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1 NEW REQUESTS FOR PROPOSALS TO DEVELOP AND OVERSEE BAGGAGE CART RENTAL CONCESSION at CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT for the CITY OF CHARLOTTE, NORTH CAROLINA Dated December 11, 2014 SCHEDULE ACTIVITY (All times are EST) DATE Issue RFP December 19, 2014 Deadline for Submission of Written Questions by 12:00 p.m. December 30, 2014 Proposals are Due by 12:00 p.m. January 15, 2015 Evaluation of Proposals Week of January 19 th , 2015 City Council Date February 9, 2015 Estimated Start Date March 2, 2015 Pursuant to this Request for Proposals (RFP), Charlotte Douglas International Airport (CLTor Airport”), which is owned and operated by the City of Charlotte, North Carolina, is seeking proposals from qualified and experienced companies interested in developing and overseeing CLTs baggage cart rental concession. Proposers are required to submit five (5) hardcopy proposals (unbound, three-hole punched) and one (1) electronic copy (on a flash drive) by no later than JANUARY 15, 2015 BY 12:00 p.m., according to CLTs clock (Proposal Due Date”). Proposals must be submitted in one of the following two (2) ways: 1. Proposers may mail their submissions by UPS to Charlotte Douglas International Airport; Attn: Lorraine Harrison, RFP Project Manager, 5601 Wilkinson Blvd. Charlotte, NC 28208. 2. Proposers may hand deliver their submissions between 11:00 a.m. and 12 Noon, by CLTs clock, on January 15, 2015, to Lorraine Harrison at CLT Center, located at 5601 Wilkinson Blvd. Charlotte, NC 28208.

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1

NEW REQUESTS FOR PROPOSALS

TO DEVELOP AND OVERSEE BAGGAGE CART RENTAL CONCESSION

at

CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT

for the

CITY OF CHARLOTTE, NORTH CAROLINA

Dated December 11, 2014

SCHEDULE

ACTIVITY (All times are EST) DATE

Issue RFP December 19, 2014

Deadline for Submission of Written Questions by 12:00 p.m. December 30, 2014

Proposals are Due by 12:00 p.m. January 15, 2015

Evaluation of Proposals Week of January 19th

, 2015

City Council Date February 9, 2015

Estimated Start Date March 2, 2015

Pursuant to this Request for Proposals (“RFP”), Charlotte Douglas International Airport (“CLT” or “Airport”), which

is owned and operated by the City of Charlotte, North Carolina, is seeking proposals from qualified and experienced

companies interested in developing and overseeing CLT’s baggage cart rental concession.

Proposers are required to submit five (5) hardcopy proposals (unbound, three-hole punched) and one (1) electronic

copy (on a flash drive) by no later than JANUARY 15, 2015 BY 12:00 p.m., according to CLT’s clock (“Proposal

Due Date”). Proposals must be submitted in one of the following two (2) ways:

1. Proposers may mail their submissions by UPS to Charlotte Douglas International Airport;

Attn: Lorraine Harrison, RFP Project Manager, 5601 Wilkinson Blvd. Charlotte, NC 28208.

2. Proposers may hand deliver their submissions between 11:00 a.m. and 12 Noon, by CLT’s clock, on January 15,

2015, to Lorraine Harrison at CLT Center, located at 5601 Wilkinson Blvd. Charlotte, NC 28208.

2

This RFP includes the information, requirement and forms necessary for a complete and responsive proposal. Prior to

the proposal due date, any questions concerning the RFP may be submitted in writing to Lorraine Harrison. Answers

to all written questions will be provided by written addendum. All addenda will be posted on CLT’s

website, http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/AdsForBids.aspx , and it will be the

responsibility of the proposer to frequently check for such additions. In case any proposer fails to acknowledge

opening of any such addenda in the space provided in Attachment B, its proposal will nevertheless be construed as

though the addenda had been received and acknowledged, and submission of a proposal shall constitute

acknowledgement of the opening of the same. Proposers may not rely upon and the Aviation Director, or his

designee, will not make any oral representations regarding this RFP.

3

Table of Contents

BACKGROUND ............................................................................................................................................ 5

CLT Overview & Statistics ........................................................................................................................ 5

SCOPE OF SERVICES .................................................................................................................................. 5

Operations: General .................................................................................................................................... 7

ELIGIBILITY AND DISQUALIFICATION OF PROPOSERS.................................................................... 8

Initial Eligibility of Proposers ..................................................................................................................... 8

Acknowledgement of Proposer ................................................................................................................... 8

Disqualification of Proposal........................................................................................................................ 9

PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS ................................................................ 9

Format ......................................................................................................................................................... 9

Submission Requirements ........................................................................................................................... 9

SELECTION CRITERIA.............................................................................................................................. 10

AWARD OF CONTRACT ........................................................................................................................... 10

MISCELLANEOUS ..................................................................................................................................... 11

Interpretation of the RFP........................................................................................................................... 11

Consent to Investigate ............................................................................................................................... 11

City’s Right to Cancel, Reject, Modify or Reissue RFP ........................................................................... 11

Attempts to Influence Selection Process ................................................................................................... 11

Proposer’s Cost of Proposal Preparation................................................................................................... 11

Ownership and Public Records ................................................................................................................. 11

Representation by Brokers ........................................................................................................................ 12

Disclaimer ................................................................................................................................................. 12

ATTACHMENTS ......................................................................................................................................... 12

Attachment A ............................................................................................................................................ 12

Cover Letter .......................................................................................................................................... 12

Attachment B ............................................................................................................................................ 14

Acknowledgement of Addenda ............................................................................................................. 14

Attachment C ............................................................................................................................................ 15

Company Information Statement .......................................................................................................... 15

Attachment D ............................................................................................................................................ 16

4

ADBCE Form 3..................................................................................................................................... 17

ACDBE Form 4..................................................................................................................................... 18

ACDBE Form 6..................................................................................................................................... 19

Attachment E............................................................................................................................................. 20

Form Concession Agreement ................................................................................................................ 20

Attachment F............................................................................................................................................. 21

Non-Discrimination Certification ......................................................................................................... 21

Attachment G ............................................................................................................................................ 22

Facility Drawings .................................................................................................................................. 22

5

BACKGROUND CLT Overview & Statistics

CLT is owned and operated by the City and is one of the fastest growing airports in the Country. CLT

served more than 43 million passengers in Calendar Year (CY) 2013, and currently ranks as the 8th

busiest airport in North America, based on passenger traffic, and sixth in aircraft movements. CLT is

served by six major air carriers, 14 regional air carriers and three foreign flag air carriers that together

provide more than 700 daily departures from CLT to 147 nonstop destinations, including 37

international destinations. CLT is also American Airlines’ second largest hub.

CLT is currently comprised of one passenger terminal with five concourses (A, B, C, D and E) totaling

more than 1.8 million square feet. Approximately 75 percent of the Airport’s passengers are transfer

traffic with an average dwell time of 135 minutes. Median household income of CLT’s frequent traveler

is $129,600.

CLT’s role in the transportation system is to provide an infrastructure platform upon which the private

sector—airlines, rent-a-car companies, concessionaires, and others—operate their businesses. Those

businesses provide over 20,000 jobs and produces more than $12 billion in annual economic impact.

CLT, which operates as an Enterprise Fund, is financially self-sufficient and does not rely on general

taxpayer support.

CLT’s mission is to be the preferred airport and airline hub by providing the highest quality product

for the lowest possible cost. CLT continuously achieves its mission through a cost-effective business

model, resulting in one of the lowest cost per enplaned passenger of $0.77. The median large hub

airline cost per enplaned passenger is $9.97. In 2010, Charlotte Douglas International Airport was

awarded the prestigious Eagle Award from the International Air Transport Association (IATA) for

“Best Airport”. This accolade is accepted in the aviation industry as the most distinguished of awards

by recognizing productivity, transparency and best value for money performance by airports.

Currently underway is a five-year, $1 billion Capital Improvement Program to include various

expansion projects to accommodate current and future passenger growth.

These include a new Entrance Road, Hourly Parking & Rental Car Deck, Onsite Intermodal

Facility, Fourth Parallel Runway, Concourse Expansion, International Terminal, additional Valet

Deck and Terminal Roadway & Lobby Expansion.

SCOPE OF SERVICES

1. The selected proposer must be able to provide no less than 400 baggage carts in the Federal

Inspection Service (FIS) area while in operation. And the selected proposer must also provide

ample carts to the remainder of the terminal complex and parking deck, such minimum

number to be proposed by selected proposer.

2. The selected proposer must be able to retrieve carts and restock vending units on a daily basis

– including nights, weekends, and holidays.

3. The selected proposer must inspect carts and vending units daily to ensure operational

functionality and cleanliness.

4. The selected proposer’s currency change machines must have the ability to accept at least

6

three major credit cards; and have the ability to accept one dollar ($1.00) and five dollar

($5.00) bills (PCI compliant units).

5. The selected proposer should propose a reasonable rate for use of the baggage cart, consistent

with the prevailing market conditions.

6. The selected proposer must provide all necessary equipment for cart movement, repair, and

cleaning (see Performance Standards below).

7. Must be able to relocate/install equipment where needed, as determined by the Airport. The

Airport is continuously expanding; therefore there may be opportunity for more units.

Currently, the newest expansion is the parking deck that opened November 2014.

8. The selected proposer must maintain an adequate number of battery-powered dispensing

devices, and sufficient number of reserve batteries, to provide continuous service in the event

of temporary relocations due to Airport construction.

9. The selected proposer must comply with all airport security rules and regulations as issued

from time to time by the TSA, FAA, City, or other Governmental agencies.

10. The selected proposer shall ensure that the devices are maintained throughout the Agreement

in new or like new condition. Equipment must be durable and aesthetically pleasing. The

units must be able to stand up to extreme temperatures and occasional damages by airport

patrons. More specifically, carts should conform to the following standards: (a) be “push”

design, (b) have wheels made of non-marring material, and (c) have bumpers to protect walls,

doors, counters, display fixtures, etc. from damage caused by cart impact.

11. The selected proposer must provide an on-site manager for oversight of the concession and

staff.

12. The selected proposer must provide 24/7/365 support service options (including a 24 hour toll

free customer service number). The selected proposer must be available, by phone and/or in

person, to answer passenger inquiries, and that requests for assistance with the devices are

responded to immediately (and not later than 30 minutes from the time of the call for

assistance) throughout the hours of Airport operations.

13. The selected proposer must ensure that requests for assistance with the carts are responded to

immediately (not later than 30 minutes from the time of the call for assistance) throughout the

hours of airport operations.

14. The selected proposer’s management staff must have the ability to obtain a CLT SIDA badge

with a Customs Seal. All other staff must have the ability to obtain a Charlotte SIDA badge.

15. The City shall be entitled to place advertisements on the baggage carts with advertising

panels. All installation and removal of advertisements are the responsibility of the City,

following the Company’s approved procedures. All revenue resulting from such advertising

sales belong to the City.

16. The selected proposer must report sales and revenue from cart rentals (see Performance

Standards).

Performance Standards

1. Installation, Maintenance & Repair: All installation, maintenance and repair will be the

responsibility of and at the sole expense of the selected proposer.

2. Reporting: Each month the selected proposer must provide to CLT a report outlining all sales

and revenue from cart rentals.

3. Storage and Office Space. Upon request and where available CLT will provide storage or office

space to the selected proposer. However, space at the airport is at a premium and in order to best

be able to support such request, any need of storage space or office space, including the

approximate square feet needed, must be included as part of the proposal.

7

Compensation to the City

1. Concession Revenue per Cart Usage: Proposers must provide a monetary amount per cart usage

(PCU), charged to the customer, in which they anticipate attaining at CLT.

2. Percent of Gross Revenues: Proposer must also propose the percentage of gross

revenues to be paid to CLT. “Gross Revenues” is defined as all income collected under the rights

granted in the Concession Agreement without deductions for taxes, fees or licenses.

Capital Investment and Premises

The baggage cart concession premises will be available to the selected proposer in an “as is” and

“where is” condition. Any necessary changes or additions must be financed by the selected proposer;

however, at the end of the contract term any changes or additions will be property of the City. As

part of the proposal, a list of suggested capital improvements including the estimated cost to the

proposer and the expected amount of increase in revenue due to the improvement must be included.

Prior to any changes or additions, CLT’s approval must be received and the addition of space may

result in the loss of another location. Facility drawings showing locations of current baggage cart

installations are attached hereto as Attachment G.

Operations: General Contract Term

The term of the Concession Agreement will be five years with two options for one year extensions

and will only be effective after approval by the City Council. Proposer will be required to sign a

contract between the City and itself.

Management

Proposers must provide a local manager to oversee and support the baggage cart concession

program at CLT. This individual, or his/her designee, must be accessible by phone 24/7/365 days a

year and must be available to oversee the staff. This individual will be the primary point of contact

for CLT and will be responsible for ensuring that all activities of the Concession meet airport

approval.

Airport Concession Disadvantaged Business Enterprise (“ACDBE”) Program

Proposer will be obligated under the Concession Agreement to participate in CLT's ACDBE Program,

which provides opportunity for direct ACDBE participation in the operation of the CLT’s Concessions.

The ACDBE participation goal for this agreement is zero percent (0%).

As part of the ACDBE Program, proposer is required to submit ACDBE form 3 with its Proposal.

ACDBE instructions and form copies of ACDBE Forms 3, 4, and 6 are attached hereto as Attachment

D.

Form Concession Agreement

A form Concession Agreement is attached hereto as Attachment E. The form Concession Agreement

is provided in draft format and is subject to change as deemed necessary by Airport.

Sustainable Design

Airports compete in a growing world with diminishing natural resources. To gain a competitive edge,

they need to adapt to do more with less. Sustainability is based on a simple principle: Everything that

we need for our survival and well-being depends, either directly or indirectly, on our natural

environment. Sustainability interfaces with economics through the voluntary trade consequences of

8

economic activity.

CLT has chosen to embrace and incorporate sustainability into its daily operations, moving the

Airport towards a sustainable future. CLT’s sustainability program encompasses a wide array of

accepted sustainable design standards and principles from local, regional, and international levels.

Its initiatives show and provide a balance between society and the environment, and contribute to

the local economy.

A proposal should include a sustainability plan for the Concession. This could include such things as

the use of energy saving lights, energy star certified equipment or

paper products containing recycled material. Further, the solicitation of baggage cart concession

promoting green minded companies and any other sustainability based ideas are encouraged to be

included in the proposal.

Taxes, Licenses and Permit Fees

The selected proposer will be responsible for any applicable taxes, licenses, permit fees or other

applicable costs associated with the Concession that may be levied by the City, County, State,

Federal or other agencies.

ELIGIBILITY AND DISQUALIFICATION OF PROPOSERS

Initial Eligibility of Proposers Experience

Proposers for must be able to demonstrate at least five (5) years of experience specific to on property

airport baggage cart rental. Only those companies that, during the past five years, contracted for

baggage cart rental services with at least one airport that during the course of the contract was a top 15

airport as defined by total number of passengers, are eligible. The services contracted for must be on

property for the scope of services. If a company was formed within the last five years, then the

controlling interest of ownership or management must meet these requirements.

Financial Capacity

Proposer is expected to have the financial ability to move forward with the Concession, however,

proposer’s financials will not be a required part of the RFP. Upon inspection of the proposals, CLT

reserves the right to request any and all financial material it deems relevant in assessing the validity

of the proposal.

Outstanding Claims and Litigation

Proposers are not eligible if at the time of submission the proposer, or any individual or entity of

proposer, is in default, has any past due amounts or arrearages or is in breach of contract with any

previous or existing contract with the City. Further, the City also has the right to disqualify any

proposer who includes in its proposal a subcontractor with whom the City has any existing or pending

litigation if the City deems that such litigation may adversely affect the ability for the parties to

effectively work together.

Acknowledgement of Proposer Proposers shall thoroughly examine and become familiar with this RFP, including attachments, and

any addendum that may be issued. The failure or the neglect of a proposer to receive or examine any

9

RFP document shall in no way relieve it from any obligation with respect to its proposal or the

obligations that flow from making a successful proposal. No claim based upon a lack of knowledge or

understanding of any document or its contents shall be allowed.

Disqualification of Proposal Without in any way limiting the Airport’s right to reject any or all proposals, proposers are advised

that any of the following may be considered as sufficient cause for the disqualification of a proposer

and the rejection of a proposal: (i) failure to meet initial eligibility requirements; (ii) submission of

more than one proposal by an individual, firm, partnership or corporation under the same or different

names, including the names it does business under; (iii) evidence of collusion among proposers; (iv)

improper communication as described in Section VII D, below.

Proposals will be considered irregular and may be rejected for omission, alterations of form, additions

not called for, conditions, limitation, unauthorized alternate proposals or other irregularities of any

kind. All of the foregoing notwithstanding, however,

CLT reserves the right to waive any such irregularities.

PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS

Format The format of the RFP is up to the proposer, except for the forms that are listed below as

Attachments A, B, C, D, and F. However, the proposer must, at the least, include the following:

1. Cover Letter – Attachment A

2. Addendum Acknowledgement – Attachment B

3. Company Information Statement – Attachment C

4. Operating Plan

5. Background and Experience

6. ACDBE Form 3 – Attachment D

7. Non-Discrimination Form – Attachment F

8. Professional References

9. Other information proposer deems relevant

10. Exceptions requested by proposer to any of the RFP requirements

Submission Requirements Submission Instructions

Responders must provide five (5) hardcopies and an electronic copy of their proposal no later than

JANUARY 15, 2015 by 12:00 PM in the manner described on page 1 of the RFP.

Amendment of Proposal

Amendment of a submitted proposal may occur at any time prior to the submission deadline by

written request. Amendments will only be accepted through the submission of completely new

materials that meet the requirements set forth in the Submission Instructions section above.

10

Withdrawal of Proposal

Withdrawal of the proposal may occur at any time prior to the submission deadline by written request.

Withdrawal of one proposal will not preclude the submission of another timely proposal but no

withdrawal will be allowed after the submission deadline.

SELECTION CRITERIA

Category & Description

Compensation to the City

CLT will consider both the amount of compensation the proposer estimates CLT

will receive as well as the proposed capital investment (where applicable).

Background and Experience

CLT hopes to work with an experienced and qualified company. All proposers must meet the

minimum qualifications described above. Preference will be awarded based on the extent of the

proposers experience and ability to meet the other qualifications.

Operations Plan

The effectiveness and efficiency of the Concession will be evaluated based on the Operations

Plan. Preference will be awarded based on how the proposal covers the areas of focus,

outlined in the Operations section.

ACDBE Compliance

CLT strives to always meet its ACDBE goals. Preference will be awarded based on CLT’s

assessment of the proposal’s ability to meet their ACDBE goal as provided in the proposal.

Strength of Professional References

Compliance with the Requirements of the RFP

AWARD OF CONTRACT

Upon review and evaluation of all qualifying proposals, including any interviews that the Airport may

elect to require, the selection committee will select the proposer(s) and proposal(s) that it determines,

in its absolute discretion, would best provide the Concession. The Procurement Department will

inform the selected proposer(s) that it has been selected, subject to final agreement on all terms and

conditions of the Concession Agreement. Upon Proposer’s execution of such Concession Agreement,

the Aviation Director shall submit it to City Council for approval. If the Aviation Director and the

selected proposer(s) are unable to agree on the final terms, the selected proposer(s) will be excused

from further consideration and CLT may, at their option, select another proposer(s). Until the

Agreement and all supporting ancillary documents have been approved by the City Council and

executed by the Aviation Director, the City shall have no obligations hereunder.

11

MISCELLANEOUS

Interpretation of the RFP All questions concerning interpretation of the RFP documents must be made in writing to Lorraine

Harrison at [email protected] no later than 12:00 p.m. on December 30, 2014.

Interpretations and answers to general questions will only be made by written addenda. The City

shall not be responsible for any other explanation or interpretation.

Consent to Investigate The selection of the proposer will be based on a thorough investigation into the areas of interest

expressed in the RFP. As part of that, the City may request the proposers to provide such things as,

but not limited to, financial records, information on managing partners or participation in an interview

process. By submitting a proposal, each proposer consents to any investigation the City deems

necessary.

City’s Right to Cancel, Reject, Modify or Reissue RFP The City, in its sole discretion, reserves the right to modify, cancel, reissue or take

any other action it deems necessary in the issuance of this RFP. Further, the City also reserves the

right to reject any or all proposals submitted. Prior to the execution of

the Concession Agreement, no action taken by the City may be inferred or construed to give rise to

any obligation by the City.

Attempts to Influence Selection Process Except for clarifying written questions sent to the Airport, all proposers, including any and all

persons acting on their behalf, are strictly prohibited from contacting elected or appointed City

officials, officers, employees, or Airport Advisory Committee Members on or regarding any matter

relating to this RFP from the time

the RFP is issued until the start of the open business meeting at which City Council is asked to approve

the Concession Agreement.

Proposer’s Cost of Proposal Preparation Proposers are responsible for any and all costs associated with the proposal process including, but not

limited to, the creation of the proposal and any interviews (if applicable). The City will not accept

any promotional items as part of the proposal process and any such items included will be returned to

the proposer at its own cost.

Ownership and Public Records All proposals and supplementary material provided as part of this process will become the property of

the City. Proposers are advised that all information included in the material provided may become

available to the public under North Carolina’s Public Records Law.

12

Representation by Brokers

The City will not be responsible for any fees, expenses or commissions for brokers or their agents.

Communications by or between employees of or contractors to the City and any potential or actual

respondent broker or agent are not to be construed as an agreement to pay, nor will the City pay any

such fees, expenses or commissions. By submitting its proposal, respondent agrees to hold the City

harmless from any claims, demands, actions or judgments in connection with such broker fees,

expenses or commissions.

Disclaimer The information contained in this RFP and attachments, hereto, and any addendum that may be issued,

are provided to assist prospective proposers in the preparation of proposals. The information has been

obtained from sources thought to be reliable, but the City and its elected officials, officers, employees,

agents and contractors, are not liable for the accuracy of the information or its use by prospective

respondents.

13

ATTACHMENTS Attachment A

Cover Letter

PROPOSAL

to

DEVELOP AND OVERSEE BAGGAGE CART RENTAL CONCESSION

at

CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT

Proposer Name:

Compensation

Per Cart Usage $

Percentage of Gross Revenues %

Proposed Capital Investment $

Acknowledgment

The following proposal is hereby submitted by the entity signed below in accordance with all terms and conditions

as set forth in the Request for Proposals issued by the City of Charlotte for the right and obligation to develop and

oversee the Baggage Cart Rental Concession at Charlotte Douglas International Airport.

Name of Proposer:

By (Signature):

By (Name):

By (Title):_

Phone: ( ) -

Mailing Address:

Email Address:

14

Attachment B

Acknowledgement of Addenda

Proposer hereby acknowledges receipt of all Addenda through and including:

Addendum No. , dated .

Addendum No. , dated .

Addendum No. , dated .

Addendum No. , dated .

Addendum No. , dated .

Addendum No. , dated .

Addendum No. , dated .

However, submission of this proposal acts as acknowledgement of all addenda regardless on if such is specifically

noted above.

Proposer:

Authorized Signature:

Print Name:

Attachment C

Company Information Statement

Name of Firm:

Principle Office Address:

Telephone Number: ( ) -

Form of Business Entity (check one):

( ) Corporation ( ) Partnership ( ) Individual ( ) Joint Venture

Date of Formation:

Principal Location:

Is the proposer authorized to do business in North Carolina: ( ) Yes ( ) No

If so, as of what date:

Furnish the name, title, and address of each director, partner or principal of the proposer:

Name Title Address

1.

2.

3.

4.

5.

15

16

Document Document Description Submission Requirements

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Attachment D

ACDBE INSTRUCTIONS AND FORMS

ACDBE Form 3 Utilization Commitment

Identifies all subcontractors,

suppliers, manufacturers, brokers

and/or members of a joint venture to

be utilized on the contract.

With Proposal Package

ACDBE Form 4

Letter of Intent

Proposers must submit a separate

Letter of Intent executed by each

ACDBE firm listed on ACDBE Form

3 that the Proposer will use on the

Contract.

The City will request this form from

finalist for contract award. Must

submit within three (3) business days

after requested by the City.

Copy of subcontract Agreements

Copy of signed contract for each

subcontractor the Contractor uses in

this contract. Highlight text that

mentions the non-discrimination,

retainage, and prompt payment

assurances.

Before the said subcontractor starts

doing work for this contract.

ACDBE Form 6 Payment Affidavit

Contractor shall provide a payment or

revenue report showing payments

made to all subcontractors, suppliers,

manufacturers, brokers, and members

of a joint venture in connection with

the Contract (ACDBEs and non

ACDBEs).

Upon award of Contract, submitted

on a monthly base with the pay

request to the City, for duration of the

project. List ALL subcontractors

(ACDBEs and non-ACDBEs).

17

ADBCE Form 3

ACDBE Form 3 - Subcontractor / Supplier Utilization Commitment

Submit this form with Proposal package Copy this Form 3 as needed, to document additional Subcontracting commitments. Indicate page # range: Page

of

Proposer Name:

Proposer Address:

Project Name:

Project Number:

Established ACBE Goal: To Be

Negotiated

1. List below all ACDBEs that you have identified so far, as intending to use on this contract

ACDBE Vendor Name &

Address

Description of work / materials NAICS Code Reporting

Number

Total Projected

Utilization ($)

2. List below all Non-ACDBEs that you intend to use on this contract

Vendor Name & Address Description of work / materials NAICS Code Reporting

Number

Total Projected

Utilization ($)

A. Total Subcontractor/Supplier Utilization (ACDBEs and Non-

ACDBEs): $

B. Total Subcontractor/Supplier ACDBE Utilization: $

C. Percent ACDBE Util.

(B÷A): %

Must be rounded to two (2) decimal places

Signature:

Your signature below indicated that the undersigned Company certifies and agrees that:

a) It is willing to comply with the City’s ACDBE Program and negotiate ACDBE participation in good faith.

Signature of Authorized Official Printed Name Title Submitted Date

18

ACDBE Form 4

ACDBE Form 4 - Letter of Intent

Letter of Intent must be executed by both the ACDBE subcontractor and the Bidder/Proposer

Contract Name:

Contract Nº:

To be completed by the Bidder

Name of Bidder:

Address:

Contact Person:

Telephone:

Email:

Fax:

Identify the scope of work to be performed or item(s) to be supplied by the ACDBE:

Reporting #: NAICS Code #:

Cost of work to be performed by ACDBE: $

To be completed by ACDBE

Name of ACDBE:

Address:

Owner’s Ethnicity/

Gender:

Contact Person:

Telephone:

Black American Hispanic American Nativ e American Subcont. Asian American

Asian-Pacific American Non-Minority Women Other

Email:

Fax:

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the

performance of this contract. The contractor shall carry out applicable requirements of 46 CFR part 23 in the award and

administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this

contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

Upon execution of a Contract with the City for the above referenced project, the Bidder certifies that it intends to utilize the

ACDBE listed above, and that the description, cost and percentage of work to be performed by the ACDBE as described above

is accurate. The ACDBE Firm certifies that it has agreed to provide such work/supplies for the amount stated above.

Bidder/Proposer Signature and Title: Date:

ACDBE Firm Signature and Title: Date:

19

ACDBE Form 6

ACDBE Form 6: Payment Affidavit - Subcontractor / Supplier Utilization

To be submitted with each request for payment from the City of Charlotte. Copy this

form as needed.

v.9.10.14

Project Name:

Contractor Name: Payment Request #

Contract Number: Invoice Amount: $

Payment Period: From To

FINAL PAYMENT Check this box only when submitting Final Pay request.

Section 1: Payments to SUBCONTRACTORS

Complete the chart below for ALL subcontractors used on the Project/Contract regardless of dollar amount. Report

payments that have already been made to subcontractors.

Subcontractor’s Name

Description of Work Performed NAICS

Code

Payment

this Period

Cumulative

Payments

The undersigned Company certifies the preceding chart is a true and accurate statement of all payments that have been made to

subcontractors and suppliers on this Project/Contract. If no subcontractors or suppliers are listed on the preceding chart, the

Company certifies that no subcontractors or suppliers were used in performing the Project/Contract for the payment period

indicated.

This day of 20

Signature Print Name and Title

To be completed by KBU for FINAL PAYMENT

Total Paid to

Contractor: $

Total Paid to ACDBEs: $

ACDBE Goal: %

ACDBE Goal

Commitment: %

ACDBE Goal

Attainment: %

20

Attachment E

Form Concession Agreement

*To be provided by Addendum.

21

Attachment F

Non-Discrimination Certification

Project:

Proposer:

All requests for bids or proposals issued for City contracts shall include a certification to be completed by the

Proposer in substantially the following form:

The undersigned Proposer hereby certifies and agrees that the following information is correct:

1. In preparing the enclosed proposal, the Proposer has considered all proposals submitted from qualified,

potential subconsultants and suppliers and has not engaged in discrimination as defined in Section 2.

2. For purposes of this certification discrimination means discrimination in the solicitation, selection, or

treatment of any subconsultant, vendor, supplier or commercial customer on the basis of race, ethnicity,

gender, age, religion, national origin, disability or any other unlawful form of discrimination. Without

limiting the foregoing, discrimination also includes retaliating against any person or other entity for

reporting any incident of prohibited discrimination.

3. Without limiting any other remedies that the City may have for a false certification, it is understood and

agreed that, if this certification is false, such false certification will constitute grounds for the City to reject

the proposal submitted with this certification and terminate any contract awarded based on such proposal. It

shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject

the Proposer to any remedies allowed thereunder, including possible disqualification from participating in

City contracts or bid processes for up to two years.

4. As a condition of contracting with the City, the Proposer agrees to promptly provide to the City all

information and documentation that may be requested by the City from time to time regarding the

solicitation and selection of subconsultants in connection with this solicitation process. Failure to maintain

or failure to provide such information shall constitute grounds for the City to reject the proposal submitted

by the Proposer and terminate any contract awarded on such bid. It shall also constitute a violation of the

City’s Commercial Non-Discrimination Ordinance and shall subject the Proposer to any remedies allowed

thereunder.

5. As part of its proposal, the Proposer shall provide to the City a list of all instances within the past ten years

where a complaint was filed or pending against the Proposer in a legal or administrative proceeding alleging

that the Proposer discriminated against its subconsultants, vendors, suppliers, or commercial customers, and

a description of the status or resolution of that complaint, including any remedial action taken.

6. As a condition of submitting a proposal to the City, the Proposer agrees to comply with the City’s

Commercial Non-Discrimination Policy as described in Section 2, Article V of the Charlotte City Code, and

consents to be bound by the award of any arbitration conducted thereunder.

Name of Company:

Signature:

Printed Name:

Title:

Date:

Attachment G Facility Drawings

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