2010/07/19 FAA Grant and Engineering Service Contract Amendment #1 - City Airport�� = - _ = City of Kalispell
Post Office Box 1997 -Kalispell, Montana 59903
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TO: Mayor Tammi Fisher
Kalispell City Council
FROM: Jane Howington, City Manager
Fred A. Leistiko, City Airport Manager
SUBJECT: Amendment 1 to Engineering Service Contract & FAA Grant Acceptance
MEETING DATE: July 19, 2010
BACKGROUND: The FAA has recommended an update of the city' s existing Airport
Master Plan prepared in 1999 as a way to meet aviation demands on the airport in the most
feasible financial manner. The Master Plan Update will provide a graphic and written
presentation of future development and land uses. The Scope of work establishes
implementation schedules, technical plan justifications, and future planning processes: and will
incorporate input from the public sector, local pilots, stakeholders on and off the airport, and will
address concerns of state and federal agencies.
The project would include, but is not limited to:
• Reviewing existing data and updating airport information.
• Updating aviation forecasts.
• Conducting a noise study.
• Reviewing, refining, and assessing aeronautical alternatives.
• Developing Capital Improvement Plans for alternatives.
■ An environmental overview.
• Updating the Airport Layout Plan.
• A public outreach program consisting of no less than five (5) public informational
meetings.
• Maintaining a new Kalispell City Airport website throughout the project.
RECOMMENDATION: Council approve Amendment #1 to the Engineering Service contract
with Stelling Engineers and accept the FAA Grant in the amount of $92,910.00.
FISCAL IMPACTS: The FAA will fund 95% ($92,910.00) of this project and the Airport Tax
Increment District will fund 5% ($4,890.00) of the project.
Respectfully submitted,
0ane Howington, City Mana r
f% A
Fred A. Leistiko, City Ajkport Manager
0
U.S. Department of Transportation
Federal Aviation administration
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Date of Offer: July 12, 2010
Proj ect No: 3 -3 0-0043-003-2010
Contract No: DOT-FA1ONM-2032
DUNS No: 021996665
TO: City of Kalispell, Montana (herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration., herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA. a Project Application dated .Tune 25, 2010, for a grant of Federal funds
for a project at or associated with the Kalispell City Airport, Kalispell, Montana, which Project Application, as approved by
the FAA, is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for the Airport (herein called the "Project") consisting of the following:
Update Airport Master Plan Study
all as more particularly described in the Project Application.
Now therefore, pursuant to and for the purpose of carrying out the provisions of Title 49, United States Code, as amended,
herein. called "the Act", and in consideration of (a) the Sponsor's adoption and ratification of the representations and
assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the
benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the
assurances and conditions as herein provided, The Federal Aviation Administration, For And on Behalf of The United
States, Hereby Offers And Agrees to pay, as the United States share of the allowable costs incurred in accomplishing the
Project, 95.00 percent.
This Offer is made on and subject to the following terms and conditions:
3411�► � I
The maximum obligation of the United States payable under this Offer shall be $92,910.00. For the purposes of
any future grant amendments which :may increase the foregoing maximum obligation of the United States under
the provisions of Section 47I08(b) of the Act, the following amounts are being specified for this purpose:
$ 92,910.00 for planning
$ for airport development or noise program implementation.
2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for
consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with
the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the
United States share will be based upon the final audit of the total amount of allowable project costs and settlement
will be made for any upward or downward adjustments to the Federal share of costs.
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4. The Sponsor shall carry out and complete the project without undue delay and in accordance with the terms hereof,
and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances
which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.
6. This Offer shall expire and the United States shall not be obligated to pay any part of the costs of the project unless
this Offer has been accepted by the Sponsor on or before July 23, 201.0, or such subsequent date as may be
prescribed in writing by the FAA..
7. The Sponsor shall take all. steps, including litigation if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which.
Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means
funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal
grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal
share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to
the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise
from, or be incident to, compliance with this grant agreement.
SPECIAL CONDITIONS
9. INFORMAL LETTER AMENDMENT OF AIP PROJEi CTS: It is mutually understood and agreed that if,
during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds
the expected needs of the Sponsor by $25,000.00 or five percent (5%), whichever is greater, the maximum
obligation of the United States can be unilaterally reduced by letter from the FAA advising of the budget change.
It is further understood and agreed that if, during the life of the project, the FAA determines that a change in the
grant description. is advantageous and in the best interests of the United States, the change in grant description will
be unilaterally amended by letter from the FAA. Upon issuance of the aforementioned letter, either the grant
obligation of the United States is adjusted to the amount specified or the grant description is amended to the
description specified.
10. MAXIMUM OBLIGATION INCREASE FOR NON -PRIMARY AIRPORTS: In accordance with Section
47108(b) of the Act, as amended, the maximum obligation of the United States, as stated in Condition No. I of this
Grant Offer:
a. may not be increased for a planning project;
b. may be increased by not more than 15 percent for development projects;
C. may be increased by not more than 1.5 percent or by an amount not to exceed 25 percent of the total
increase in allowable costs attributable to the acquisition of land or interests in land, whichever is greater,
based on current credible appraisals or a court award in a condemnation proceeding.
11. A-133 AUDIT: The Sponsor shall. provide for an annual audit in accordance with Office of Management and
Budget Circular A-133. The Sponsor shall provide one copy of the completed A-133 Audit to the Helena Airports
District Office and three copies of the audit to: Federal Audit Clearinghouse, Bureau of the Census, 1201 1 of
Street, Jeffersonville, IN 47132.
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B. 'T`RA.FFICKING IN PERSONS:
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not
i. Engage in severe forms of trafficking in persons during the period of time that the award
is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. we as the Federal awarding agency may unilaterally terminate this award, without penalty, if you
or a subrecipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a. I of this award term.; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a. I of this award term through conduct
that is either
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization. that are provided in 2
CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency at 49 CFR. Part 29.
b. Provision applicable to a recipient other than a private entity. we as the Federal awarding agency may
unilaterally terminate this award, without penalty, if a subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a. I of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to
have violated an applicable prohibition in paragraph a.I of this award term through. conduct that is
either---
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines
to Agencies on Governrnentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 49 CFR Fart 29.
c. Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any source alleging a
violation of a prohibition in paragraph a. I of this award term.
2. Our right to tern irate unilaterally that is described in paragraph a.2 or b of this section.:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as
amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this
award.
3. You must include the requirements of paragraph a. of this award term. in any subaward you make
to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
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i. An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual whose
services are contributed by a third party as an in -kind contribution toward cost sharing or
matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the definition.
of Indian tribe at 2 CFR 175.25(b).
B. A. for --profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be
evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall
comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States
and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as
provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
David S. Stelling, Manager
Helena Airports District Office
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ACCEPTANCE
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements
contained in. the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept
this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project
Application.
Executed this day of 01fl.
(SEAL)
Attest:
Title:
City of Kalispell,, ,Montana
(Name of Sponsor)
M
(Sponsor's Designated Official Representative)
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the Laws of the State of
Montana. Further, -I have examined. the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto,
and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that
the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement
constitutes a legal and binding obligation of the Sponsor in accordance with. the terms thereof.
Dated at
this day of , 2010.
Signature of Sponsor's Attorney
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THIS AMENDMENT NO. 1, made and entered into this day of , 2010
by and between the City of Kalispell, with offices located at 201 First Avenue East,
Kalispell, MT 59901, hereinafter referred to as "SPONSOR;" and Stelling Engineers,
Inc., with offices located at 1372 Airport Road, Kalispell, MT 59901 and 614 Park Drive
South, Great Falls, Montana, 59405, hereinafter referred to as "ENGINEER."
This Task Order will consist of preparing a Master Plan Update to information
presented in the City of Kalispell Final Master Plan StudylAliport Feasibility Study
(August, 1999 - Morrison-Maierle, Inc.); and other subsequent planning documents
referencing the 1999 Master Plan including the Amendment to the Final Master
PlanlAirport Feasibility Study, City of Kalispell (December, 1999 - Morrison-Maierle,
Inc.), the Kalispell City Airport Site Selection Study (September, 2001 - Robert Peccia &
Associates, Inc.), and the Kalispell City ,airport Final Environmental Assessment
(December, 2002 - Robert Pecci a & Associates, Inc.)
' IT ESSETH:
WHEREAS, the SPONSOR intends to complete the Master Plan Update for the
Kalispell City Airport, hereinafter referred to as "the PROJECT";
AND, WHEREAS, the SPONSOR is desirous of adding engineering services for
providing Basic Services as described in Item 2 — Scope of Services included in the
original agreement;
AND WHEREAS, the SPONSOR and the ENGINEER agree that all terms,
conditions, and assurances included in the original agreement apply to this Amendment
unless explicitly revised herein;
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OW, THEREFORE, in consideration of these premises and the mutual
covenants herein contained and the financial consideration for the services rendered
under this Amendment as detailed under Article III - Payment for Engineering Services,
the parties hereto agree as follows:
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1 E0 MASTER PLAN UPDATE. The ENGINEER will prepare a Master Plan Update
to review and amend planning information prepared for the original Airport
Master Plan completed in 1999. The Kalispell City Airport Master Plan Update is
intended to provide for future airport development which will meet aviation
demands in a feasible financial manner. The ENGINEER will prepare an Airport
Master Plan Update in accordance with FAA Circular No. 1 5015070-0E3 (dated
July 29, 2005) "Airport Master Plans.' Planning requirements will primarily be
guided by FAA circulars 150/5300-13 "Airport Design" (as amended) and
1 5015325-4B "Runway Length"; and supplemented by all other applicable AC's.
The purpose of the Master Plan is to determine the type of airport facilities that
are appropriate for Kalispell City Airport based on current and forecast aircraft
activity and how the present airport can be modified to provide the required
service and meet FAA standards.
The Master Plan Update will provide a graphic and written presentation of future
development and land uses. It will also establish implementation schedules,
technical plan justifications, and future planning processes; and it will incorporate
input from the public sector, local pilots, and address concerns of state and
federal agencies.
The planning will be performed by the ENGINEER under the direction of the
SPONSOR. The ENGINEER will provide technical assistance and advice to the
SPONSOR, and the SPONSOR will make decisions and provide direction to the
ENGINEER. During the development of the Master Plan Update, working
drawings and data will be prepared by the ENGINEER and submitted to the
SPONSOR and FAA for review. The proposed scope of work for the Master
Plan Update is as follows:
1 1 Prepare Agreement. The ENGINEER will establish a preliminary scope
of work for the Master Plan Update and submit a draft to the SPONSOR
and FAA for review and comment. The ENGINEER will revise the draft
work scope following comments from the FAA Helena ADO and the
SPONSOR and submit a final scope of work for FAA concurrence.
Following FAA concurrence, the ENGINEER will prepare the fee estimate
and document fee negotiations with the SPONSOR. An Independent Fee
Estimate will be conducted if the negotiated fees exceed $100,000.
Over the course of project scoping, the ENGINEER will attend three (3)
scoping meetings with the SPONSOR including one (1) meeting with the
FAA to scope out the planning requirements for the Master Plan Update.
The Principal and Project Manager will attend all three (3) scoping
meetings. The ENGINEER has budgeted three 3 tri s for Principal,
located in our Great Falls office, -to attend the scopincl meetings.
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1.2 Prepare FAA Pre -Application and Grant Application. Prepare and
submit pre --application and project schedule to the FAA for Federal
Assistance. Prepare planning grant application following FAA
concurrence of scope of work and fees. Grant application will include
summary of project costs and narrative; submit applications to the FAA for
review and approval. Coordinate signatures on grant applications and
grant offers.
1.3 Prepare work Plan. The ENGINEER will prepare a detailed work plan
that identifies communication protocols, Master Plan Update schedule, key
project deliverables, invoicing/payment requirements, and the Public
Involvement Process. The work plan will serve as the project tracking tool
throughout the Project.
1.4 Review Existing Files and Collect Historical Airport Information.
Conduct a review of files and drawings on file with the SPONSOR and at
the Helena Airports District office of the FAA. This review would include
previous grant documents, planning documents, environmental
documents, land files, correspondence, and drawings. One 1 trip to the
FAA Helena ADO will be conducted to review and copy historical project
files from the FAA's archives.
1.5 Pilot Survey. The ENGINEER will prepare and mail a questionnaire to all
aircraft owners with based aircraft at the Kalispell City Airport and to
owners of aircraft registered in Flathead County. The pilots survey will
extend to registered aircraft owners in Lake County, Sanders County, and
Lincoln County who may use the facility on a transient basis. The.
questionnaire will survey pilots on their use of the City airport including
estimated annual operations, type(s) of aircraft flown in and out of the City
airport, projected operations if the airport was improved, hangar or ramp
use, adequacy of navigational aids, adequacy of runway, and adequacy of
apron capacity. The ENGINEER will prepare and mail out a printed
survey questionnaire to all registered pilots as well as develop and
maintain a web -based survey site.
In conjunction with the Pilot's Survey, the SPONSOR intends to conduct a
random survey of Kalispell residents and businesses to determine city-
wide support (or lack of) for the airport. Data from the pilots survey and
City surveys will be compiled and quantified for interpretation and
development of conclusions.
1.6 review Existing Data and Update Airport Inventory. All existing
available plans, drawings, specifications, etc., will be reviewed. Current
airport facilities will be reviewed to establish changed conditions at the
Airport. All historical records on the airport will be assembled. The ALP
AutoCAD files prepared by Robert Peccia & Associates, Inc. will be
converted into the ENGINEER's standard format. The ALP will be revised
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to show any changed conditions to Airport pavements, runway protection
zones, navigational aids, electrical, land ownership, easements, and
airspace data.
1.7 Update ► viation Forecasts. Twenty-year aviation forecasts presented in
the current Terminal Area Forecast (TAF) and the Montana State Aviation
System Plan (MSASP) will be updated to reflect current based aircraft and
operations. This work effort will provide updated information on the type
and frequency of aircraft using the airport. Data on the frequency of
aircraft using the airport will be collected using radar sensing traffic
counters which will be installed near the ends of the existing runway ends.
Data will be collected for a period of one (1) year to establish
representative data on the frequency of aircraft operations at the Kalispell
City Airport. Traffic counters will record the movement of aircraft near the
ends of the runway. The resulting data will be used for updating the
estimated forecasts in the TAF and 1MSASP. The update will also include
review of historical data such as airport master records, National Plan of
Integrated Airports System (NPIAS) data, population trends, and any other
available forecasting information. In addition, potential new business and
industrial opportunities which might utilize the airport following
development of the proposed improvements will be evaluated to ascertain
impacts to the forecast aviation demand and design aircraft. The fleet of
aircraft, forecasts and other appropriate data will be used to evaluate the
potential for larger aircraft usage at the airport, including the potential for
aircraft with more than ten (10) seats. Updated forecasts will present total
operations including a separate breakout of itinerant and local operations,
based aircraft and the mix of based aircraft, and operations by aircraft
type. The forecasts will be used to determine whether or not the proposed
development established in the original Master Plan is consistent with the
forecast aviation operations for the planning period. The ENGINEER will
provide the FAA the updated forecasts for review and approval or revision.
This task will re uire the assistance of the Airport Manager to inventory all
currently based aircraft at the Air ort and obtain "N" numbers for each
aircraft. The ENGINEER will develop a detailed list of information readily
available for each aircraft including make and model in order to classify
the ARC Code of each based aircraft.
1.8 conduct Airport Noise studies. The ENGINEER will perform a noise
study and prepare applicable Noise Exposure [Maps (N E lMs) to establish a
reasonable estimate of noise generated at the airport. Updated NEMs will
be prepared for existing airport operations and the proposed future
development with and without an increase in jet aircraft operations. NEMs
will be prepared using the Integrated Noise Model (INM) each condition.
Kalispell City Airport does not meet the operations threshold required for a
complete FAR Part 150 Study. The purpose of the noise studies under
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this task is to provide updated information on noise generated at the
airport for city Staff and the general public.
1.9 Review Airport Planning Criteria. The ENGINEER will review and
revise, if necessary, the critical aircraft by approach category and
wingspan (Airport Reference Code -ARC) to confirm the airport design
requirements used to establish the proposed improvements on the current,
approved Airport Layout Plan (ALP). The critical aircraft will be used to
determine whether or not the proposed development in the ALP is
consistent with the forecast aviation operations for the planning period. In
conjunction with the forecasting task, runway length will be verified for the
fleet of aircraft using the airport. The ENGINEER will consult with the
SPONSOR and FAA if the results of the aviation forecasts or the
identification of the critical aircraft warrant a change to the recommended
development at the airport.
1.10 Review, Refine and Assess Aeronautical Alternatives. The ENGINEER
will review the original alternatives presented in the 1999 Master Plan (and
Amendment), the 2001 Site Selection Study, and the 2002 Environmental
Assessment and identify, if necessary, additional aeronautical alternatives
for consideration in the Master Plan Update.
The 1999 Master Plan included five (5) alternatives in the "Site Analysis"
section of the document including "Existing Alignment, B-11 Alternative", "5�
Re --Alignment, B-11 Alternative", "$1 Million Alternative", "Generic Off -Site
Alternative", and "No -Development Alternative". Each of these original
alternatives will be reviewed to determine if they are still viable options.
Further analysis may be warranted for presently viable options. Based on
a preliminary assessment of the Kalispell City Airport, the following
alternatives are anticipated:
® Re -align existing airfield and upgrade to B-11 standards with angle
of rotation to be determined;
® lrr rove existing airfield to under current B-I standards not eligible
for Federal f undingl
9 New, off -site airfield relocation;
Closure of city Airport and Relocation of Tenants to Glacier Park
International Airport;
No development or do nothing.
Alternative #1 - "Existing alignment, B--11" alternative from the original
Master Plan is not likely viable any longer. New development along Us
Highway 93 over the past 10 years will require some shifting or rotation of
the airfield to achieve B-11 standards.
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The original sites evaluated in the Site Selection Study (Robert Peccia and
Associates — 2001) will be reviewed to determine if they are still viable. If
the original sites are no longer suitable for development of a new airfield,
an evaluation will be made for suitable replacement sites. An evaluation
of alternate airport sites will be performed to determine the feasibility o
relocating the Kalispell City Airport to an alternate site. The findings and
conclusions in the 2002 Site Selection Study will be updated and included
in the Master Plan Update.
Under this task, the ENGINEER will develop and present viable runway
configurations to the SPONSOR in order to solicit ideas and obtain a
consensus on the preferred development alternative. Runway and
taxiway configuration alternatives will be based on the following items.
a Environmental Consequences
Airspace Assessment and obstructions
e Topographic Considerations of Existing Airport Site Including
Recent Development along US Highway 93
e operational Capabilities
0 Expandability
0 IFR Potential (LPV Approach)
i Development Costs and/or Costs Related to Airport Closure
e Ground Access
e Compatible Land Use
9 operations and Maintenance Considerations
i Public Acceptance
Wind Coverage (Based on Available wind Data)
In addition to the development of aviation alternatives, facilities
alternatives will be prepared and evaluated. Facilities alternatives will
include further planning for potential FBos, private hangar development,
fueling facilities, and the necessary taxilanes/aprons and vehicle access
roads needed to support the airport.
1.11 land ownership. Update existing land ownership showing land under
the jurisdiction of the Airport that can be used for airport activities and
ownership of land identified for alternate uses. Identify ownership of
adjacent properties and establish land acquisition requirements for each of
the alternatives developed under Task 1.14. ENGINEER mill:
* Collect information on airport property from the ADO, SPONSOR,
and the Flathead County Courthouse;
* Review existing information on land ownership to establish land
available for airport facilities.
* Prepare exhibits that identify land acquisition requirements for each
alternative.
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1.12 Preliminary Cost Estimates. Prepare preliminary cost estimates and
justification for all alternatives to enable evaluation and comparison of the
options by the FAA and the SPONSOR. Following review of the
preliminary alternatives, justification of alternatives, and selection of a
preferred alternative, additional refinement of the cost estimates will be
made as necessary. The cost estimates will be of sufficient detail for the
SPONSOR to plan financing for future improvement projects. Cost
estimates will be prepared separately for each year of development and
be presented in a capital improvement program (CIP) format approved by
the FAA.
It is anticipated, based on prior plannin studies and recent City Council
worksho s that there may be two Q feasible alternatives that re uire
more detailed analysis on costs. The preparation of a separate Capital
Improvement Plan for each of the feasible alternatives will provide the
SPONSOR with additional information that may be needed to make final
gPt=rfinn
1.13 Capital Improvement Plan. Prepare Capital Improvement Plans (CIPs)
for the two 2 highest ranked alternatives. CI Ps will include a breakdown
of improvement costs for short-range (0-5 years), medium -range (6-10
years), and long-range (11-20 years) development. Each CI P will:
• Establish potential development or equipment projects for each
year and estimate costs of proposed improvements by individual
improvement type.
• Assess federal and state sources of revenue.
• Evaluate local and Airport revenue sources.
• Establish a detailed Financial Plan that depicts a realistic funding
strategy for the recommended improvements. The Financial Plan
will identify annual airport revenues and expenses, sources of local
funding, and realistic estimate of Federal and State funding that
would be used to complete the recommended improvements.
• Establish the costs of required maintenance.
• Determine financial feasibility of improving airport, establish
priorities, and schedule improvements based on financial
resources.
1.14 Environmental overview. Conduct an environmental overview of the
recommended development alternative. Letters sharing the conceptual
plan will be mailed to the different agencies to seek out potential issues.
The overview will address environmental issues resulting from agency
comments and public input from the public meetings held during the draft
master planning process and at the conclusion of the Master Planning
process.
1.15 Draft Master Plan Update Report. Prepare draft Master Plan Update for
SPONSOR, community, and FAA review.
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1.16 Final Master Plan Update Report. Prepare final Master Plan Update
Report which incorporates and addresses comments from the draft Master
Plan process. Publish final report incorporating comments from the final
Master Plan Update public hearing.
2.0 AIRPORT LAYOUT PLAN UPDATE. The existing Kalispell City Airport Layout
Plan (ALP) will be updated concurrently with the generation of the Master Plan
Update. The ALP drawing set will be prepared in accordance with FAA
standards contained in AC 150/5300-13 (as amended) and the most current FAA
ALP checklist. The ENGINEER will provide reproducible drawings and computer
files (AutoCAD versions) at the conclusion of the study to the SPONSOR.
At the completion of the draft master Plan Update, a draft ALP drawing set will be
prepared for review by the SPONSOR and the FAA. The draft ALP drawing set
will be accompanied by a completed FAA ALP checklist and craft Master Plan
Update Report. Following final review of the documents by the SPONSOR and
FAA, the ENGINEER will make final revisions to the ALP and master Plan
Update Report. The ENGINEER will be responsible for delivery of the final
products to the FAA.
The ALP drawing set shall consist of the following drawings:
2.1 Airport Layout Plan. The Airport Layout drawing will be updated in
accordance with the above -cited references. It will be prepared on a 24" x
36" sheet, as will all drawings, with a scale determined by airport size,
using as large as scale as possible, but within the range of 1 if = 200' to 1 "
600'. within the required data will be information describing the existing
conditions, future and ultimate airport configuration, basic airport needs,
need for land acquisition and wind rose data based on available
information. All existing and proposed modifications to FAA design
standards will be identified on the drawing with a time frame for mitigation.
The Airport Data and Runway Data tables and other data will be prepared
according the AC 150/5300-13 (including latest changes) and the latest
ALP checklist. The ALP drawing will require ties to NAVD 88 and NAD 83
datums and ties to two section corners in close proximity to the airport.
One (1) trip is planned for a registered land surveyor to complete the
survey requirements.
In conjunction with the preparation of the ALP, a new aerial photograph
will be completed for use in preparing an updated base map of the Airport.
A single flight is planned to complete the low flight -level photography. The
aerial photograph will encompass the airport property, proposed
development areas and developed areas adjacent to the airport, extending
to the KG EZ radio towers.
2.2 Terminal Area Layout Plan. The Terminal Area Plan will be revised to
show existing development since the last ALP was approved and
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preferred future development. The drawing will show current and future
apron areas as well as current and future hangar development areas. The
scale will be determined by the overall size of the area, using as large as
scale as possible, but within the range of 1 if = 50' to 1 " = 200`. The
Terminal Area Plan will include a table identifying all existing and
proposed facilities/buildings on Airport property with heights, elevations,
and penetrations (if any) into Part 77 surfaces.
2.3 Airport Airspace Plan. An Airport Airspace drawing will be prepared
which depicts imaginary surfaces as defined in FAR Part 77. The Part 77
surfaces will be superimposed on a USGS 7.5 minute quadrangle map.
Objects or terrain which penetrates any of the surfaces will be identified.
2.4 Airport Approach surface Plan. An Airport Approach Surface drawing
will be prepared which depicts the existing and future approach
procedure(s) with applicable surfaces as defined in FAR Part 77. The
procedures and Part 77 surfaces will be superimposed on a USGS 7.5
minute quadrangle map. Objects or terrain which penetrates any of the
surfaces will be identified. An obstruction identification table will be
included on the plan and identify any obstruction mitigation.
2.5 Airport departure surface Plan. An Airport Departure Surface drawing
will be prepared which depicts existing and future departure procedure(s)
with applicable 40:1 surfaces as defined in TERPS. The procedures and
Part 77/TE RPS surfaces will be superimposed on a USGS 7.5 minute
quadrangle map. Objects or terrain which penetrates any of the surfaces
will be identified. An obstruction identification table will be included on the
plan and identify any obstruction mitigation.
2.6 Inner Portion of Approach Surface Drawing. An Inner Portion of the
Approach Surface drawing will be prepared showing plan and profile views
of the inner portions of approaches, usually limited to RPz areas. Plan
views of each RPz will be superimposed over aerial photographs of each
area. An obstruction identification table will be Included on the plan and
identify any obstruction mitigation.
2.7 Exhibit "A", Property Map. An Airport property map (colored) will be
prepared showing current ownership and future land requirements.
3.0 PUBLIC OUTREACH PROGRAM. The ENGINEER will administer a Public
Outreach Program to effectively communicate information on the planning
process to the general public, affected land owners, critical stakeholders, and
agencies in an understandable and friendly format. Specific elements of the
Public Outreach Program include the following:
3.1 Public outreach Plan. The ENGINEER will develop and administer a
detailed Public Outreach Plan that identifies key stakeholders,
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communication protocols, reporting forms, information sources, public
meeting schedule, discussion documentation procedures, and project
record requirements. Specific elements of the Public outreach Plan
include the following:
• Development of "consistent" message to be used by ENC IN E ER's
Planning Team and SPONSOR throughout the planning process.
• Inform the public and SPONSOR of Federal grant assurance
requirements; educate on the SPONSOR (and public) on the
obligations associated the grant assurances; and identify existing or
potential circumstances which may violate grant assurances.
• Preparation of a written Public Outreach Plan.
• Development and implementation of the Kalispell City Airport web
site. Provide quarterly updates to web site to present recent
findings and current planning alternatives.
• Preparation of quarterly newsletter and distribution to project
stakeholders, landowners adjacent to the airport,
• Attend, participate, and provide support at informational meetings
and presentations, defined as follows:
3.2 Public Informational Meetings. The ENGINEER coordinate, attend, and
prepare record documentation for five Public Informational Meetin s
throughout the course of the Master Plan update. The ENGINEER will
Develop, coordinate, supply, and distribute collateral materials (e.g.,
exhibits, meeting agendas, meeting minutes), as required. The
ENGINEER has budgeted for one keystaff member in our Great Falls
office to attend these meetin s. The manhour budgets include travel time
for 3 of the 5 trips.
The ENC I N E EER will provide a fleeting Facilitator to serve as the agent
for the SPONSOR and ENGINEER in conducting public informational
meetings. The role of the facilitator will be to convey a neutral or third -
party leadership at public informational meetings. The facilitator will
coordinate with the ENGINEER and SPONSOR to understand meeting
participants, their concerns and comments, and actively listen to public
discussion during the course of the meetings. The facilitator will also
effectively maintain order and structure throughout the meetings and
identify the ground rules for public comment at the start of the meeting.
The following meetings are specifically planned for this effort:
Conduct one (1) introductory, kickoff meeting at the beginning of
the project to explain the planning effort to the public and present a
preliminary schedule for public involvement during the process.
Conduct two (2) progress meetings during the planning process.
The first meeting will be intended to present key facility
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requirements and planning data; the second meeting will be
intended to present alternatives. An open house will be scheduled
prior to each of these meetings to allow individual members of the
public an opportunity to discuss the project with the ENGINEER.
Conduct one (1) public review meeting for the draft Master Plan
Update document. An open house will be scheduled prior to this
meeting to alloy individual members of the public an opportunity to
discuss the project with the ENGINEER.
Conduct final Master Plan Update Public bearing. Prepare formal
transcript of Public Meeting discussion.
3.3 Identify and coordinate with Key Project Stakeholders. The
ENGINEER and SPONSOR will develop a list of key project stakeholders
with a direct interest in the Project. stakeholders may include City,
County, and state agencies, business owners, airport tenants, and nearby
residents. The ENGINEER and SPONSOR will develop a
communications plan to contact and meet with stakeholders to discuss
proposed development at the Airport. The ultimate goal of this task will be
to team with key stakeholders early in the planning process and allow a
more active participation in the planning at the airport. Five (5) meetings
will be held in Ka lis ell with the stakeholders in conjunction with the
scheduled Qublic informational meetin s. The ENGII IEER has budgeted
for one ke staff member in our Great Falls office to attend these
rneetiIt is the intent of the ENGINEER to schedule stakeholder
meetings in conjunction with other public informational meetings described
under Task 3.2. The attached rnanhour estimate does not include any
travel time to attend stakeholder meetings; partial travel time for personnel
from the Great Falls office is included under Task 3.2.
3.4 Preliminary Meetings with Affected Landowners. The ENGINEER and
SPONSOR will develop a communications plan to contact and meet with
adjacent property owners to discuss potential development and
improvements at the Airport. Affected landowners are those property
owners whose land may be required to proceed with potential
development at the Airport. The ENGINEER will meet with approximately
eight (8) affected landowners on at least two (2) separate occasions to
disclose information and progress on the planning process. It is the intent
of the ENGINEER to schedule landowner meetings in conjunction with
other public informational meetings described under Task 3.2. The
ENGINEER will fully document the discussions from all meetings for
inclusion in the project record and potential record of negotiations.
3.5 support and coordination for city Sponsored Meetings. The
ENGINEER will provide technical expertise to City staff as necessary
during the planning process to support the City's public outreach. Through
the course of the planning process, City staff will be updating City Council
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and the public on planning progress, meeting with key stakeholders and
landowners, responding to public comment submitted directly to the City,
and surveying businesses and business organizations in the community
regarding the City airport. The ENGINEER will provide assistance to City
staff as requested by attend meetings and Council sessions; preparing
presentation materials, assisting City staff with interpretation of FAA
requirements and generally serving in an advisory role on aviation related
issues.
3.6 Design and Maintain a Kalispell City Airport Website. The ENGINEER
will assist the City of Kalispell with the design and maintenance of a
Kalispell City Airport website in an effort to provide a transparent planning
process and keep the public informed about the status of the planning
effort. The purpose of the website will be to provide the public information
about the planning process for the airport, a project schedule including
information on public informational meetings, and current planning
documents as they become available. The website will be developed and
maintained by the Flathead County IT Department, a subconsultant to the
ENGINEER, and will be directly linked to the City of Kalispell's homepage.
The KCA website will be maintained for the duration of the Master Plan
Update planning phase with the option of continuing through a future
Environmental Assessment Update phase. The website will be updated a
minimum of every three (3) months.
4.0 FROJECT CLOSEOUT REPORT. All costs associated with the Master Plan
Update and the ALP Update will be combined into a single project closeout
report. The ENGINEER will assemble all forms, certificates and drawings that
require submittal in accordance with FAA Policy Guidance Letter #94-03. The
ENGINEER will prepare the closeout documents for SPONSOR approval and
then submit to the FAA for approval.
4.1 Closeout Checklist. Fill out and review FAA ADO furnished checklist to
insure all required submittal items are included in the Final Closeout
Report
4.2 Cancelled Warrants. Assemble all warrant information.
4.3 Financial 34Way Check. Prepare the Final Payment Summary
Worksheet, Summary of Project Costs, and Summary of Cancelled
Warrants. Prepare the final Request for Reimbursement needed to
closeout all payments.
4.4 Overall Closeout Report. Prepare the final (overall) Closeout Report.
5.0 SERVICES NOT INCLUDED. The scope of work described in Sections 1.0
through 4.0 were developed upon the ENGINEER's understanding of the work
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required to complete the Master Plan Update at the onset of the Project. In the
development of this scope of work, there has been one scoping meeting with City
of Kalispell staff and review of the scope of work by the FAA. As with most
planning studies, there is the possibility that the investigative nature of the
planning effort will lead to a need to explore other or evaluate issues that are not
a part of the ENGINEER's original scope of work. With this understanding, the
SPONSOR and ENGINEER agree that any additional work not described in
Section 1.0 would be considered "Additional Services" and would be performed
by the ENGINEER in accordance with the provisions established in Article V ---
Additional Services in the Master Agreement. At the preparation of this
Amendments the following services may be required for this project but are not
included in the scope of work and are not part of the engineering fees. Tasks
which are not included under this scope of work are described as follows:
• wind Coverage Study
• Environmental Field studies (Biotic, Wetlands, Wildlife, cultural, etc.)
• Additional stakeholders Meetings
• Additional Public Meetings
6.0 PREPARATION AND DISTRIBUTION OF DOCUMENTS. Printing and
distribution of the Master Plan Update and ALP Update will be as follows:
-
_ - =___ __-
�vnor
-__=_ =__
F4A
_=_ _=_ _=_ _
... .....
T dal
Draft Master Plan Update
9
2
11
Draft ALP Update
2
5
7
Final Master Plan Update
9
2
11
Final ALP Update*
6*
* The draft ALP will be sent out for an Airspace action. After approval, the
approved ALP will be signed by the SPONSOR and FAA and distributed to the
SPONOSOR, ENGINEER, MDT Aeronautics Division, FAA -- Helena ADO, and
FAA Flight Procedures.
7.0 TIME OF PERFORMANCE. It is anticipated that those services listed above are
to be completed during the time period from June 1, 2010 to April 20, 2012.
Develop Workscope, Fee, and complete contract
Ne otiations 6/21 /10
-Prepare Work Plan and Public Outreach Program 7/30/10
Public Kickoff Meeting 8/17/10
-Complete Pilots Survey and City Surveys 10/29/10
Update Aviation Forecasts and Critical Aircraft Determination 12/17/10
second Public Informational Meeting 1 /13111
Develop Alternatives 3/25/11
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The Original CONTRACT AGREEMENT Provisions for Article 1 - Basis of
Compensation are retained in their entirety.
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Based on the scope of the project described in ARTICLE I, the SPONSOR shall pay the
ENGINEER as per the following:
1.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 1.0
a lump sum fee of Forty -Five Thousand [dollars and no1x 45000.0
as shown in Appendix A, attached hereto.
1.2 Progress payment shall be made in proportion to services rendered and
as indicated within this Agreement and shall be due and owing within thirty
(30) days of the ENGINEER's invoice. The ENGINEER relies on
payments from the SPONSOR when due to meet ENGINEER's payroll
and other costs of doing business. If payment of the amounts due or any
portion thereof is not made as prescribed above, interest on the unpaid
balance thereof will accrue at a rate of (1%) per month and become due
and payable at the time said overdue payments are made.
2.0 AIRPORT LAYOUT PLAN UPDATE
2.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 2.0
a lump sum fee of Twelve Thousand Pyre Hundred Dollars and nolxx
(11-2,500.0 as shown in Appendix A, attached hereto.
2.2 Progress payment shall be made in proportion to services rendered and
as indicated within this Agreement and shall be due and owing within thirty
(30) days of the ENGINEER's invoice. The ENGINEER relies on
payments from the SPONSOR when due to meet ENGINEER's payroll
and other costs of doing business. If payment of the amounts due or any
portion thereof is not made as prescribed above, interest on the unpaid
balance thereof will accrue at a rate of (1%) per month and become due
and payable at the time said overdue payments are made.
3.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 3.0
a lump sure fee of Thlrt -Seven Thousand Dollars and no/xx
?' 000.00) as shorn in Appendix A, attached hereto.
3.2 Progress payment shall be made in proportion to services rendered and
as indicated within this Agreement and shall be due and owing within thirty
(30) days of the ENGINEER's invoice. The ENGINEER relies on
payments from the SPONSOR when due to meet ENGINEER's payroll
and other costs of doing business. If payment of the amounts due or any
portion thereof is not made as prescribed above, interest on the unpaid
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balance thereof will accrue at a rate of (1 %) per month and become due
and payable at the time said overdue payments are made.
is !
4.1 The SPONSOR shall pay the ENGINEER for all work defined in Task 4.0
a lump sum fee of Three Thousand Three Hundred Dollars and no/x
($3,300.00) as shown in Appendix A, attached hereto.
4.2 Progress payment shall be made in proportion to services rendered and
as indicated within this Agreement and shall be due and owing within thirty
(30) days of the ENGINEFP's invoice. The ENGINEER relies on
payments from the SPONSOR when due to meet ENG I N EER's payroll
and other costs of doing business. If payment of the amounts due or any
portion thereof is not made as prescribed above, interest on the unpaid
balance thereof will accrue at a rate of (1%) per month and become due
and payable at the time said overdue payments are made.
5.1 The SPONSOR will not pay percentage mark-up charges for reimbursable
expenses except for work performed by pre -approved sub -consultants.
The percentage mark-up for services performed by pre -approved sub -
consultants shall not exceed 5%.
5.2 The SPONSOR shall not be billed for
express delivery, telephone charges, or
items. Such expenses shall be deemed
FNG I N EER's Fee Estimates in Appendix A
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fax charges, regular postage,
other normal office overhead
overhead and included in the
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!rr
The Original CONTRACT AGREEMENT Provisions for Article IV - Obligation of the
SPONSOR are retained in their entirety.
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The original CONTRACT AGREEMENT Provisions for Article V - Additional Services
are retained in their entirety.
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The Original CONTRACT AGREEMENT Provisions for Article VI - General Provisions
are retained in heir entirety.
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AMENDMENT DESCRIPTION. This Amendment No. 1 (consisting of pages 1 to
22 inclusive) and Appendix A, Appendix B, Appendix C, and Appendix D
constitute the entire Agreement between the SPONSOR and the ENGINEER and
amends prior written understandings and supersedes all oral understandings.
This Amendment No. 1 may only be amended, supplemented, modified, or
canceled by a duly executed written amendment or notification.
Appendix A — Consultant Fee Proposal
Appendix D — Certifications and Assurances
Exhibit A: Certificate of the Engineer
Exhibit B: Certification of the City of Kalispell
Exhibit C: Title VI Assurances and DBE Assurances
Exhibit D: Foreign Trade Restrictions and Debarment and
Suspension Provisions
Exhibit E: Airport And Airway Improvement Act Of 1932, section
520 - General Civil nights Provisions
Exhibit F: Civil Rights Act Of 1904, Title vi Engineer - Contractual
Requirements
Exhibit G: Disadvantaged Business Enterprises
Exhibit Fl: Lobbying And Influencing Federal Employees
Exhibit I: Rights To Inventions
Appendix C — Proof of Errors and Omissions Insurance
Appendix D — Proof of Workers' Compensation Insurance
WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this
day of
Jane Howington, City Manager
City of Kalispell
201 1 st Avenue East
Kalispell, MT 59915
Fred Leistiko, Airport Manager
Jeff Walla, P.E.
Stelling Engineering, Inc.
1372 Airport Road
Kalispell, MT 59901
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All
EXHIBIT "C" - TITLE VI ASSURANCES AND DB
ASSURANCES I
2k 1011 col 31919
#F EXHIBIT "E" - AIRPORT AND AIRWAY IMPROVEMENT ACT
PROVISIONS
ENGINEER CONTRACTUAL REQUIREMENTS
E i;
LOBBT'Ifl.G
We hereby certify that we are a corporation and duly authorized representatives of the
firm of STELLING ENGINEERS, INC., whose address is 614 Park Drive South, Great
Falls, Montana, 59405, and that neither we nor the above firm we represent has:
Employed or retained for a commission, percentage, brokerage, contingency fee,
or other consideration, any firm or person (other than a bona fide employee
working solely for us of the above ENGINEER) to solicit or secure this
Agreement;
2. Agreed, as an express or implied condition for obtaining this Agreement, to
employ or retain the services of any firm or person in connection with carrying out
the agreement; or,
5 5
3. Paid or agreed to pay to any firm, organization, or person (other than a bona fide
employee working solely for us or the above ENGINEER) any fee, contribution,
donation, or consideration of any kind for, or in connection with, procuring or
carrying out the Agreement, with no exceptions.
We acknowledge this certificate is to be furnished to the SPONSOR and the Federal
Aviation Administration in connection with this Agreement involving participation of
Federal Aid Funds and is subject to applicable state and federal laws, both criminal and
civil.
DATE this day of 2009.
STELLING ENGINEERS, INC.
:10M
Engineer
I certify that the previously mentioned engineering firm or its representatives have not
been required, directly or indirectly, as an expressed or implied condition in connection
with obtaining or carrying out this Agreement to:
Employ or retain, or agree to employ or retain, any person or firm; or
2. Pay, or agree to pay, to any firm, person or organization any fee, contribution,
donation, or consideration of any kind, with no exceptions.
I acknowledge this certificate is to be furnished to the Federal Aviation Administration in
connection with this Agreement involving the participation of Federal Aid Funds and is
subject to applicable state and federal laws, both criminal and civil.
DATED this day of , 2009.
:01
Jane Hoington, city Manager
City of Kalispell
.......... ............. .... ...... ....... _.......... _.... ......
Fred Leistiko, Airport Manager
City of Kalispell
During the performance of this contract, the ENGINEER, for itself, its assignees and
successors in interest (hereinafter referred to as the "ENGINEER") agrees as follows:
Compliance with Regulations. The ENGINEER shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation (hereinafter, '"'DOT") Title 4.9, code of Federal
Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
2. Nondiscrimination. The ENGINEER, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The ENGINEER shall not
participate either directly or indirectly in the discrimination prohibited by section
21.5 of the Regulations, including employment practices when the contract covers
a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts -Including-Procurements of Materials and
,Equipment. In all solicitations, either by competitive bidding or negotiation, made
by the ENGINEER for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the ENGINEER of the ENGINEER'S obligations
under this contract and the regulations relative to nondiscrimination on the
grounds of race, color, or national origin.
4. Information and Reports. The ENGINEER shall provide all information and
reports required by the regulations or directives issued pursuant thereto and shall
permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the SPONSOR or the Federal Aviation
Administration (FAA) to be pertinent to ascertain compliance with such
regulations, orders, and instructions. Where any information required of a
contractor is in the exclusive possession of another who falls or refuses to furnish
this information, the ENGINEER shall so certify to the SPONSOR or the FAA, as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the ENGINEER=S noncompliance
with the nondiscrimination provisions of this contract, the SPONSOR shall
impose such contract sanctions as it or the FAA may determine to be
appropriate, including but not limited to --
(a) withholding of payments to the contractor under the contract until the
ENGINEER complies, and/or
(b) cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The ENGINEER shah include the provisions of
paragraphs (1) through (5) in every subcontract, Including procurements of
materials and leases of equipment, unless exempt by the regulations or
directives issued pursuant thereto. The ENGINEER shall take such action with
respect to any subcontract or procurement as the SPONSOR or the FAA may
direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event an ENGINEER becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the contractor may request the SPONSOR to enter into
such litigation to protect the interests of the SPONSOR and, in additions the
ENGINEER may request the united states to enter into such litigation to protect
the interests of the United States.
1. Polic It is the policy of the Department of Transportation (DOT) that
disadvantaged business enterprises, as defined in 49 CFR Part 23, shall have
the maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under this agreement, Consequently, the
DBE requirements of 49 CFR Part 23 apply to this agreement.
2. DBE Obligation_. The ENGINEER agrees to ensure that disadvantaged business
enterprises, as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole or
in part with Federal funds provided under this agreement. In this regard, all
ENGINEERS shall take all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts. ENGINEERS shall
not discriminate on the basis of race, color, national origins or sex in the award
and performance of DOT -assisted contracts.
TRADE `..
(VERSION '
The Engineer, by execution of this Agreement, certifies that it:
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. flans published
by the Office of the United States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with
a person that is a citizen or national of a foreign country on said list, or is
owned or controlled directly or indirectly by one or more citizens of nationals
of a foreign country on said list;
c. has not procured any product or subcontracted for the supply of any product
for use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFP. 30. 7, no contract shall be awarded to a contractor or
consultant who is unable to certify to the above. If the ENGINEER knowingly procures
or subcontracts for the supply of any product or service of a foreign country on said list
for use on the project, the Federal Aviation Administration may direct through the
SPONSOR cancellation of the contract at no cost to the Government.
Further, the ENGINEER agrees that, it will incorporate this provision for certification
without modification in each contract and in all lower tier subcontracts. The
ENGINEER may rely on the certification of a prospective subcontractor unless it has
knowledge that the certification is erroneous.
The ENGINEER shall provide immediate written notice to the SPONSOR if the
ENGINEER learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The
subcontractor agrees to provide written notice to the ENGINEER if at any time it learns
that its certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed
when raking the award. If it is later determined that the ENGINEER or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration may
direct through the SPONSOR cancellation of the contract or subcontract for default at
no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a.
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of a ENGINEER is not required to exceed
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and making of a false, fictitious, or fraudulent certification may render
the maker subject to prosecution under Title 181 Un iced states code, Section 1001.
(VERSION 1, 1/5/90)
The ENGINEER certifies, by acceptance of this Agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, or declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. It further agrees that it will include this clause without
modification in all lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the ENGINEER or any lower tier participant is unable to certify to
this statement, it shall attach an explanation to this solicitation/proposal.
IMPROVEMENTAIRPORT AND AIRWAY .
GENERAL CIVIL RIGHTS PROVISIONS
The ENGINEER assures that it will comply with pertinent statutes, Executive orders and
such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any
activity conducted with or benefiting from Federal assistance. This provision obligates
the tenant/concessionaire/lessee or its transferee for the period during which Federal
assistance is extended to the airport a program, except where Federal assistance is to
provide, or is in the form of personal property or real property or interest therein or
structures or improvements thereon. In these cases the provision obligates the party or
any transferee for the longer of the following periods: (a) the period during which the
property is used by the airport sponsor or any transferee for a purpose for which
Federal assistance is extended, or for another purpose involving the provision of similar
services or benefits or (b) the period during which the airport sponsor or any transferee
retains ownership or possession of the property. In the case of ENGINEERs, this
provision binds the ENGINEERs from the bid solicitation period through the completion
of the contract. This provision is in addition to that required of Title VI of the civil Rights
Act of 1964.
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During the performance of this contract, the ENGINEER, for itself, its assignees and
successors in interest (hereinafter referred to as the "ENGINEER") agrees as follows:
1.1 Compliance with Regulations. The ENGINEER shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part of this contract.
1.2 Nondiscrimination. The ENGINEER, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The ENGINEER shall not participate either directly
or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of
the Regulations.
1.3 Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made by the
ENGINEER for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the ENGINEER of the ENGINEER's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national
origin.
1.4 Information and Reports. The ENGINEER shall provide all information and
reports required by the Regulations or directives issued pursuant thereto and shall
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Sponsor or the Federal Aviation Administration
(FAA) to be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required of a ENGINEER is in the exclusive
possession of another who fails or refuses to furnish this information, the ENGINEER
shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts
it has made to obtain the information.
1.5 Sanctions for Noncompliance. In the event of the ENGINEEIt's noncompliance
with the nondiscrimination provisions of this contract, the sponsor shall impose such
contract sanctions as it or the FAA may determine to be appropriate, including, but not
limited to:
a. Withholding of payments to the ENGINEER under the contract until the
ENGINEER complies, and/or
b. cancellation, termination, or suspension of the contract, in whole or in part.
1.6 incorporation of Provisions. The ENGINEER shall include the provisions of
paragraphs 1 through 5 in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations or directives issued pursuant
thereto. The ENGINEER shall take such action with respect to any subcontract or
procurement as the sponsor or the FAA may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, however, that in the event
a ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the ENGINEER may request the Sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, the
ENGINEER may request the United States to enter into such litigation to protect the
interests of the United states.
Contract Assurance (§26.13) The ENGINEER or subcontractor shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this contract.
The ENGINEER shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT assisted contracts. Failure by the ENGINEER. to carry out
these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime ENGINEER agrees to pay each subcontractor
under this prune contract for satisfactory performance of its contract no later than 5 days
from the receipt of each payment the prune ENGINEER receives from the Cites
Kalispell. The prime ENGINEER agrees further to return retai nage payments to each
subcontractor within 5 days after the subcontractor's work is satisfactorily completed.
Any delay or postponement of payment from the above referenced time frame may
occur only for good cause following written approval of the the Qity of Kalis ell. This
clause applies to both DBE and non -DBE subcontractors.
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(1) No Federal appropriated funds shall be paid, by or on behalf of the
ENGINEER, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant and the amendment or modification of any Federal grant.
(2) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any Federal grant, the
ENGINEER shall complete and submit Standard Form-LI-L, "Disclosure of Lobby
Activities," in accordance with its instructions.
a
All rights to inventions and materials generated under this contract are subject to
regulations issued by the FAA and the sponsor of the Federal grant under which this
contract is executed.
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Theresa white
From: Bert tenon [bertlenon@hotmail.com]
Sent; Monday, July 19, 2010 4:50 PM
To. Theresa white; edit@dailyinterlake.com- Jane Howington; Tammy Fisher
Subject. Kalispell City Airport
I. Bert Lenon of 630 w Arizona St in Kalispell, would like to call into question the wisdom and the fiscal
ramifacations of continuing to spend money and city services on an airport in the middle of town, that
benefits so few. Do we need a airport tying up this vast acreage of potentionally valuable real estate (if
my taxes are any indication of value, even figuring 6 lots per acre, at a pproxi matley $3000.00 /per
lot, built out with something besides airplane owners would be, 75 acres x 6 per= 450 lots @ $3000 per
year is a total of $1,350,000.00 each year to help the tax base so a lot of us older citizens don't get taxed
out of HOMES, which is a srong possibillity even with low income tax discounts). Is this the best use of
public property? Having AIRPLANES taking off and landing over our schools, houses, children etc. the best
use of public property? How would all of you feel if you lived around it. How about all the noise and
traffic over your house at all times and days. I'm not a native (Montanan) but I was blessed that my dad
moved out here in 1953, so I`ve been here longer than most natives and Im thankful everyday. when the
a i rprt was built it was way out of town, when I was growing up it was out of town past the county shops
(old Korn Buick, Scarf Auto, current location) and the S. end of ruway was at the garbage dump. why
does the city cater to sucha small group when 5 Miles north and east (as the crow/airplane fly's) that's
about a minute flying time theres a beautiful giant airport not in the middle of town. I don't want to kick
then out without compensation,. that could be worked out, but their most valuable asset at the airport
could easily be flown to a normal airport that can easily acccomadate any number of any size aircraft that
would strike their fancy. I cant see how any regular citizen could justify using all these resources, taking
over more land so people with jets can park next to hotel, it lust seems like a horrible use of taxpayer $$$
and a DUPLICATION of services etc. Please have mercy on us TAXPAYERS. THANK YOU, Bert Lenon
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The New Busy is not the old busy. Search, chat and e-mail from your inbox. Get started.
Theresa White
From: George Alexander [georgealexander@ centurytel.net]
Sent: Monday, July 19, 2010 4:23 PM
To. Theresa White
Subject: Airport
This rush to spend taxes at a time when evidence of past expenditures indicate your plans
bode very poorly for old town/down town
UNLESS you are thinking of an urban renewal project extending the runway NORTH giving both
city and county servants the ability to commute by air.
The expansion of that airport has and is being met with resistance by land DONORS, home
dwellers and 'stop the urban sprawlers'.
Consider KA.LISPELL urban planning leading up to the 4th of July ...... wALMART's opening raised
havoc with North - South traffic and the KALISPELL Street Department chose that time to do
side street maintenance on all the peripheral through streets.
George Alexander
c/o Box 2176
Kalispell, Montana
1