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HomeMy WebLinkAbout85-89 RESOLUTIONRESOLUTION NO. 85-89 A RESOLUTION AUTHORIZING THE WAIVER OF COMPETITIVE,BID REQUIREMENTS. AND EXECUTION OF AN AGREEMENT WITH BARNARD DUNKELBERG fi ASSOCIATES OF TULSA,'_ FOR AN UPDATE OF THE AIRPORT'S 20 -YEAR MASTER PLAN. 1 • BE IT RESOLVED 'BY THE BOARD 1OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: t ' � Section 1. That -the Mayor ,and_ City, Clerk are hereby authorized and directed to execute an agreement with Barnard Dunkelberg & Associates for an update of the Airport's 20 -Year Master Plan, in an amount not to exceed $61,111.00. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19th day of September , 1989. APPROVED BY: a;..//!?l/. / it l% Mayor / 2.18 AGREEMENT BETWEEN THE CITY OF FAYEITEVILLE AND BARNARD DUNKELBERG & COMPANY, Inc. This Agreement by and between THE CTTY OF FAYETTEVILLE, herein called SPONSOR, and BARNARD DUNKELBERG & COMPANY, 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 descnbed m connection with the DRAKE FIELD MASTER PLAN UPDATE. 2. The work to be performed will be in accordance with the Program of Services marked Exhibit A and attached hereto and made a part hereof as approved by the Federal Aviation Administration. CONSULTANT will perform and carry out in a proper manner the work shown m the attached Program of Services. 3. All Federal Avignon Administration rules and regulations and other federal, state and local laws applicable to the accomplishment of this planning project will be complied with m 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 FAYETTEVI I E. 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 authonzed 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 Adninistranon (FAA). In the event fundmg is not obtained from FAA, this Agreement shall be null and void with no obligation to the SPONSOR. All services, up to the review document stage, shall be completed withm TWELVE (12) months from the date of the authonzation to proceed issued by FAA and the SPONSOR, not including review time of the FAA and SPONSOR. • 2.19 6. The SPONSOR will pay to the CONSULTANT for all work covered in Paragraph Two (2) the total sum of $61,111.00 (Sixty-one thousand one hundred eleven dollars) which will constitute full and complete compensation for the services described herem 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 subject to approval for said Task completion by FAA and receipt by the City of FAA funding for said Task completion. A wntten review of the progress made on the project during the billing period will be submitted to the SPONSOR. Sponsor and FAA shall have access to project books, documents, papers, and records of consultant for purposes of audit, examination, and transcription for three years following final payment. 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 m 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 notice to the CONSULTANT of such termination and specifymg 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. 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 fin- ished to unfinished documents and other matenals as described m 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 ration to total compensation as the services actually performed bear to the total services of the CONSULTANT covered by this Agreement, less payment of 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 (m addition to the above payment) for that por- tion of the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the CONSULTANT during the Agreement penod 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 termmation shall apply. 1 2.20 10. The SPONSOR may authonze changes in the Program of Services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANTS compensation, which are mutually agreed upon by and between the SPONSOR and the CONSULTANT, shall be incorpo- rated m written amendments to the Agreement. There will be no increase in Federal Funds. 11. No officer, member of employee of the SPONSOR who exercises any functions or responsibilities in the review of or approval of the undertaldng or canying out of this project, shall (a) participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation; partnership, or association in which he, directly or indirectly, has an interest (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 pnor wntten 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 to or prepared or assembled by the CONSULTANT under this Agreement are confidential and shall not be made available to any individual or organization by the Consultant without the prior written approval of the sponsor. 14. All documentations published as a part of this Agreement shall carry the following or similar notation: Preparation of this document was financed in part by a grant from FAA under Section 505 of the Airport and Airway Improvement Act of 1982. This document does not necessarily reflect the views of FAA. 15. TITLE VI ASSURANCES. During the performance of this contract, consultant, for itself, its assignees and successors in interest agrees as follows: (1) Compliance with Regulations. Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (heremafter referred to as the Regulations) which are herein incorporated by references and made a part of this contract. (2) Nondiscrimination. Consultant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origm in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate either directly or mdirectly m the discrimination prolubited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth m Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment. In all sohcitations either by competitive bidding or negotia- tion made by consultant for work to be performed under a subcontract, mcluding procurements of matenais or leases of equipment, each potential subcontract or supplier shall be notified by consultant of obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports. Consultant shall provide all information and reports required by the Regulations of directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of mforma- tion, and its facilities as may be determmed by sponsor or 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 furnished this information, consultant shall so certify to sponsor or FAA and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance. In the event of consultant noncompli- ance with the nondiscnmmation provisions of this contract, sponsor shall im- pose such contract sanctions as it or FAA may determine to be appropriate, including, but not limited to: s (a) withholding of payments to consultant under the contract until the contractor complies, and/or (b) cancellation, termination, or suspension of the contract, m whole or m part. (6) Incorporation of Provisions. Consultant shall include the provisions of Paragraph.1 through 5 above in every subcontract, including procurements of materials and leases to equipment, unless exempt by the regulations or direc- tives issued pursuant thereto. Consultant shall take such action with respect to any subcontract or procurement as sponsor or FAA may direct as a means of enforcmg such provision including sanctions for noncompliance. In the event consultant becomes involved in, or is threatened with, litigation consul- tant may request the sponsor to enter mto such litigation to protect the interests of Sponsor. Consultant may also request the Umted States to enter into such litigation to protect the interests of the Umted States 16. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES (1) Policy. It is the policy of DOT that minority business enterpnses as defined in 49 CFR Part 23 shall have the maximum opportumty to participate in the performances of contracts financed in whole or m part with federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement. (2) MBE Obligation. Consultant agrees to ensure that minonty business enterprises as defined m 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed m whole or in part with federal funds provided under this agreement. Consultants shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that mmonty business enterpnses have the maximum opportunity to complete for and perform contracts. Consultants shall not discrimmate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. 17. COMPLIANCE. Consultant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 if this agreement exceeds $100,000. 18. During the performance of the Agreement, Bob E. Barnard, of BARNARD DUNKELBERG & COMPANY, 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 pnncipal to continue such coordination dunng the balance of this Agreement, upon approval of the SPONSOR. 19. Notices to SPONSOR shall be deemed given by wntten notice, personally served or sent by registered letter to Mr. Dale Frederick, Airport Manager, 113 West Mountain Street, Fayetteville, Arkansas 72701. Notice to CONSULTANT may be in wntmg personally served upon the coordinator above specified or shall be sent by registered or certified mail to BARNARD DUNKELBERG & COMPANY, Inc., Cherry Street Building, 1616 East 15th Street, Tulsa, Oklahoma 74120, or to such other persons as the coordmator from time to time specified in writing on notice to SPONSOR. • IN WITNESS WHEREOF, the parties have executed this Agreement at Fayetteville, Arkansas, S i this day of 1989. THE CITY OF FAYETTEVILLE By: Le/16!itZ/7/"i Title: / 0gyp/ AT I'E T `Irs:/, E r 0. . lye B � 6/&/1144( ar!n s Ti1C .„ .`C » C Vii°R ,,, =-” J 1� IdiXY%: BµRITc A JY DUNKELB ERG & COMPANY, Inc. A< f By: Ti e: President :' a s c y ' ._ Title, . esident 2.23 \_._ —i ( Exhibit A Program of Services Drake Field Master Plan Update Fayetteville, Arkansas Element One/IlWENTORY AND FORECASTS Task 1.1. Aerial Photograph The Consultant will provide a photogrammetrically controlled and digitized aerial photograph of Drake Field at the scale of the Airport Layout Plan for purposes of developing the Airport Layout Plan and the Approach and Clear Zone Profiles in depicting accurate and current conditions at the airport. Task 1.2. Existing Planning Data Inventory The Consultant will collect, analyze and mcorporate information from local, re- gional and state aeronautical studies, comprehensive planning documents, and ground transportation studies as related to the development of Drake Field. The Consultant will review all available information from applicable state, regional and local planning studies in existence or bemg developed within the area of potential impact. The Consultant will review state and FAA airport plans with regard to Drake Field, and will collect, analyze and incorporate existing comprehensive plans for the city, county, regional and state as related to the airport. The Consultant will collect data with regard to available financial resources of and for Drake Field. This will be based on contact with appropriate ro riate officials, and fed- eral and state fmancial programs. Task 1.3. Update Aviation Activity Forecasts The consultant will compile a summary of aviation activity and operational data for Drake Field and its service area to indicate histoncal growth and present a basis for statistical analysis of based aircraft, annual operations, and related factors. Drake Field Master Plan Update BARNARD DUNKELBERG & COMPANY/August 28, 1989 2.24 A complete reevaluation of the aviation demand for Drake Field and the develop- ment of forecasts of aviation activity will be made The aviation activity forecasts will be made by the following categories: based aircraft by mix, local and itinerant operations, and busy -hour operations. The forecast will also be by short-, inter- mediate-, and long-range (5, 10 and 20 -year) time periods The determination of aircraft mix and flight track utilization and an analysis of flight procedures and aircraft profiles specific to Drake Field will be used to generate ex- isting noise contours, future contours and assist in an evaluation of airport devel- opment altematives. Airport capacity will be analyzed m conjunction with the forecast of aviation activity to form a basis for theoretical development of facilities at Drake Field. Element Two/FACILITY REQUIREMENTS DETERMINATION Task 2.L Determine Aircraft Operational Requirements In accordance with the above described aviation demand forecasts, the Consultant will identify the types of aircraft expected to operate at Drake Field. The consultant will analyze the operational requirements of these aircraft to assist m the determina- tion of facility standards. Task 2.2. Airside Facilities In accordance with the above descnbed aviation forecasts and capacity analysis, and in consideration of established facility standards, the Consultant will convert the aeronautical demand forecast mto the number, type, and amount of arside facilities needed including runway, taxiway, NAVAIDS and approaches, lighting and approx- imate land area needs. Task 23. Landside Facilities Considenng established facility standards, the Consultant will convert the aeronau- tical demand forecast into the number, type, amount and nature of aprons, hangars, automobile parking, access roads, terminal building, ARFF equipment and buildings and the approximate land area needed for such. Drake Field Master Plan Update BARNARD DUNKELBERG & COMPANY/August 28, 1989 2 Element Three/AIRPORT PLANS UPDATE Task 3.L Prepare Development Plan and Program The Consultant shall prepare a Development Plan and Program in both narrative and graphic form, as a precedent to the preparation of the Airport Layout Plan. The Development Plan and Program shall depict specific projects m conjunction with a staging program for implementation As a part of this assessment and determma- tion of facilities and projects, all physical and operational aspects of the airport will be evaluated Such considerations may include regional activities and issues, rela- tionships with other area aviation facilities, as well as airport specific issues. Alternative development concepts will be prepared and presented, servmg as the basis for ultimate plan and program recommendations. Example considerations may include alternative airfield configurations, instrument approach facilities, regional radar concems,regional commercial service development, capacity en- hancement projects, among others. Specific consideration will be given to: 1) the designation of an alternative transport category airport compared against the feasibility of a CAT IT landing system; 2) a review of the need for the two additional utility crosswind runways, and the possibility of the utility runway/parallel configuration, and 3) the partial parallel taxiway and runway crossover at the north end and the effect on capacity, especially on peak hour performance when Runway 16 is being used for departures to the south. Task 3.2. Airport Layout Plan The existing Airport Layout Plan shall be updated m accordance with the findings, recommendations and approvals resulting from the study. The ALP shall be devel- oped utilizing the digitized aerial photograph and AutoCad Release 10. The ALP will depict the configuration and general dimensioning of the initial and proposed airport facilities. The Airport Layout Plan will continue to include: 1) Airport Layout; 2) Existmg and Future Boundaries; 3) Location Map, 4) Vicinity Map; 5) Basic Data Tables; 6) Utility Data; and, 7) Wmd Information Each of these com- ponents of the Airport Layout Plan will contain the information as required in FAA Advisory Circular 150/5070-6 The Airport Layout Plan will be depicted m two forms. one as an overlay on an aerial photograph and one as a line drawing absent of any aenal photography. One copy of the digitized Airport Layout Plan on an aerial photograph and two copies of the digitized ALP on reproducible mylar will be provided to the Sponsor (one mylar of which will be provided to the FAA). In addition, the data files developed using AutoCad Release 10 will be supplied in floppy disk format (one copy will be provided to the Sponsor and one copy will be provided to the FAA). Drake Field Master Plan Update BARNARD DUNKELBERG & COMPANY/August 28, 1989 - 3 2.27 Task 3.1 Approach and Clear Zone Plan The Approach and Clear Zone Plan shall be updated in accordance with the find- ings, recommendations and approvals resulting from the study. This drawing supplements information on the Airport Layout Plan. Clear Zones will be depicted on an aerial photograph covering approximately the area of the respective clear zones, existing and future. Task 3.4. On -Airport Individual Area Plans The Consultant will prepare a set of Individual Area Plans for various areas within the bounds of airport property The plans will generally be compnsed of, but not necessanly limited to, the terminal area, the general aviation area, and hangar areas. Specific utilization for undeveloped areas on the airport will be considered and rec- ommendations made. The plans will be based on internal roadway systems and external access routes to and from the airport. Large-scale reproducible drawings shall be prepared on a sheet size of 24" by 36". Task 3.5. Prepare Environmental Assessment The Consultant will prepare an Environmental Impact Assessment on the proposed Development Plan and the Airport Layout Plan. The Assessment will be prepared in accordance with CEQ Guidelines and FAA Orders 5050.4 and 1050.1D Task 3.6. Analyze Height Zoning A height zoning analysis, as per FAR Part 77, will be performed to detennme exist- ing obstructions and the potential for future obstructions A map will be prepared showing the Part 77 surfaces, the existing structures, existing variances from the Part 77 critena and areas of potential development that will not affect airspace utilization or present a hazard to aircraft. This map will be based on Part 77, but modified to meet local needs and conditions. An ordinance will be prepared for adoption by the various junsdictions involved to control the development of ob- structions. U S.G.S. quadrangle sheets and the NOAA Obstruction Chart will be utilized for obstruction information. Task 3.7. Review Land Use Plan and Zoning Plans and recommendations developed as a part of the Airport Noise Control and Land Use Compatibility Study and the FAR Part 150 Program will be reviewed for appropnateness with development plan recommendations Land use and zoning recommendations will be made, if appropriate, to reflect the plan proposals. Drake Field Master Plan Update BARNARD DUNXELBERG & COMPANY/August 28, 1989 4 2.28 Element Four/SCHEDULES AND COST ESTIMATES OF DEVELOPMENT PLAN Task 4.1. Schedules of Proposed Development The Consultant, with the assistance of appropriate officials, will prepare a schedule of proposed development. The stages will be in 5, 10 and 20 -year phases, with the first five-year penod being by single year activities. Task 4.2. Prepare Cost Estimates Cost estimates, based on current dollars, of facility requirements will be prepared for the first five-year penod; a more generalized cost breakdown consolidating like items of work will be prepared for the ten-year period; and a facility breakdown will be prepared for the twenty-year penod. Cost estimates are intended to be used for planrung purposes only and not construed as construction estimates. Element Five/MANAGEMENT AND FINANCIAL PROGRAM Task 5.1. Financial Analysis After development of the plan with the list of facility requirements during which alternative, for providmg needed facilites were evaluated from both practical and cost standpoints, an evaluation of the economic feasibility of accomplishing actions recommended or portrayed by the plan will be made by comparing the cost of im- provements with the amount of annual revenues expected from the completed facili- ties or the anticipated benefits to be realized by the community from the airport. Basically, this involves making a detemnnation for each development period whether airport user revenues, plus estimated federal, state and local financial assis- tance, will be sufficient to offset the cost of capital mvestments plus annual admin- istrative, operation and maintenance costs. Should the analysis result m insufficient revenues to defray the cost, the scope and phasing of improvements will be reana- lyzed and revised to assure feasibility of the plan. Task 5.2. Financing Plan An airport improvement financing plan will be prepared for use in providing funds for capital expenditures (including land acquisition) needed to implement the plan. Both local funding resources and grant programs will be recommended as methods of financing. Task 5.3. Management Analysis The Consultant will review and evaluate leases on the airport. The Consultant will provide suggestions and guidelmes concerning management and leasmg practices Drake Field Master Plan Update BARNARD DUNKELBERG & COMPANY/August 28, 1989 5 2.29 1 necessary in order to establish a financially and operationally sound airport. In addition, minimum performance standards will be reviewed and analyzed to ensure a continuity of development. Task 5.4. Economic Assessment The Consultant will prepare an Economic Assessment of Drake Field, based on methodology prepared by the Federal Aviation Administration and presented in Measuring the Regional Economic Significance of Airports, October, 1986, published by the FAA. Element Six/MEETINGS Task 6.1. Progress Meetings The Consultant will work in close liaison with the City, Airport Management and the Federal Aviation Administration to make certain that the plan truly reflects the airport development needs of the community and the region Progress meetings will be scheduled during the course of the study with the City Council and inter- ested federal, state, regional and local authorities. The purpose of the meetings will be to report on progress made on the study since the prior meeting, report on im- portant phases or sub -phases that have been completed identify problems encoun- tered for the purpose of resolution, evaluate and select alternatives presented, and generally afford the City an opportunity to review the work and findings at various stages of completion. Element Seven/DOCUMENTATION Task 7.1. Draft and Final Reports Report preparation will include wntmg, editmg and typmg the master plan report, determining the composition of the report with figures, charts, graphs and illustra- tions, and the printing of fifteen (15) copies of the draft report and fifty (50) copies of the final report. The draft report will not include color graphs, charts or illustra- tions while the final report will include such where appropnate. Task 7.2 Summary Report The Consultant will prepare a summary brochure of the Plan. The brochure is in- tended for public distribution to promote understandmg and coordmation. Five hundred (500) copies shall be prepared. • Drake Field Master Plan Update BARNARD DUNKELBERG & COMPANY/August 28, 1989 - 6