PRE-PROPOSAL CONFERENCE RFP 08-023, Contract for operating Airport Tower RFP 08-038, Lease for Hangar #2317 August 18, 2008 Agenda Introductions of Attendees Sign Attendance Sheet Solicitation Information Opening August 29, 2008 at 10:00 a.m. One signed original, five copies and one electronic copy. Solicitation, offer and award form City Secretaries Office for time stamping Enterprise Owner Information Form Conflict of Interest Questionnaire Scope of RFP – Andy Spinks RFP 08-023, Contract for operating Airport Tower RFP 08-038, Lease for Hangar #2317 The hangar floor and office plan were available for pickup and are included as PDF documents to the minutes. QUESTIONS AND ANSWERS: 1. Page 6 paragraph 3a3(1), which reads (1) The amount of consideration to be paid to the City or received from the City for operation of the tower.” QUESTION: Please provide clarification regarding the intent of this requirement. To determine the method of renumberation for the operation of the Tower. Are you as a contractor going to pay the City or is the City going to pay your company for the operation of the tower. 2. Page 6 paragraph 3a3(2). Will submission of the bidder’s two most recent corporate financial statements satisfy this requirement? The City will accept an audited financial statement or equivalent. 3. Page 7 paragraph 4(2). Currently the statement reads “(2) Statement that contractor will meet all FAA requirements for operating the Tower.” The statement is left open for interpretation and warrants clarification as to the specific tower operating requirements that must be satisfied. Depending upon the organization operating the tower, the FAA requirements that must be satisfied vary. Requirements for a federal tower versus those for a non-federal tower differ substantially with respect to daily operations and personnel certification requirements. 4. Page 7, paragraph 4, titled Business Plan (10 Points), subparagraph (4) reads “(4) Any incorporation of tower operations into training or instructional program on or near the airport.” QUESTION: Given evaluation of a bidder’s Business Plan is a weighted factor (10 points), will a bidder’s evaluation score be negatively impacted if they do not intend to incorporate tower operations into a training program or instructional program? From the wording provided, it appears a bidder proposing to utilize the tower as part of a training operation will have an advantage in terms of evaluation scoring. Any incorporation of tower operations into training or instruction program on or near the airport will receive points. QUESTION: Item 5, “Length of contract proposed by contractor” is a factor the City’s evaluation of a bidder’s Business Plan. Please explain how the City will objectively evaluate this factor when bidders may very well propose a variety of contract periods or lengths? The City will determine what is most advantageous for it. 5. Page 8, paragraph 5, titled Award Jointly or Individually. The first sentence reads “The City is issuing Solicitation No. 08-039, Lease of Hangar #2317 and Solicitation No. 08-023, Contract for Operating Airport Tower at the same time and reserves the right to consider responses to these solicitations jointly or individually. In other words, if a respondent responds to both solicitations and their responses, when considered jointly, are the most advantageous to the City and the use and operation of both the hangar and the operation of the airport tower when considered jointly, the City may select one respondent for both solicitations.” Please provide clarification as to the statement “…and reserves the right to consider responses to these solicitations jointly or individually.” To ensure an objective evaluation of each proposal the merit of each should be evaluated independently against the defined evaluation criteria. The City will evaluate each proposal independently against the defined evaluation criteria. QUESTION: In the event the same bidder is awarded a contract for both the hangar and the Airport Tower Operations, will separate contracts be executed for each or will only one contract be executed? That will depend on what is negotiated between the City and the Contractor. 6. Page 13, Section II, titled DESCRIPTION OF SERVICES, PERFORMANCE OF WORK, AND PAYMENT, item B. This section states “___________________ will operate the ATCT at the Airport in compliance with Federal Aviation Regulations Part 65, FAA Order 7210.3 entitled “Facility Operations and Administration, FAA Order 7110.65 entitled “Air Traffic Control” and all amendments thereto and other applicable rules and regulations, …”, however, FAA Order 7210.3 is only applicable to federal contract towers. Given the ATCT is not currently, nor will it be, a federally contracted tower, FAA Order 7210.3 should not be applicable. The BAZ ATCT is, and was designed from the start to be, fully compliant with the FAA requirements to be a contract tower. As that is a possibility in the future, we wish the facility to be operated in compliance with FAA Order 7210.3 so that any future transition to FAA contract tower status shall be a smooth occurrence. 7. Page 13, Section II, titled DESCRIPTION OF SERVICES, PERFORMANCE OF WORK, AND PAYMENT, item E. Please further clarify the requirement for maintenance of the parking lot. This gives you a choice to fill in the blank. The final contract will be negotiated between the City and the Contractor. 8. Page 16, Section XI, titled TERMINATION, item B. Currently this item states the City can terminate the contract without cause provided the City provides a minimum of 60 days notice prior to the termination date. However, the City must be notified a minimum of 180 days prior to termination by the contractor. Please explain why the requirement for termination notice is not the same for both parties given both parties have a vested financial interest in the contract. This can be changed during negotiations. The final contract will be negotiated between the City and the Contractor. 9. Does the irrevocable letter of credit of $200,000 need to be included as part of our proposal, or just obtained upon award notification? It would need to be produced at time of execution of the contract. 10. Are initial issue and replacement of ATC headsets provided by the CITY, or is that a vendor requirement to provide? 4 original head sets were provided as required equipment, most controllers provided their own or new earpieces, and all students had to provide their own headsets. 11. Is the vendor responsible for all maintenance to the CITY-owned equipment, including the preventive and routine maintenance of the ATC equipment in the control tower (i.e. radios, communications systems, recording systems, telephone lines, etc.). Is it possible for the CITY to provide vendor’s with a list of equipment that we are required to maintain? The contractor will be responsible for preventive and routine maintenance of the ATC equipment in the control tower. A list of equipment to be maintained by the contractor will be provided. 12. Can you provide historical data on the cost of utilities for the control tower? Do control tower utilities include recurring costs on landlines, or does it only include electric, sewer/garbage, gas, etc.? Please identify what utility costs the vendor is required to pay. Electric and water averages about $600/month, phone and fax lines $115, Shoutline $584. All utilities are the responsibility of the tower operator. 13. Does the CITY have any specific dual staffing requirements during the hours of 0700 to 1900L, or is it the vendor’s option to propose a staffing level that provides for safe and effective services? All training of new controllers must be done one-on-one per position until the trainee checks out on that position. If more than one student is training a tower supervisor must also be present to observe the instructors and the trainees. 14. Given the possibility of a runway extension, an ILS, and another FBO….would there be an opportunity to increase staffing at a later date if traffic levels increased beyond our proposed staffing? Staffing increases would be the responsibility of the contractor. 15. Is computer support provided by the CITY, including Internet charges? The City at this time does not anticipate providing computer support for the Tower Operations. The City will not pay for internet charges. 16. Can the "Enterprise Owner Information Form" and "Conflict if Interest Questionnaire" be submitted as part of the Offeror proposal submission or must they be filed separately? The Enterprise Owner Information Form and Conflict of Interest Questionnaire should be submitted as part of the proposal. 17. It appears the length of the contract is to be negotiated with the award winner. For pricing, do you only want us to submit a base yearly price? The pricing should be on a base yearly price. 18. Has the city conducted a Phase One, Environmental Health & Safety assessment on the properties and, if so, will copies be provided to bidders at the conference? The City has not conducted a Phase One, Environmental assessment. 19. Would the winning bidder have authority to sublease any portion of the hangar facility? The awarded contractor may sublease a portion of the hangar facility with written approval of the City. 20. Can you provide copies of “As Built” drawings to the bidders at the conference? A Set of “As Built” drawings will be available for review at the conference. If a contractor needs a copy, they may be copied at their own expense. 21. What was the tower traffic for July 2008? The Tower traffic was 4,377. It has be running around 4,300 per month. See attached spreadsheet for details. 22. When was the Hangar built? The Hangar was built approximately 1990. 23. Is there a landline or telephone in the approach control? There are landlines as well as two shout lines. One to the RSU’s at Sequin Aux Field and one to SAT TRACON. 24. For the laptops in the tower who will be performing maintenance? These will become the contractor responsibility. Presently the Airport Manager has been doing the upkeep on these laptops. 25. Who provides the current tower controllers? The City has contracted out with 4 controllers at $25.00 per hour. This is contract labor and no fringe benefits are being paid. 26. Can the terminology be expanded to extend hours of the control tower? The tower hours are presently 7:00 a.m. to 7:00 p.m. The contract can be negotiated for expanded hours. 27. Is the City paying Department of Labor wage rates at this time? The City is paying market rates for the controllers at $25.00 per hour. 28. Is the interference between ground control and ATIS still happening? The company working on certification of the system has installed software upgrades and antenna frequency filters that have taken care of this problem. 29. Who is the manager of the Tower? Clint Tidwell is manager of the tower. 30. What would constitute a breach of contract? Can there be specific language in the contract detailing this? With regard to the proposed lease for Hangar # 2317, Article 13 sets out events of default and remedies. This Section is the one which deals with breach of the contract. The proposed air traffic control service contract could include a section on events of default and remedies. Generally, with regard to both contracts, Lessee’s or contractor’s failure to perform in accordance with the requirements of the contractual document results in a breach of the contract. 31. Could a satisfactory performance review (6 month – 1 year) release the $200,000 letter of credit? Release of the letter of credit after satisfactory performance for some period of time under the lease or contract could result in the release of the letter of credit. This is a policy decision and an issue that can be discussed with the successful respondent. The purpose of the letter of credit is to guarantee performance by the lessee or contractor and to cover the City’s damages in the event that there is a default by the contractor. 32. What would be the minimum amount for performance for the contract? If this question pertains to the amount of the letter of credit, the RFP states the amount the City desires to guarantee performance. The amount stated in the RFP can be a subject of discussion with the successful respondent during the negotiation process, but the City believes that the amount stated is fair and reasonable. 33. What are the approximate utility costs for the Hangar? The approximate utility costs for the hangar are $1,100 - $1,400 per month. 34. When was the hanger property released (date and order number)? The hangar was returned to the control of the City pursuant to the bankruptcy rules. Under those rules, the Trustee handling the bankruptcy estate has a period of time to affirm or reaffirm any contractual obligations made by the bankrupt. If the Trustee has not affirmed or reaffirmed the contractual obligation within the stated time period, then the contract is deemed rejected and terminated at the end of the time period. That time period expired on or about June 6, 2008. The Trustee of the Silver State Helicopters bankruptcy did not affirm or reaffirm the lease for Hangar #2317 or the air traffic control service agreement within the time required so those agreements have been terminated at Hangar #2317 and the air traffic control tower have been returned to the City. There is not a specific order releasing the hangar property to the City. 35. Can the hangar be used for aircraft maintenance? The hangar was constructed to comply with fire codes required for it to be used for aircraft storage facility, not maintenance. There is no fire sprinkler system in the hanger, however if a contractor wanted to install one, waterline hookups are close by. 36. For insurance purposes can the City provide the following information: 1. 2. 3. 4. 5. Total annual traffic count for the previous 12 months. Average total monthly traffic count. Average total daily traffic count. Average monthly traffic count by aircraft operational category. Average daily traffic count by aircraft operational category. The aircraft operational category refers to the following: IFR Scheduled Air Carrier Air Taxi VFR Military General Aviation Specific emphasis was placed on the percentage of military aircraft using the New Braunfels Airport Traffic Area. The information on the above request is provided in graphs that are attached to this document. They are BAZ Traffic Count, Forecast Annual Operations, Monthly Traffic Count by Year and the accompanying data. Copies of Airport Traffic Records, FAA form 7230-1, can be provided to the awarded contractor. ATTENDANCE SHEET PRE-PROPOSAL CONFERENCE RFP 08-023, CONTRACT FOR OPERATING AIRPORT TOWER RFP 08-038, LEASE FOR HANGAR #2317 August 18, 2008 Name Chris Toale Ruben Gonzalez Robert James Jesse Perez Jeff Tyrcha Jim Wimberly Steve Schunk Stephen Alexander Company DSI RVA Phone 602-995-3700 210-648-3331 Email Christoper.toale@exodyne.com rgonzalez@netXpress.com L-3 817-619-4918 Robert.E.James@l-3com.com Veracity Aviation L-3 TX. Aviation Partners Co-Plane 210-325-6757 Jesseperez@veracityaviation.com 817-522-2653 512-732-2273 Jeffrey.Tyrcha@l-3com.com Jwimbe2436@aol.com 888-804-1010 SS@co-plane.com TX Aviation Partners 512-617-4958 salexander@texasaviationpartners.com