HomeMy WebLinkAbout51-10 RESOLUTIONRESOLUTION NO. 51-10
A RESOLUTION APPROVING A CONTRACT WITH LOOMACRES
WILDLIFE MANAGEMENT IN THE AMOUNT OF $58,109.00 FOR THE
PROVISION OF A WILDLIFE HAZARD ASSESSMENT AT THE
FAYETTEVILLE EXECUTIVE AIRPORT -DRAKE FIELD, CONTINGENT
ON THE AWARD OF GRANT FUNDS FOR THE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
Section I. That the City Council of the City of Fayetteville, Arkansas hereby approves a
contract, a copy of which is attached to this Resolution as Exhibit "A" and incorporated herein as
if set out word for word, with Loomacres Wildlife Management in the amount of $58,109.00 for
the provision of a Wildlife Hazard Assessment at the Fayetteville Executive Airport -Drake Field,
contingent on the award of grant funds for the project.
PASSED and APPROVED this 6th day of April, 2010.
APPROVED:
ATTEST:
&a By 044444t)
SONDRA E. SMITH, City Clerk/Treasurer
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• WILDLIFE HAZARD ASSESSMENT AGREEMENT
The agreement will be with the City of Fayetteville, Arkansas, and Loomacres Inc. for a project generally described
as: Wildlife Hazard Assessment and Management Plan for the Fayetteville Executive Airport, Drake Field.
Consisting of: a Wildlife Hazard Assessment (Comprehensive Ecological Study), update/develop a Wildlife Hazard
Management Plan, establish a Wildlife Hazard Monitoring Program, alert airport personnel of potential wildlife
hazards, remove/reduce wildlife hazards on an as -needed basis, conduct FAA required Wildlife Hazard Training,
assist airport personnel with the maintenance and renewal of wildlife permits.
ARTICLE 1. SCOPE OF' SERVICES
BIOLOGIST will perform all all services as
enumerated in the RFQ attached hereto Attachement
I. A detailed listing of the scope of work is provided
in the BIOLOGIST's proposal and response to RFP
10-03, in Attachment I. The BIOLOGIST shall
provide all necessary equipment and human
resources that are requirx1 to fulfill the contract.
ARTICLE 2. COMPENSATION
OWNER will compensate BIOLOGIST as set forth
in Attachment II.
ARTICLE 3. TERMS OF PAYMENT
OWNER will pay BIOLOGIST as follows:
3.1 Invoices and Time of Payment
BIOLOGIST will issue monthly invoices as outlined
in Attachment II. Invoices are due and payable
within 30 days of receipt
3.2 Interest
In the event of a disputed billing, only the disputed
portion will be withheld from payment, and OWNER
shall pay the undisputed portion. OWNER will
exercise reasonableness in disputing any biU or
portion thereof. No interest will accrue on any
disputed portion of the billing until mutually
resolved.
ARTICLE 4. OBLIGATIONS OF BIOLOGIST
4.1 Standard of Care
The standard of care applicable to BIOLOGIST
Services will be the degree of skill and diligence
normally employed by professional biologists or
consultants performing the same or similar Services
at the time said services are performed. BIOLOGIST
will reperform any services not meeting this standard
without additional compaisation. The tasks assigned
shall be completed in a timely and efficient manner.
4.2 BIOLOGIST's Personnel at Airport Site
EXHIBIT
I A
The presence or duties of BIOLOGIST's personnel
on the airport property, whether as onsite
representatives or otherwise, do not make
BIOLOGIST or BIOLOGISTs personnel in any way
responsible for those duties that belong to OWNER
and/or other entities.
4.3 BIOLOGIST Insurance
BIOLOGIST will maintain throughout this
AGREEMENT the following insurance:
(a) Workers compensation and employes liability
insurance as required by the state of Arkansas.
(b) Comprehensive automobile and vehicle liability
insurance covering claims for injuries to member of
the public and/or damages to property of others
arising from use of motor vehicles, including onsite
and offsite operations, and owned, nonowned, or
hired vehicles, with $1,000,000 combined single
limits.
(c) Commercial general liability insurance covering
claims for injuries to members of the public or
damage to property of others arising out of any
covered negligent act of omission of BIOLOGIST or
of any of its employees, agents, or subcontractors,
with $1,000,000 per occurrence and in the aggregate.
(d) Professional liability insurance of S1,000,000 per
occurrence and in the aggregate.
(e) OWNER will be named as an additional insured
with respect to BIOLOGISTs liabilities hereunder in
insurance coverages identified in items (b) and (c)
and BIOLOGIST waives subrogation against
OWNER as to said policies.
ARTICLE 5. OBLIGATIONS OF OWNER
5.1 OWNER -Furnish Data
OWNER will provide to BIOLOGIST all data in
OWNER's possession relating to BIOLOGISTs
services on the PROJECT. BIOLOGIST will
•
reasonably rely vice vise upon the accuracy,
timeliness, and completeness of the information
provided by OWNER.
5.2 Access to Facilities and Property
OWNER will make its facilities accessible to
BIOLOGIST as required for BIOLOGISTs
performance of its services.
53 Timely Review
OWNER will examine BIOLOGIST's studies,
reports, sketches, drawings, specifications, proposals,
and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and
financial advisors, and other consultants as OWNER
deans appropriate; and render in writing decisions
required by OWNER in a timely manner.
5.4 Prompt Notice
OWNER will give prompt written notice to
BIOLOGIST whenever OWNER. observes or
becomes aware of any development that affects the
scope or timing of BIOLOGISTs Services, or of any
defect in the work of BIOLOGIST or construction
contractors.
5.5 OWNER's Insurance
5.5.1 OWNER will maintain property insurance on
all physical facilities.
5.6 Litigation Assistance
The Scope of Services does not include costs of
BIOLOGIST for required or requested assistance to
support, prepare, document, bring, defend, or assist
ID litigation undertaken or defended by OWNER.
All such Services required or requested of
BIOLOGIST by OWNER, except for suits of claims
between the parties to this AGREEMENT, will be
subject to a separate agreement.
ARTICLE 6. GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this AGREEMENT by OWNER will be
authorization for BIOLOGIST to proceed with the
work.
6.2 Reuse of PROJECT Documents
All reports, drawings, specifications, documents, and
other deliverables of BIOLOGIST, whether in hard
copy or in electronic form, are instnunents of service
for this PROJECT, whether the PROJECT is
competed or not.
63 Force Majeure
BIOLOGIST is not responsible for damages or delay
in performance caused by acts of God, strilces,
lockouts, accidents, or other events beyond the
control of BIOLOGIST. In any such event,
BIOLOGISTs contract price and schedule shall be
equitably adjusted.
6.4 Termination
6.4.1 This AGREEMENT may be terminated ftir
convenience on 30 days' written notice, or for cause
if either party fails substantially to perform through
no fault of the other and does not commence
correction of such nonperformance within 5 days of
written notice and diligently complete to correction
thereafter.
6.4.2 On termination, BIOLOGIST will be paid for
all authorized services performed up to the
termination date.
6.5 Suspension, Delay, or Interruption of Work
OWNER may suspaid, delay, or interrupt the
Services of BIOLOGIST for the convenience of
OWNER. In Such event, BIOLOGISTs contract
price and schedule shall be equitably adjusted.
6.6 No Third -Party Beneficiaries
This AGREEMENT gives no rights or benefits to
anyone other than OWNER and BIOLOGIST and
has no third -party beneficiaries.
6.7 Indemnification
6.7.1 BIOLOGIST agrees to indemnify OWNER for
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs,
arising our of claims by third parties for property
damage or bodily injury, including death, caused by
the negligence or willful misconduct of BIOLOGIST,
BIOLOGISTs employees, affiliated corporations,
and subcontractors in connection with the PROJECT.
6.7.2 OWNER agrees to indemnify BIOLOGIST
from any claims, damages, losses, and costs,
including, but not limited to, attorney's fees and
litigation costs, arising out of claims by third parties
for property damage or bodily injury, including
death, caused by the negligence or willful
misconduct of OWNER, or its employees or
contractors in connection with the PROJECT.
6.13 Assignment
This is a bilateral personal Services AGREEMENT.
Neither party shall have the power to or will assign
any of the duties or rights or any claim arising out of
or related to this AGREEMENT, whether arising in
tort, contract or otherwise, without the written
consait of the other party. Any unauthorized
assigrunent is void and unenforceable. These
conditions and the entire AGREEMENT are binding
on the heirs, successors, and assigns of the parties
hereto.
6.9 Waiver
6.9.1 No waiver by either party of any breach of this
AGREEMENT, or of any warranty or representation
hereunder, shall be deemed to ba a waiver by the
same party of any other breach of any kind or nature
(whether preceding or succeeding the breach in
questions, and whether or not of the same or similar
nature). •
6.9.2 No failure by a party to exercise any right it
may have under this AGREEMENT or under law
upon another party's default, and no delay in the
exercise of that right, shall prevent it from exercising
the right whenever the other party continues to be in
default. No such failure or delay shall operate as a
waiver of any default or as a modification of the
provisions of this AGREEMENT.
6.10 Jurisdiction
The substantive law of the state of Arkansas shall
govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
6.11 Severability and Survival
6.11.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
6.11.2 Limitations of liability, indemnities, and other
express representations shall survive ternination of
this AGREEMENT for any cause.
6.12 BIOLOGIST'S Deliverables
BIOLOGISTs deliverables, including record
drawings, are limited to the sealed and signed hard
copies. Computer-generated drawing files furnished
by BIOLOGIST are for OWNER or others'
convenience. Any conclusions or information
derived or obtained from these electronic files will be
at user's sole risk.
6.13 Dispute Resolution
The parties will use their best efforts to resolve
amicably any dispute, including use of alternative
dispute resolution options.
ARTICLE 7. ATTACHMENTS,
SCHEDULES, AND SIGNATURES
This AGREEMENT, including its attachments, and
schedules constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings,
and may only be changed by a written amendment
executed by both parties.
Phase I: Wildlife Hazard Assessment:
IN WITNESS WHEREOF, the parties execute below:
For OWNER,
dated this 44. d y of
Signature
Name (printed)
Title
City of Fayetteville, AR
For BIOLOGIST,
BIOLOGIST,
dated this 2 9 1" day of I'
Signature
catio
Name (printed) GOA/ Illax—itt-514,c.,
Title
Pr•es AeAt
Signature
Name
Title
20)0
Signature
Name
Title
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Phase II: Wildlife Hazard Manaaement Plan (If required by FAA):
IN WITNESS WHEREOF, the parties execute below:
For OWNER, City of Fayetteville. AR
dated this day of
Signature Signature
Name (printed) Name
Title Title
For BIOLOGIST,
dated this 29 911 day of March
Signature
(a.,‘
Name (printed) 1 v.5 K c•-•
Title PCES,:clarTV
20/0
Signature
NameKr/5. 477-21 gOI C /IUSka-
Title
ga e
Vice ,4esider-1-
Phase I: Wildlife Hazard Assessment:
IN WITNESS WHEREOF, the parties execute below:
For OWNER, City of Fayetteville. AR
dated this (0,4d day of
Signature Or.L...ria.... ..._ar •
Name (printed) J a a der
Title
e9.010
vageew,
.5'ondeez 6, SAWA,
Signature
Name
Title
For BIOLOGIST,
dated this 2r day of Martin ,
Signature (X*2) ITIS_
Name (printed) COati 1 el."-C(v5?-01/4.
Title
Pi -t4 06(4
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E FAYETTEVILLE: E
20/0
c -it if: K ANS* .S.7
Signature -gtAidtt
a --„ise.1/4•,• • • •
Name Kris -kin 8e;( kci._
Title Vibe Pre6idett+
Phase II: Wildlife Hazard Management Plan (If required by FAA):
IN WITNESS WHEREOF, the parties execute below:
For OWNER, City of Fayetteville, AR
dated this day of
Signature Signature
Name (printed) Name
Title Title
For BIOLOGIST,
dated this 29 4 day of Ala
Signature
A 20,o
a • \
Name (printed) Coda, L (acc.,;LAs Kc,s
Title
Pres()tiff
Signature
Name
Title
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e Presiden4
As. &nu)*
Ray M. Boudreaux
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
4/6/2010
City Council Meeting Date
Agenda Items Only
Aviation
Division
Action Required:
Transportation
Department
Action Required: Approve Contract with Loomacres Wildlife Management in the amount of $58,109. Contact: Cody L
Baciuska, President, PO Box 361, Wamerville, NY 12187; 607-760-8748; 518-234-8547 fax; www.loomacres.com.
58 109 00
Cost of this request
5550.3960.7820.39
Account Number
10022 1
Project Number
Budgeted Item
Category/ Project Budget
Wildlife Hazard Assessment
Program Category / Project Name
D8100_AVED
Funds Used to Date Program / Project Category Name
Airport
Remaining Balance Fund Name
Budget Adjustment Attached
Finance and Internal Services Director
Date
5-3o- lei
Date
3 -10 -tato
Date
3-3o-/
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
Comments: Budget Adjustment included with grant funding item associated with this Contract.
Revised January 15,2009
•
Wetevi le
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 5 School Ave, Ste F
Fayetteville, AR 72701
P (479)718-7642
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL MEMO
To: Mayor Jordan
Thru: Chief of Staff, Don Marr
Thru: Transportation Director, Terry Guile
From: Ray M. Boudreaux, Aviation
Date: March 29, 2010
•
Subject: Award of Wildlife Hazard Assessment Contract to Loomacres Wildlife Management
PROPOSAL: The FAA directed that all Part 139 Airports conduct a Wildlife Hazard Assessment (WHA)
and if deemed necessary following review of the assessment, develop a Wildlife Hazard Management Plan.
This item requests authority to award the contract to Loomacres Wildlife Management for Phase 1 of their
proposal which is to conduct a Wildlife Hazard Assessment. Loomacres Wildlife Management was selected on
qualifications from 10 submittals utilizing the City purchasing procedures and selection process. The company
is currently working at XNA performing their WHA. Our FAA Program Manager has reserved the funds for
this project and is awaiting our application. Arkansas Department of Aeronautics pays the 5% match for FAA
funded projects. We will give notice to proceed when the grants are assured. The Airport Board approved this
project and our request at their March 11, 2010 meeting.
RECOMMENDATION: Approve contract award to Loomacres Wildlife Management for a Wildlife Hazard
Assessment for Fayetteville Executive Airport, Drake Field. The Wildlife Assessment will cover twelve
months of field work to document the type and quantity of wildlife present on and near the airport. Once
documented, an analysis of the hazards will take two additional months with the report submitted to the Airport
and the FAA for review and approval. Once approved, tasks will be assigned to airport staff and staff will
receive training in the control of hazardous wildlife.
BUDGET IMPACT: This project is fully funded by Grants from the FAA (95%) and Arkansas Aeronautics
(5%) in the amount of $58,109.00. Should a Wildlife Management Plan be directed by FAA, a new grant
application will be initiated for the Plan cost of $4,671.00 or FAA may initiate a modification to the WHA
Grant. FAA is authorized to amend grants up to 15% of the grant amount.
Attachments: Staff Review
Wildlife Hazard Assessment Agreement w/ Loomacres Wildlife Management (2 cys)
RFQ Wildlife Hazard Assessment
Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH
LOOMACRES VVILDLIFE MANAGEMENT IN THE AMOUNT OF
$58,109.00 FOR THE PROVISION OF A VVILDLIFE HAZARD
ASSESSMENT AT THE FAYETTEVILLE EXECUTIVE AIRPORT -
DRAKE FIELD, CONTINGENT ON THE AWARD OF GRANT
FUNDS FOR THE PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a contract, a copy of which is attached to this Resolution as
Exhibit "A" and incorporated herein as if set out word for word, with Loomacres
Wildlife Management in the amount of $58,109.00 for the provision of a Wildlife
Hazard Assessment at the Fayetteville Executive Airport -Drake Field, contingent
on the award of grant funds for the project.
PASSED and APPROVED this 6th day of April, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
•
Ta3ZreeRyle
RFP (REQUEST FOR PROPOSAL)
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: (479) 575-8289
REQUEST FOR PROPOSAL: RFP, 10-03, Wildlife Hazard Assessment
DEADLINE: Wednesday, February 24 2010 at 2:00 PM, Central Standard Time
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPB, aforen@ci fayetteville.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT* Monday, February 08, 2010
'41111.
REQUEST FOR PROPOSAL
RFP 10-03, Wildlife Hazard Assessment
No late proposals will be accepted. RFP'S shall be submitted in sealed envelopes labeled "RFP 10-
03, Wildlife Hazard Assessment with the name and address of the Proposer.
RFPs shall be submitted in accordance with the attached City of Fayetteville specifications and RFP
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all
information requested; failure to do so may be used as basis of rejection.
The undersigned hereby offers to fumish & deliver the articles or services as specified, at the prices & terms stated
herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of
this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City
Purchasing Manager.
Name of Firm:
Contact Person: Title:
E -Mail: Phone:
Business Address:
City: State: Zip:
Signature: Date:
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 1 of 12
City of Fayetteville
RFP 10-03, Wildlife Hazard Assessment
Advertisement
City of Fayetteville, Arkansas
NOTICE: Request for Proposal
RFP 10-03, Wildlife Hazard Assessment
The City of Fayetteville is requesting proposals from qualified firms or groups of firms interested in
performing a Wildlife Hazard Assessment and a VVildlife Hazard Management Plan for the Airport. The
City intends to select a firm to provide these services at Fayetteville Executive Airport, Drake Field. The
consulting services will be administered by the Airport staff, and will commence following the execution of
a Professional Services Contract with the selected respondent and approval by the Fayetteville City
Council.
Interested parties should submit proposals to the Fayetteville Purchasing Division in City Hall, Room 306, 113
W. Mountain, Fayetteville, Arkansas, 72701. Proposals are due before Wednesday. February 24, 2010
before 2:00 PM CST.
Copies of the requirements for RFP 10-03 can be obtained by visiting our website at
www.accessfavetteville.orq and clicking on "Business" then "Bids, RFP's and RFO'e under the "Services"
category (then click the RFP tab).
The City reserves the right to reject any proposal and to waive formalities deemed to be in the City's best
interest.
"Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and
construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their
contract to qualified small, minority and women business enterprises."
City of Fayetteville
By: Andrea Foren, CPPB
Purchasing Agent
479.575.8220
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 2 of 12
•
City of Fayetteville
RFP 10-03, Wildlife Hazard Assessment
Terms and Conditions
1.) All Proposers shall be in compliance with all Federal, State, and Local requirements and regulations.
2.) No payments or Proposals may be based on time and material costs.
3.) Awarded Proposer shall submit invoices regularly. Payment terms shall be net 30 days from date of
invoice.
4.) All contract amendments and modifications shall be made in writing and properly approved by the City of
Fayetteville Mayor and City Council.
5.) Proposals shall be received at the address listed below and are due Wednesday, February 24, 2010 at
2:00 PM, CST.
City of Fayetteville
Attention: Andrea Foren — Room 306
Reference: RFP 10-03
113 W. Mountain
Fayetteville, AR 72701
6.) It is the responsibility of the Proposer to have its sealed proposal at the Purchasing Office prior to the
date and time of opening. No late proposals will be accepted. Proposals received after the scheduled
proposal deadline will remain unopened and will not be considered.
7.) The City of Fayetteville reserves the right to reject any or all proposals, waive formalities and make
the award based on the best interest of the City.
8.) It shall be clearly understood that any costs incurred by the Proposer in responding to this request for
proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville
shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or
not the proposal is accepted.
9.) Any inquiries or requests for explanation in regard to the City's requirements should be made
promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforenci.favetteville ar.us) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if any,
will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications,
or requests will not be disclosed until after a contract is in place.
10.) Any conditions or expectation on the part of the Proposer for performance by the City must be set
forth in the proposal. The City is not obligated to consider the Proposer's post submittal terms and
conditions.
11.) At the discretion of the City, one or more firms may be asked for more detailed information before
final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit an
"Authorized Negotiator Information" form.
12.) The City will not be responsible for misdirected proposals. Proposer should call the Purchasing
Office at (479) 575-8220 to insure receipt of their proposal documents prior to opening time and date listed
above.
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 3 of 12
13.) Any information provided herein is intended to assist the Proposer in the preparation of proposals
necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and test requirements, but
is not intended to limit a RFP's content or to exclude any relevant or essential data.
14.) The RFP and any addenda issued may be obtained from www.accessfavetteville.orq and clicking
"Bids, RFP's and RFQ's" under the "Businesses" category then tab titled "RFP s". Proposers are at liberty
and are encouraged to expand upon the details, qualifications and proposals to give additional evidence of
their ability to perform and provide a system as described in this RFP. All updates and changes to the RFP
will be posted on the website and Proposers are encouraged to check daily for new information or updates.
Each Proposer is required before submitting a proposal to be thoroughly familiar with the requirements and
specifications listed in this RFP. Additional allowances will not be made due to Proposers lack of
knowledge relating to the terms, conditions and specifications contained within this RFP. It is the
responsibility of the Proposer to determine if any component(s) of this specification do not meet the
required standards of applicable federal, local, state law or specifications.
15.) The proposal must contain the signature of a duly authorized officer or agent of the Proposer's
company empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and
terms proposed.
16.) The Proposer is required to submit one (1) original and five (5) copies of the proposal. In
addition, one (1) electronic copy of all submitted documents shall be submitted on a properly
labeled CD. The use of Adobe (PDF) is highly recommended but not mandatory. All electronic
copies shall be compatible with Adobe and Microsoft Windows applications.
17.) It is intended that the all documents pertaining to this request for proposal shall define and describe the
complete services to which they relate.
18.) The Proposer is advised to examine all documents and current parameters of the services in becoming
fully informed as to their conditions. This includes the conformity with specific standards and the character,
quality and quantity of the reports and services required. Failure to examine these areas will not relieve the
successful Proposer of his obligation to fumish all deliverables and services necessary to carry out the
provisions of the contract.
19.) The City of Fayetteville will consider the degree to which each Proposer has submitted a complete
proposal without irregularities, excisions, special conditions, or alternative proposals for any item unless
specifically requested in the RFP.
20.) Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in
any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
21.) The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful Proposer
assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment
shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any
monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms,
and corporations for services rendered or materials supplied for the performance of the services called for in
this contract.
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 4 of 12
22.) The successful Proposers attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal govemments or authorities in any manner
affecting those engaged or employed in providing these services or in any way affecting the conduct of the
services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If
any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications
herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith
report the same in writing to City of Fayetteville.
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 5 of 12
City of Fayetteville
RFP 10-03, Wildlife Hazard Assessment
Authorized Negotiator Information — TO BE SUBMITTED WITH ALL PROPOSALS
At the discretion of the City, one or more firms may be asked for more detailed information before
final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall
submit to the City a primary contact name, e-mail address, and phone number (preferably a
cell phone number) where the City selection committee can call for clarification or interview
via telephone.
Caroraarjj
Name of Firm:
Name of Primary Contact:
Title of Primary Contact:
Phone#1 (cell preferred):
E -Mail Address:
Phone#2:
RAW iitCootactifor Le ally Bindirigeorrffigt
Is the primary contact (listed in Part I) able to legally bind contracts? YES NO (circle one)
If no, please list contact that can legally bind a contract for the firm:
Name:
Title:
Phone#1 (cell preferred): Phone#2:
E -Mail Address:
Date:
Signed:
•
Name:
Does this person have professional training or extensive experience in wildlife hazard management
operations? YES NO (circle one)
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 6 of 12
City of Fayetteville
RFP 10-03, Wildlife Hazard Assessment
Project Information
The City of Fayetteville is requesting proposals from qualified firms or groups of firms interested in performing a
Wildlife Hazard Assessment and a Wildlife Hazard Management Plan for the Airport. The City intends to select a
firm to provide these services at Fayetteville Executive Airport, Drake Field. The consulting services will be
administered by the Airport staff, and will commence following the execution of a Professional Services Contract
with the selected respondent and approval by the Fayetteville City Council.
Federal Aviation Administration (FAA) Advisory Circular No: 150/5100-14D provides guidance to the Airport in the
selection and employment of these services.
Deadline for submittals is Wednesday. February 24, 2010 before 2:00 PM, CST.
I. SCOPE OF SERVICES FOR WILDLIFE HAZARD ASSESSMENT
Aircraft collisions with birds and other wildlife are a serious economic and public safety problem. The City of
Fayetteville seeks a Professional Consulting firrn to conduct a Wildlife Hazard Assessment in accordance with 14
CFR 139.337. The City of Fayetteville is seeking:
(1) A wildlife hazard assessment, conducted by a qualified wildlife damage management biologist haying
experience In wildlife hazard management In airports Such assessment must include at least the
following:
a. An analysis of the events or circumstances that prompted the assessment.
b. Identification of the wildlife species observed and their numbers, locations, local movements, and
daily and seasonal occurrences.
c. Identification and location of features on and near the Airport that attract wildlife in consultation with
local, state, and federal jurisdictions and authorities.
d. A description of wildlife hazards to air carrier operation.
e. Recommended actions for reducing identified wildlife hazards to air carrier operations.
f. The wildlife hazard assessment must be submitted to the FAA.
(2) Since the FAA has previously determined that a wildlife hazard management plan is needed, when the
wildlife hazard assessment is approved by the FAA, the consultant will be required to formulate a wildlife
hazard management plan using the wildlife hazard assessment as a basis.
The wildlife hazard management plan must provide measures to alleviate or eliminate wildlife hazards to
air carrier operations and must include at least the following:
a. A list of the individuals having authority and responsibility for implementing each aspect of the plan.
b. A list prioritizing the following actions identified in the wildlife hazard assessment and target dates for
their initiation and completion:
1. IMIdlife population management;
ii. Habitat modification; and
iii. Land use changes.
c. Requirements for and, where applicable, copies of Local, State, and Federal wildlife control permits.
d. Identification of resources that the Airport will provide to implement the plan.
e. Procedures to be followed during air carrier operations that at a minimum include
i. Designation of personnel responsible for implementing the procedures;
ii. Provisions to conduct physical inspections of the aircraft movement areas and other areas
critical to successfully manage known wildlife hazards before air carrier operations begin;
iii. Wildlife hazard control measures.
iv. Ways to communicate effectively between personnel conducting wildlife control or observing
wildlife hazards and the air traffic control tower;
v. Measures to notify pilots and other relevant agencies, person or agencies of potential wildlife
threats to aviation; and
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 7 of 12
vi. Measures to coordinate wildlife control with relevant local, state, and federal jurisdictions and
authorities.
f. Procedures to review and evaluate the wildlife hazard management plan every 12 consecutive
months or following an event in which an air carrier aircraft experiences multiple wildlife strikes,
substantial damage from striking wildlife, engine ingestion of wildlife; or wildlife of a size or in
numbers, capable of causing one of the above events is observed to have access to any Airport
flight pattem or aircraft movement area These procedures should include:
i. The plan's effectiveness in dealing with known wildlife hazards on and in the Airport's vicinity and
ii. Aspects of the wildlife hazards described in the wildlife hazard assessment that should be
reevaluated
A training program conducted by a qualified wildlife damage management biologist to provide Airport
personnel with the knowledge and skills needed to successfully carry out the wildlife hazard
management plan.
9.
(3) Before the plan is accepted by City of Fayetteville it must be approved by the FAA.
(4) The Wildlife Damage Management Biologist(s) conducting the Wildlife Hazard Assessment and
conducting the training program for airport personnel involved in controlling Wildlife Hazards at the Airport
must be qualified according to AC 150/5200-36.
(5) The consultants will comply with all FM Advisory Circulars in the 150 series including those that contain
standards and procedures for wildlife hazard management at airports and the current version of the
FANUSDA document -Wildlife Hazard Management at Airports.
II. ADDITIONAL PROJECT CONSIDERATIONS
This project will be partially financed by grants administered by the Arkansas Department of Aeronautics and the
FAA. This project is contingent upon receipt of such a grant(s) or other grants along with the securing of other
required approvals.
Because the professional services may necessitate access to the secure areas of the airfield, it will be necessary for
the selected respondent to coordinate activities with the Airport Administration Office.
III. PROJECT APPROACH AND SELECTION CRITERIA
To be considered to provide Wldlife Hazard Assessment services a Letter of Interest containing a concise but
detailed narrative indicating the proposed approach to providing the required services must be submitted, in addition
to the other information described below. Each interested firm must present its qualifications for hazardous wildlife
studies. The approach may be structured in any way deemed to be responsive to the needs of the City of
Fayetteville as generally described herein as the Scope of Services The Project Approach" section should
demonstrate an understanding of the project and provide an explanation of previous experience with airport
hazardous wildlife studies and/or similar Wildlife Hazard Assessment efforts. Firms should explain any proposed
coordination between the prime and proposed sub -consultants as well as explain coordination with the Airport's
operational needs, and provide any other information that may assist the Selection Committee in making a selection.
The criteria and the weighted values to be used by the Selection Committee in evaluating responses for the
selection of a firm(s) to perform this service(s) are listed below. Each point value is adjacent to the criterion and
totals 100 points Please address each criterion in your Project Approach.
1) 30% Qualifications In Relation to Specific Project to be Performed: Information reflecting
qualifications of the firm. Indicated specialized experience and technical competence of the firm
in connection with the type and complexity of the service required. Subcontractors, if used, must
be listed with information on their organization. Firrn's demonstrated ability to meet requirements
within 14 CFR 139.337. **REQUIREMENT: Proposal documents shall list ALL Wildlife Damage
Management Biologists who would be assigned to this project that have professional training or
experience in wildlife hazard management in airports.
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 8 of 12
2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names,
titles, and qualifications (including experience and technical competence) of the major personnel
assigned to this specific project. Provide detailed breakdown of subcontractor's staff to be used
and how they are to be used to supplement your staff.
3) 20% Proposed Method of Doing Work: A proposed work plan (description of how the project would
be conducted as well as other facts concerning approach to scope you wish to present) indicating
methods and schedules for accomplishing each phase of work. Include with this the amount of
work presently underway. This criteria includes anticipated participation due to the desire of the
City to work with Disadvantaged Business Enterprises
4) 20% Past Performance: Previous evaluations shall be considered a significant factor. If previous
evaluations with the City are not available, the professional firm's past performance records with
the City and others will be used, including quality of work, timely performance, diligence, ability to
meet past budgets, and any other pertinent information. Firm will provide a list of similar jobs
performed and person whom we can contact for information.
5) 10% Price
IV. DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
The City of Fayetteville, in accordance with Title VI of the Civil Rights Act of 19641 42 U.S.C. Section 2000d et. seq.
and 49 CFR Part 26 issued pursuant to The Airport and Airway Development Act, affords Disadvantaged Business
Enterprises (DBEs) full opportunity to submit an indication of interest in response to this invitation and will not
discriminate against any interested firm on the ground of race, creed, color, sex, age, or national origin in a contract
award. In addition, the City of Fayetteville has established annual goals for DBE participation on Airport projects.
Prospective consultants should review the Airport's DBE Program and 2010 Goal Update documents during their
preparation of a response to this Request for Proposal (RFP).
The City of Fayetteville, in order to encourage the use of DBE firms, has set a DBE participation goal of 2.3% for this
contract. The Airport desires to achieve, to the greatest extent possible, quality participation by certified DBE firms in
order to achieve its 2010 updated goal. Although DBE participation is not a requirement for this contract,
respondents are challenged to present a creative and responsive plan that provides for DBE participation that is
commercially meaningful and useful. The Airport encourages and favors the following arrangements to ensure
quality participation: (1) Participation as a prime consultant, (2) Joint Venture, (3) Partnership, and (4) Sub -
consultant. Proposals will be evaluated, in part, on the respondent's stated intention to ensure quality participation.
The DBE firm(s) that may be participating in this project must be certified by the State of Arkansas.
DBE Proposals at the time of submittal. Joint ventures and partnerships must be in existence at the time of
submittal. The identity of the proposed certified DBE participant(s) and their participation percentage shall be
indicated.
At least ten (10) days prior to award, the successful respondent shall provide the City of Fayetteville with copies of
executed subcontracts, certified copies of articles of incorporation, partnership agreements, and/or joint venture
agreement if a DBE (minority or woman) is a shareholder/officer, partner or one of the ventures.
The DBE firm(s) participating in this project must perform a commercially useful function. The failure of a DBE
firm(s) to perform a commercially useful function, as defined in 49 CFR Part 26, shall constitute grounds for the City
of Fayetteville to impose appropriate legal remedies.
The respondent is required to perform and submit documentation of Good Faith Efforts as described in the City of
Fayetteville's DBE Program, Subpart C, and 49 CFR Part 26.53 in order to secure DBE participation.
The City of Fayetteville affords no preference based upon the geographical area in which a DBE firm is located.
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 9 of 12
V. SUBMITTAL OF PROPOSAL
An interested firm must provide references showing relevant capabilities and experience for the preceding 3 years.
Elaborate qualifications statements and brochures are not desired.
Any sub -consultants proposed to be used, including DBE sub -consultants, must also submit references containing
information pertinent to the work to be performed The prime firm must specify which areas of work will be
accomplished by each sub -consultant and the percentage of the total contract this work effort will constitute. Please
ensure that an organizational chart is included.
The Letter of Interest that supplements the references should discuss the extent of the firm's experience in the
disciplines of hazardous wildlife studies especially at air -carrier airports. If an association or joint venture of firms is
contemplated, the expertise of each individual firm in hazardous wildlife studies should be clearly defined as well as
the level of involvement of each firm in the services and the proposed means of coordination between firms. A joint
venture will be considered a "firm".
Respondents are required to adhere to the FAA's Wildlife Hazard Assessment procedures and systems and the
mitigation program currently utilized by the Airport.
Only timely received proposals, meeting the requirements of this RFP, will be considered. No Proposals will be
considered or accepted that are submitted by a firm that is in default under the terms of any existing agreement with
the Airport or other similar agency, or has failed to perform its obligations faithfully under any previous agreement
with the Airport or other similar agency. Each lead consultant firm or lead member of a joint venture shall submit
only one Proposal. Sub -consultant or sub -joint venture firms may submit their proposals with more than one lead
consultant firm and/or joint venture. A Proposal will be rejected if there is any evidence of collusion with another
firmloint venture. A firm that responds as a prime or as a partner in a joint venture responding as a prime
cannot as a sub -consultant submit its qualifications to another responding prime. Furthermore, a firm that
responds as a prime or as a partner In a Joint venture team responding as a prime cannot be a partner In a
joint venture that submits its qualifications as a sub -consultant to another responding prime. Proposals shall
be signed by an authorized representative of the firm.
Submission Requirements
Elaborate qualifications statements, proposals, and brochures are not desired. Clarity and concise, orderly treatment
are important and must contain the following:
a. Letter of Interest indicating proposed approach to the required professional services, previous experience
approach to project coordination, list of DBE participants and percentage participation, and responses to
each of the Selection Criteria. Each interested firm must present its qualifications for hazardous wildlife
studies.
b. Complete 3 year reference listing for each prime firm, joint venture firm, and sub -consultant and an
organizational chart.
c. Statement of Agreement to background investigation and criminal history record check.
d. A "Project Approach" that identifies the suggested structure of the organization and management methods.
e. A description and identification of the firm's relationship to or with other firms (Subsidiary of another firm,
Partner in Joint Venture etc) Also include the Primary Location, Address Telephone, Email, and Facsimile
numbers of the organization.
f. Identification of the key personnel assigned to this project. At a minimum, identify the Principal -in -Charge
and any other key personnel you see fit. Provide a
biographical sketch of these individuals describing their relevant background Also provide the following for
each individual, Employer — if different than firm (i.e., parent company or consulting firm), Address — if
different than firm, Telephone, Email, Fax.
g. Description of your cost management systems and their relationship. Your proposal should exhibit the means
and mechanisms to be used in the management and verification/monitoring of construction and schedule
information for the program.
h. Limit submission to 20 pages- resumes may be included as an appendix.
i. The Proposer is required to submit one (1) original and five (5) copies of the proposal. In
addition, one (1) electronic copy of all submitted documents shall be submitted on a properly
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
Page 10 of 12
labeled CD. The use of Adobe (PDF) is highly recommended but not mandatory. All electronic
copies shall be compatible with Adobe and Microsoft Windows applications. All proposal
documents shall be received prior to the deadline stated in this document.
Courier/Hand Delivery:
Mall Delivery:
Any response that is received after the stated deadline will not be considered by the City of Fayetteville. The time
will be tracked according to the City of Fayetteville's electronic clock located in the Purchasing Division.
Furthermore, any submission that fails to include all required documentation may be considered non-responsive.
Faxed or e-mailed responses will not be accepted.
VI. QUESTIONS ON SCOPE OF SERVICES
Questions concerning elements described in the Scope of Services section of the RFP should be addressed in
writing to Andrea Foren via e-mail at aforen(aci.favetteville.arus. Questions shall be directed as soon as possible.
VII. SELECTION OF CONSULTANT
Following receipt of the Proposals, a Selection Committee will review all responses and recommend an applicant(s)
to the City of Fayetteville. The Selection Committee may schedule interviews with the most qualified firms in order to
make a final selection. The City of Fayetteville will accept or reject the Selection Committee's recommendation. The
City of Fayetteville reserves the right to cancel this RFP, accept or reject any/all submissions, waive any
technicalities and/or informalities or re -advertise, for any reason, particularly, when deemed in the best interest of
the City of Fayetteville.
The law of the State of Arkansas shall govem the Agreement. Any disputes relating to this RFP or related
agreement must be resolved accordingly.
In the process of developing a scope and fee for these services the selected consultant, each sub -consultant and/or
sub -contractor, and/or member of a joint venture may be asked to submit a statement of auditable overhead
expenses, certified by the consultant's auditor, the Airport's auditor, a state auditor, or a federal government auditor.
The statement shall be in accordance with Federal Acquisition Regulation 48 CFR Part 311 Contract Cost Principle
and Procedures, and be based on an audit performed within the consultant's last two fiscal years.
VIII. PREPARATION COST OF QUALIFICAITONS
Costs associated with preparation of each submittal shall be bome by the applicant(s). The City of Fayetteville is not
responsible for any costs with responding to this RFP and considers all submittals accepted as non-retumable.
IX. PROPOSAL SUBMITTAL CHECKLIST
Please be sure that all items listed below are included in the response to this RFP and are fully completed and
properly executed. if any of these Items are not included or are partially completed or not properly executed,
the Selection Committee can declare the response not responsive or request clarification, and may remove
the submittal from further consideration.
1. Letter of Interest. Each submittal shall include a letter of interest as outlined in Sections III and V of this
RFP. A duly authorized representative of the prime firm should sign the letter.
2. Project Approach. Each response should include a detailed project approach section. Limit project
approach to 5 pages. See Sections III and V.
City of Fayetteville, AR
RFP 10-03, Wildlife Hazard Assessment
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