Airport Authority Agenda and InformationCITY OF KALISPELL
AIRPORT AUTHORITY BOARD
Meeting Agenda
March 16, 1998
1. By Laws
2. Report & Approval of Morrison-Maierle Contract
BY LAWS OF KALISPELL CITY
AIRPORT AUTHORITY
ARTICLS_I
AUTHORIZATION
The Kalispell City Airport Authority was created by Resolution
No. 4313 on January 21, 1997, adopted by the Kalispell City Council
of the City of Kalispell, Montana, pursuant to the authority
contained under Title 67, Chapter 11, Parts 1, 2, and 3 Montana
Code Annotated.
PURPOSE
The Kalispell City Airport Authority shall have the purpose of
planning, acquiring, establishing, developing, constructing,
enlarging, improving, maintaining, equipping, regulating,
protecting and policing of the Kalispell City Airport.
ARTICLE III
MEMBERSHIP
The Authority shall consist of eight (8) City Council Members
and the City Mayor. The respective terms of members of the
Authority shall coincide with their terms on the Council.
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ARTICLE IV
POWERS
In accordance with Resolution No. 4313 the Kalispell City
Airport Authority shall have all powers granted to such authorities
by Title 67, Chapter 11 Montana Code Annotated. The Authority
shall have management and control of the Kalispell City Airport.
OFFICERS
The Mayor shall act as the Chairman of the Authority Board.
The Authority board shall elect a vice-chairman and other officers
as the Authority may from time to time require. The City Clerk of
Council shall serve as Secretary for the Authority.
The Chairman shall, preside at all meetings of the Authority,
sign documents and warrants in the name of and on behalf of the
Authority, appoint committees as necessary, and perform all other
duties as herein prescribed or directed by Board action.
The Vice -Chairman shall have authority to exercise the duties
of the Chairman in the absence of the Chairman.
The Secretary shall record all proceedings of the Authority
including keeping minutes of all meetings. The Secretary shall
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have custody of all records of the Authority and shall perform such
other duties as prescribed by the Authority.
MEETINGS AND VOTING
Regular meetings of the Authority shall be held monthly on the
third Monday of each month, following the Regular City Council
Meeting at the Kalispell City Hall Council Chambers or as otherwise
arranged and noticed in advance by the Chairman and Secretary.
t Special meeting may be called by the Chairman, or a majority
of the Board. Notice of special meetings shall be given to each
Board Member and to the Secretary at least twenty-four (24) hours
prior to any special meeting.
Rules, Regulations, and Polices, promulgated by the Authority
Board, shall be by Resolution adopted by affirmative voted'Of a
majority of the Board. Directives, procedural matters, and other
issues)rmay be acted upon by motion adopted by affirmative vote of
a majority of the Board present at any meeting at which a quorum
exists.
A majority of the Authority Board shall constitute a quorum
and a quorum shall be required for the transaction of business at
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�V
any meeting. . Each Board Member shallVone vote, except the Chairman
w�_shall vote only to break a tie vote. Roberts Rules of
Order shall apply in all parliamentary matters.
ARTICLE VII
SEAL
The Authority shall adopt and use on appropriate documents an
embossed seal which shall contain the words "Kalispell City Airport
Authority".
r
ARTICLE VI II
These By Laws may be amended at any meeting of the Authority
by the affirmative vote of two-thirds (2/3) vote of all Members,
provided however, that any amendment proposed shall be submitted in
writing to all Board Members at ieas:_ ten (10) days prior to the
meeting upon which the amendment =. Troposed to be acted upon.
These By Laws are hereby adopted and attested to this day
of March, 1998, by the Authority Board Members.
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Councilman Ron Van Natta
Councilman Dale 8aarr
Councilman Jim Atkinson
Councilman Doug Scarff
Councilman Gary W. Nystul
Councilman Norbert F. Donahue
Councilman John Graves
Councilman Duane Larson
Mayor William S. Boharski
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M-M Contract No. 0387.024-010-0113
FAA AIP NO. 3-30-0043-01
AGREEMENT FOR PROFESSIONAL AIRPORT PLANNING SERVICES
BETWEEN OWNER AND ENGINEER
THIS IS AN AGREEMENT made as of , 1998 between the OWNER; City of
Kalispell, P.O. Box 8057, Kalispell, MT 59904-1057 and the ENGINEER; Morrison-Maierle,
Inc., 221 Parkway Drive, Kalispell, MT 59904-0157.
WHEREAS the OWNER considers it essential that an Airport Master Plan for Kalispell City
Airport be prepared and that this Master Plan be hereinafter referred to as the "PLAN", and
The OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect
to the performance of professional airport planning services by ENGINEER and the payment for
those services by OWNER as set forth in this agreement.
The ENGINEER shall provide professional airport planning services for OWNER in all phases
of the Plan to which this Agreement applies, serve as OWNER'S professional planning
representative for the Plan as set forth below and shall give professional planning consultation and
advice to OWNER during the performance of services hereunder.
The intent of the Plan is to prepare a Feasibility Study and Master Plan for Kalispell City Airport
to meet Federal Aviation Administration criteria and to accommodate present and future aviation
activity. The Plan will provide guidance for future airport development.
This AGREEMENT (consisting of pages 1 to 24, inclusive), together with any specifically noted
attachments, if any, constitute the entire agreement between OWNER and ENGINEER and
supersede all prior written or oral understandings. This Agreement may only be amended,
supplemented, modified or canceled by a duly executed written instrument.
I
Page 1 of 24
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first above written.
OWNER:
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Signature
Title
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Page 2 of 24
ENGINEER:
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Signature
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Title
INDEX
OWNER - ENGINEER AGREEMENT
This Agreement includes the following parts:
Signature Pages
Index
Section 1 ENGINEER'S RESPONSIBILITIES
Section 2 SCOPE OF SERVICES
2.1 Study Design
2.2 Administration and Control
2.3 Phase I - Feasibility Level Report
2.4 Phase H - Airport Master Plan for Current Airport Site
2.5 Additional Services
OWNER'S RESPONSIBILITIES
TIME OF PERFORMANCE
PAYMENT TO ENGINEER
GENERAL PROVISIONS
6.1 Changes
6.2 Termination
6.3 Reuse of Documents
6.4 Estimate of Construction Costs
6.5 Remedies
6.6 Access to Records
6.7 Subcontracts
6.8 Affirmative Action Plan
6.9 Covenant Against Contingent Fees
6.10 Successors and Assigns
Page 3 of 24
6.11
Limitation of Cost
6.12
General Compliance with Laws
6.13
Project Staff
6.14
FAA Acceptance Statement
6.15
Dispute Resolution
r
Page 4 of 24
Section 1 ENGINEER'S RESPONSIBILITY
1.1 The Engineer shall serve as the Owner's professional representative for the items of work
set forth on Page 1 of this contract, and as specified in Section 2.
1.2 The Engineer shall perform all work in compliance with FAA requirements where
applicable and shall be responsible for all professional quality, technical accuracy and the
coordination of all designs, drawings, reports, and other services furnished by the Engineer under
this Agreement.
Neither the Owner's nor the FAA's review, approval or acceptance of, nor payment for, any of
the services shall be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement, and the Engineer shall be and
remain liable in accordance with applicable law for all damages to the Owner caused by the
Engineer's negligent performance of any of the services furnished under this Agreement. The
rights and remedies of the Owner provided for under this Agreement are in addition to any other
rights provided by law.
Section 2 SCOPE OF SERVICES
1 1t
A. Objective:
To develop a comprehensive study design for the preparation of the Kalispell City Airport Master
Plan (1998), including cost by element and by consultant and schedule for deliverables.
B. Description:
A number of topics have been presented for consideration in the Master Plan preparation. Close
coordination between the City (Airport) Manager, the FAA, Montana Division of Aeronautics
(MDA) and the consultant team will be required to develop an acceptable scope of work. The
project manager will coordinate all phases of the study and will have the responsibility of
scheduling the expertise required to successfully complete the project on time and within the
budget. Morrison-Maierle will provide technical direction for the project and be instrumental in
planning and designing the project approach. Subconsultart personnel will provide specific
planning on the evaluation of KGEZ Broadcast Radio Tower Alternatives related to the Radio
Towers and Glacier Park International Airport. FAA Airport District Office (ADO) will
coordinate with respective FAA divisions the evaluation of Airspace Issues related to the
preferred/recommended Radio Tower Alternative and conflicts with Glacier Park International
Airport. The tasks and deadlines will be controlled to provide a consistent and smooth -flowing
project. The project will be conducted in accordance with Federal Aviation Administration (FAA)
Advisory Circulars 15015070-6A, Ai=rt Master Plans and 150/5300-13, Ai=rt Design except
is follows:
Page 5 of 24
The FAA has directed that P.has€I of the Airport Master Plan will be a feasibility level report
comparing the cost of upgrading the current airport to ultimate ARC B-II Utility Airport Standards
with construction of a new B-II Utility Airport at a "generic' site in the vicinity of Kalispell.
At the completion of Phase I Report, the FAA and the Owner with input from the MDA, will
make a determination to complete the Airport Master Planning process for the existing site.
Phase II of the Airport Master Plan will be the FAA 'classic" master plan of the existing site.
C. Products:
Phase I Work Program including study organization chart, study flow chart, schedules and costs.
..FTI KO t t
A. Objective:
To direct and coordinate the study, and to administer the grant and project finances. To make
appropriate progress reports to the City and FAA.
B. Description:
The consultant team's administrative and technical managers will manage the consulting efforts
and coordinate with their counterparts at the City, FAA and MDA in the administration of the
study grant.
C. Products:
FAA applications for reimbursement and processing of progress payments.
2.3 Phase I - Feasibility Level Reprt
A. Objective:
To complete a feasibility level report comparing the cost of upgrading the existing airport to B-II
Utility Airport standards with the costs of developing a B-11 Utility Airport at a "generic" site near
the City of Kalispell.
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B. Description:
Much of the data required for the feasibility level report exists in previous studies including:
1979 TAP, Inc., "Mini Master PIan"
1993 Kalispell City Airport Neighborhood Plan
1996 Kalispell City Airport Redevelopment Plan
1996 Preliminary Airport Layout Plan Drawings
Inventory of existing based and itinerant aircraft will be used in Phase I to confirm current facility
requirements and dimensional standards. The feasibility level report will include the inventory
and data collection noted and, will provide verification of data contained in the above reports.
Forecasting analysis will be performed under Phase II. A B-II Utility Airport is currently assumed
as the ultimate development with facility requirements (airside and groundside) based on that
premises.
Coordination with Montana DOT/FHWA will be provided to obtain information regarding the
proposed changes to Highway 93 and the potential impacts to the Kalispell City Airport.
(1) AM Tower Evaluation
The KGEZ radio towers and their impact on the existing site will be evaluated. Issues to be
addressed relative to the towers' location include modifying the towers or relocating the towers
as may be compared to reorienting or relocating the runway_ Alternatives affecting the towers'
location will be identified and developed in close consultation with KGEZ radio station. The
evaluation of tower alternatives will incorporate the following:
• Identification of requirements to meet FCC rules for coverage of the area.
• Lowering the towers. The option of lowering the height of the towers will be
investigated. (It may be possible to lower the towers and compensate for the
resulting loss of power by increasing the transmitter power and still meet the
minimum efficiency set by the FCC. This may involve techniques, such as top
loading the towers, to maintain efficiency. Since 1992, stations are no longer
limited to 5000 watts.)
• Relocation of the towers. The tower site requires sufficient area to accommodate
the ground system which could be approximately 15 or more acres. The location
and orientation of the site is important in meeting coverage requirements. The
general location and land area requirements will be identified.
• Share a site with other towers in the area. (It is possible for stations to share sites
and to share towers.)
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• Benefits to KGEZ operation will be explored with the station owners to determine
if there are any potential benefits to the station which may be considered as part
of any modification to their operation resulting from the proposed airport
improvements. (it is possible that the station could take advantage of any new
application process to upgrade their operation, possibly to increase their broadcast
power.)
(2) Air Space Analysis
The air space analysis will be performed by FAA division personnel. In addition to the issues of
marking and lighting the towers an analysis will be made of the effect of the towers on landing
or takeoff minimum should non -precision instrument approaches (NDB/GPS) be a future
consideration.
Marking and lighting of the towers is not an acceptable alternative to lowering or removing the
obstruction from the runway approach surface if federal fiends are to be used for airport
development.
Any potential conflict with Glacier Park International Airport instrument procedures will also be
evaluated.
(3) Forecasts will be addressed in Phase H.
(4) Land acquisition costs associated with both the expansion of the existing site
to B-H standards and the acquisition of a "generic B-H Airport' in the vicinity of Kalispell will
be estimated. The City of Kalispell, Community Development Staff will assist in establishing an
estimate of fair market value of the properties to be evaluated, by providing comparable sales
information, zoning information or tax valuation information.
(5) Cost Estimates
Airport construction engineering and other infrastructure costs, including AM Tower alternatives,
associated with the expansion of Kalispell City Airport and the development of a new generic
airport site will be estimated and summarized.
(6) An Environmental Overview identifying the environmental issues associated
with the continued development of Kalispell City Airport and the "generic" airport site will be
developed.
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C. Products:
(1) A Phase I - Feasibility Level Report detailing the findings of the above
studies.
(2) One public meeting to obtain input from interested parties and to present
findings.
A. General:
Depending on the results of the Phase I Study, the Airport Master Plan will be developed for the
present airport site. The Phase II scope of work will include the classic elements of an FAA
Master Plan including:
B. Inventory
This section will be completed in Phase I. The information collected in Phase I will be
incorporated into this Phase.
Continuing coordination will be provided with Montana DOT and the Federal Highway
Administration regarding potential changes to Highway 93 near the Kalispell City Airport.
C. Forecasts of Aviation Demand
1. Objective:
To determine types and number of General Aviation users expected to utilize the airport
throughout the 20 year planning period.
2. Description:
Aviation demand forecasts serve as an important background from which to plan airport
improvement needs. The term "aviation demand forecast" includes general aviation and charter
flight activity, and all aspects of aeronautical activity on the airport. This includes all forms of
general aviation and associated operations, military operations, forest service, related businesses,
service transportation, industrial activity, and any other area of activity taking place at the airport
as a result of its location and its traffic patterns. A local and itinerant split will be shown for all
categories of forecast operations.
The Master Plan will provide updated year -by -year short forecasts as well as intermediate
And long-range forecasts of activity. Year -by -year projections will be updated for each year 1998
Page 9 of 24
through 2018 and then point projects made for 2003 and 2013.
The aviation demand forecasts update will be based on published airport activity statistics
and projections made in conjunction with the Montana Aviation System Plan. These statists will
be compared to forecasts prepared by FAA and refused based on recent changes in aviation
activity.
Narrative material will be provided within the study to outline the methodology used to
update the traffic forecasts and aviation demand. The traffic forecasts and projected aviation
demand will be coordinated and discussed with the commercial airlines serving the area, the fixed
base operators, FAA, the State Aeronautics Division and any airport users in the trade area who
have particular knowledge in specific areas of activity.
3. Products:
Internal working documents.
Published forecasts including, based aircraft, operations (local and itinerant), etc., for the
planning period.
D. Facility Requirements
1. Objective:
To analyze the data in the inventory and forecast sections and determine what specific
items of development are needed to meet forecast demands.
2. Description:
This element of the Master Plan will provide an updated list of all requirements by item
for facility improvements to all areas of the airport. It will consider all aspects of runways in
terms of length and strength, associated taxiways areas, aprons and pavement. Requirements for
storage service and handling, fueling of aircraft and maintenance facilities will be reviewed.
General aviation facilities including aprons, auto parking, tiedowns, hangars and access will be
addressed. Wind data available from Glacier Park International Airport will be reviewed along
with wind observation information from local users of the airport.
The appropriate Airport Reference Code (ARC) will be recommended in this study, based
upon forecast demand and airport role. The critical aircraft will be identified (if necessary, by
approach category, by wingspan, and/or by weight, for different airport components). A table
listing all deviations from current FAA design standards pertaining to the recommended ARC will
ae provided in the report, including proposed disposition of the deviations. Disposition will entail
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recommended development and/or recommended FAA approval of modification to dimensional
standards will be provided with the Facility Requirements working paper, and included as an
appendix in the final Master Plan Report.
E. Site Assessment
1. Objective:
The site assessment will outline and evaluate those changes to the exiting facility layout
that are required to meet separation criteria contained in AC 150/5300-13 for the existing and
planned ARC for the airport. This assessment will consider the exiting sites ability to be adapted
to accommodate associated physical separations (runway/mxiway/buildings, etc.) required
throughout the panning period, specifically as they relate to FAA separation criteria.
2. Description
Following Owner and FAA concurrence in the recommendation of the existing site and
environmental finding, the Airport Site Investigation shall be made as per FAA Order NM
5030.1B. The objective of this section is to receive FAA approval of the recommended site.
1. The existing site will be analyzed and development alternatives will be presented in order to
provide for the optimum development of the site.
2. Address all items covered in NM Order 5030.1B "Airport Site Investigation and Approval".
Environmental Overview will completed during the Phase II part of this study. The overview
address all environmental issues resulting from public input at public informational meetings held
during Phase H.
F. Airport Layout Plan
1. Objective:
Analyze the airport and make recommendations on how best to develop it to its optimum
potential to meet the future needs.
2. Description:
Produce an ALP drawing set in accordance with FAA Airport Layout Plan Checklist.
Designation of general aviation terminal/FBO areas, T-hangar areas and public ramp areas will
be made. This will include an analysis of all activities and future development potential of the
airport. In addition, alternate concepts will be developed and prepared for general aviation areas
;,onsidering initial costs, O & M costs, aesthetics and airport revenue.
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The GA area development concepts will address airport access and "through the fence
operations" alternatives including fencing alternatives and revenue generation from adjacent
airport users and FBO's.
Review the current land use in the area and any plans available from the City, as required
to meet current and projected traffic. Revise existing plan as required to designate areas for
commercial buildings, fixed base operations, general aviation, airport parking, airport access,
recreation sites, airport buffer zones and other improvements as may be determined appropriate.
Designate areas identified by the Integrated Noise Model for 65 and 70 LDN contours.
Land use will also be considered outside the airport boundaries to include those areas
affected by the RPZ for the airport and areas which will be affected by noise from the airport.
The land use plan will not provide for specific layout plans of areas outside of the airport,
but will suggest advantages and disadvantages to the development of certain locations outside the
airport boundaries. This should then be considered in the future planning and zoning of these
areas by those charged with this responsibility. Suggestions for such plans and zoning will be
made as a part of the land use plan, recognizing that the planning and zoning itself will not be
made a specific part of this study.
The draft airport layout plan (ALP) set will be accompanied by a completed FAA ALP
Checklist. On the ALP drawing, all existing and proposed modifications of FAA design standards
will be identified, and rationale provided for any proposed modifications. An obstruction
removal/disposition able will be furnished if needed.
3. Products:
A chapter in the Master Plan document discussing the alternatives and the rationale for the
recommended plans.
Airport Layout Plan Drawings include: Airport Layout Drawing, Airport Airspace
Drawing and Part 77 Approach Drawing, RPZ Drawing, Land Use Drawing, "Exhibit A"
Property Drawing..
�e��•�'T�17'4l �rY y �� . .
1. Objective:
Develop schedules and cost estimates for proposed capital improvements.
Page 12 of 24
2. Description:
The Master Plan will review and update a schedule of proposed development of new and
expanded facilities. Stage development will be considered whenever possible in terms of making
the necessary adjustments in facilities consistent with aviation demand.
All drawings in the Master Plan will clearly indicate the recommended stages for the
improvement of facilities that are projected in the plan. Figures, tables and narration will also be
updated and provided to identify the proposed schedule of development.
Construction cost estimates will be updated and provided in the report for all areas of
improvement suggested in the Airport Master Plan. These cost estimates will be related directly
to the proposed staged schedule of development of improvements and expansion plans and will
be prepared for each year of the first five year period with the base year being 1997/1998.
Thereafter, development costs will be grouped in a five and ten year period.
3. Products:
Chapter in Master Plan
G. Public Presentations and Meetings
1. Objective:
To provide the City, State, and Federal governments, aviation interest groups and the
general public, the opportunity to contribute, review and comment on the updating of the Master
Plan as it takes place. To coordinate the study with appropriate agencies.
2. Description:
Public Involvement will include the following:
Three public workshops
Six Airport Advisory Board meetings
One Public Hearing - Airport Plan
Products:
Public Workshops - three public workshops will be held to receive public input.
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a. The first will be held early in the project after the forecast section has been
completed. Results of the data collection and forecasts will be presented
along with a description of the planning process. The purpose of the
workshop is to receive input on issues, concerns and suggestions of
alternatives. A comparison of the existing facility with FAA design
standards will be included in the presentation.
b. The second workshop will be held to present the range of alternatives and
receive input on them from the public-
C
. The third workshop will be held after the costs and schedules section has
been completed.
Airport Advisory Board Meetings - up to six Airport Advisory Board meetings will be held
to provide input and approvals of interim work products to MMI.
a. The first meeting will be held prior to the first public workshop.
b. The second meeting will be held prior to the second workshop.
C. The third meeting will occur prior to the third public workshop.
d. The fourth meeting will occur after the third public workshop.
e. The fifth and sixth meetings will occur during the production of the Airport
Layout Plan.
The Advisory Board is also free to have meetings beyond the consultant's scope.
A user survey of airport users will be conducted. A survey questionnaire will be
developed and distributed. The responses will be evaluated an summarized.
H. Reports and Publications
1. Objective:
To document the planning process by published technical reports and supporting
publications such as drafts, briefing papers and summaries.
2. Description:
This task provides for final editing, word processing and graphic work, printing and
distribution of final products of the planning process. Writing and review of preliminary drafts
is provided for in the work elements themselves.
3. Products:
Airport Layout Plan Drawings
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Master Plan Report (Specific sections published separately if warranted).
A draft Master Plan Report shall be submitted to the sponsor and FAA for review and
comments. Copies shall be made available to the public for review. A maximum of 15 draft
reports will be printed.
A final report shall be issued when review of the draft Master Plan Report is completed.
Reduced drawings (8-1/2" x 11 and 11" x 17") of the Airport Layout Plans shall be incorporated
into the study for easy reference. A full set of plans and reproducibles shall be provided to the
City. A maximum of 50 copies of the final report shall be printed. The City will be furnished
a computer disk(s) of the drawings. The following submittals will be made to FAA.
Working papers/draft reports
-2
Master Plan/ALP Checklists
-2
Final Master Plan Report
-2
Draft ALP set
-6
Final ALP set (prints)
-5
Final ALP set (sepias or mylars)
-1
2.5 Additional Services
authorized in writing by the Owner, the Engineer shall provide additional professional services
in connection with the Plan as set forth below, and the Owner shall pay the Engineer a fee
negotiated for the extra services provided. Original planning grant agreements cannot be
amended, therefore, federal funding for additional work items would require FAA approval and
preparation of a new grant application.
2.5.1 Services due to changes in the scope of the Plan or its design.
2.5.2 Revising the Plan, reports, or drawings which have previously been approved by the
OWNER, or when such revisions are due to causes beyond the control of the Engineer.
2.5.3 Preparation of detailed renderings, exhibits or scale models for the Plan.
2.5.4 Providing special analysis of the Owner's need such as owning and operating analysis,
staffing and training, special operating drawings or charts, and any other similar analysis.
2.5.5 Providing services as an expert witness for the Owner in connection with litigation or other
proceedings involving the Plan.
2.5.6 Providing other services not otherwise provided for in this Agreement.
Page 15 of 24
2.5.7 Provide cost estimates for development of a B-I Airport at the existing site of the Kalispell
city Airport for the lump sum payment of $2000.00. This development of costs for a B-I
Airport is not eligible for federal funds.
Section 3 OWNER'S RESPONSIBILITIES
The OWNER shall:
3.1 Provide full information as to the requirements for the Plan.
3.2 Place at the Engineer's disposal all available information pertinent to the Plan including
previous reports and any other data relative to the Plan.
3.3 Assist the Engineer in obtaining access to public and private property as required for
performance of the Plan.
3.4 Examine all studies, reports, sketches, drawings, proposals and other documents presented
by the Engineer, obtain advise of an attorney, insurance counselor and other consultants as the
Owner deems appropriate for such examination and render in writing decisions pertaining thereto
within ten days so as not to delay the services of the Engineer.
3.5 Provide such legal, accounting, independent cost estimating, land cost evaluation, and
insurance counseling services as may be required for the Plan.
3.6 Designate in writing a person to act as the Owner's Representative with respect to the
Engineers' services. Such person shall have complete authority to transmit instruction, receive
information, and interpret and define the Owner's policies pertinent to the Engineer's services.
3.7 Give prompt written notice to the Engineer whenever the Owner observes or otherwise
becomes aware of any defect in the Plan, or changed circums nces.
3.8 Furnish, or direct the Engineer to provide necessary additional services as required.
3.9 Bear all costs incidental to compliance with the requirements of this Section.
Section 4 TBM OF PERFORMANCE
4.1 The provisions of this Section and the various rates of compensation for the Engineer's
services provided for in this Agreement have been agreed to in anticipation of the orderly and
continuous progress of the Plan. The Engineer's obligation to render services hereunder shall
extend for a period which may reasonably be required to provide the services.
4.2 If the Engineer's services for the Plan are delayed or suspended in whole or in part by the
Page 16 of 24
Owner or governmental authorities for more than three months for reasons beyond the Engineer's
control, the Engineer shall on written request to the Owner (but without termination of this
Agreement) be paid as provided in Section 5. If such delay or suspension extends for more than
six months for reasons beyond the Engineer's control, the payments and various rates of
compensation provided for in Section 5 shall be subject to renegotiation.
4.3 Services shall be provided by Engineer in accordance with a schedule to be provided upon
Notice to Proceed..
Section 5 PAYMENT TO ENGINEER
5.1 In payment for services covered by this contract and for all work connected with Phase I
services therewith, the OWNER shall pay the ENGINEER a lump sum fee of $46,409.00.
In payment for services covered by this contract and for all work connected with Phase II
services therewith, the OWNER shall pay the ENGINEER a lump sum fee of $81,400.00.
5.2 The OWNER shall make periodic progress payments to the ENGINEER upon receipt of
the Engineer's Billing statements.
5.3 The ENGINEER shall submit a progress report along with each billing statement. The
amount of the statement will be in direct relationship to the percentage of total project services
completed as of that date.
5.4 Final payment shall be made by the OWNER to the ENGINEER following completion of
the Plan and approval of the Plan by the OWNER and the Federal Aviation Administration.
5.5 A detailed breakdown of the budget is attached.
5.6 Additional Services shall be negotiated on a case by case basis. See paragraph 2.5.
Section 6 - GENERAL PROVISIONS
MEMMOMM=M
The Owner may, at any time by written order, make changes within the general scope of the
Agreement in the services to be provided. If such changes cause an increase or decrease in
Engineer's costs of, or time required for, performance of any services, an equitable adjustment
shall be made and the Agreement shall be modified in writing accordingly. Any claim of
Engineer for adjustment must be asserted in writing within 30 days from the date of receipt by
Engineer of the notification of change unless Owner grants a further period of time.
6.2 Termination
5.2.1 This Agreement may be terminated in whole or in part in writing by either party in the
Page 17 of 24
event of substantial failure by the other party to fulfill its obligations under this Agreement
through no fault of the terminating party, provided that no such termination may be effected unless
the other party is given (i) not less than ten (10) days written notice (delivered by certified mail,
return receipt requested) of intent to terminate and (ii) an opportunity for consultation with the
terminating party prior to termination.
6.2.2 This Agreement may be terminated in whole or in part in writing by Owner for its
convenience. If such termination is effected by Owner, or if termination is effected by Engineer,
under 6.2.1 above an equitable adjustment in the price provided in this Agreement shall be made
to include the costs or expenses incurred by the Engineer due to the termination, but no amount
shall be allowed for anticipated profit on unperformed services or other work. The adjustment
in payment shall include all termination costs or expenses incurred by Engineer.
6.2.3 Upon receipt of a termination action pursuant to 6.2 Engineer shall (i) immediately
discontinue all services affected (unless the notice directs otherwise); and (ii) deliver or otherwise
make available to Owner all data, drawings, specifications, reports, estimates, summaries, and
such other information and materials as may have been accumulated by Engineer in performing
the services under this Agreement, whether completed or in process.
6.2.4 Upon termination pursuant to 6.2 Owner may take over the Project and prosecute the
same to completion by contract or otherwise. If the termination was based upon Engineer's
failure to fulfill the terms of the Agreement, Engineer shall be liable to Owner for any additional
cost for professional services required to complete the Project.
6.2.5 If, after termination for failure of Engineer to fulfill the terms of this Agreement, it is
determined that Engineer had not so failed, the termination shall be deemed to have been effected
for the convenience of Owner. In such event, an equitable adjustment in the price provided for
in this Agreement shall be made.
6.2.6 The rights and remedies of Owner and Engineer provided in 6.2 are in addition to any
other rights and remedies provided by law or under this Agreement.
6.3 Reuse of Documents
Original documents, such a tracings, plans specifications, maps basic survey notes and sketches,
charts, computations and other data prepared or obtained under the terms of the contract, are
instrument of service and shall remain the property of the Engineer. One (1) reproducible copy
of each drawing and copies of other pertinent data shall be made available to the Owner upon
request.
No limitation is placed on the subsequent use of preliminary plans, planning documents or ideas,
.iowever, any reuse of the documents shall be at the Owner's sole risk without liability or legal
Page 18 of 24
exposure to the Engineer.
Since Engineer has no control over the cost of labor, materials or equipment, or over the
construction Contractor(s) methods of determining prices, or over competitive bidding or market
conditions, the Engineer opinions of probable Project Cost or Construction Cost provided for
herein are to be made on the basis of his experience and qualifications and represent the
Engineer's best judgment as a design professional familiar with the construction industry, but the
Engineer cannot and does not guarantee that proposals, bids or the Construction Cost shall not
vary from opinions of probable cost prepared . If Owner wishes greater assurance as to the
Construction Cost he shall employ an independent cost estimator.
MNINFA-7177-TIT
Except as may be otherwise provided in this Agreement, or as the parties hereto may otherwise
agree, all claims, counter -claims, disputes and other matters in question between Owner and
Engineer arising out of or relating to this Agreement or the breach thereof shall be decided by a
court of law.
6.6.1 The Engineer shall maintain books, records, documents and other evidence directly
pertinent to performance of work under this Agreement in accordance with accepted professional
practice and appropriate accounting procedures and practices. The Comptroller General of the
United States, the United States Department of Labor, Owner, and the Federal Aviation
Administration or any of their duly authorized representatives shall have access to such books,
records, documents, and other evidence for the purpose of inspection, audit and copying. The
Engineer shall provide proper facilities for such access and inspection.
6.6.2 The Engineer agrees to include in all subcontracts directly related to the Project which
are in excess of $10,000, the provisions of this Section 6.7.
6.6.3 Audits conducted pursuant to this provision shall be in accordance with generally accepted
auditing standards and established procedures and guidelines of the reviewing or audit agency(ies).
The Engineer agrees to the disclosure of all information and reports resulting from access to
records pursuant to 6.7 to any of the agencies referred to in this Section. In those cases where
audit concerns Engineer, the auditing agency shall afford Engineer an opportunity for an audit exit
conference, and an opportunity to comment on the pertinent portions of the draft audit report.
The final audit report shall include the written comments, if any, of Engineer.
6.6.4 Records under this Section shall be maintained and made available during performance of
the work under this Agreement and until three years from date of final payment for the Project.
Page 19 of 24
In addition, those records which relate to any "Dispute" appeal under an Agreement, or litigation,
or the settlement of claims arising out of such performance, or costs or items to which an audit
exception has been taken, shall be maintained and made available until three years after the date
of resolution of such appeal, litigation, claim or exception.
6.7 Subcontracts
6.7.1 Any subcontractors required by Engineer in connection with the services covered by this
Agreement shall be limited to such individuals or firms as were specifically identified and agreed
to during negotiations, or as authorized by Owner performance of this Agreement. Any changes
or such subcontractors shall be subject to the prior approval of Owner.
The Engineer assures that it has adopted an affirmative action program as required by 14 CFR
Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national
origin, or sex be excluded from participating in any or receiving the services or benefits of any
program or activity covered by this subject. The Engineer assures that it shall require that its
covered suborganizations provide assurances to the Engineer that they similarly have or shall
under take affirmative action programs and that they shall require assurances from their
suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect.
6.9 Covenant Against Contingent Fee
The Engineer warrants that no person or selling agency has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees. For breach or violation of this
warranty Owner has the right to annul this Agreement without liability or in its discretion to
deduct from the Agreement price or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
6.10 Successors and Assigns
Owner and Engineer each binds himself and his partners, successors, executors, administrators
and assigns to the other party of this Agreement and to the partners, successors, executors,
administrators and assigns of such other party, in respect of all covenants of this Agreement;
except as above, neither Owner nor Engineer shall assign, sublet, or transfer his interest in this
Agreement without the written consent of the other. Nothing herein shall be construed as creating
any personal liability on the part of any officer or agent of any public body which may be a party
hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than
Owner and Engineer.
6.11 Limitation of Cost
Page 20 of 24
The total cost to the Owner for the performance cost reimbursable phase of this contract shall not
exceed the estimated cost set forth in this Contract without prior approval of the Owner. The
Engineer agrees to use his best efforts to perform the work specified in, and all obligations under,
the contract within such estimated cost. If the Engineer has reason to believe that the total cost to
the Owner for work under this Contract shall exceed the contract amount , the Engineer shall
inform the Owner, in writing of such and submit a revised contract cost for approval.
The Owner shall not be obligated to reimburse the Engineer for costs incurred in excess of the
estimated cost set forth in this Contract and the Engineer shall not be obligated to continue
performance under the contract or to incur costs in excess of the estimated cost set forth in this
Contract unless and until the Owner has notified the Engineer in writing that the contract amount
has been amended and shall have specified in such notice a revised estimated cost which shall
thereupon constitute the estimated cost of performance of this contract.
The ENGINEER shall comply with the provisions of labor laws and all federal laws, state last and
local statutes, ordinance and regulations that are applicable to the performance of this contract.
During the performance of this contract, the ENGINEER, for itself, its assignees and successors
in interest agrees as follows:
(1) Compliance with Regulations. The ENGINEER shall comply with the
Regulations relative to nondiscrimination in Federally -assisted programs of the
Department of Transportation hereinafter ("DOT") Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
(2) Nondiscrimination. The ENGINEER with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The ENGINEER shall not
participate either directly or indirectly in discrimination prohibited by Section 21.5
of the Regulations including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made
by the ENGINEER for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the ENGINEER of the ENGINEER'S obligations
under this contract and the regulations relative to nondiscrimination on the grounds
Page 21 of 24
of race, color, or national origin.
(4) Information and Reports. The ENGINEER shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Owner or the Federal Aviation
Administration 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 famish this information,
the ENGINEER shall so certify to the OWNER or the Federal Aviation
Administration as appropriate, and shall set forth what efforts it has made to obtain
the information. Upon completion of the project, the Engineer shall furnish a
complete set of reproducible plates and plans to the OWNER.
(5) Sanctions for Noncompliance. In the event of the ENGINEER'S noncompliance
with the nondiscrimination provisions of this contract, the OWNER shall impose
such contract sanctions as it or the Federal Aviation Administration may determine
to be appropriate, including, but not limited to:
(a) withholding of payments to the ENGINEER under the contract until the
ENGINEER complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions. The ENGINEER shall include the provisions of
paragraphs (1) through (5) in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the Regulations or
directives issued pursuant thereto. The ENGINEER shall take such action, with
respect to any subcontract or procurement, as the OWNER or the Federal Aviation
Administration may direct as a means of enforcing such provisions including
sanctions for 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 interest of the
United States.
It is understood and agreed that all work included in this project will be
accomplished in accordance with Federal Aviation Regulations and the Airport
Master Planning Grant Agreement, and that the ENGINEER will conform to all
Federal Aviation Administration criteria.
Page 22 of 24
(7) Policy. It is the policy of the Department of Transportation (DOT) that minority
business enterprises as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in
part with Federal funds under this Agreement. Consequently, the MBD
requirements of 49 CFR apply to this Agreement.
(8) DBE Obligation. The ENGINEER agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole or
in part with Federal funds provided under this Agreement. In this regard, all
contractors shall take all necessary and reasonable steps in accordance with 49
CFR Part 23 to ensure that disadvantaged business enterprises have the maximum
opportunity to compete for and perform contracts. Contractors shall not
discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT -assisted contracts.
1 sK N
The ENGINEER will assign adequate staff to the project subject to the approval of the OWNER,
and said staff will insure complete continuity and administrative control in all phases and
throughout all elements of the work proposal. A copy of the Project Organization Chart is
attached.
6.14 FAA Acceptance Statement
The ENGINEER agrees to include on the inside front cover of each final report document, the
following statement:
"The preparation of this document was financed in part through an Airport Improvement
Program grant from the Federal Aviation Administration (Project Number )
provided under Section 505 of the Airport and Airway improvement Act of 1982, as
amended. The contents do not necessarily reflect the official views or policy of the FAA.
Acceptance of this report by the FAA does not in any way constitute a commitment on the
part of the United States to participate in any development depicted therein nor does it
indicate that the proposed development is environmentally acceptable in accordance with
appropriate public laws."
In the event that a dispute should arise relating to the performance of the services to be provided
.ender this AGREEMENT, the OWNER and ENGINEER agree that they shall first submit the
Page 23 of 24
matter to non -binding mediation. OWNER and ENGINEER further agree to include a similar
mediation agreement with all contractors, subcontractors, subconsultants, supplies and fabricators,
thereby providing for mediation as the primary method for dispute resolution. If a dispute is not
resolved by mediation, the matter may then be considered by other methods of dispute resolution.
If resulting in litigation, it is agreed that the prevailing party shall be entitled to recover all
reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's
fees and other claim -related expenses.
SAW-cirykowcai 1
Page 24 of 24
MORRISON - MAIERLE, INC
SUMMARY OF PROPOSED COSTS
PROJECT: KALISPELL CITY AIRPORT PLANNING
PAGE 1 OF 3 PAGES
PROJECT NO:
DATE:
03/11,'9E
PROD
PROD
TOTAL
TOTAL
MAJOR WORK ITEM ADMIN
MGR
ENGR REP
DRAFT SURVEY REPRO CLERC
HOURS
LABOR
0
$0
PHASE 1 - FEASIBILITY STUDY
0
$0
0
$0
ScWuV Meeting
2
8
2
12
$916
Grant Administration
40
24
64
$3.987
Inventory
4
24
40
68
$4,240
Coordination with DOT/FHWA
4
8
16
28
$1,774
AM Tower Evaluation
4
24
8
36
$2,673
Airspace Analysis
4
24
28
56
$3,652
Land Acquisition Review
8
4
8
20
$1,406
Cost Estimates
16
40
56
$3,249
Environmental Overview
1
16
40
4
61
$3,462
Feasibility Report
8
26
40
8 20
102
$5,657
Progress Meetings
8
16
8
32
$2,374
TOTAL
43
206
230 0
0 0 8 48
535
$33.390
SUMMARY OF ESTIMATED LABOR COSTS
DIRECT
TOTAL
TOTAL
HOURS
RATE
LABOR
RATE
LABOR
Administrative
43
$30.00
$1,290.00
$86.41
$3,715.80
Project Manager
206
$28.00
5,768.00
80.65306
16,614.53
Engineer
230
$17.00
3,910.00
48.96793
11,262.62
Project Representative
0
$15.00
0.00
43.207
0.00
Draftsman
0
$17.00
0.00
48,96793
0.00
Surveyor
0
$14.50
0.00
41.76676
0.00
Reproduction
8
$12.00
96.00
34.5656
276.52
Clerical
48
$11.00
528.00
31.68513
1,520.89
TOTAL LABOR
535
$11,592.00
$33,390.37
PROJECT: KALISPELL CITY AIRPORT PLANNING
PAGE 2 OF 3 PAGES
DATE: 03111 M
TRAVEL AND SUBSISTENCE QUANTITY
RATE
COST
Vehicle: Hours 0
$3.00
$0.00
Miles 1000
$0.44
440.00
Airfare 0
$0.00
0.00
Room: Nights 3
$60.00
180.00
Meals: Days 6
$20.00
120-00
Vehicle Rental:
$0.00
0,00
TOTAL TRAVEL AND SUBSISTENCE $740.00
OTHER DIRECT COSTS
QUANTITY
RATE
COST
Blue Line Prints
100
Sq. Ft.
$0.10
$10.00
Photocopies
2,000
Copies
0.10
200.00
Mylars
0
Each
6.00
0.00
Multilith Paper
0
Reams
4.00
0.00
Telephoneftx
200.00
Postage
200.00
Computer
600.00
Equipment Rental
0.00
Maps, Photos, Etc.
100.00
Other
99.00
TOTAL OTHER DIRECT COSTS $1,409.00
OUTSIDE SERVICES AND SUBCONTRACTS
Radio TowerConsutant $10,870.00
TOTAL OUTSIDE SUBCONTRACTS
$10, 870.00
PROJECT: KALISPELL CITY AIRPORT PLANNING PAGE 3 OF 3 PAGES
DATE: 03111 /98
FEE SUMMARY
Total Estimated Labor $11,592
Payroll Taxes and Benefits 49.77 % of Total Labor Costs Frfte Applied 5,769
Overhead
FEE PERCENTAGE
KAL-CITY/MP-FEE.WB3
67.24 % of Total Payroll Costs
Subtotal
Overhead
TOTAL LABOR AND OVERHEAD
Travel and Subsistence
Other Direct Costs
Outside Services
TOTAL EXPENSES
TOTAL COSTS
15 % As a Percent of Total Labor and Overhead
TOTAL ENGINEERING FEE - PHASE I
17,361
11,674
29,035
740
1,409
10,870
13,019
42.054
4,355
$46,409
MORRISON - MAIERLE, INC.
SUMMARY OF PROPOSED COSTS
'ROJECT: KALISPELL CITY AIRPORT PLANNING PAGE 1 OF 3 PAGES
PROJECT NO: DATE: 03/11/98
----- ---------------------------------------------------------
MAJOR WORK ITEM
ADMIN
PROJ
MGR PLANNER
PROJ
ENGR.
DRAFT TECH
REPRO CLERC
TOTAL
HOURS
TOTAL
LABOR
0
$0
PHASE If - MASTER PLAN
0
$0
0
$0
Inventory
Completed as part of
Phase 1
0
$0
Forecasts - review
16
4
20
$910
Public Involvement b Meetings (4)
48
40
40
8
24
.160
$8,595
Facility Requirements
18
60
40
40
4
8
170
$8,469
Environmental Overview
16
40
40
4
8
108
$5,369
Site Assessment (E)ist Site)
26
24
40
40
4
8
142
$7,351
ALP Drawing Set
16
30
40
240
8
334
$16,517
Schedules and Cost Estimates
18
24
40
82
$4,355
Financial Feasibility Report
24
40
40
0
8
112
$7,512
Progress Meetings(6)
12
48
48
40
12
8
168
$9,886
Prepare final report
8
8
24
24
24
40
128
$5,646
TOTAL
44
238
330
264
360 0
64
104
1,074
$74,610
SUMMARY OF ESTIMATED LABOR COSTS
DIRECT
TOTAL
TOTAL
HOURS
RATE
LABOR
RATE
LABOR
Administrative
44
$30.00
$1,320.00
$86.41
$3,802.22
Project Manager
238
$28.00
6,664.00
$80.65
19,195.43
Airport Planner
330
$17.00
5,610.00
$48.97
16,159.42
)ject Engineer
264
$15.00
3,960.00
$43.21
11,406.65
aftsman
360
$17.00
6,120.00
$48.97
17,628.45
-ichnician
0
$14.50
0.00
$41.77
0.00
.eproduction
64
$12.00
768,00
$34.57
2,212.20
Clerical
104
$11.00
1,144.00
$31.69
3,295.25
TOTAL LABOR
------------------------------------------------------------------------------------------------------------
1,404
$25,586.00
$73,699.62
PROJECT: KALISPELL CITY AIRPORT PLANNING PAGE 2 OF 3 PAGES
DATE: 03/11 iS8
TRAVEL AND SUBSISTENCE
QUANTITY
RATE
COST
Vehicle: Hours
0
$3.00
$0.00
Miles
4000
$0.44
1,760.00
Airfare
0
$0.00
0.00
Room: Nights
6
$60.00
360.00
Meals: Days
12
$20.00
240.00
Vehicle Rental:
$0.00
0.00
TOTAL TRAVEL AND SUBSISTENCE $2,360.00
OTHER DIRECT COSTS
QUANTITY
RATE
COST
Blue Line Prints
100
Sq. Ft.
$0.10
$10.00
Photocopies
2,000
Copies
0.10
200.00
Mylars
0
Each
6.00
0.00
Multilith Paper
0
Reams
4.00
0.00
Telephone/fax
200.00
Postage
200.00
Computer
600.00
Equipment Rental
0.00
Maps, Photos, Etc.
90.00
Other
41,00
TOTAL OTHER DIRECT COSTS $1,341.00
.UTSIDE SERVICES AND SUBCONTRACTS
Radio TowerConsutant $2,000.00
Intergrated Noise Model $2,000.00
TOTAL OUTSIDE SUBCONTRACTS
$4, 000.00
PROJECT: KALISPELL CITY AIRPORT PLANNING PAGE 3 OF 3 PAGES
DATE. 03/ 11 9F
FEE SUMMARY
Total Estimated Labor
$25,586
Payroll Taxes and Benefits 49.77 % of Total Labor Costs Fringe Applied
12.734
Subtotal
38,320
Overhead 67.24 % of Total Payroll Costs Overhea
25,766
TOTAL LABOR AND OVERHEAD
64,086
Travel and Subsistence
2,360
Other Direct Costs
1,341
Outside Services
4,000
TOTAL EXPENSES
7,701
TOTAL COSTS
71.787
FEE PERCENTAGE 15 % As a Percent of Total Labor and Overhead
9,613
TOTAL ENGINEERING FEE • PHASE II
$81,400