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HomeMy WebLinkAbout128-83 RESOLUTION-t RESOLUTION NO. 128-83 A RESOLUTION AUTHORIZING T1T1'W\YOrANn�CITY CLERK TO EXECUTE A CONTRACT WITH BRAUN BINION BARNARD, INC. FOR THE PREPARATION OF A "FAR PART 150" STUDY AT DRAKE FIELD. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Board of Directors hereby waives the Board's Professional Selection Policy for the preparation of a "FAR Part 150" study at Drake Field. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Braun Binion Barnard, Inc. for the preparation of a "FAR Part 150" study at Drake Field. A copy of the contract authorized hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSE?) AND.APPROVED,.this tiI , ;e 9 1st day of November, 1983. APPROVED: By: (."----;ec rit/ Mayor AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND BRAUN BINION BARNARD, Inc. • n This Agreement by and between the CITY OF FAYETTEVILLE, herein called SPONSOR, and BRAUN BINION BARNARD, Inc., an Oklahoma Corporation, herein called CONSULTANT. WITNESSETH THAT FOR AND IN CONSIDERATION OF THE TERMS, COVENANTS, AND CONDITIONS HEREIN CONTAINED THE PARTIES HAVE AGREED AND HEREBY AGREE AS FOLLOWS: 1. SPONSOR hereby engages CONSULTANT and CONSULTANT hereby agrees to perform services hereinafter described in connection with the Drake Field Part 150 Study. 2. The work to be performed will be in accordance with the Scope of Services marked Exhibit A and attached hereto and made a part hereof. CONSULTANT will perform and carry out in a proper manner the work shown in the attached Scope of Services. 3. All Federal Aviation Administration rules and regulations and other federal, state and local laws applicable to the accomplishment of this planning project will be complied with in all respects. 4. CONSULTANT represents that he has or will--secure-at_.his own expense all personnel required in performing the services under this contract. Such personnel shall not be employees of the City of Fayetteville. All services required hereunder will be performed by the CONSULTANT or under his supervision and all personnel engaged in the project shall be fully qualified and shall be authorized under state and local law to perform said services. • 5. Services of the CONSULTANT are to commence as soon as feasible after the execution of this Agreement and the acceptance by the SPONSOR of the grant offer from the Federal Aviation Administration (FAA). In the event funding is not obtained from FAA, this Agreement shall be null and void with no obligation to the SPONSOR. All services shall be completed within Twelve (12) months from the date of the authorization to proceed issued by FAA and the SPONSOR. Performance time will be extended an appropriate number of days if completion of the study is delayed by circumstances beyond control of the CONSULTANT. 6. The SPONSOR will pay to the CONSULTANT for all work covered in Paragraph Two (2) the total sum of $15,000 (Fifteen Thousand dollars) which will constitute full and complete compensation for the services described herein. Said sum will be paid as work progresses on a Task Completion basis, billed monthly, in each case subject to receipt of a claim for payment from the CONSULTANT specifying work that has been accomplished for which payment is requested. A written review of the progress made on the project during the billing period will be submitted to the SPONSOR. .ti 7. All billings for services performed under this Agreement shall be • made by the CONSULTANT. Payment for the performance of work items under the Agreement, shall be made to said CONSULTANT. 8. If, through any cause, the CONSULTANT shall fail to fulfill in timely and proper manner his obligation under this Agreement or if the: CONSULTANT shall violate any of the covenants, agreements, or stipulations of the Agreement, the SPONSOR shall there upon have the right to terminate this Agreement immediately by giving written, personal notice to the CONSULTANT of such terminationand specifying the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, and reports prepared by the CONSULTANT shall, at the option of the SPONSOR, become the SPONSOR'S property and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 9. The SPONSOR may terminate this Agreement through no cause of the CONSULTANT of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph Eight (8) above shall, at the option of the SPONSOR, become the SPONSOR'S property. If the Agreement is terminated by the SPONSOR as provided herein, the CONSULTANT will be paid an amount which bears the same ratio to total compensation as the services actually performed bear to the total sevices of the CONSULTANT covered by this Agreement, less paymentof compensation previously made. Provided, however,_. that if less than sixty percent (60%) of the services covered by this Agreement have been performed upon the effective date of such termination, the CONSULTANT shall be reimbursed (in addition to the above payment) for that portionof the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the CONSULTANT during the Agreement period which are directly attributable to the uncompleted portion of the services covered by this Agreement. If this Agreement is terminated due to the fault of the CONSULTANT, Paragraph Eight (8) hereof relative to termination shall apply. 10. The SPONSOR may authorize changes in the Scope of Services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutally agreed upon by and between the SPONSOR and the CONSULTANT, shall be incorporated in written amendments to the Agreement. 11. No officer, member or employee of the City of Fayetteville who exercises any functions or. responsibilities in the review of or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affect his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested in (b) have any interest, direct or indirect, in this Agreement or the proceeds thereof. 12. The CONSULTANT shall not assign any interest in the Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the SPONSOR thereto: provided, however, that claims for money due or to become due to the CONSULTANT from the SPONSOR under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment of transfer shall be furnished promptly to the SPONSOR. 13. All reports, information, data, etc., given assembled by the CONSULTANT under this Agreement shall not be made available to any individual or CONSULTANT without the prior written approval of to or prepared or are confidential and organization by th' the SPONSOR. 14. All documentations published as a part o+ this Agreement carry the following or similar notation: This (report, map, document, etc.) was prepared under an Airport Master Planning Grant provided by FAA. shall 15. During the performance of the Agreement, Bob E. Barnard, of BRAUN BINION BARNARD, Inc., shall act as overall coordinator between the CONSULTANT and the SPONSOR. In the event of death or disability of the above named person, then the firm shall appoint some other principal to continue such coordination during the balance of this Agreement. 16. Notices to SPONSOR shall be deemed given by written notice, personally served or sent by registered letter,:to-the City Manager, City of Fayetteville, P.O. Drawer F, Fayetteville, Arkansas, 72702. Notice to CONSULTANT may be in writing personally served upon the coordinator above specified or shall be sent by registered or certified mail to BRAUN BINION BARNARD, Inc., Cherry Street Building, 1616 East 15th Street, Tulsa, Oklahoma, or to such other persons as the coordinator from time to time specified in writing on notice to SPONSOR. IN WITNESS WHEREOF, the Fayetteville, Arkansas, • CITY OF FAYETTEVILLE By: Title: parties have executed this Agreement at this /0 day of)76t J 1983. 94e. ATTEST: By- Tit1e: BRAU By: Pres BARNARD, Inc. • ATTEST: eae�> E4331- Vice ...E? s`rderit- j tZ ; Zs." osticAttai • SCOPE OF SERVICES DEVELOPMENT OF FAR PART 150 COMPLIANCE PROGRAM Element One. Development Of Noise E'-posure Map Task 1.1 Subsequent to consultation and discussion with all 'potentially affected public agencies, departments and planning agencies, as well as interested citizens, the Consultant will develop a noise exposure map. The map will depict the Ldn 65, 70 and 75 contours for the years 1985 and 1989. The map will also identify incompatible land uses, as defined in Part 150, within each contour for each year. In addition, all political subdivisions and planning jurisdiction boundaries will be shown. Task 1.2 The Consultant will hold a public hearing following the development of the noise exposure map but prior to submittal of the map to the Federal Aviation Administration. The purpose of the hearing will be to solicit comments from interested parties. Element Two. Development Of A Noise Compatibility Program Task 2.1 Subsequent to consultation and discussion with all potentially affected public agencies, departments and planning agencies, the Consultant will develop a noise compatibility program. This program will contain, as a minimum, the • following items: 1) a description and analysis of alternatives developed to mitigate potential noise exposure for both 1985 and 1989 operations; 2) a description and.discussion of all measures considered for noise abatement, for both 1985 and 1989 operations; 3) the actual or anticipated affect of the program on reducing noise exposure for both 1985 and 1989; 4) a schedule for implementing noise abatement procedures and a discussion of responsible persons and agencies. A roles and responsibilities matrix will be an intergal part of this element; and, 5) a schedule and procedure for periodic review and update of noise compatibility. Task 2.2 A public hearing will be held following the development of the noise compatibility program and prior to submittal to the Federal Aviation. Administration. This public hearing will be held in conjunction with the public hearing held for Task 1.2 above. The Sponsor will be responsible for the cost of such a hearing along with the preparation of the transcript of the hearing. Element Three. Documentation Task 3.1 The Consultant will prepare a Draft Report essentially similar to the final report. This will be for review and comment only and not intended for distribution to the general public. Ten (10) copies shall be printed. Task 3.2 The Consultant will prepare a Final Report of the findings of the Drake Field Part 150 Program. This report will include both narrative and graphics. Although by its nature the Plan is technical in nature and scope, the report will be written so as the general public can understand and use it. Twenty-five (25) copies shall be prepared. Task 3.3 The Consultant will submit monthly progress reports to the City of Fayetteville and the Federal Aviation Administration during the study period. BRAUN BINION BARNARD, Inc. Planners & Landscape Architects 1616 East 15th Street Tulsa, Oklahoma 74120 918/583-5533 4 October 21, 1983 Mr. Don Grimes, City Manager City of Fayetteville P. 0. Drawer F Fayetteville, Arkansas 72701 Dear Don: Please find enclosed two (2) copies of a contract between the City of Fayetteville and our firm to perform professional services for the preparation of the Drake Field FAR Part 150 Study. .We anticipate fund- ing from FAA very soon and, upon notice to proceed, are ready to begin. We would ask that both copies be signed and one (1) returned to us for our files. We're looking forward to working with you once again. Thanks and best regards. Bob E nard BRAUN BINION BARNARD, Inc. BEB/,lc enclosures