiF by the Subcon- tractor in connection with the performance of said Subcontract. SUBSCRIBED`AW, 9W RA , PrOmark, Inc. me this day .of 2006. o "NOTARY PUBLIC in `and for- th 5 State"QQf Montanal. residing At 4 s My Commission xpires:CJ_`_.j�\ RECEIVED MAR 1 4 2096 Schellinger Construction Co., Inc. P.O. BOX 39 COLUMBIA FALLS, MT 59912-0039 AL SCHELLINGER CLIFF SCHELLIINGER GEORGE SCHMIDT AFFIDAVIT OF NO LIEN OR DEBT OUTSTANDING STATE OF MONTANA ) ss. County of Flathead ) 4eing first duly sworn upon oath, deposes and says: That they are the 0 C­�r ✓ of Advantage Asphalt Subcontract dated June, 2005 with Schellinger Construction Company, Inc. covering work performed on the Kalispell City Airport project, the terms of which Subcontract have now been completed by the Subcontractor; and in consideration of receipt of final payment thereunder, does hereby certify: 1. That there are no debts,.,; demands. ;or- claims. ,due -.and unpaid against said Subcontractor-or-its,.subcontrac- tors, for labor performed or materials furnished in connection with the carrying out of the terms of said Subcontract; and 2. That there are no liens, garnishments, attachments, suits, causes of action in law or in equity, costs, expenses, and attorney's fees outstanding as a result of said performance, including, but not limited to, liens for taxes or other governmental assessments not yet filed but representing amounts due by the Subcon- tractor in connection with the performance of said Subcontract. `Advantage Asp 'alt SUBSCRIBED AND SWORN TO me this "-7S day of 2006. -- _ - NOTARY PUBLIC in and for _thef State of-M9ntana; re.sid ng_ t_. At LD / O L7 RF C�tVE� ��© 7 20�� My Commission Expires Y G iV i Schellinger Construction Co., Inc. P.O. BOX 39 COLUMBIA FALLS, MT 59912-0039 AFFIDAVIT OF NO LIEN OR DEBT OUTSTANDING >r STATE OF MONTANA ) ss. County of Flathead ) AL SCHELLINGER CLIFF SCHELLIINGER GEORGE SCHMIDT C%CEr 4Noeing first duly sworn upon oath, deposes and says: That the are the of Agro Tech Company Subcontract dated June, 2005 with Schellinger Construction Company, Inc. covering work performed on the Kalispell City Airport project, the terms of which Subcontract have now been completed by the Subcontractor; and in consideration of receipt of final payment thereunder, does hereby certify: 1. That there are no debts, demands or claims due and unpaid against said Subcontractor -or "its subcontrac- tors, for labor performed -or -,materials furnished in connection with the carrying out -of the--terms'-- of said Subcontract; and 2. That there are no liens, garnishments, attachments, suits, causes of action in law or in equity, costs, expenses, and attorney's fees outstanding as a result of said performance, including, but not limited to, liens for taxes or other governmental assessments not yet filed but representing amounts due by the Subcon- tractor in connection with the performance of said Subcontract. A o Tech Company SUBSCRIBED AND SWORN TO me this day 2006. ARy EU IC, in -and -for the t d r} f l no d' My Commission Expires RECEIVED FE8 - 8 20 06 Schellinger Construction Co., Inc. P.O. BOX 39 i COLUMBIA FALLS, MT 59912-0039 AL SCHELLINGER PHONE: (406) 892-2188 CLIFF SCHELLIINGER FAX: (406) 892-2187 GEORGE SCHMIDT Wednesday, February 1, 2006 Brandon Theis, E.I. Robert Peccia & Associates P.O. Box 5100 Kalispell, MT 59903-5100 Re: Kalispell City Airport — North End Surfacing Improvements Subject: Final Payment, EEO & Wage Rate Compliance Mr. Theis, The Kalispell City Airport Improvement project for 2005 has been completed in accordance with the terms and conditions of the specifications of the contract. All subcontractors have been paid and Certified Davis/Bacon payroll has been paid and reviewed. All notices were posted and available on the job site, such as, minimum wage rate requirements, Davis/Bacon wages, EEO Policy, Certification of Non -segregated Facilities and all other notices as required by the specifications. If you have any questions or require additional information do not hesitate to give me a call. Sincerely, SCHEL NGER CO RUCTION CO., INC. E Marc R. Blanden Project Manager CONTRACTOR: Schellinger Construction Co., Inc. ADDRESS: P.O. BOX 39 CITY: Columbia Falls STATE: MT ZIP: 59912 DATE: January 31, 2006 STATE CONTRACT/AGREEMENT NO. JOB TITLE/DESCRIPTION: 0302.105 Kalispell City Airport - North End Surfacing Improvements 308 TITLE/DESCRIPTION (coat.): CONTRACT BID PRICE: DBE CONDITION F AWARD: $ 1,199,612.85 $ 41,746.53 E PARTICIPANT NAME & ADDRESS DESCRIPTION OF UTILIZATION AMOUNT PAID PARTICIPANTS jvlik Electric Co., Inc. Electrical Subcontractor $ 59,851.00 ..:0. Box 17107 Missoula, MT 59808-7107 Pavement Marking Subcontractor $ 7,233.18 ;omark, Inc. P.O. Box 1238 ' Flo, MT 59847-1238 E rbotenai Surveyors, Inc. Surveying Subcontractor $ 36,050.00 P.Q. Box 393 )by, MT 59923 AFFIDAVIT TOTAL DBE PARTICIPATION ACHIEVED: I, the undersigned, do hereby certify that in connection with all work for the project for which this statement is submitted, each DBE participant contracted $ 103,134.18 by me has been paid the amount listed. SIGNATURE: �_ TITLE: STEAL S_a�scribed and sworn before me this Ls day of _P,2 6CL czf,l , 200l0 A_ Notary Public in and for the State of resicl at tAY-n -Q I,� s Expires 0? 08/16/05 11:41 `$406 869 6396 HM LAB 121002/002 AMRL - Accreditation Details Page 1 of I Login „I. SHTO MelterialS Reference Laboratory Home j AASHTO Accreditation Laboratory Assessment Pro iciency Testinq r ASHT0 Accreditation Details* HKM Engineering, Inc. Billings, Montana Show This Entry—Ony Kurt Grabow ' P.O. Box 31318 Billings, Montana 59102 Phone:(406) 869-6375 Fax: (406) 869-6396 kgrabom-@hkminc-com hti:P1/_www.hkminc zzqm Hot Mix Asphalt - 8/1/1999 T30 T166 T209 T245 T269 T283 T308 T312 - D1559 D2041 D2726 032 03666 4867 D5444 D6307 Aggregate - 6/15/2000 T11 T19 T21 T27 T84 T85 T96 T104 T112 T113 T175 T248 T255 T304 - C29 C40 C88 C117 C123 C127 C128 C131 C136 C142 C566 C702 C1252 D2419 D4791 D5821 Soil - 8/15/2000 T87 T88 T89 T90 T99 T100 T176 T180 T265 - D421 D422 D698 01557 02216 D2419 D4318 'This information is only valid as of 8/16/2005. Please visit http://www.amri.net for current accreditation status. a Get Documents Here: Go NO ❑ ri TiOP,S TED L4 �XCEPTiONS hkOTED RETURN FOR CJRZECTION RECOI?b COPY DOES "1 D,�TE 2 VC FROM REVIEVd 0r RELIEVE COi�TRF.CTOR FOR ERRORS• OWti1SSlONS, OR RESPONSIBILITY tItREhENTS. DEVIATIONS FROM CONS & ASSOCIATES ROBERT PECCIA .._ Notice Printouts may be outdat,ed Paper copies of this page may be outdated and/or aftered. Current accreditation information (test methods, suspensions, and contact details) can only be found on the AMRL website_ These changes aim to increase the accuracy of the accreditation status for each participating laboratory. Please Note The dates displayed beside the field of accreditation correspond to the year of initial accreditation in that field. http://amrl.neUPortailDesktopDefault.aspx?tabindcx=99&tabid=49&LaboratoryfD=NL3 ir... 8/15/2005 47 F. Ssheduie €— The following laboratories were assessed during the past 2 AMRL Laboratory Assessment Program tours (48 months). If a laboratory received more than one assessment, only the most recent assessment date is indicated. Note: These laboratories have been assessed, but are not necessarily accredited. Please see the AASHTO R18 or ISO/IEC 17025 accreditation directories for accreditation details. State/Province: _ MT :. Surr it Boesh Engineering & Testing Laurel 7/15/2005 ✓ ✓ ✓ ✓ CHS Inc. Hardin 8/25/2005 ✓ CMG Engineering, Inc_ Kalispell '8/8/2005 ✓ ✓ ! ✓ Exxon Mobil Billings Refinery Laboratory Billings .9/20/2005 ✓ ✓ GMT Consultants, Inc. Missoula 8/3/2005 ✓', _ .✓ HKM Engineering, Inc. Billings , 8/23/2005 ✓ ✓ ✓ �� Holman Consulting Engineers, LLC J Missoula 8/2/2005 ✓ _ ✓ Materials Testing & Inspection Helena ;9/12/2003 ✓ ✓ ✓ ✓ Maxim Technologies Great Falls 3/6/2006 ✓ ✓ ✓ Maxim Technologies, Inc Billings 9/8/2003 ✓ ✓ ✓ I Maxim Technologies, Inc. Helena 7/5/2005 ✓ ✓ ✓ ✓ f Montana Department of Transportation Helena 8/1/2005 ✓ ✓ ✓ ✓ ✓ ✓ j ✓ ------- ------------ --- ---- _.�._.—. - ----- -- ------------- ---r-- — ---i NTL Engineering & Geoscience, Inc. Great Falls - 6/27/2005 ✓ ✓ ✓ I, ✓ Pioneer Oil LLC _-. - --. _... Billings 8/22/2005.... ✓ - _ __ - - -.._ - __.... _.✓ --- --- --- ----- --- --- ---- ---- ----- --- ---+ Pioneer Technical Services Helena 7/14/2005, ✓ ✓ ✓ �, ✓ Rimrock Engineering, Inc. Billings 8/23/2005 ✓ ✓ ✓ r _ _ SK Geotechnical Corporation Billings 0/22/2005 ✓ ✓ ; ✓� Terracon Billings 8/29/2005� RIS Labs a'�€#3eCs€�'tyi�=SAY:ffFe€ae.=Fafti=.tl€aIEF'11(i€�. B - a.. Notice Search By Labor4tory Name There are no false claims of accreditation at this time. Enter thd0aboratory name in the textbox and click the subL[nnit button. If your s%arch does not rbturn the laboratory you are looking for, enter milkel just the firstfew letters) and try - again. Search by Location Select the appropriate state from the C 6oratary,p.ame i- Loc dropdownlist. Select the city in that Montana ' saate, or dick 'All Cities' to return all - GMT Missoula <; accredited labs in the state. All CltlaS - _ - WWI To bookmark a single record Aker finding the laboratory you are searching for, dick the 'Show this �-Submit' Strb'inY�t entry only' link under the lab's location. In Internet Explorer: Click 'Favorites' >'Add to Favorites' GMT Consultants, Inc. In Netscape Navigator. Click 'Bookmarks' >'Add' Missoula, MOMana Please Note Show This Entry Only The dates displayed beside the field William M. Hoffman rof accreditation correspond to the of initial accreditation in that P.O. Box 7847 field, Missoula, MT 59807 Phone: 1411) 111-1182 Fax: (406) 523-4220 omta. 1"kfoot.net Displaying your accreditation Use of the AAP logo by accredited Mot Mix Asphalt - accredited since 8/1/2001 laboratories is allowed on stationery, T30 T165 T166 T167 T209 T245 T269 T308 - 01074 01075 D2041 D2726 D3203 03666 reports, and websites. You may D5444 D6307 D6926 06927 downloed this ggraphic by right clicking and selecting'Save Picture As..: Holman Consulting Engineers, LLC Amw Missoula, Montana Show This Entry only Christopher J. Holman AFSHTO R18 2614 Murphy Street Missoula, MT 59808 c- q NO EXCEPTIONS NOTERUN D EXCEPTICNS NOTED CON3ULTIWTS INC.l 3ETURN FOR CORRt.ECTION G�:4 CffNICA ENGINEERING 00"TRUCTIOH MATERIAL$ TESTING IRI5'LS RECORD Cr Y n Z to 1 01 W, lfertlgy, ld[tll (......- A{OYL+(tp5F721-21II2 F.lt{1UG15li-A7Y0 Df"1 { _C pEVIEW DOES i -ji OT FELiE�fE CCi•!T`•'.�.0 O F-".1�1 itE RESP0TiSI51LITY FOR ERRORS, ORviS510 +S, �R FR GM CONTRACT' REQO,WgW4019. DEVIATIONS ROBERT PECCIA & ASSOi,1ATES Client. Schellinger Construction Address: PO Box 39 11/4/05 Columbia Falls, MT 59912 Attn: Kyle Schellinger Subject: Kalispell City Airport Bituminous Material Test Results f During the period from August 31, 2005 to September 16, 2005, GMT provided a ce supervisory position for CMG Engineering of Kalispell. By working in c rtified Of CMG Engineering, GMT was able to witness and participate in the °n�unction with the staff E" conducting the quality control and quality assurance testing. Procedures used in f accordance to current ASTM and/or AASHTO practices. b All procedures employed were in GMT has reviewed and concurs with the test findings by CMG Engineers. The enclo _ Bituminous Material Test results for the Kalispell City Ai sores are the Airport 2005. E _ William M. Hoffm , C.E.T. I RECEIVED NIN 1 G ZOOS L__