2010/02/01 City Airport Request for Qualifications - Consulting FirmCity of Kalispell
Post office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
REPORT TO: Mayor Tammi Fisher and City Council
FROM: Jane Howington, City Manager
SUBJECT: City Airport Consulting Firm
MEETING DATE: February 1, 2010
BACKGROUND: At council's request, staff performed a selection process for an engineering
firm to conduct an environmental assessment on the proposed airport redevelopment project. The
recommended firm was submitted to council (see attached report) on November 16, tabled until
the December 21 meeting, and tabled again until the February 11, 2010 meeting.
RECOMMENDATION: The city council approve the selection of Stelling Engineers as the
consulting firm for the city airport redevelopment project.
ALTERNATE RECOMMENDATION: Two actions are included in the proposed legislation
which council may desire to separate as one is likely to be needed before the other. The first is
action to secure an engineer of record for matters relating to the airport. No expenditures are
authorized with this designation. The second action pertains to the conduct of the EA.
Respectively submitted,
)w� \
Jane Howington
City Manager
Kali"spell Cl*ty Airport
Fred A. e i. iko, i rpo M� +�.�1
Post Office BOA 1997 - alis ells 1%4(mial-1a 5 903)Ttlztphone (406) 250-3 065 Fax - (406) 7 58-7758
November 91, 2009
REPORT TO-. The Honorable Mayor Pamela B. Kennedy and City Council
FROM: Jane Howington, Kalispell City Manager
Fred A. L el'sti o, Kalispell City Airport Manager
SUBJECT: Selection of new firm to provide Engineen"rig and Plannmg Services for
the Kalispell City Airport FAA Grant projects.
MEETING DATE: November 16, 2009
BACKGROUND: In the late 1 0" s the City of Kalispell retained the engineeri
ng firm of
Morrison-1aierle, Inc. as its airport consulting engineers. In early
000 the City of Kalispell switched to the firm. of Robert peceia
Associates to perform the same services. FAA Advisory Circular(AC)
150/5100-14D. ARCHITECTURAL, ENGINEERING, AND
PLANNING CONSULTANT SERVICES FOR AIRPORT GRAFT
PROJECTS, provides the guidelines for the engagement of
engineering, and planning consultants for airport projects funded under
Federal grant programs.
On 8/24/2009 and again on 8/31/2009 the City of Kalispell advertised
for Statements of Qualification and Experience as the principal aviation
consultant for the Kalispell City Airport engineering and plax ing
services. Two qua.l.ified fmns applied for the position. Robert Peceia
Associates and Stelling Engineers, Inc. where both qualified to
provide the services the wort required. On September 17, 2009 a
panel of four city staff members evaluated the two proposals, scored
both proposals and selected Stellmg Engineers, Inc* by unanimous Grote.
RECOMMENDATION:
The City Council approve the selection of Stelling Engineers, Inc. as
the new Consulting Engineers for the Kalispell City Airport
redevelopment project}
FISCAL IMPACT: The contract format is a Task Order Contract that Will. specify a ceiling
amount on each task order with standard fees or unit rates provided for
in the Master Agreement, Each Task Order Will be an Amendment to
the Master Agreement. For planning poses there are nine Task
Orders listed in the Master Agreement with the first one being the
update to the 2002 Environmental Assessment originally prepared by
Robert Peecia & Associates and made a part of this request for
ALTERNATIVES:
Respectfully submitted,
Fred. A. Le1 t1 o
City Airport Manager
approvai. All M'ne of the Task Orders are eligible for Federal
reimbursement by the FAA under the Abort improvement Program
(AIP)at 5% of the cost. The remaining 5% Will be the obligation of
the City of Kalispell d 11 be Winded by State Aeronautical Grants,
Air €art Enterprise Fends, or Airport Tax Increment Funds.
As suggested. by Council
t l
ane Honon
City Manager 1
CITY OF KALISPELL
REQUEST FOR STATEMENTS OF QUALIFICATIONS
1LISPEL, CI'i'I' AIRPORT
The City of Kalispell is soliciting statements of qualifications and experience (SOQ) to he used in
selecting a Principal Consultant to provide Airport Engineering and Planning Services for the
Kalispell City Airport. Services are outlined in FAA. Advisory Circular 1 o15 100-14D7 including
engineering or planning services for all phases and required incidental services for projects, which
may he funded by multiple grants. The contract for consulting ,services is expected to he for a five-
year period. The services to he provided may include, but are not lirDiited to, the planning, design,,
surveying, construction inspection, coordination, and administration of all stages of the following
projects:
1, Pavement Construction, Rehabilitation, and Maintenance
. Fencing and Drainage lrnprovements
3. Lighting, Signing, Navaid, and Electrical Improvements
4. Acquisition of Snow Removal Equipment
5. SRE Storage Building
6. Terminal Building I Site Development
7. Water and Wastewater Improvements
8. EnviLronmental Documentation
. revenue Generation Facilities
10. ALP / Master plan Update
11. Land Acquisition
12. Subsurface Utility En neerin.g
13. Survey, photo Tan-imetry, for Aeronautical Survey data collection
14. other Engineering and Planning Projects as Necessary
Selection criteria contained in the FAA Advisory Circular 150/5100-14D, will be applied in the
following order of importance:
1. Familiarity with and experience at the Kalispell City Airport and its unique issues
_ Capability of performing the projects
3. Quality of previous projects
4. office and personnel prominity to Kalispell
. Qualifications of key personnel
6. Capability of meeting deadlines, schedules, and budgets
7. Recent experience in similar projects and airports
S. Deputation and reference
. Affirmative action program
Upon review of the submitted material, the City may select a consultant based on the suhrm'tted
material, or reduce the list of applicants to approximately three (3) for oral presentation. Firm
consulting fees will be negotiated, utilizing an independent cost estimate as necessary, for the
services to he performed under an FAA grant as approved by the FAA. This contract is subject to
the provisions of Executive order 11246 (Affirmative Action to Ensure Equal Employment
Opportunity) and to the provisions of Department of Transportation Regulations 49 CFR part 26
(Disadvantaged Business Enterprise Participation). DBE firms are encouraged to submit. To be
considered for these services, please provide three bound copies of an SOQ, plus one i
unbound copy no later than 5:00 pane September 7, 2009, All responses must be suhrm'tted in a
sealed envelope plainly eked "Statement tatement of Qualirications - Airport Engineering and
Plan*m1ag Services" aid mailed to the Kalispell City Clerk} P.O. Box 1997, Kalispell, Montana
0 -1 97, or submitted in person at 201 First Avenue East, Kalispell, Montana. For questions -or
comments contact Fred e.istikog .. sport Manager, at 406-250-3065.
Publication Dates: August 24, 2009
SELECTION CRITERIA
ALI PELL CITY AIRPORT
AIRPORT ENGINEERING AND PLANNING SERVICES
I . Familian'ty with and experience at the Kalispell City .Airport.
. Expertise and capability to perform the projects,
Score
Score
3+ Quality of work on previous projects at airports
Score
. Proximity of an office to e wort project.
score
. Qualifications and expertise of aviation personnel.
Score
6. Background on meeting deadlines, schedules, and budgets.
Score
7. Recent experience on similar projects, airports with r ways
less than ,000 feet. Score
8. Deputation and references from State of Montana, FAA, and
project owners . Soore
9. Familiar with FAA Regulations and DBE requirements.
Score
10. Quality of work performed in the past for the City of Kalispell.
Score
11. Capability to accomplish the following tasks in house:
a, State and Federal Grants
'b. Environmental Assessments
c. Land Acquisition. plans
Score
Initials: Final Score
Comments:
MASTER AGREEMENT TO PROVIDE ENGINEERING EERIN SERVICES
for
THE I ALIS F E LL CITY AIRPORT
This Professional Service Agreement, made and entered into on November—, 2009, by
and between the following:
CITY OF KALISPELL (hereinafter referred to as the "SPONSOR"
01 First Aire n u East
P.O. Box 1997
Kalispell, MT 59903
And
STELLING ENGINEERS, Inc. (hereinafter referred to as the "ENGINEER"
14 Park Drive south
Great Falls, MT 5940
ITN ESS ETH:
WHEREAS, the SPONSOR is the owner and operator of the Kalispell l City Airport
and appurtenances thereon, and
WHEREAS, the SPONSOR has need for an engineering consultant and has
authority to contract for such services, and
WHEREAS, ENGINEER is grilling to perform professional services for the
SPONSOR under tarns and conditions specified and contained herein, and
WHEREAS, the ENGINEER represents that it is qualified to perform such services
and is in compliance with the Montana statutes relating to the registration and
licensing of Professional Engineers.
NOW, THEREFORE, the parties hereto covenant and agree as follows:
IT IS REED BETWEEN SPONSOR AND ENGINEER As FOLLOWS:
ARTICLE I d SCOPE of WORK
The ENGINEER EER agrees to provide designated, professional services to the
SPONSOR for the Kalispell City Airport for a tern of five (5) years from the date of
execution of this Agreement. The services to be provided, and the compensation for such
services, shall be mutually agreed to in separate Amendments to this Agreement, executed
by both parties. Unless otherwise indicated in a forthcoming Amendment, execution of a
Task Order of Work by the SPONSOR shall constitute notice to and authorization for the
ENGINEER to proceed with the services outlined in the particular Task order.
1;0 BASIC SERVICES, The EI Ili E ER's work shall he performed in accordance with
generally accepted standards by similar professionals who are licensed in the State
of Montana. The basic services required may include the following tasks:
1.1 Preliminary Services - Those activities required for project familiarization and
developing a scope of work as well as preliminary design, recommendations
and cost estimates.
1.2 Land Acquisition Assistance services - Assist city in acquiring land including
land owner negotiations, preparation of buy -sell agreements, preparation of
real estate transfer documents, preparation of certificates of survey, and
legal assistance.
1.3 Planning Services — Those activities required to revise or update existing
Master Plans and Airport Layout Plans.
1.4 Environmental Services - Those activities required to update or amend
existing environmental documents and/or prepare new environmental
documents.
1. Design Services - All activities to complete project design including attending
meetings and design conferences, field inspections, prepare detailed plans,
specifications, and cost estimates. Provide all necessary printing and
copying of drawings and contract specifications.
1.6 Bidding Services - Assist City in advertising and securing bids, attend pre -hid
conferences, analyze hid results, furnish recommendations for award and
prepare contract documents.
1.' Construction services - All basic services rendered after contract award
including but not limited to, representing staff at p reco nstructio n conferences,
provide consultation and advice during construction, periodic inspections
during construction, review and approve shop drawings, prepare and
negotiate change orders, assist staff in payment requests, and provide final
inspections.
1.8 Closeout Services - All basic services required during and at the conclusion
of a FAA sponsored project necessary to financially and administratively
closeout the project in accordance with FAA requirements.
.0 TASKORDERS. Engineering services will be provided on Task Order basis. Each
new task order or project will he prepared as an Amendment to this Agreement.
Potential Task Orders that may he amended under this Agreement include the
following:
.1 Environmental Assessment Update of the 2002 Environmental Assessment
Originally Prepared by Robert Fascia and Associates.
2.2 Land Acquisition Assistance of Tracts of Land Identified on the Current,
Approved Exhibit "A" Property Map.
2.3 Design, Bidding, and Construction Administration of Airside Improvements
Including the Runway, Taxiway, Ramps, Lighting, Electrical, and I avaids,
Depicted on the Current, Approved Airport Layout Plan.
.4 Design, Bidding, and Construction Administration for various Airport Support
Facilities Including a Terminal Building, FEO Facility, Maintenance Building,
and Fueling System.
.5 Design, Bidding, and Construction Administration for Various Landside
Facilities Including Internal and Eternal Roads, Security Fencing, and
Gates.
Design, Bidding, and Construction Administration for a Snow Removal
Equipment Building and Associated Maintenance Area- and Design, Bidding,
and Acquisition of Snow Removal Equipment and Other Airport Maintenance
Equipment.
.7 Design, Bidding, and ConstructionAdministration for Pavement Maintenance
and Stripping and Marking Projects.
2.8 Restoration and Reclamation of Previously Developed Airport Property.
2.9 Completion of an FAA 405 Survey and Assistance with the Development of
Approach Procedures.
.0 OBLIGATIONS. ENGINEER will provide timely professional services as requested
for the SPONSOR. Both parties will respond promptly to requests for information.
ARTICLE li - BASIS OF COMPENSATION
1.0 COMPENSATION. As a consideration for providing the services described in
Article 1, the SPONSOR shall pay the ENGINEER a lump sum fee or the
ENGINEER'S salary costa overhead, and direct costs, plus a fixed fee, whichever is
appropriate, as described in each subsequent Amendment.
,0 BUDGET. The budget for the Scope of services for each Task Order as
established in each Amendment shall be negotiated by the parties at the time each
service is authorized.
.0 CHANGE IN SCOPE OF WORD. The Scope of Services and its related budget for
each Phase of Work 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.
.,0 ENGINEERING COST BASIS. The budgets prepared for each Task Order are
based on salaries and expenses estimated for completing the work. Should the
services proposed 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.
5.0 ADDITIONAL SERVICES. Additional services not specified in Article 1, but
subsequently requested by the OWNER, shall be included in a subsequent
Amendment or a separate agreement shall be written for the additional services.
6.0 LEGAL ASSISTANCE. The scope and extent of engineering services to be
provided under this Agreement does not include costs of the ENGINEER for
rewired or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the SPONSOR, except for suits or
claims between the parties to this Agreement.
7.0 ALTERNATIVE DESIGNS. If the SPONSOR 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 add itlonal
payment to be mutually negotiated at the time the SPONSOR directs that alternative
designs, drawings, and specifications be prepared.
ARTICLE III - IAA ENT FOR SERVICES
1.0 PAYMENT FOR SERVICES, progress payment shall he made in proportion to
services rendered and as indicated within this Agreement and shall be due and
owing within thirty (30) days of the ENGINEER'S invoice. The ENGINEER relies on
payments from the SPONSOR when due to meet the ENGINEER'S payroll and
other costs of doing business.
2,0 INTEREST. If payment of the amounts due or any portion thereof is not made as
prescribed above, interest on the unpaid balance thereof will accrue at a rate of
(11 %) per month and become due and payable at the time said overdue payments
are made, unless delay In payment is duo 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.
ARTICLE IV - OBLIGATION of THE SPONSOR
SPONSOR shall:
1.0 Designate in writing a person authorized to act as the P l op's representative.
Such person shall have complete authority to transmit instruction, receive
information, and interpret and define the SP NSOR's policies and decisions with
respect to materials, equipment, elements and systems pertinent to the
ENGINEER'S services and no information or instructions from the SPONSOR
pertaining to the project shall be transmitted to the Contractor or to other concerned
person or agencies except by the s P O so R' designated representative through
the ENGINEER.
EER.
.0 The SPONSOR shall provide to the ENGINEER all technical data in the
PONSOP's possession, including previous reports, reaps, surreys, borings, and
all other information required by the ENGINEER and relating to the EN INEER3S
work on the project.
.0 Provide legal, accounting and insurance counseling services necessary for the
Project, legal review of the Construction Contract Documents and such auditing
services as the SPONSOR may require to account for expenditures of suns paid to
the Contractor.
4.0 Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by the ENGINEER, obtain advice of an attorney,
insurance counselor and other consultants as the SPONSOR deems appropriate for
such examination and render in writing decisions pertaining thereto in a timely
manner.
5.0 obtain bids or proposals from Contractors for work relating to this Project and bear
all costs of publishing advertisements for lids 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 EER to perform his services on public or private property
as required, unless as otherwise specified herein.
6.0 Guarantee access to and male all provisions for the ENGINEER EEP to enter upon all
property, public and private as required.
7.0 Notify ify proper authorities when the Project or portions of the Project are closed to air
traffic.
8.0 Give prompt written notice to the ENGINEER whenever the SPONSOR observes or
otherwise becomes aware of any defect in the Project, or changed circumstances.
.o Furnish, or direct the ENGINEER to provide, necessary additional services as
repui red.
10.0 The SPONSOR will not modify the Construction Contract Documents without the
written consent of the ENGINEER.
ARTICLE V — ADDITIONAL SERVICES
1.0 Additional or extended services during construction made necessary by (1) work
damaged by fire or other cause construction, (2) defective or incomplete work of the
Contractor, (3) prolongation of the initial Construction contract time beyond the
contract time, (4) the Contractor's default under the contract documents due to
delinquency or insolvency.
.o Devise studies, reports, design documents, drawings, or specifications which have
previously been approved by the SPONSOR, or when such revisions are due to
causes beyond the control of the ENGINEER.
.o services due to changes in the scope of the project or its design, including but not
limited to, changes in size, complexity, schedule or character of construction.
4.0 Other services not otherwise provided for in the Agreement or subsequent
Arnend m ent, including services normally fu rnished by the s PO N SO R as described
in Article IV.
5.0 services as are expert witness for the SPONSOR in connection with litigation or
other proceedings involving the Project.
.0 special analysis of the s P SOR's needs such as staffing and training, operating
and maintenance manuals, special operating drawings or charts, and any other
similar analyses.
ARTICLE v1- GENERAL PROVISIONS
1.0 EXTENT OF AGREEMENT. This Agreement represents the entire and integrated
agreement between the SPONSOR and ENGINEER EER and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by the written consent signed by both the SPONSOR and
ENGINEER.
2,0 DELAYS. Neither party shall hold the other responsible for damages or delay in
performance caused by acts of nature, strifes, lockouts, accidents or other events
beyond the control of the other or other's employees and agents.
3,0 BREACH. In the event any provisions of this Agreement shall be held to be invalid
and unenforceable, the remaining provisions shall be valid and binding upon the
parties. One or more waivers by either paw of any provision, term, condition or
covenant shall not be construed by the other party as a waiver of subsequent
breach of the same by the other party.
4.0 SAFETY. The ENGINEER has not been retained to provide design and
construction review services relating to the Contractor's safety precautions or to the
contractor's means, methods, techniques, sequences or procedures required for the
Contractor to perform his work. The ENGINEER has been retained to review
Contractor's work to require full performance of Contractor in accordance with
Construction Contract requirements.
.0 CONSTRUCTION COST ESTIMATES. Any opinion of the Construction Cost
prepared by the ENGINEER represents his judgment as a design professional and
is supplied for the general guidance of the SPONSOR. Since the ENGINEER has
no control over the cost of the labor and materials, or over competitive bidding or
market conditions, the ENGINEER EER does not guarantee the accuracy of such
opinions as compared Contractor's bids or actual cost to the SPONSOR.
6,0 TERMINATION OF CONTRACT. The SPONSOR may without cause and without
prejudice to any other right or remedy, terminate this Agreement as herein specified.
The SPONSOR may, by written notice, terminate this Agreement in whole or in part
at any time, either for the SPON OR'S convenience or because of ENGINEER'S
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
process, delivered to the SPONSOR.
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.
If the termination is due to failure to fulfill the ENGINEER'S EER'S obligations, the
SPONSOR may tape over the work and prosecute the same to completion by
contract or otherwise. In such case, the ENGINEER shall be liable to the
SPONSOR for any additional cost occasioned to the SPONSOR thereby.
If, after notice of termination for failure to fulfill contract obligations, it is determined
that the ENGINEER EER 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 E. of this clause.
7.0 CHANGES. The SPONSOR may, at any time by written order, male changes
within the general scope of the Agreement in the services to be provided. If such
changes cause an increase or decrease in E NG I N E E R'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 SPONSOR grants a further period
of time.
8.0 ENGINEER'S RESPONSIBILITY. The ENGINEER shall perform all work in
compliance with FAA requirements where applicable and shall be responsible for
the professional quality, technical accuracy and the coordination of all designs,
drawings, specifications, reports, and other services furnished by the ENGINEER
under this Agreement. The ENGINEER EE shall, without additional compensation,
correct or revise any errors or deficiencies in the designs, drawings, specifications,
reports and other services. Approval by the SPONSOR or FAA of drawings,
designs, specifications, reports and incidental engineering services or materials
furnished hereu rider shall not ire any way relieve the EIS G I N E E R of responsibility for
the technical adequacy of the work. Neither the SPONSOR'SPONSOR'S nor the FAA's review,
approval or acceptance of, nor payment nt 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 lair for all damages to the SPONSOR
caused by the ENGINEER'S negligent performance of any of the services furnished
under this Agreement. The rights and remedies of the SPONSOR provided for
under this Agreement are in addition to any other rights provided by later,
9,0 LIMITATION of COST, The total cost to the SPONSOR for this contract shall not
exceed the estimated cost set forth in this contract without prior approval of the
SPONSOR. 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 SPONSOR for work
under this contract shall exceed the contract amount, the ENGINEER shall inform
the SPONSOR, in writing of such and submit a remised estimated contract cost for
approval.
The SPONSOR shall not be obligated to reimburse the ENGINEER EER for costs
A
ncurred in excess of the estimated cost set forth in this contract and t h e
ENGINEER shall not be obligated to continue performance under the contract or to
incur costs in excess of the estimated cost set forth in the contract unless and until
the SPONSOR has notified the ENGINEER in writing that the contract amount has
been amended and shall have specified in such notice a revised estimated cost
h Ic h sha I l the re u po n co nstit ute th e esti m ate d cost of pe rfo rm a nce of th is co ntract.
10.0 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 for the award or making of this Agreement. For breach or violation of this
warranty, the SPONSOR 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.
11.0 VENUE. In any litigation arising out of this Agreement, the successful litigant shall
be entitled to receive from the other party, in addition to costs and disbursements
provided for the statute, a reasonable attorney's fee as fixed by the Court. The
venue of and civil action shell be in Montana Seventh Judicial District court,
Mc one counter.
12.0 LIMITATION of LIABILITY. The SPONSOR agrees to limit the ENGINEER'S
liability to the SPONSOR and to all construction 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.
13.0 ACCESS TO RECORDS. The ENGINEER agrees to maintain an acceptable cost
accounting system. The SPONSOR, the Federal Aviation Administration, and the
Comptroller General of the United states shall have access to any books,
doc u rn a rats, pape r, and re co rds of the EN G I N E E R which a re di rectly pe rti rye nt to this
Agreement for the purpose of making an audit, examination, excerpts, and
transcriptions. The ENGINEER shall maintain all required records for 3 years after
the SPONSOR makes final payment and all other pending matters are closed.
14.0 SUCCESSORS AND ASSIGNS. SPONSOR and ENGINEER each binds therm and
their partners, successors, executors, administrators and assigns to the other paw
of this Agreement and to the partners, successors, executors, administrators and
assigns of such other party, in respect of all covenants of this Agreement,, Neither
SPONSOR 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
rig hts o r benef its hereunder to an oneotherthanthe S PO NSORand ENGINEER.
15.0 AFFIRMATIVE ACTION PLAN. The ENGINEER assures that it has adopted an
affirmative action program as required by 14 CFR Part 152, Subpart E, to insure
that no person shall on the grounds of race, creed, color, national origin, or sex be
excluded from partic ipating 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 sub organizations provide assurances to the ENGINEER
that they similarly have or shall under take affirmative action programs and that they
shall require assurances from their sub organizations, as required by 14 CFR part
1, subpart E, to the same effect.
16.0 SUBCONTRACTS, 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
SPONSOR performance of this Agreement. Any charges or such subcontractors
shall be subject to the prior approval of SPONSOR.
1 TO INDEMNIFICATION. The SPONSOR shall be indemnified by the ENGINEER as
herein provided. The ENGINEER is an independent contractor and operator
responsible to all parties for its respective acts and the SPONSOR shall in no way
be responsible therefore. In the use of the Airport, and in the exercise or enjoyment
of the privileges herein granted, the ENGINEER shall indemnify and hold the
SPONSOR harmless from any and all losses that may result to the SPONSOR
because of any negligence or act on the part of the ENG IN EER.
18,0 INSURANCE. The ENGINEER shall pay for and maintain Public Liability and
Property Damage Insurance in are amount of not less than $1 a000,000 for property
damage and for bodily injuries, including accidental death ENGINEER shall
maintain said insurance with insurance underwriters authorized to do business in
the state of Montana satisfactory to the SPONSOR. All policies shall name the
SPONSOR, its officers, servants, agents, and employees as additional insureds as
their interests shall appear. ENGINEER shall furnish the SPONSOR with a
Certificate of Insurance annually during the terra hereof, showing such insurances to
be in full force and effect during the entire terra of this agreement. The ENGINEER
shall also furnish the SPONSOR proof of Error and omission Insurance coverage.
19.0 TERMINATION / CANCELLATION. This agreement shall terminate at the end of
the full term hereof without any notice by either party; provided, however, that either
party may cancel this Agreement for whatever reason on 30 days written notice to
the other party.
0*0 ATTORNE 'S FEES. In the event either party engages the services of an
attorney to enforce any provision hereof or to secure payments, the prevailing party
will be entitled to recover its costs, charges, and expenses, including reasonable
attorney's fees incurred.
1.0 SUBORDINATION OF AGREEMENT* This agreement is subordinate to the
provisions of any existing or future agreement between the SPONSOR and the
United States relative to the ad M i n i st ration , operation or maintenance of the Airport,
the execution of which has been or may he required as a condition precedent to the
expenditure of federal funds for the development of the Airport.
.0 NONDISCRIMINATION. The ENGINEER, for itself, its successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant and agree (a)
that no person, on the grounds of race, color, creed, political ideas, sex, age, or
physical or mental handicap, shall he excluded from participation, denied the
benefits of, or he otherwise subjected to discrimination in the use of the Airport
facilities, or the exercise of its rights and privileges under this agreement; h) that, in
the furnishing of services, no person shall he excluded from participation in, denied
the benefits of, or otherwise he subjected to discrimination on the grounds of race,
color, creed, political ideas, sex, age, or physical or rental handicap; (c) that,
ENG f NEER will perform services for the SPONSOR in compliance with applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, Effectuation of Title v1 of the Civil lights Act of 1964, now in effect
and as said Regulations may he hereafter amended.
.0 WORKER'S I ER'S OMPENSATIO COVERAGE, The ENGINEER agrees to provide
proof that he has a policy for Worker's Compensation Insurance or proof that he
has elected to he exempt from such coverage and his election has been approved
by the Department of Labor and Industry. The ENGINEER agrees to maintain
Worker's Compensation coverage for the entire period of this Agreement.
24.0 PARAGRAPH HEADING. The paragraph headings contained herein are for
convenience in reference and are net intended to define or limit the scope of any
provisions of this Agreement or the particular paragraphs.
5.0 NOTICES, Notices to the SPONSOR shall he sent by Certified Mail, postage
prepaid, addressed to:
Kalispell city Airport
P.O. Box 1997
Kalispell, MT 59903
And notices to the ENGINEER, shall he sent by Certified bail, postage prepaid,
addressed to:
telling Engineers, Inc.
614 Park Drive South
Great Falls, MT 59405
Or to such other addresses as the parties may designate to each other in writing,
from time to time.
ARTICLE l ,- ATTACHMENTS, SCHEDULES, AND SIGNATURES
Agreement Description. This Agreement (consisting of pages 1 to 13 inclusive) and
attached Append i A, Appendix B, Appendix C, and Appendix D constitute the
Master Agreement between the SPONSOR and the ENGINEER and supersedes all
prior written n or oral understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed written addendum.
2. Appendix Description.
cription.
0 Appendix -- Hourly Rates for Professional Services
Exhibit A:
Hourly Fates for Professional Services
1D Appendix E — Certifications and Assurances
Exhibit A:
Certificate of the Engineer
Exhibit E:
Certification of the Town of Stevensville
Exhibit :
Title V1 Assurances and DBE Assurances
Exhibit D.
Foreign Trade Restrictions and Debarment and
Suspension Provisions
Exhibit E:
Airport And Airway Improvement Act Of 19827
Section 520 - General Civil Rights Provisions
Exhibit F:
Civil Fights Act Of 1964, Title V1 Engineer -
ontractual Requirements
Exhibit :
Disadvantaged Business Enterprises
Exhibit H:
Lobbying And Influencing Federal Employees
Exhibit I:
Rights To Inventions
• Appendix C — Proof of Errors and Omissions Insurance
• Appendix D --- Proof of Workers' Compensation Insurance
WITNESS rH E R EOF, the parties hereto have executed this AGREEMENT this day
of 12009.
SPONSOR
Jana Howington, City Manager
City of Kalispell
201 1 st Avenue East
Kalispell, MT 59915
Fred Leistiko, Airport Manager
ENGINEER
Mitchell 1 . Stelling, P.E.
telling Engineering, Inc.
14 Park Drive South
Great Falls, MT 59405
APPENDIX A
HOURLY RATES FOR PROFESSIONAL SERVICES
EXHIBIT "A" — 5 Year Rate Schedule
EXHIBIT
Year Rates schedule
5-Year plate Schedule
2009
2010
2411
2012
2013
2014
Principal/Director
$114
$119
$124
$129
$134
$139
Project Manager
99
103
107
ill
115
119
Project engineer -Structural
94
97
102
10E
110
114
Project Engineer -Civil
94
97
102
106
110
114
Design Engineer -Structural
62
64
67
70
73
76
Design Engineer -Civil
62
64
67
70
73
76
Field Engineer/Inspector
66
69
72
75
78
81
CARD Technician
58
60
62
64
66
68
Surveyor (PILS)
94
97
102
106
110
114
Survey Crew (1-Man)
83
86
89
92
95
98
Surveyor (2-Man)
140
145
150
155
160
165
Word Processor
42
44
46
48
50
52
Indirect Overhead Date = 1 8%
Profit = 15%
Combined Overhead Rate and Profit (100% + 1 8%) x 1.18 = 62%
Mileage = 0.445 0 mile (prevailing federal rate)
u bco nsu lta nts = Cost + 5%
Supplies: Cost Reimbursement basis
Copies and Reproduction
009
2010
2011
2012
2013
2014
81/2 11 (b/w)
$0.08
$0.08
$0.09
$0.09
$0.09
$0.10
11 x17 (b/w)
0.16
0.17
0.18
0.19
0.20
0.21
8 1/2 x 11 (color)
0.5
O�84
0.88
0.88
0.60
0,8
11 x 17 (color)
1.04
1.08
1.12
1.16
1.20
1.24
4 x 88 (b/w)
2.81
2,92
8.04
8.16
3.28
8.41
4 x 88 (color)
4.16
4.88
4.80
4.68
4.86
5.05
4 x 88 bIueline from mylar
1.56
1.82
1.68
1.78
1 .82
1.89
4 x 88 Man copy
5.20
8.41
8.88
8.86
8.09
6.84
Mylars (24 x 88)
12.48
12.98
18.88
14.04
14.80
18.18
Myla r (18 x 24)
8.32
8.65
9.00
9.36
9.78
10.1
APPENDIX B
CERTIFICATIONS AND ASSURANCES
EXHIBIT "A" - CERTIFICATE OF THE ENGINEER
EXHIBIT "B" - CERTIFICATION OF THE SPONSOR
EXHIBIT "C° - TITLE VI ASSURANCES AND DBE
ASSURANCES
EXHIBIT "D" - FOREIGN TRADE RESTRICTIONS AND
DEBARMENT AND SUSPENSION PROVISIONS
EXHIBIT "E" - AIRPORT AND AIRWAY IMPROVEMENT ACT
OF 1982, SECTION 520 GENERAL CIVIL RIGHTS
PROVISIONS
EXHIBIT "P' - CAVIL RIGHTS ACT OF 1964, TITLE VI
ENGINEER CONTRACTUAL REQUIREMENTS
EXHIBIT,,G,, - DISADVANTAGED BUSINESS ENTERPRISES
EXHIBIT °H" - LOBBYING AND INFLUENCING FEDERAL
EMPLOYEES
EXHIBIT "I° - RIGHTS TO INVENTIONS
EXHIBIT "A"
CERTIFICATE of THE ENGINEER
We hereby certify that we are a corporation and duly authorized representatives of the firm
of STELLING ENGINEERS, INC., whose address is 614 Park Drive South, Great Falls,
Montana, 59405, and that neither we nor the above firm we represent has;
1. Employed or retained for a commission, percentage, brokerage, contingency fee, or
other consideration, any firm or person (other than a bona fide employee goring
solely for us of the above ENGINEER) to solicit or secure this Agreement;
. Agreed, as an express orimplied condition for obtaining this Agreement, to employ
or retain the services of any firm or person in connection with carrying out the
agreement; or,
. 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 king for, or in connection with, procuring or
carrying out the Agreement, with no exceptions.
We acknowledge this certificate is to he furnished to the SPONSOR and the Federal
Aviation Administration in connection with this Agreement involving participation of Federal
Ail Funds and is subject to applicable state and federal lags, bath criminal and civil.
DATE this day of
009.
STELLING ENGINEERS, INC.
10
Principal
... f'y� 'i!R i i 7 J 1I r r�..= - 'r-�[EI E'er 7^s ,.i• �• •i hit;..-s•. .a f••.. n.. i f.,. I"e f - - ' i ;'S: �' - r:.r:4f :�• -k.•
ti .. '- e .. � s . � '� :.. � I � :.� � °S • �. � � -, E :� r F- C a.. . � &�'r1 Lam- _� - �'� �`• ��.' �L. - s �:�� �,.E� �. _ 'r' �� �a;`:;�ti
EXHIBIT "B"
CERTIFICATION of THE SPONSOR
I certify that the previously -mentioned engineering firm or its representatives have not been
required: directly or indirectly, as an expressed or implied condition in connection with
obtaining or carrying out this Agreement too,
1. Employ or retain, or agree to employ or retain, any person or firm; or
. Faye or agree to pay, to any firm, person or organization any fee, contribution,
donation, or consideration of any kind, with no exceptions.
l 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 lags, both criminal and civil.
DATED this day of
12009.
SWA
M
Jane Ho ingtona City Manager
City of Kalispell
Fred Leisti o, Airport Manager
City of Kalispell
_`�"! 7rrt- -� S-:i 3r ,f •ti• {e' :Y• i E`� { .^l^� •S.+(i -- - w, - ise •!i w { -i• .x
i l c�I� ? _ _ �? ;t :E a�fi C ? s ;.. s"_. •l:, ?•
�'�'• � i,.7 ly 41�� .i .t i it i�, �•: -`. `t;s�s ei �-S{•�`s �- �yR,��, i� � i� r �.. �•i E€. �: •�x: ���
EXHIBIT 69 ly
TITLE VIASSURANCES
During the performance of this contract, the ENGINEER, for itself, its assignees and
successors in interest (hereinafter referred to as the "'"'ENGINEER") agrees as follows:
1. Compliance with Reciulations. The ENGINEER shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT") ITT") Title 4, 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.
. 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 EER shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, includin
employment practices when the contract covers a program set forth in Appendix E
of the Regulations.
. solicitations for subcontract's Including Procurements of Materials and Ecluipment.
In all solicitations, either by competitive bidding or negotiation, made by the
ENGINEER for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the ENGINEER of the ENGINEER'S obligations under this contract
and the regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
4. Information and Reports. The ENGINEER shall provide all information and reports
required by the regulations or directives issued pursuant thereto and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the SPONSOR or the Federal Aviation Administration
(FAA)to be pertinent to ascertain compliance with such regulations, orders, and
instructions. where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the
ENG] NE E R shall so certify to the SPONSOR or the FAA, as appropriate, and shall
sat forth what efforts it has made to obtain the information.
s. sanctions for Noncompliance. In the evert of the ENGINEER=S noncompliance
with the nondiscrimination proVisions of this contract, the SPONSOR shall impose
such contract sanctions as it or the FAA may determine to be appropriate, including
but not limited to --
(a) withholding of payments to the contractor under the contract until the
ENGINEER complies, and/or
(b) cancellation, termination, or suspension of the contract, in whole or in part,
..,r5.•r yyyy�s gg 7 ...ti.aiy'• rti r1>1 t- _ 4- 5 '• y`r��e�i ti -¢
LI-ni..=-ti - L. �e4}i..r'• G {l.�t : �. I �.��.. ..
'l r.�• ti'1 : i k -- '. S.i !1 p I 4. w i f 4.. 4r �, �: 1� i �. +, %rk i $• i 'S G. i� r 1 J1 5 i3 ,J—�G[ T— �?•�"'— _ �,'E, iZ
} •' � � i F e4 i�r~E�'
. Incorporation of Provisions. The ENGINEER shall include the provisions of
paragraphs (1) through (5) in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the regulations or directives issued
pursuant thereto. The ENGINEER shall take such action with respect to any
subcontract or procurement as the SPONSOR or the FAA may direct as a means of
enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event an ENGINEER becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request the SPONSOR to enter into such litigation to protect the
interests of the SPONSOR and, in addition, the ENGINEER may request the United
States to enter into such litigation to protect the interests of the United tates.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
Polic It is the policy of the Department of Transportation (DOT) that
disadvantaged business enterprises, as defined in 49 CFR Part 23, shall have the
maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this agreement, Consequently, the DBE
requirements of 49 CFR Part 23 apply to this agreement.
. DBE obligation. The ENGINEER agrees to ensure that disadvantaged business
enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole or in
part with Federal funds provided under this agreement. In this regard, all
ENGINEERS shall tape all necessary and reasonable steps in accordance with 49
FR Part 23 to ensure that disadvantaged business enterprises have the maximum
opportunity to compete for and perform contracts. ENGINEERS shall not
discriminate on the basis of race, color, rational origin, or sex in the award and
performance of DOT -assisted contracts.
T:C `i yr}ti. �y .•e1 .a. ..1_ �t�. #"•7�._�: - r ,i 3. _ i_- F a5 �j 7 - r'-e
:a1s8,,s = •Xi FF w 1c �•
- •q •.�. ` 3 5 • ;.�i �.r e"s ? ' � •r• r•.rm tiro [,y t' .• •� ti
' 1 {
EXHIBIT "'ID"
TRADE RESTRICTION CLAUSE — 49 CFR PART 30
(VERSION 1, 1/5/90)
The Engineer, by execution of this Agreement, certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country included in
the list of countries that discriminate against U.S. 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 consultant
who is unable to certify to the above. If the ENGINEER no t n g ly procures or
subcontracts for the supply of any prod uct or service of a foreign country on said list for use
on the project, the Federal Aviation Administration may direct through the SPONSOR
cancellation of the contract at no cost to the Government.
Further, the ENGINEER agrees that, it gill incorporate this provision for certification without
modification in each contract and in all lower tier subcontracts. The ENGINEER may rely
on the certification of a prospective subcontractor unless it has knowledge that the
certification is erroneous.
The ENGINEER shall provide immediate written notice to the SPONSOR if the ENGINEER
learns that its certification or that of a subcontractor was erroneous when submitted or has
become erroneous by reason of changed circumstances. The subcontractor agrees to
provide written notice to the ENGINEER if at any time it learns that its certification was
erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when
making the award . If it is later determined that the ENGINEER or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Adrn inistration may direct through
the SPONSOR cancellation of the contract or subcontract for default at no cost to the
Government.
Nothing contained win the foregoing shall be construed to require establishment of a system
of records in order to render, in good faith, the certification required by this provision. The
Knowledge and information of a ENGINEER is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United states
of America and rnaking of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United states Code, section 1001
a' •' 's55yyyy g � ^ :.ri = 4 - h yr.z .; ice,.. x 3 s' r �, z,;s - r 5,.. nil s }.ty -
.. l� i.f�i ,i z G z?C?�-L •7 I i „+�[ �. - sF �] e s s L ` r ° �t t��, p5 j•i• '" r� i., {.t- 5 " 's-� ti.s•:s z
�a t. vY" tf - Lcy�l. S.LC•i � , - �� F {� L.0 �. �'..21 t.i .. ."'L:1_: }•�R C•� F. Y-,�f5 �t'Y'}4�- �vl.i.:c� �: 1..� ,~f ". -� vv? .. [.: i; 3y.I•.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY, AND VOLUNTARY EXCLUSION -- 49 CF1R PART 29
(VERSION 1, 1/5/90)
The ENG INEER certifies, by acceptance of this Agreement, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, or declared ineligible, or
voluntarily excluded from participation in this transaCtien by any Federal department or
agency. It further agrees that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the ENGINEER
or any lower tier participant is unable to certify to this statement, it shall attach an
explanation to this solicitation/proposal.
t f l k sEI °. - s•9 'e o1�f.1j l F �ie''ar`; - e i .e• • -� •. R -a .; - r i. - ' 3_ : �k .� x � � _
L spy• �. : i 'z } i`- + -F,: ¢: �, a- re-'
.�a.iw���.. a ,.:���: i°.• !ti � t.r..t,rC� :�� Utz __ t- �� e-ii � ��i4, � � � �'Si.-`r � �d:,..l;...�;.`=-.'k�3 �i", .: t '�F. 1. ..• •�" .. •1—r.� �tie.�s>: �.�`.-: �"{��'��; [''
E H I B IT "E"
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520
GENERAL CIVIL RIGHTS PROVISIONS
The ENGINEER assures that it will comply with pertinent statutes, Executive orders and
such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap he excluded from participating in any
activity conducted with or benefiting from Federal assistance, This provision obligates the
tenant/concessionaire/lessee or its transferee for the period during which Federal
assistance is extended to the airport a program, except where Federal assistance is to
provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon. In thaw cases the provision obligates the party or
any transferee for the longer of the following periods: a) the period during which the
property is used by the airport sponsor or any transferee for a purpose for which Federal
assistance is extended, or for another purpose involving the provision of similar services or
benefits or (b) the period during which the airport sponsor or any transferee retains
ownership or possession of the property. In the case of ENGINEERS, this provision hinds
the El I1 EERs from the hid solicitation period through the completion of the contract,
This provision is in addition to that required of Title VI of the Civil Rights Act of 1964,
"' r 3" 1 - {'i• {k ' {.x 'i r�i �:Y' 't-�. w� - 4x L• r �� • ° �` ' r y :"4
C:4+�rll�'_4t;"t:z?:J ei 1 Lv�r.. t'` i i��s��F F �;;....� 1.. •�3 FIy f-' i
EXHIBIT "F"
CIVIL RIGHTS ACT of 1964, TITLE vi
ENGINEER CONTRACTUAL REQUIREMENTS
During the performance of this contract, the ENGINEER, for itself, its assignees and
successors in interest (hereinafter referred to as the "ENGINEER") agrees as follows:
1.1 Compliance with Regulations. The ENGINEER shall comply with the Regulations
relative to nondiscrim i nation in federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, code of Federal Regulations, Part 21, as they
may be amended from time to time (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.
1.2 Nondiscrimination. The ENGINEER, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The ENGINEER shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract corers a program set forth in Appendix E of the Regulations.
1,3 Solicitations for subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made by the
ENGINEER for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified
by the ENGINEER of the Ef I N EE F 's obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
1.4 Information and Reports. The ENGINEER shall provide all information and reports
required by the Regulations or directives issued pursuant thereto and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. Where any
information required of a ENGINEER is in the exclusive possession of another who falls or
refuses to furnish this information, the ENGINEER shall so certify to the sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
1:5 Sanctions for Noncompliance. In the event of the EN I I EER's noncompliance with
the nondiscrimination provisions of this contract, the sponsor shall impose such contract
sanctions as it or the FAA may determine to be appropriate, Including, but not limited to:
a. withholding of payments to the ENGINEER under the contract until the
ENGINEER complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part.
1.6 Incorporation of Provisions. The ENGINEER shall include the provisions of
paragraphs 1 through 5 in every subcontract, including procurements of materials and
4 .z _- _ ;Ff'_f ��� ..��.:' � _ •t- y - _ - `�-�-:1�---r;r• a^,�,.�jai _ _ �f�` F-�.'. :�: �' v Iz - ifs' .�'
.- s..��;_. ,. ,t l.,.;.:i�r �xC;, , i� . f _- a,:, ,.� 3 ! :€ 'F'='�_ € EE�r.:; .; a '',..-}z; E �. � „ 5 ,, � jf) „a -i_:-��� ,�; � �� 1n..:�;
leases of equipment, unless exempt by the Regulations or directives issued pursuant
thereto. The ENGINEER shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA may direct as a moans of enforcing such
provisions including sanctions for noncompliance. Provided, however, that in the event a
ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the ENGINEER may request the sponsor to enter
into such litigation to protect the interests of the sponsor and, in addition, the ENGINEER
may request the United states to enter into such litigation to protect the interests of the
United states.
S yy 1 E 7r { - -Yx.'a]'f �� .. _ - -L ° „ai• :.�� i} — F{ — t•• �. E'_T��. y .,�aE .,. I� Jr.l _ .l k� i _ : F $.' - �ti rs ' i i� 1 Ef':.: �[ E r� z'•'-
1 Syf-.f i 1 y 3 F � f� r i iS � 1n. aii �'1 4iC:. i, ��',.,. �. {I. r�-3M1: � •' rL�3E •: y ii C F i �k 14 i�A�y�'•-'�'}i - i .- C_i I••. fi�, 5 G 3{.� 14. CF'. �'�ti.1 -. iy'e;7—A:
#�.''Y.'- �ti;.+s •�.-- �i ti_ iE}� y E: fSa,�C •1_
EXHIBIT "G"
DISADVANTAGED BUSINESS ENTERPRISES
E
contract As su ran ce (§2 6.13) - The E NG I N E E R or subcontractor shaII not discrim inate ors
the basis of race, color, national origin, or sex in the performance of this contract. The
ENGINEER shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT assisted contracts. Failure by the ENGINEER to carry out these
requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26-29) - The prime ENGINEER agrees to pay each subcontractor
under this prime contract for satisfactory performance of its contract no later than 5 days
from the receipt of each payment the prime ENGINEER receives from the City of I a#isr)ell.
The prime ENGINEER agrees further to return retainage payments to each subcontractor
within 5 days after the subcontractor's o r is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur onlyfor good
cause following written approval of the the City of Kali This clause applies to both
DBE and non -DBE subcontractors, ...
-F" q:dt} ;1h - :7_yy �ii{., �_i.�. Z �� r '. ?-9 �•3•• i� fK f'n 1�.-n{' ! _ r _ .� - - iiF .`e• ��-.1 '1 -y -3_ �'.•.d.
." .5+"���.�.��IF...i #�iiL .:.7 �Sa .�ri..ii��:, - 7C Ls:... },x.���.r�P ti3�, F��li}f�'. 3 �� i ��,. �,3i { ���. �1�� �.�_ �";k� �:�^. i 3° 3 { �g }} .ti., �4±_5 yh� go ��2: Ly.,.. s• fir` �Y�F ti :t` ."i"•.,
.s � � 3 � �-. L.�.c�l�W. ����i�[�>;1�• _� r .r�Fn��h �-i;l �-�¢.sr}_-5.-�± �� r �����'�i •i'�;..c.
4m.I4
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the
ENGINEER, to any person for influencing or attempting to influence an officeror employee
of any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Member of congress in connection with the making of any Federal grant
and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or gill be
paid to any person fo r i nf I u encingoratternpting to influence are of f ice r or e m p loyee of a ny
agency, a Member of congress, an officer or employee of Congress, or an employee of a
Member of congress in connection with any Federal grant, the ENGINEER shall complete
and submit Standard Form-LLL, "Disclosure of LobbyActivities," in accordance with its
instructions.
i". --y�t-�_L -; i t�• r�: , � .Y � � k F_e� �1`y•� s e I � � ii i y � j'.yx. r.. � r•t: z97'.5 �' d .._ �•' y.. S -•3 #._ .l• 1 x--- L} f {`. l . i�•r¢ �` . 7'e.ti { � � _
^• j ��i4�.r �� p c���C,�Zi;rLC�i �.{-Ea�Sr„�i� -. �9 s' �•' a., f [ i.fe= qq a ti• i 3 i ,:f ii 1f� i r s
�� C : Eti - i!k_ �•.. � �::i �_ ��;�,'.� `,���.�.; 3�i .SL , .. - i 4. �. l-}i .t,. j^•Z'.. � R � 1 .� 5=�.� � �_ f�r'�� t E�'��E`E E �a� ' �.�:.
ee!! 4•
EXHIBIT 11�
RIGHTS TO INVENTIONS
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.
a r,-i t� -arid -'s""I"llf 1"I fe-u -1-4
APPENDIX C
PROOF OF ERRORS AND OMISSIONS INSURANCE
.:,.. .- k � 5,.-
1" ; , � V" Lc --nt"H, --
APPENDIX D
PROOF OF WORKMANS COMPENSATION INSURANCE
OUIJ�), -, r L jl.L
S k� -1
t:�- and
AMENDMENT NO. 1
AGREEMENT FOR SERVICES
FOR IMPROVEMENTS TO THE
Kalispell City Airport
Kalispell, Montana
ORIGINAL AL AGREEMENT DATED NO EMBER xx, 2009
THIS AMENDMENT NO. 1, made and entered into this day of November ,
2009 by and between the City of Kalispell, with offices located at 201 First Avenue East,
Kalispell, MT 59901, hereinafter referred to a "SPONSOR-" and Stelling Engineers,
Inca with offices located at 614 Park Drive South, Great Falls, Montana, 59405,
hereinafter referred to as "ENGINEER."
Task Order Description
This Task Order will consist of preparing an Environmental Assessment Update
to the 2002 Environmental Assessment originally prepared by Robert Pec is and
Associates.
WITH EETH :
WHEREAS, the SPONSOR intends to complete the Environmental Assessment
Update for the Kalispell Airport, hereinafter referred to as "the PROJECT";
AND, WHEREAS, , the SPONSOR is desirous of adding engineering services for
providing Basic Services as described in Item 2 — Scope of Services -included in the
original agreement;
AND WHEREAS, the SPONSOR and the ENGINEER agree that all terns,
conditions, and assurances included in the original agreement apply to this Amendment
unless explicitly revised herein;
NOW, THEREFORE, in consideration of these premises and the mutual
covenants herein contained and the financial consideration for the services rendered
under this Amendment as detailed under Article III - Payment for Engineering Services,
the parties hereto agree as fellows:
Page 1 of 13
CADocuments and SettingsVleisti kolocai S ettings\Tem porary I ntemet Files\Content.Outlook\U FAEi8l JW\00 Kalispell City Amend
41 Am
ARTICLE I -- SCOPE OF WORK
1.0 ENVIRONMENTAL ASSESSMENT UPDATE. The ENGINEER will prepare an
�+i++WYW++.vvra.vv..dmm•vi.:n.•�i p.wrrr�rlYr.r__-- _-.vvnY.m�
Environmental Assessment (EA) Update to evaluate the potential impacts of
implementing the recommended improvements contained in the 1999 faster
Plan and refine the environmental analysis presented in the 2002 Environmental
Assessment. The EA Update will be sufficient to ensure compliance with the
National Environmental Policy Act (NEPA), the Montana Environmental Policy
Act (MEPA), and meet any other special requirements of the State of Montana.
The proposed scope of work for the EA update is as follows:
1.1 Develop Workscope and Fee. Establish environmental action
requirements and develop fee proposal. Work scope will be coordinated
with the FAA Helena ADO and the SPONSOR. The ENGINEER will
document fee negotiations with the SPONSOR or assist the SPONSOR in
obtaining an Independent Fee Evaluation if necessary.
1.2 Review Existing Files and collect Historical Airport Information.
Conduct a review of files and drawings on file with the SPONSOR and at
the Helena Airports District office of the FAA. This review would include
previous grant documents, planning documents, environmental
documents, land files, correspondence, and drawings. One (1) trip to the
FAA Helena ADO will be conducted to review and copy historical project
files from the FAA's archives.
1.3 Conduct Scoping Meetings and Prepare Work Plan. An initial scoping
meeting will be held with the Kalispell City Airport Manager, ENGINEER,
and the FAA to review specific goals for the EA Update and anticipated
schedule. The initial scoping meeting will be conducted during the Helena
ADO conference and does not include any travel for the scoping meeting.
A follow up scoping meeting will be held in Kalispell with the SPONSOR,
ENGINEER, and FAA to clearly establish NEPA requirements, identify the
key environmental issues affecting the Airport, review public scoping
requirements, and discuss potential changes to the environmental
determination made in 2002. Following the scoping meetings, the
ENGINEER will prepare a detailed work plan that identifies communication
protocols, EA schedule, key project deliverables, invoicing/payment
requirements, and that serves as a project tracking tool throughout the
Project.
1.4 Identify and coordinate with Key Project Stakeholders. The
ENGINEER and SPONSOR will develop a list of key project stakeholders
with a direct interest in the Project. Stakeholders may include City,
County, and state agencies, business owners, airport tenants, legitimate
development opponents, and nearby residents. The ENGINEER and
SPONSOR will develop a communications plan to contact and meet with
stakeholders to discuss proposed development at the Airport. The
Page 2 of 1
C ADocum eats and setthgs%fleisti#ko\Local Settirigs7em pQ ra Internet Files\Content_Ouklook\ 11=A6$ IJM0043 Kafispefl City Armond
#1,doG
ultimate goal of this task will be to team with key stakeholders early in the
environmental process and allow a more active participation in the
planning at the airport. Three ) meetings will be held in Kalispell with the
stakeholders.
The City of Kalispell is planning a series of public workshops with
interested persons to discuss perceived issues with the Kalispell City}
Airport and the proposed development. These workshops will be
conducted by the City as a public outreach and are not a part of the scope
of work of the EA Update. The first City workshop is planned for
November 30, 2009 with subsequent, follow-up meetings to follow. The
first stakeholders meeting planned for this effort will be held following the
second City workshop; either in late December 2009 or January 2010.
The second stakeholders meeting will be held prig to completing the draft
`Purpose and Need for the Project, section of the EA Update; the third
stakeholders meeting will be held prig to completing the draft EA Update
docum e nt,F
1,5 update Airport Inventory and Review Existing Data. All existing
available plans, drawings, specifications, etc., will be reviewed. Current
airport facilities will be reviewed to establish changed conditions at the
Airport. All historical records on the airport will be assembled. The ALP
will be revised to show any changed conditions to Airport pavements,
runway protection zones, navigational aids, electrical, land ownership,
easements, and airspace data.
1.6 Update Aviation Forecasts, Twenty-year aviation forecasts presented in
the current Terminal Aviation System Plan (TAP) and the Montana State
Aviation System Plan M A P) will be updated to reflect current based
aircraft and operations. The update will require review of historical data
such as airport master records, rational Plan of Integrated Airports
System (NPIAS) data., population trends, and any other available
forecasts. In addition, potential new business and industrial opportunities
which might utilize the airport following development of the proposed
improvements will be evaluated to ascertain impacts to the forecast
aviation demand and design aircraft. The fleet of aircraft, forecasts and
other appropriate data will be used to evaluate the potential for larger
aircraft usage at the airport, including the potential for aircraft with more
than ten (10) seats. Updated forecasts will present total operations
including a separate breakout of itinerant and local operations, based
aircraft and the mix of based aircraft, and operations by aircraft type. The
forecasts will be used to determine whether or not the proposed
development established in the original EA is consistent with the forecast
aviation operations for the planning period. The ENGINEER EER will provide
the FAA the updated forecasts for review and approval or revision.
17 conduct Airport Noise studies. The ENGINEER will perform a noise
Page 3 of 1
C-Tocum ents and Settin gsl eistikolocal Se tings\Tom porary i ntemet Files\Content. o utlook\UFA681JW\00 Kalispell City Amend
#1.doo
study and prepare applicable poise Exposure Maps (NEMs) in full
compliance with the requirements of FAIL Part 150 — Airport Noise
Compatibility Planning. Update lElis will be prepared for existing airport
operations and the proposed future development with and without an
increase in jet aircraft operations. NEMs will be prepared using the
Integrated Noise Model (INIVI) each condition.
1.8 Review Airport Planning Criteria, The ENGINEER will review and
revise, if necessary, the critical aircraft by approach category and
wingspan (Airport Reference code -ARC) to confirm the airport design
requirements used to establish the proposed improvements on the current,
approved Airport Layout Plan (ALP). The critical aircraft will be used to
determine whether or not the proposed development in the ALP is
consistent with the forecast aviation operations for the planning period. In
conjunction with the forecasting task, runway length will be verified for the
fleet of aircraft using the airport. The ENGINEER will consult with the
SPONSOR and FAA if the results of the aviation forecasts or the
identification of the critical aircraft warrant a change to the recommended
development at the airport.
1.9 Obtain Information on Airport Environment, The ENGINEER EER will
conduct a search for City, County, or state documents to identify
information sources that can be used during the preparation of the EA
Update. Pertinent information about the physical and human environments
will be obtained and reviewed.
1,10 Prepare/circulate Letter Notifying ying Agencies of Project. The
ENGINEER will prepare and distribute a letter to federal, states and local
agencies and other groups with potential interests in this project. The
letter will be used as a means of "scoping" issues pertinent to the project
and to obtain information about any permits, licenses, or other agency
requirements needed do construct the project. The ENGINEER EER will
submit a copy of the notification letter and the list of agencies to be
contacted to the SPONSOR for review and comments.
1.11 Amend the Purpose and Deed for the Project. The ENGINEER will
compile materials necessary to amend and refine the purpose and need
for the proposed improvements at the Kalispell City Airport. This work task
will include all necessary writing to clearly define the deficiencies at the
existing facility and describe the benefits of the proposed action. The
ENGINEER will provide a draft copy of the "Purpose andNeed" narrative
and work with the FAA to refine as necessary.
1.12 Review, Refine and Assess Aeronautical Alternatives, The ENGINEER
will review the original alternatives presented in the 2002 EA and identify,
if necessary, additional aeronautical alternatives for consideration in the
EA Update. The alternative evaluation will include the "No -Action", the
Page 4of 1
CADocurnents and settingsTeistiko\Local settings7emporary Internet FileslContent.0u�look\UFA68)JW\0043 Kalispell city Amend
#1. doo
"Reconfigure and Expand on the Existing Airfield", and the "Develop a
New Airport at an Alternate Site' alternatives included in the 2002 EA and
any new alternatives that may not have been considered at that time.
Original and additional alternatives will be discussed with the FAA and
refired as necessary.
1.13 Review and Amend the Affected Environment, The ENGINEER will use
pertinent literature sources, data gathered through field inventories of the
project area, and other sources of information to quantify and prepare a
discussion of the existing environmental conditions at the Kalispell City
Airport. Changes in local development and land uses, the community,
socio-economic trends, water resources, biotic communities, wildlife, and
other environmental categories will be reviewed and evaluated. The
revised information will provide a "baseline" for the re-evaluation of the
impacts of reasonable alternatives.
1.14 Identify the Impacts of Aeronautical Alternatives. The ENGINEER will
identify the impacts of the reasonable alternatives under consideration In
the EA Update. The direct, indirect, and cumulative impacts if any) of
each alternative on the physical, biological, human, and cultural
environments of the project area will be identified. whenever possible,
generally accepted analytical' techniques will be used to quantify the level
of impact. The ENGINEER will rely on studies and investigations
performed for the 1999 Master Elan and the 2002 EA for the
recommended alternative. The noise study described in Task 1.6 will
include modeling for the proposed alternative with and without an increase
in jet aircraft operations.
1.15 Develop Mitigating Measures for Impacts. The ENGINEER will work
with the SPONSOR and resource agencies to develop measures to
reduce or eliminate the adverse environmental impacts of the proposed
action. Appropriate mitigating measures will be specified in a list of
environmental commitments to be included in the EA Update.
Development of a Noise Compatibility Program is net anticipated at this
time.
1.16 Prepare Draft EAR The ENGINEER will prepare a Draft EA Update to
concisely present the purpose and need for the project, the alternatives
considered for the proposed action, the environmental impacts of each
alternative, and the results of agency consultations about the project. The
Draft EA Update will be a standalone document, superseding the EA
prepared in 2002, and will contain tables and graphics specifically
designed to clearly illustrate the proposed action and related impacts.
The ENGINEER EER will provide the SPONSOR and the FAA with a
preliminary version of the Draft EA Update for review and comment. After
Page 5 of 1
CADocum ents and settin gsV1eistjko%Local Sett€ng:sITem porary Internet FileslContent.Outlook\UFA6$ idmOD43 Kalispell City? Amend
#1 .doe
the PONSOR's and FAA's comments have been satisfactorily addressed
and the document has been approved for distribution, the ENGINEER will
produce 11 copies of the Draft EA Update. The ENGINEER assures that
the SPONSOR will be responsible for publishing a notice of the Craft EA
Update's availability and for distributing the document to interested parties.
1.17 Public Involvement. The ENGINEER assumes that public review of the
EA Update will he accomplished through the distribution of the document
and through the publication of a news release or legal notice announcing
the availability of the EA update, summarizing its content, and soliciting
public comment. The ENGINEER EER will prepare the text for a news release
or legal notice for the SPONSOR. The ENGINEER has planned for three
(3) public meetings for the EA Update effort which are more thoroughly
described as follows:
The first public informational meeting is anticipated for January,
2010. It will be scheduled shortly after the first stakeholder meeting.
The goal of the fiat meeting is to formally present the proposed
project to the public. The EN INEER's presentation will include a a
review of past planning and development at the airport, a
description of the EA Update process, purpose and need for the
project, alternatives considered in the EA, and the recommended
development identified on the ALP. The ENGINEER will document
comments, suggestions, and issues from the public on all
alternatives and the recommended development for use in refining,
if necessary, the proposed action.
A second public informational meeting will be held prior to
completion of the draft EA Update document. The goal of the
second meeting is to review any changes or updates to the
information provided in the fiat meeting. The ENGINEER gill
document comments, suggestions, and issues from the public on
the recommendations included in the draft EA Update.
One (1) formal public hearing will be necessary for this PROJECT.
The public meeting will be held a minimum of 30 days after the draft
EA Update is made available to the public through formal
advertisement and notification.
1.18 Produce Final EA. The ENGINEER gill review agency and public
comments received from the circulation of the EA Update and prepare
responses to substantive comments. Revisions or additions to the tent,
content of the document, or graphics will be made in response to the
comments, The ENGINEER will prepare 11 copies of the final document
and deliver them to the SPONSOR for distribution.
1.19 Prepare Finding of No Significant Impact (FONSI). Assuming that an
Page 6 of 13
CADocuments and 8ettingsV1ejst1ka\ oca1 settings\Temporary Internet Files\Content,Outlook\UFA681JW\0043 Kalispell City, Amend
#1.doc
Environmental Impact statement (EIS) is not required as a result of the EA
Update, the ENGINEER will prepare a draft "Finding of No Significant
Impact (FONSI)" for FAA review and action. The ENGINEER will
coordinate the advertisement and issuance of the FO N I with the FAA
and sponsor and include the F NSI with the Final EA Update.
.0 SERVICES NOT INCLUDED. The following services may be required for this
project but are not included in the scope of work and are not part of the
engineering fees? Tasks which are not included under this scope of work are
described as follows:
0 Pilots Survey/Questionnaire
0 Cultural Resource Investigations
a Wind Coverage study
Additional Planning for Changes to Airport Development Requirements
0 Biotic Community, Wetlands, and Wildlife Field Reviews
.0 PREPARATION AND DISTRIBUTION OF DOCUMENTS. Printing and
Distribution of the Environmental Assessment Update will be as follows:
tr � --
:= - - -......
- :Pj,
----
Draft EA Update
Final EA Update and FON I
9
9
211
211
4.0 TIME OF PERFORMANCE. services will be provided by the ENGINEER in
accordance with the following tentative schedule (which is subject to change):
_ _
___ _ _
_ _ _ _ _ _ - _ - _ _ ___
_
Y:A � �__ - - ..
.. ... - - .... .
- -
- _ _ ..
r _
H. �..
Develop Workscope, Fee, and Complete Contract
Negotiations
11 /1 /09
First City Workshop
11 / 0/09
[_!Jpdate Aviation Forecasts and Critical Aircraft Determination
1 /04/09
Second City Worksho
12/15/09
Amend Existing Airport_ Facilities and Airport Design Criteria
1 /24/09
Hold First Stakeholders Meeting and Public Informational
Meeting
1 /15/10
Prepare Purpose and Need Narrative
11 5/10
Revise Proposed Action Improvements
/511 0
Complete Agency Coordination for scoping Environmental
Issues
3/1 /10
Hold second stakeholders Meeting and Public Informational
Meeting
1 4/10
Complete Draft EA Update Document
4/ 3/ 10
Hold Public Hearing on Draft EA Update
5/11 0
Page 7 of 13
C:%Documents and settin gsV1eistiko\Local settings\Tern porary Internet Filas\Content.O ujtlook\U FAC)$IJW\00 Kalispell City Amend
# 1.doo
' - - - - _ _
-
Y. -
y..
- "
Prepare FONSI and Publish Final EA Update 6/18/10
Page 8of1
C:\Documents and SettingsVIeisti ko\Looa I Settings7emporary I ntemet File$\Content, O utlook\U FA881JW\0043 Kalispell City Amend
#1. doo
ARTICLE 11 - BASIS OF COMPENSATION
The Original CONTRACT AGREEMENT Provisions for Article 11 - Basis of
Compensation are retained in their entirety.
Page 9 of 13
CADocuments and SettingsVIelstiWILocal Settings\Tern parary lnternet Files�Content.Outfook1 FA68IJi 0043 Kalispell City Amend
fl.doc
ARTICLE III - PAYMENT FOR SERVICES
Eased on the scope of the project described in ARTICLE 1, the SPONSOR shall pay the
ENGINEER as per the following:
1,0 TASK ORDER 1 — ENVIRONMENTAL ASSESSMENT UPDATE
ATE
1.1 The SPONSOR shall pay the ENGINEER EE for all work defined in Task
Order 1 a lump sum fee of a
shown in Appendix A, attached hereto.
1.2 Progress payment shall be made in proportion to services rendered and
as indicated within this Agreement and shall be due and oaring within thirty
(30) days of the ENGINEER's invoice. The ENGINEER relies on
payments from the SPONSOR when due to meet ENGINEER's payroll
and other costs of doing business. if payment of the amounts due or any
portion thereof is not made as prescribed above, interest on the unpaid
balance thereof will accrue at a rate of (1%) per month and become due
and payable at the time said overdue payments are made.
2.0 MISCELLANEOUS EOU COST ITEMS
.1 The OWNER will not pay percentage marls -up charges for reimbursable
expenses except for work performed by pre -approved sub -consultants.
The percentage mark-up for services performed by pre -approved sub -
consultants shall not exceed 1o.
2.2 The OWNER shall not be billed for fax charges, regular postage, express
delivery, telephone charges, or other normal office overhead items. Such
expenses shall be deemed overhead and included in the E I NEER'
Fee Estimates in Appendix A.
Page 10 of 13
ADocum ents and Settings%f1eistiko\Lora1 Settings\Temporary Internet Files\ ontent.O utlook\UFA681J V10 3 Kalispell City Amend
#1. doo
ARTICLE IV _ OBLIGATION OF THE SPONSOR
The Original CONTRACT AGREEMENT Provisions for Article Iv - Obligation of the
SPONSOR are retained in their entirety.
Page 11 of 13
CADocurnents and Settirngslfieistikoo Local Settings\Tempora Internet Files\Content.OutlookkUFA681JI O043 Kalispell City Amend
41.doc
ARTICLE V - ADDITIONAL SERVICES
The Original CONTRACT AGREEMENT Provisions for Article V - Additional Services
are retained in their entirety.
Page 12 of 13
0:�aocuments and Setti ng0leistiko l ocal Settings\Tern parary I ntemet FIles�Content.Outlook.JFA681JW\0043 Kalispell City Amend
41.doc
ARTICLE V1- GENERAL PROVISIONS
The Original CONTRACT AGREEMENT Provisions for Article VI - General Provision
are retained in their entirety.
Page 13 of 1
C-Mocuments and SettingslfleistikolLcal Settings\Temporary Internet FileslContent_Outiook\UFA681JVV\0043 Kalispell City Amend
#1.dor,
ARTICLE V11 - ATTACHMENTS, SCHEDULES, AND SIGNATURES
AMENDMENT DESCRIPTION. This Amendment No. 1 (consisting of pages 1 to
14 inclusive) and Appendix A constitute the entire Agreement between the
SPONSOR and the ENGINEER and amends prior written understanding and
supersedes all oral understandings. This Amendment No. 1 may only he
amended, supplemented, modified, or canceled by a d uiy executed written
amendment or notification.
. APPENDIX DESCRIPTION.
Appendix A — Consultant Fee Proposal
WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 a this
day of November , 2009.
CITY OF 1ALI PEL AND KALISPELL CITY A) RPORT
B
Airport Manager
B
City Manager
STELLING ENGINEERS, INC.
B
Principal
Page 14 of 13
C;1Documeats and SettingsVleistiko\Local SettfngsUernporary rnternet Files\Centent.Outlook\UFA68]J V\00 Kaiispel# City Arend
#1.doc
APPENDIX A
CONSULTANT FEE PROPOSAL