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HomeMy WebLinkAbout7783RESOLUTION NO. 7783 A RESOLUTION APPROVING AN AGREEMENT WITH BARNARD DUNKELBERG & COMPANY, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH THE NOISE CONTOUR MAP UPDATE AT THE PUEBLO MEMORIAL AIRPORT UNDER FEDERAL GRANT AIP PROJECT NO. 3 -08- 0046 -14, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION 1 An Agreement, a copy of which is attached hereto and made part thereof by reference, after having been approved as to form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and Barnard Dunkelberg & Company, Inc., relating to engineering services under Federal Grant AIP Project No. 3 -08- 0046 -14 for the Noise Contour Map Update at the Pueblo Memorial Airport, is hereby approved, subject to the conditions as set forth in said Agreement. SECTION 2 Compensation for these services shall be $44,430.00. Funds for this project shall be taken from the 34 fund contingent upon FAA concurrence of award and funding. SECTION 3 The President of the City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. INTRODUCED i)ecemher_ 27, 1995 BY Al Gurule Councilperson ,ATTEST: APPROVED: ")tr� �1. a -ity Clerk President of City Council AGREEMENT BETWEEN THE CITY OF PUEBLO AND BARNARD DUNKELBERG & COMPANY, Inc. This Agreement by and between THE CITY OF PUEBLO, COLORADO, 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 described in connection with the PREPARATION OF A NOISE EXPOSURE MAP UPDATE FOR PUEBLO MEMORIAL AIRPORT. 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 in the attached Program 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. 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) and approval of this Agreement by 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, not including review time of the FAA and SPONSOR. 6. The SPONSOR will pay to the CONSULTANT for all work covered in Paragraph Two (2) the total sum of Forty Four Thousand Four Hundred Thirty Dollars ($44,430) which will constitute full and complete compensation for the services described herein. Said sum will be paid as work progresses according to the task /payment schedule attached, billed monthly, in each case subject to (1) claim for payment from the CONSULTANT specifying the task completed, including work that has been accomplished for which payment is requested (ii) approval for said Task completion by FAA and (iii) receipt by the City of FAA funding for said Task completion. A written 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 (3) 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 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 notice to the CONSULTANT of such termination and 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. 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 and 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, subject to receipt by the City of FAA funding therefore, will be paid an amount which bears the same ratio 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 (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under 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 Program 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 mutually agreed upon by and between the SPONSOR and the CONSULTANT, and approved by FAA, shall be incorporated in written amendments to the Agreement. There will be no increase in fees for any such changes. 11. No officer, member or employee of the SPONSOR 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 affects his 2 personal interest or the interest of any corporation, partnership, or association in which he, directly or indirectly, has an interest or (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, subject to the terms and conditions of this Agreement, 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 disclosed or made available to any individual or organization by the CONSULTANT without the prior written approval of the SPONSOR. 14. All documentation 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 V /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 (hereinafter 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 origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. CONSULTANT 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 Subcontractors, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontract or supplier shall be notified by CONSULTANT of obligations under this contract 3 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 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 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 furnish 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 noncompliance with the nondiscrimination provisions of this contract, SPONSOR shall impose such contract sanctions as it or FAA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONSULTANT under the contract until the contract complies, and /or (b) cancellation, termination, or suspension of the contract, in whole or in 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 directives 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 enforcing such provision including sanctions for noncompliance. In the event CONSULTANT becomes involved in, or is threatened with, litigation, CONSULTANT may request the SPONSOR to enter into such litigation to protect the interests of SPONSOR. CONSULTANT may also request the United States to enter into such litigation to protect the interests of the United States. 16. MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES (1) Policy. It is the policy of DOT that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performances of contracts financed in whole or in 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 minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contacts and subcontracts financed in whole or in part with federal funds provided under this agreement. CONSULTANTS 4 shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. CONSULTANTS shall not discriminate 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, Ryk A. Dunkelberg 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 principal to continue such coordination during the balance of this Agreement, upon approval of the SPONSOR. 19. Notices to SPONSOR shall be deemed given by written notice, personally served or sent by registered letter to Director of Aviation, Pueblo Memorial Airport, 31201 Bryan Circle, Pueblo, Colorado 81001. Notice to CONSULTANT may be in writing 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 CONSULTANT from time to time specified in writing on notice to SPONSOR. 20. Time is of the essence hereof. This Agreement shall be construed in accordance with applicable laws of the State of Colorado and shall be binding upon and inure to the benefit of SPONSOR and CONSULTANT and their approved assignees and successors. IN WITNESS WHEREOF, the parties have executed this Agreement at Pueblo, Colorado, this 27th day of December , 1995. ATTEST: -- - l .9 rk • CITY OF PUEBLO By O President of City Council ATTEST: B �O By oXe �(S ice- President BARNARD DUNKELBERG & Company, Inc. 5 Schedule A Program of Services Pueblo Memorial Airport Noise Contour Update Element One/DEVELOP STUDY DESIGN AND INITIATE WORK PROGRAM Task Ll. Identification of Available Information. Existing (secondary) data and information, such as, but not necessarily limited to, documents, maps, studies and projects currently underway or in the planning stages (on and off - airport property) which may directly or indirectly influence this study effort will be identified, reviewed, and documented. Such information would, for example, include a review of the existing FAR Part 150 Study, airport layout plans, environs plans, transportation plans, utility plans, engineering reports, among others. This effort will assure initial and continued coordination and will involve research in locating secondary data sources, and notifying and consulting appropriate town and county officials and agencies in this regard. Task 11. Conduct Initial Public Information Meeting. An initial public information meeting will be conducted to acquaint the public and all participants in the study of the goals and objectives of and approach to the Study, and to gather recommendations, a better understanding of the existing conditions concerning attitudes toward the airport and its environs, and solicit input from interested parties and the community during the Study. The Consultant will be responsible for conducting the meeting, reviewing the scope of the project, and- responding to any technical and professional questions and concerns. Revised Program of Services/July, 1995/Pueblo Memorial Airport Noise Contour Update Element Twa NVENTORY AND FORECASTS OF AVIATION ACTIVITY The purpose of this study element is to establish a sound basis for plan and program development. Maximum utilization of existing information which is current and applicable to the objectives and overall intent of this study will be made to avoid redundancy and unnecessary data collection. Task 2.1. Aviation Activity Evaluation and Projections. The Consultant will compile a summary of aviation activity and operational data for Pueblo Memorial Airport to indicate historical growth and present a basis for statistical analysis of annual aircraft operations. A complete evaluation of the aviation demand for Pueblo Memorial Airport and the development of forecasts of aviation activity specific to the airport will be made. The operational forecasts will be made by the following categories: local and itinerant operations by aircraft type and mix. The aviation activity forecasts prepared as part of previous planning documents will be used in the FAR Part 150 NEm Update to the extend possible. The FAR Part 150 Study will present the operations by aircraft type on a year -by -year basis. These will be updated as necessary and will be used to generate the five -year Future Noise Exposure Map contours. Task 21. Collect and Evaluate Existing Operational Data. This task will focus on reviewing and evaluating existing operational data for airport operations, collecting and updating, as appropriate, the aircraft mix flight track utilization, flight procedures, and aircraft profiles specific to Pueblo Memorial Airport. Sources of information include airport management, airport tenants, and ground observations during the measurement survey, along with whatever information is available from the Master Plan Data needed to generate existing noise contours include numbers of current operations of aircraft, aircraft fleet mix, flight tracks, flight profile, typical operational procedures, and noise abatement procedures. During this task of the program, any noise complaint data will also be collected for analysis relative to the noise measurements. Task 23. Develop Working Paper on Background Inventory and Forecassts. The Consultant will produce a working paper utilizing appropriate graphics and summarizing the major tasks of this element. The working paper will be developed in terms easily understandable by the layman and will be considered a draft of a chapter to be included in the Study document. Again, the working paper will provide background information for subsequent analysis and discussion. Revised Program of Services/July. 1995/Puebio Memorial Airport Noise Contour Update 2 Element Three/NOISE ENVIRONMENT Task 3.L Generate Preliminary Existing Noise Contours. The existing noise environment will be determined though noise measurements and a comprehensive modeling effort for Pueblo Memorial Airport operations. The existing environment is determined in order to serve as a baseline case in which to compare the alternative noise abatement plans. By incorporating the airport operational data into the airport noise model, an existing airport noise contour will be presented. DNL. contour values will be computed for the 60, 65, 70, 75 and 80 dBA levels. The airport noise contours will be generated with the Integrated Noise Model (INM) Version 4.11, developed by the Federal Aviation Administration (FAA), and the newest version. The INM provides a noise model with standard aircraft noise and performance data that can also be tailored to the characteristics of the airport in question. The noise contours will reflect the aircraft types and flight tracks specific to Pueblo Memorial Airport. The INM program requires the input of the physical and operational characteristics of the airport. Physical characteristics include runway coordinates, airport altitude and temperature. Operational characteristics include aircraft mix, flight tracks, and approach profiles. Task 3.2. Finalize Existing Noise Contours. By incorporating the operational data collected in previous efforts, and the results of the measurement survey, a final existing noise contour shall be presented. DNL contour values will be computed for the 60, 65, 70, 75 and 80 dBA levels. Task 33. Generate Future Noise Contours. From the aviation forecast, future noise contours for Pueblo Memorial Airport will be developed that corresponds to estimated future operational procedures and aircraft for the five -year forecast period. DNL contour values will be computed for the 60, 65, 70, 75 and 80 dBA levels. Task 3.4. Develop Working Paper on Existing Noise Exposure. The Consultant will produce a working paper utilizing appropriate graphics and summarizing the major tasks of this element. The working paper will be developed in terms easily understandable by the layman and will be considered a draft of a chapter to be included in the Study document. Again, the working paper will provide background information for subsequent analysis and discussion. Revised Program of Services/July, 1995/Pueblo Memorial Airport Noise Contour Update 3 Element Four/LAND USE ANALYSIS AND NOISE IMPACT Task 4.1. Land Use Impacts Analysis. Land use alternatives will be evaluated as to the potential noise impact that would occur to land uses and population. The noise impact potential of the future noise contour can be compared with the baseline case to deternime potential impacts. Comparison will be based on number of acres of land use, number of noise sensitive uses and population within contours. Task 4.1 Conduct Public Information Meeting. The Consultant will hold a Public Information Meeting to present the findings and analyses of the Noise Contour Update. The Consultant will utilize graphs, charts, illustrations and slides as necessary. A thorough discussion of the findings, their significance and effect on future work will be presented at the meeting. Element Five/DOCUMENTATION Task 5.1. Draft Report. The Consultant will prepare a Draft Plan report essentially similar to the final report although no color will be used. This will be for review and comment only and not intended for distribution to the general public. Ten (10) copies shall be printed. This is Report that will submitted to the FAA for approval. Task 5.2. Final Report. The Consultant will prepare a final report of the findings of the Pueblo Memorial Airport Noise Contour Update after approval by the FAA. This report will include both narrative and graphics. Although by its nature the Plan report is technical in nature and scope, the report will be written so as the general public can understand and use it. Fifty (50) copies shall be prepared. Revised Program of Services/July, 1995/Pueblo Memorial Airport Noise Contour Update 4 L fi � i � sr4 F FEDERAL AVIATION ADMINISTRATION October 19, 1995 Mr. James P. Elwood, Director of Aviation Pueblo Memorial Airport 31201 Bryan Circle Pueblo, Colorado 81001 Dear Mr. Elwood: Pueblo Memorial Airport, Pueblo, Colorado AIP Project Nos. 3 -08- 0046 -14 Engineering Agreement Approval DENVER AIRPORTS DISTRICT OFFICE 5440 ROSLYN STREET, SUITE 300 DENVER, COLORADO 80216 -6026 (303) 286 -5525 I have reviewed the proposed engineering agreement between the City of Pueblo and Barnard Dunkelberg & Company for the noise contour map update. The negotiated fees of $44,430 are considered to be reasonable and are hereby approved and eligible for federal participation: If you have any questions, please feel free to call. Sincerely, Christophe . Schaffer Project Manager cc: Barnard Dunkelberg & Co. OCT 4 3 1995 RESOLUTION NO. 7679 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AIRPORT IMPROVEMENT GRANT OFFER, AIP 3 08 0046 14 FROM THE UNITED STATES OF AMERICA RELATING TO THE 1995 PUEBLO MEMORIAL AIRPORT IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: SECTION 1 The City of Pueblo does hereby accept the Airport Improvement Grant Offer AIP 3 08 0046 14 from the United States of America for the purpose of obtaining Federal Aid for the 1995 Pueblo Memorial Airport Improvements consisting of: 1. Rehabilitate Taxiway "A" and West Apron Edge Taxiway. 2. Update Noise Contour Map. SECTION 2 The City of Pueblo does hereby ratify and adopt all statements, representatives, warranties, covenants, and agreements contained in it's Application for Federal Assistance which is incorporated by reference in said Grant Offer. SECTION 3 The President of the City Council is hereby authorized to execute said Grant Offer on behalf of the City of Pueblo and the City Clerk is hereby authorized and directed to attest said execution and impress thereon the Official Seal of the City of Pueblo. Matching funds for this project will come from the 34 fund. SECTION 4 A true copy of the Grant Offer is attached hereto, incorporated herein, and by reference made a part hereof. INTRODUCED J„1W 24 199 By Charles Janes Councilperson ATTEST: , Clerk APPROVED: President of City Council I, Gina Ducher, City Clerk of the City of Pueblo, Colorado do hereby certify that the attached is a true and correct copy of Resolution No. 7679 adopted by the Council of Pueblo on July 24 1995 and that I am entrusted with the safekeeping of the original. In witness whereof, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 24th day of July , 1995. Acting y Clerk (SEAL)