Agreement to Furnish Engineering ServicesCity of Kalispell
Kalispell City Airpori
AGREEMENT RENGINEERINGR
,o the
CITY OF KALISPELL
IMPROVEMENTS TO THE KALISPELL CITY AIRP011
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 the City of
Kalispell (hereinafter referred to as the Owner) for a project generally described as "Kalispell City -
Preliminary Airport Layout Plan." The improvements to the Kalispell City Airport will generally consist of
the following work items:
Preparation of a Preliminary Airport Layout Plan and Letter Report.
The Engineer agrees to provide required engineering and related services for the Owner's Project. 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.
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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.
C C �
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.
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
Engineering Services Agreement
City of Kalispell
Kalispell City Airport
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. LITIGATION ASSISTANCE
The scope and extent of engineering services to be provided under this Agreement does not include costs of
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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 I 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.
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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
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 i 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,
Engineering Services Agreement
City of Kalispell
Kalispell City Airport
that because of the inherent risks and uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total project cost. No soil or subsurface investigation is
part of this agreement.
C. 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. Since s/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.
D. 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 have been 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 have been incorporated into the record drawings through the negligence or faulty information
of others.
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 I 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 Owners 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. The Engineer may rely upon the accuracy, timeliness, and completeness
of the information provided by the Owner in performing Engineer's services to the Owner.
Engineering Services Agreement
City of Kalispell
Kalispell City Airport
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 right-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.
RIMENU19/11W»li OWIT
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 Owners 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.
F. PROMPT NOTICE
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 Engineers services or any defect in the work of
the Engineer.
A. FORCE MA.IEURE
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.
B. LIMITATION OF LIABILITY
The Owner agrees to limit the Engineer's liability to the Owner and to all contractors, subcontractors, material
suppliers, and all others associated with the project, due to the Engineer's sole negligent acts, errors, or
omissions. The total aggregate liability of Engineer to all those named shall not exceed the Engineer's total
compensation for the services rendered.
C. 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.
Engineering Services Agreement
City of Kalispell
Kalispell City Airport
D. 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.
E. 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.
F. 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.
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.
Engineering Services Agreement S
City of Kalispell
Kalispell City Airport
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.
3. 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.
H. VENUE
In the event of litigation concerning this Agreement, venue shall be in the First Judicial District in and for the
County of Lewis and Clark, 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, Montana
Aeronautics Division, the Federal Aviation Administration (FAA) or authorized representative of the above
during normal working hours.
B. RECORDS
The Engineer shall maintain project and financial records for this project for at least three years after final
payment and closure of the project.
C. REPRODUCIBLE COPIES
Reproducible copies of planning drawings and reports 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 6
City of Kalispell
Kalispell City Airport
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A. AGREEMENT DESCRIPTION
This Agreement (consisting of pages I to 7, inclusive) constitutes 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 April 1996.
CITY OF KALISPELL
1
By
ROBERT PECCIA & ASSOCIATES, INC.
By
President
FILE:\AIRPORTS\KAL-CITY\CONTRAC'IIAIRAGMT. W PF
Engineering Services Agreement
City oZf Kalispell
Kalispell City Airport
TASK ORDER
CITY OF to
for
IMPROVEMENTS TO 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 April _, 1996 (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, will become a supplement to and part of the basic Agreement.
The Engineer will prepare a Preliminary Airport Layout Plan (ALP) and Letter Report in accordance with FAA
Advisory Circular No. 150/5070-6A "Airport Master Plans." The purpose of the ALP is to determine the type
of airport facilities that are appropriate for the Kalispell City Airport based on current and forecast aircraft
activity and how the present airport can be modified to provide the required service and meet FAA standards.
The investigation will be done by an Airport Engineer under the direction of the Advisory Airport Board. The
Engineer will provide technical assistance to the Advisory Airport Board, and the Board will make decisions
and provide direction to the Engineer.
At key steps in the Preliminary ALP, working papers will be prepared by the Engineer, reviewed and approved
by the Board. Work will not continue beyond these steps until the Board has approved each step. These steps
include: 1) establishment of the Airport Reference Code (ARC), 2) concept development and facility
requirements, and 3) runway and taxiway configuration options.
The work elements to be done in the preparation of the Preliminary ALP & Letter Report are as follows:
Work Element I: Inventory and Review Existing Data
Objective:
Collect and utilize existing information on the Kalispell City Airport to the extent it is available so the
characteristics of the airport and the area it serves are defined.
Tasks:
I. Assemble historical records on the airport,
1 Collect information on aviation activity.
3. Inventory airport facilities.
4. Collect demographic, geographic, and economic information.
Task Order Number One TO#1-1
City of Kalispell
Kalispell City Airport
`York Element II: Establishment of Present and Future Airport (deference Code (ARC)
Objective:
Forecast future aviation activity in categories and by time frames such that a reasonable estimate of future
airport use can be made.
Tasks:
1. Analyze population and economic forecasts for area.
2. Establish reasonable expectations of airport use.
3. Forecast based aircraft, and aircraft operations for 5, 10, and 20-year periods.
Work Element III: Facility guirements & Concepts Development
Objective:
Describe the size and type of airport facilities required to meet future aviation traffic and FAA standards at the
Kalispell City Airport. Provide up to three (3) alternatives for Owner consideration.
Tasks:
1. Establish facilities needed to accommodate expected aviation activity and meet FAA standards.
2. Evaluate ability of existing the airport to meet future aviation activity needs.
3. Evaluate runway and taxiway configuration options, based on the following items:
Environmental Consequences
Airspace Assessment
* Airspace Obstructions
* Operational Capabilities
Expandability
* Development Costs
* Ground Access
Compatible Land Use
* Operations and Maintenance
* Public Acceptance
* Wind Coverage
* Instrumentation Capabilities.
Work Element IV: Preliminary Airport Layout Plan
Objective:
Prepare a Preliminary Airport Layout Plan showing existing conditions, and future improvements to the
airport site and describing each phase of development through the 20-year planning period.
Tasks:
I . Translate facility requirements into physical concepts for each proposed improvement.
2. Provide a computer based Preliminary Airport Layout Plan (ALP).
Task Order Number One TO#1-2
City of Kalispell
Kalispell City Airport
Work Element V: Land Ownership and Easements
Objective:
Identify land ownership showing land under the jurisdiction of the City of Kalispell that can be used for airport
activities, and ownership of adjacent land identified for future development needs.
Tasks:
I. Collect information on airport property from the Advisory Airport Board.
2. Review existing information on land ownership to establish land available for airport facilities.
3. Compile tabular information on current land ownership and easements.
Work Element VI: Airspace Limitations
Objective:
Identify any limitations on airspace that may affect airport operations or development.
Tasks:
1. Review airspace adjacent to airport sites in accordance with FAA regulations Part 77 "Objects
Affecting Navigable Airspace."
2. Prepare a Part 77 Airspace Chart and Runway Protection Zone drawing utilizing the best available
information (ie. Quad Maps, Sectional etc.).
Work Element VII: Preliminary Construction Cost Estimates
Objective:
Determine costs of proposed airport improvements, potential sources of revenue, and ability of the City of
Kalispell to finance improvements.
Tasks:
I. Estimate costs of proposed improvements to the airport by individual improvement type.
2. Assess federal and state sources of revenue.
3. Determine financial feasibility of improving the airport, establish priorities, and schedule
improvements based on the "ability to pay."
Products
Working draft paper on establishment of ARC, facility requirements, and RW-TW
configurations (10 copies)
* Preliminary Airport Layout Plan
x Part 77 Airspace Chart
Tabular Property Ownership
* Letter Report with ALP assumptions and applied dimensional standards (10 copies)
Task Order Nuinber One TO#1-3
Croy of Kalispell
Kalispell City Airport
It is anticipated that those services listed above under Task Order Number One are to be completed during the
time period from April 1, 1996 to August 30, 1996.
A. BUDGET
The Engineering fees for services described under Article 1, Scope of Services, will be the lump sum amount
of Five Thousand Six Hundred seventy-four Dollars and No Cents ($ 5,674.00).
B. PAYMENT SCHEDULE
Payment compensation will be made by the Owner to the Engineer on a monthly basis beginning after the
issuance of the Notice -to -Proceed.
The Engineer relies on payments by the Owner when due to meet the Engineer's payroll and other costs of
doing business. Therefore, in the event that the Owner fails to make payment for services within thirty days
after receipt of billing or five days after receipt of the 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 April 1996.
CITY OF KALISPELL
By: nA €
ROBERT PECCIA & ASSOCIATES, INC.
Pr silent
FI I.E:\AIRPORTS\KAL-CITY\CONTRACnTASKONE. W PD
Task Order Number One TO#14
ATTACHMENT 1
ROBERT PECCIA & ASSOCIATES, INC.
ENGINEERING SERVICES CONTRACT
SCHEDULE OF ESTIMATED COSTS
KALISPELL CITY AIRPORT
TASK ORDER NO. 1 - PRELIMINARY ALP -
22-Apr-96
PROJECT PROJECT = CADD ADMIN. TOTAL
wORKITEWSUBTASK MANAGERENGINEER MANAGER.° ASSISTANT PERSON
$23.73 $17.46 $14i00" $10.10 DAYS
PRELIMI 4ABYA1BPDJff LAYOUT PLAN
Inventory and Review Existing Data 0.1 0.5
Establish Present and Future Airport Reference Code (ARC) 0.2
Develop Tables with Standards of Present and Future ARC 0.5
Draw Dimensional Standards on Airport Layout Plan (AERIAL BASE) 0.2 2.0
Develop Part 77 Surface Drawing from best available information (Quad 0.5 1.0
maps, Sectionals, etc.)
Coordination Meetings (Two) with Airport / City / Mont Aeronautics / FAA 2.0
Compile Tablular Information on Current Land Ownership and Easements 0.5
Airspace Limitations 0.1 0.5
Preliminary Construction Cost Estimates 0.1 0.5
Letter Report w/ Preliminary ALP Assumptions, Dimensional Standards an 0.1 0.5
Two Drawings: ALP & Part 77 Surfaces
1.0
1.0
0.5
0.2
0.6
0.2
0.5
3.2
2.5
2.0
0.5
0.6
1.1
0.8
TOTAL PERSON -DAYS: 3.1 6.2 210 0.7 12.0
CALCULATE PERSON -HOURS: 24.8 49.6 16.0 5.6 96.0
LABOR COST PER EMPLOYEE: $588.50 $866.09 $223.94 $56.57 $1,735.10
DIRECT EXPENSES
Subcontracted Services (Aerial Photography - USE EXISTING)
NA
Subcontracted Services (Cultural Resource Survey - later phase)
NA
Subcontracted Services (Noise Analysis - later phase)
NA
Subcontracted Services (Topogrphic Surveys - later phase)
NA
Mileage
$240.00
Per Diem
$45.00
Telephone and Fax
$50.00
Equipment (Computers)
$250.00
Printing (22" X 36" ALP - 2 drawings - 10 sets)
$50.00
Total:
$635.00
SUMMARY OF ENGINEERING SERVICES
Direct Labor
$1,735.10
Overhead (1.5 X Direct Labor)
$2,602.65
Subtotal Labor Cost:
$4,337.75
Direct Expenses
$635.00
Subtotal Project Costs:
$4,972.75
Fixed Fee
$750.27
Total Engineering Fee $5,674.00
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