HomeMy WebLinkAboutResolution - 2011-R0319 - Contract - SWCA Environmental Consultants - LPSIA Wildlife Hazard Assesment - 07/27/2011it
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IIResolution No. 2011—RO319
July 27, 2011
I' Item No. 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a contract for a wildlife hazard
assessment at the Lubbock Preston Smith International Airport, by and between the City
of Lubbock and SWCA Environmental Consultants, and related documents. Said
Contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on .July 27, 2011
TOM MARTIN, MAYOR
ATTEST:
Garza, City Secretary
VED AS TO
Loomis, Director of Aviation
APPROVED AS TO FORM:
o �
Chad Weaver, Assistant City Attorney
v-wecdocs/RES.Contract-SWCA Environmental Consultants
June 23, 2011
SWCA
ENVIRONMENTAL CONSULTANTS
Resolution No. 2011-RO319
Sound Science. Creative Solutions
According to the AC 150/5200-36 issued by the Federal Aviation Administration (FAA), a
Wildlife Hazard Assessment (WHA) must be conducted by a Qualified Airport Wildlife
Biologist, whose qualifications meet the following requirements of § 139.337(c) and (f) (7);
A biologist must meet the qualifications of GS -0486 or be designated as a
Certified Wildlife Biologist by the Wildlife Society;
Taken and passed an airport wildlife hazard management training course
deemed acceptable by the FAA Administrator,
Conducted at least one WHA acceptable to the FAA Administrator while
working under the direct supervision of a qualified airport wildlife biologists; and
r Within the last three years, have attended a wildlife hazard management
training course or attended a Bird Strike Committee annual meeting.
Olivia Munzer of SWCA Environmental Consultants (SWCA) has fulfilled all the criteria
listed above and she will serve as the Qualified Airport Wildlife Biologist. Ms. Baird has
fulfilled all the criteria above except for completing a WHA under the supervision of a
Qualified Airport Wildlife Biologist. Ms. Baird is currently working on that portion at Waco
Regional Airport, and by January 2012, that requirement should be fulfilled. Dr. Russell
DeFusco of BASH Incorporated, an expert in WHAs, will review the final WHA report and
provide support when needed.
As required by 14 Code of Federal Regulations (CFR) 139.337(c), the project team will
collect data to address the following components in the WHA:
1. analysis of events or circumstances prompting the WHA;
2. identification of attractants;
3. wildlife surveys;
4. description of hazards to air carrier operations; and
5. recommended actions for reducing identified wildlife hazards.
Task 1.1 Project Management and Initial Site Visit
The project manager will be in charge of day-to-day activities, such as overall fieldwork
logistics, managing budget and schedule, coordinating quality assurance/quality
control (QA/QC), communication with stakeholders, and monthly reporting. Under this
task, SWCA will conduct an initial site visit to assess Lubbock Preston Smith International
Airport for local wildlife hazard concerns, to meet with Lubbock Preston Smith
International Airport representatives, and to finalize the methods specific to Lubbock
Preston Smith International Airport for the WHA. As part of this site visit, SWCA will look
specifically for hazards and/or attractants, such as lakes or parks, or breaches in the
perimeter fence that allow wildlife onto the airport property.
The project team will conduct a kick-off meeting and site visit with Lubbock Preston
Smith International Airport representatives, airport operations managers, and interested
parties to discuss safety, current management practices, known and recently observed
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT WHA
SCA
ENVIRONMENTAL CONSULTANTS
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hazardous species and/or attractants, concerns of airport personnel, permits held by
the airport, and to finalize the methods specific to the airport for the WHA. As part of
the initial site visit, it is assumed that arrangements will be made for airport access,
driving clearance on airport property, and escorts for the Security Identification Display
Area (SIDA) until the project team biologists have received their security authorization
and airfield driving/familiarity training at Lubbock Preston Smith International Airport,
and that all strike records and background documents will be provided to the project
team.
Wildlife are attracted to areas that provide food, water, and shelter, and attractants of
wildlife include golf courses, agriculture, industrial areas, landfills, residential areas, and
playa lakes in the vicinity of Lubbock Preston Smith International Airport. In order to
identify wildlife attractants, the project team will use high-resolution aerial photography
to help identify wildlife attractants. Ms. Munzer and Ms. Baird will spend two to three
days investigating the airport property for potential wildlife. The project team will
identify attractants within the airport property, but also within a 5 -mile radius around the
approach/departure airspace, as recommended by the FAA (AC 150/5200-33B).
Although these attractants and the wildlife that occur in them may be unavoidable
(i.e., Lubbock Country Club and Lubbock Terminal Reservoir), investigating them may
explain wildlife movements and may elucidate potential management techniques for
preventing wildlife from entering into flight paths. The project team will coordinate with
the airport to investigate the airport and 5 -mile radius. Furthermore, the project team
will identify existing land uses or proposed land uses that are incompatible with safe
airport operations, as stated in AC 150/5200-33, within 10,000 feet of the airport and
within the 5 -mile radius.
An Initial Assessment report will be written after this site visit; this report will include the
reason for the WHA, a brief description of the preliminary observations at the airport,
status of hazardous wildlife species, strike data analysis, a review of currently employed
management techniques, and recommendations to reduce current threats. The
project team will submit this report to Lubbock Preston Smith International Airport for
review. The final Initial Assessment report will be submitted to the airport and to the FAA,
at the airport's request.
Total Cost for Task 1.1 $21,600
Task 1 .2 Wildlife Hazard Assessment Surveys
The project team will develop survey methodology that identifies wildlife species,
numbers, location, movements, and daily and seasonal occurrences at Lubbock
Preston Smith International Airport, and surveys will be conducted in areas based on
visibility and expectations of hazards. The project team will monitor the airport property
and 5 -mile radius once per month to determine the hazard potential of these
attractants and wildlife trends. As recommended by the FAA, the wildlife biologist will
conduct modified point -counts for all wildlife, but especially birds, at each survey point
each month for 12 consecutive months to account for migration and the breeding
season. The project team will select survey points within the airport property and
surrounding 5 -mile radius to be surveyed four times each visit, twice in the morning and
twice in the evening. During each point -count, the wildlife biologist will survey each of
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT WHA 2
SWCA
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the predetermined survey points for five minutes to identify general wildlife use within
the project area. Modified point -count data forms will be completed with on emphasis
on location and observed activity (e.g., species, number, 'behavior, etc.).
Additionally, nighttime spotlight counts will be performed four times per year, which will
consist of no more than four hours of spotlighting wildlife on airport property. All species
observed, as well as their general location, will be recorded. Small mammal surveys will
be conducted two times per year at various locations throughout the airport property
using Sherman live traps and/or snap traps.
A wildlife biologist will review operations and air traffic control logs, if available, to
document wildlife strikes that, if any, occurred during the previous month. Data
collected from all surveys conducted by the project team will be used to assess
potential habitat for wildlife and areas of significance for bird migration and/or
breeding, and to identify hazards and determine daily and seasonal trends.
Furthermore, data obtained from these efforts, including the initial assessment and
biological surveys, wildlife management logs from the airport, strike database, and
local bird surveys that illustrate bird movements in the area, will be incorporated into
monthly letter reports, which will be reviewed by the airport prior to finalization. These
reports will briefly analyze wildlife activity and hazards, as well as provide
recommendations to reduce wildlife hazards.
Using ArcGIS, the project team will map the survey locations, wildlife attractants, wildlife
movement trends, and areas of high concentrations of wildlife (i.e., density maps).
Habitat on or near the airport will be mapped for the final document, these maps will
show general vegetation communities or habitat types (e.g., wetlands, agricultural
areas, grassland, etc.).
Total Cost for Task 1.2 $55,325
Task 1.3 Wildlife Hazard Assessment Report
Upon completion of the WHA surveys, the project team will analyze all the field data
and prepare the WHA final report. In the report, the project team will evaluate the
events that triggered the WHA by describing Lubbock Preston Smith International
Airport and summarizing the strike data. The results of the surveys will include the
following: identification of wildlife species observed, their numbers, locations, local
movements, and daily and seasonal occurrences, and identification and location of
features on and near the airport. The project team will describe the wildlife hazards as
they relate to air carrier operations and recommend actions for reducing these wildlife
hazards. Up to eight copies of the draft WHA will be prepared and disseminated to
Lubbock Preston Smith International Airport. One joint teleconference is anticipated
between the project team and Lubbock Preston Smith International Airport to discuss
the draft WHA. All comments made by Lubbock Preston Smith International Airport
personnel will be incorporated into the final WHA, which will be submitted to the FAA for
approval.
Total Cost for Task 1.3 $18,400
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT WHA 3
SWCA
ENVIRONMENTAL CONSULTANTS
Sound Science. Creative Solutions.c
Cost Summary
Wildlife Hazard Assessment
Task Cost
Task 1: Project Management and Initial Site Visit ........................................ $21,600
Task 2: Wildlife Hazard Assessment Surveys ................................................... $55,325
Task 3: Wildlife Hazard Assessment Report .................................................... $18,400
TotalCost............................................................................................................. $95,325
Proposed Project Schedule
Element Months
1 2 3 4 5 6 7 8 9 10 11 12 13 14
Project Initiation and Site Visit
(within 30 days of notice to
proceed)
Wildlife Hazard Assessment Surveys
Point -Count Surveys
Nighttime Spotlighting
Mammal Trapping
Initial Assessment Report
Preparation
Monthly Report Preparation
WHA Report Preparation
Submittal of WHA Report to
Airport
Submittal of WHA Report to
FAA
Meetings and/or
Teleconference
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT WHA 4
SWCA
ENVIRONMENTAL CONSULTANTS
Sound Science. Creative Solutions.'c
EXECUTED this 27th day of July , 2011.
THE CITY OF LUBBOCK
TONf MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretary
OVED AS TO CONTENT:
W. Loomis, Executive Director of Aviation
APPROVED AS TO FORM:
(kl—
Chad Weaver, Assistant City Attorney
SWCA ENVIRONMENTAL
CONSULTANTS
!�1
GARY . GALBRAITH
Managing Principal
Date: 7/ 2611(
LUBBOCK PRESTON SMITH INTERNATIONAL AIRPORT WHA
Resolution No. 2011-RO319
SERVICES AGREEMENT
Austin Office
4407 Monterey Oaks Blvd, Bldg 1, Suite 110Austin, Texas 78749Tei 512.476.0891 Fax 512.476.0893
Tax 1. D, Number 660483317
Project Title: Lubbock Preston Smith International Airport Wildlife Hazard Assessment
Project Number: Date: 06-13-2011
Company Name: City of Lubbock
Client Contact Person: Steve Nicholson State of Incorporatio nlOrganization: Texas
Street Address or P.O. Box: 5401 N. MLK Blvd Unit 389
City: Lubbock State: Tx Zip: 79403
Telephone No: 806-775-3131 Fax No: 806-775-3133
SWCA Project Manager: Olivia Munzer
Scope of Services (check one):
❑ Services to be performed are:
Scope of services is described in a separate document prepared or approved by SWCA
(such document is incorporated herein and may be attached).
Fees for SWCA Services (check one):
® $95,325 on a Fixed Fee basis.
❑ Time and Materials basis'
❑ Time and Materials basis" not -to -exceed (NTE) $
"SWCA rate schedule to be attached for Time and Materials/NTE contracts
Reimbursement of Other Direct Costs (ODCs) (check one):
® ODCs are included in Professional Services Fees.
ODCs not to exceed $ without Client approval.
Retainer: A retainer of $ must be received by 20 . SWCA may delay work until receipt of
retainer. Retainer will be applied to fees/costs incurred. SWCA reserves right to apply retainer to final invoice.
Payment Terms: Unless otherwise agreed to in writing by SWCA, Client will be invoiced monthly for services
rendered and costs incurred (based on percentage of completion/hours expended, as applicable). All billed amounts
not covered by a retainer are due and payable upon presentation of the invoice and become overdue if payment is not
received within thirty (30) days after the date of the invoice. In no event shall payment to SWCA be withheld pending
Client's receipt of payment by a third -party. Overdue amounts bear interest at the rate of 1.5% per month until paid
and are subject to a monthly late -payment service charge equal to the greater of $200 or 1% of the overdue balance.
Payment should be remitted to: P.O. Box 92170, Elk Grove, IL 60009,
Prices and terms quoted are subject to Client's acceptance within thirty (30) days of the date set forth above.
❑ Special terms:
.MICA Client: City of Lubbock
■wrnnMewhxn�tax�u�ewxn SWCA Incorporated, an Arizona corporation a(n):
(signature) (signature)
Name: Gary L. Galbraith Name:
Title: Managing Principal Title:
Date: Date:
Attached Terms (including disclaimers) are a part of this Agreement
SWCA Standard Terms of Service
1. Scope of Services. Subject to the terms set forth on the face hereof and those contained herein (collectively "this
Agreement"), SWCA shall provide those services that SWCA has agreed in writing to provide under this Agreement
("the Services"). Any other services provided by SWCA in connection with this Agreement shall constitute "Additional
Services". Any Additional Services are to be authorized on SWCA's standard Change Order form, which shall be
incorporated herein, describing changes in the scope of work and any adjustment in pricing and terms. Unless
otherwise agreed in writing by SWCA, Client shall pay for any Additional Services at SWCA's standard hourly rates,
and fees for Additional Services shall be due and payable as incurred and invoiced.
2. Payment. In the event of late payment, the failure to provide a retainer or other breach of this Agreement by Client,
SWCA reserves the right to (i) stop work; and/or (ii) apply any existing retainer and condition the performance of
further services on obtaining payment in full of any unpaid balance and an additional retainer; and/or (iii) terminate this
Agreement; and/or (iv) pursue all other rights and remedies available under this Agreement or applicable law. SWCA
reserves the right to withhold its work product pending payment in full. Unless Client objects in writing to any charges
set forth in an invoice within 10 days of receipt of the invoice, such invoice shall be deemed accepted. Client shall be
responsible for any sales tax, transaction privilege tax, use tax, excise tax or similar taxes, if applicable, on the work
performed under this Agreement.
3. Termination. In the event that this Agreement is terminated and the Services are priced on a fixed fee basis
SWCA shall be entitled to payment from Client based on the percentage of work completed as reasonably estimated
by SWCA, and in the event that this Agreement is terminated and the Services are priced on a Time and Materials
basis, SWCA shall be entitled to payment based on the number of hours worked at the applicable rate, and in all
events SWCA shall be entitled to reimbursement of costs incurred prior to termination. All provisions of this
Agreement that expressly or by their nature continue in effect (such as warranty disclaimers and remedy limitations)
shall survive termination.
4. Client Cooperation and Compliance. Client shall fully cooperate with SWCA as requested by SWCA and as
necessary or appropriate to facilitate the completion of the Services. Client is responsible for providing SWCA with all
information relevant to the Services available to Client and for complying with all applicable laws and requirements in
connection with this Agreement. The Client Contact identified on the face hereof shall have complete authority on
behalf of Client with respect to this Agreement and the Services, including the authority to provide or obtain any
necessary information and approvals, and SWCA may rely on such authority. In the event that a Client Contact is not
identified, SWCA may treat any representative of the Client that communicates with SWCA with respect to this
Agreement or the Services as the Client Contact.
5. Third -Party Services and Costs. SWCA may, with Client's approval, use subcontractors to complete the
Services. SWCA shall not be responsible for acts or omissions of subcontractors and Client hereby releases SWCA
from any claims related thereto. Client shall reimburse SWCA for costs incurred in connection with the Services as
provided in this Agreement. Unless otherwise agreed by SWCA in writing, subcontractor costs shall be subject to a
20% administrative fee and other costs shall be subject to a 15% administrative fee.
B. Delays. In the event that SWCA provides an estimated completion date, SWCA will use reasonable efforts to
complete the Services on or prior to that date subject to Client's compliance with this Agreement and other factors
beyond SWCA's reasonable control. SWCA is not responsible for delays or other circumstances caused by the
unavailability of third -party services, delays in government approvals, or other factors beyond SWCA's reasonable
control.
7. Limited Warranty; Disclaimer, SWCA warrants that the Services performed by its employees will be performed
substantially in conformance with the standard of care observed by similarly situated companies providing services
under similar conditions. In the event of a breach of the foregoing warranty, SWCA's sole obligation shall be to use
commercially reasonable efforts to re -perform the Services in compliance with such warranty, if possible, or at
SWCA's option, refund the fees paid by Client for the Services. EXCEPT FOR THE FOREGOING WARRANTY, THE
SERVICES AND INFORMATION PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS -IS" AND SWCA
DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO SUCH
SERVICES AND INFORMATION INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Client understands that for various reasons investigations conducted by SWCA
may not uncover all relevant information and that reports generated by SWCA may rely on various third -party
information which SWCA may assume to be accurate without independent verification. Any maps or similar materials
provided by SWCA are for illustration only and should not be relied on as surveys. No opinions are intended to be
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expressed by SWCA for matters that require legal expertise or other specialized knowledge beyond that customarily
possessed by similarly situated environmental consulting companies.
8. Limitation of Remedies. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWCA SHALL HAVE NO
LIABILITY TO CLIENT FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE.
CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT SWCA IS ENTERING INTO THIS AGREEMENT IN
RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN.
9. Choice of Law and Forum; Attorneys' Fees. This Agreement shall be governed exclusively by its terms and by
the laws of the State of Texas. Client shall reimburse SWCA on demand for all attorneys' fees, costs and expenses
incurred by SWCA (including any commissions payable to collection agencies) in seeking to collect amounts payable
under this Agreement (including fees, costs and interest) or otherwise seeking to enforce its rights under this
Agreement.
10. Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, the
remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or
unenforceable shall be automatically amended to most closely approximate the original provision on terms that are
valid and enforceable and the court or other adjudicating authority shall make such amendment accordingly.
11. Assignment; Successors; Third -Parties. Client may not assign its rights under this Agreement without SWCA's
written consent and, unless otherwise expressly agreed by SWCA in writing, Client shall in all events remain
responsible for the performance of its obligations hereunder notwithstanding any such assignment. This Agreement
shall be binding upon assignees and other successors. Any services and information provided by SWCA are being
furnished solely for Client's benefit and only with respect to the project that is the subject of this Agreement and no
third -party may rely thereon and no third -party shall be construed to be a beneficiary of this Agreement.
12. Integration; Modification; Waiver. This Agreement reflects the entire agreement of the parties relating to the
subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are
hereby superseded. This Agreement shall control over any conflicting documents and shall be the sole source of any
obligations of SWCA. No provision of this Agreement shall be deemed amended or waived by SWCA unless a written
amendment or a form of waiver is signed by SWCA. All attachments authorized by SWCA are hereby incorporated
into this Agreement. This Agreement may be executed in counterparts and delivered by any reasonable means
including facsimile.
13. Interpretation; Notices. The terms of this Agreement constitute the written expression of the mutual agreement
of the parties and shall be construed neutrally and not for or against either party. When used in this Agreement the
term "include" or "including" shall be construed as illustrative and not exhaustive. The headings in this Agreement are
inserted for convenience; the provisions of this Agreement shall control. Periods of time established by this
Agreement in days shall be calculated using calendar days and not business days unless otherwise specified.
Notices and communications given and made in connection with this Agreement may be given and made by any
reasonable means including facsimile or email if reasonable in the circumstances.
14. Relationship; Authority. The relationship of the parties hereunder is that of independent contractors and not
principal -agent, partners, or otherwise. Except as expressly provided under this Agreement, neither party shall have
any authority to act on behalf of or bind the other party. Only SWCA's project manager or an officer of SWCA shall be
authorized to bind SWCA.
15. Non -Discrimination. SWCA shall not discriminate or allow parties under its control to discriminate in violation of
the Rehabilitation Act, 29 U.S.C. § 793, the Vietnam Era Readjustment Assistance Act, 38 U.S.C. § 4212 or Executive
Order 11246 or similar requirements to the extent applicable, and shall, to the extent required, take affirmative action
to employ and advance in employment qualified individuals.
16. Insurance. SWCA shall, prior to beginning work under the Agreement, obtain and maintain the insurance
designated in this Section 1 and in Section 2 below on the terms provided below.
(a) Commercial/Comprehensive General Liability (CGL) Policy.
Coverage Requirements: Standard coverage plus following coverage regardless of whether
standard: Completed Operations[; Underground Damage; Collapse Hazard; Explosion Hazard]
Minimum Liability Limits:
2
General Aggregate Limit: $2,000,000
Completed Operations/Products Aggregate Limit: $2,000,000
Personal/Advertising Injury Limit: $1,000,000
Each Occurrence/Claim Limit: $1,000,000
Maximum Deductible: $25,000
Minimum Coverage Period: Commencing prior to Subcontractor starting work and continuing for two
(2) years after completion of the Services.
Additional Insureds: SWCA and any additional persons required under the terms hereof.
(b) Professional Liability/Errors & Omissions (E&O) Policy_.
Coverage Requirements: Standard coverage of professional services to be provided by
Subcontractor plus following coverage regardless of whether standard: [Pollution Liability]
Minimum Liability Limits:
Aggregate Limit: $2,000,000
Each Claim Limit: $2,000,000
Maximum Deductible: $25,000
Minimum Coverage Period: Commencing prior to Subcontractor starting work and continuing for two
(2) years after completion of the Services.
(c) Business Automobile Liability (Auto) Policy.
Coverage Requirements: Standard coverage plus following coverage regardless of whether
standard: All owned, non -owned and hired vehicles used by Subcontractor or Subcontractor
Personnel
Minimum Liability Limits:
Property Damage Limit: $1,000,000
Bodily Injury Limit: $1,000,000
Maximum Deductible: $10,000
Minimum Coverage Period: Commencing prior to Subcontractor starting work and continuing until
completion of the Services.
Additional Insureds: SWCA and any additional persons required under the terms hereof.
(d) Workers Compensation.
Coverage Requirements: Coverage required by laws of states in which work is performed by
Subcontractor Personnel plus following coverage regardless of whether required by such laws:
Employers Liability Coverage
Minimum Employers Liability Limn $1,000,000 per occurrence
Maximum Deductible: $10,000
Minimum Coverage Period: Commencing prior to Subcontractor starting work and continuing until
completion of the Services.
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