CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT
5601 WILKINSON BOULEVARD
CHARLOTTE, NORTH CAROLINA 28208
(704) 359-4000
Date: 03/31/2015
Subject:
Bid Number: 2015-03-001
Invitation to Bid on the following apparatus, supplies, materials, equipment and/or services for:
FUEL PRODUCTS
This letter extends an invitation for the submission of a bid to supply the Charlotte Douglas
International Airport with apparatus, supplies, materials, equipment and/or services as indicated above.
Sealed bids for the above will be received at the office of the Charlotte Douglas International Airport, CLT
Center, 5601 Wilkinson Boulevard, Charlotte, North Carolina 28208 until 11am on Thursday April 30,
2015 at which time they will be opened and publicly read.
A Pre-Bid conference for the purpose of reviewing the ITB and answering questions regarding the project will be held on Tuesday April 14, 2015 at 10:00am at the Charlotte Douglas International Airport, CLT
Center, 5601 Wilkinson Boulevard, Charlotte, North Carolina 28208. You are encouraged to attend and to bring a copy of the ITB with you at that time.
Instructions for the preparation and submission of the bid are contained in the attached and also available on the Internet. Please read them carefully.
Any changes to the terms, conditions or specifications stated in this Invitation to Bid will be documented in a written addendum, issued by the Charlotte Douglas International Airport. These addenda will be posted on the Airport’s website and the IPS State website.
Airport Website : Click the link below and search for FUEL PRODUCTS . http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/ADsForBids.aspx
.
IPS State Website: Click the link below and search for ITB# 269-2015-03-001. www.ips.state.nc.us
Questions should be directed to Gary Peeples at procurement@cltairport.com
. Thank you in advance for your interest in doing business with the Charlotte Douglas International Airport. We look forward to your participation!
Sincerely,
Gary Peeples
Contracts Admin Specialist
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Date: 03/31/2015
ITB Number: 2015-03-001
Schedule
(a)
DATE
March 31, 2015
(b) April 9, 2015 at
11am
(c) April 14, 2015 at
10:00a.m.
(d) April 17, 2015 by
12:00p.m.
(e) April 30, 2015 by
11:00am
(f) June 8, 2015
(h) June 30, 2015
EVENT
Issuance of Invitation to Bid (“ITB) by Charlotte Douglas
International Airport (“Airport”).
Submission of Written Questions Prior to Pre-Bid Conference.
Pre-Bid Conference.
Submission of Written Questions After the Pre-Bid Conference.
Bid Submission.
Contract Award by Council.
Company begins providing the Work.
1.1 Review and Comply. The ITB consists of the following components:
Section1: General instructions and special conditions that apply to this bid process and procurement.
Section 2: The forms that a Bidder is required to complete and return as its Bid
(called the “Bid Response Forms”)
Section 3: A contract substantially similar to the final contract the successful Bidder will be expected to sign, including Exhibit A , the details for the entire scope of work falling under this ITB (the “Specifications”).
Each reference to this ITB includes all components listed above as well as any addenda provided by the Airport. Please review each section carefully. Bidders will be held accountable for having full knowledge of the contents of this ITB and for performing any due diligence that may be necessary to submit a binding Bid.
1.2 Definitions.
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(A) Airport shall mean Charlotte Douglas International Airport
(B) Bid shall mean the response to this ITB completed on the Bid Response Forms.
(C) Bid Response Forms shall mean the forms attached hereto in Section 2 and submitted as the response to this ITB.
(D) Bidder shall mean an individual or entity submitting a Bid to this ITB.
(E) City shall mean the City of Charlotte.
(F) Company shall mean the successful Bidder.
(G) Contract shall mean the terms and conditions under which the Company shall provide the Work.
(H) ITB shall mean Invitation to Bid.
(I) Procurement Manager shall mean the Airport employee identified in Section 1.7
and who is responsible for the facilitation of this solicitation process.
(J) Project Manager shall mean the Airport or Company employee who is the point of contact under this Contract.
(K) Specifications shall mean the scope and details of the Work that the Company will provide under the Contract.
(L) Work shall mean the actual products and/or services provided in compliance with the
Specifications and under this Contract.
1.3 ITB Not an Offer.
This ITB does not constitute an offer by the Airport. No recommendations or conclusions from this bid process shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law, or statutory law of North Carolina.
1.4 Binding Offer.
Each Bid submitted in response to this ITB constitutes a firm offer that is binding for ninety (90) days from the date of the Bid opening and must comply with all terms, conditions and requirements stated in this ITB, except to the extent the Bidder takes exception to such provisions in the manner required by Section 1.13
.
1.5 Addendum. Any changes to the terms, conditions or requirements of this ITB will be documented in written addendum issued by the Airport. These addenda will be posted as detailed in Section 1.7
. The receipt of each addendum must be acknowledged using the space provided on Form 2 in Section 2 . The Airport will not consider any Bid that fails to acknowledge receipt of each issued addendum.
1.6 Pre-Bid Conference.
When a Non-Mandatory Pre-Bid Conference is scheduled, as reflected above, the meeting will be held at the Airport’s CLT Center, 5601 Wilkinson
Boulevard, Charlotte, N.C. 28208. Regardless of if the conference is mandatory or nonmandatory, all Bidders are encouraged to attend. If special accommodations are required for attendance, please notify the Procurement Manager as listed in Section 1.7
.
1.7 Questions. The Airport is committed to providing all prospective Bidders with accurate and consistent information in order to ensure that no Bidder obtains an unfair competitive advantage. To this end, from the date of this ITB until the time of the Bid opening, no interpretation or clarification of the meaning of any part of this ITB will be made orally to any prospective Bidder with the exception of questions answered at any pre-bid conference. Requests for information or clarification of this ITB must be made in writing and addressed to the Procurement Manager at the address, or email listed
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below, with email being the preferred method of communication. Questions should reference the ITB page and topic number. All Questions must be submitted by the dates referenced in the schedule on the first page of this ITB.
Gary Peeples
Charlotte Douglas International Airport
CLT Center
ITB # 2015-03-001
5601 Wilkinson Boulevard
Charlotte, NC 28208
Email: procurement@cltairport.com
The Airport will post answers to timely submitted questions posed by prospective
Bidders and other information concerning this ITB on the Airport’s Advertisements for
Bids and Proposals website, located at the address below. ITB information can be accessed by searching the website for the ITB number listed on the first page of this ITB. http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/AdsForBids.aspx
It is the responsibility of the prospective Bidder to check the website for any addenda issued for this ITB.
The Airport reserves the right to disqualify any prospective Bidder who contacts an Airport employee, or agent concerning this ITB, other than in accordance with this Section.
1.8 How to Prepare Bid Responses.
All Bids shall be prepared as follows:
(A) Complete all forms provided in Section 2 . All responses must be submitted solely on these forms.
(B) Bid responses must be typewritten or completed in ink, signed by the Bidder or the
Bidder’s authorized representative. All erasures or corrections must be initialed and dated by the authorized representative who signs the Bid forms on behalf of the
Bidder.
(C) Bids must be accompanied by accurate descriptions of the exact materials, supplies, vehicles and/or equipment offered for purchase, including any detailed information as requested in Exhibit A of the Contract, located in Section 3 of this ITB.
1.9 How to Submit Bid Responses. All Bidders shall:
(A) Submit their Bid in a sealed opaque envelope with the following information written on the outside of the envelope”
(1) The Bidder’s company name;
(2) The ITB number as indicated on the first page of this ITB; and
(3) Identification of the Work for which the Bid is submitted as indicated on the first page of the ITB
(B) No Bidder shall submit more than one Bid unless multiple or alternative bids are requested in Exhibit A of the Contract, located in Section 3 of this ITB. Any multiple or alternative bids must be brought to the Airport’s attention either during the pre-bid conference or submitted in writing at least five (5) days prior to the Bid opening.
(C) Mail or deliver one (1) unbound original Bid signed in ink by a company official authorized to make a legal and binding offer ; and two (2) copies along with one (1) electronic copy on a CD or Flash Drive in PDF or Word format to the address listed
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below, by the date and time listed in the schedule on the first page of this ITB. Any
Bid not submitted per the requirements of this Section will be considered nonresponsive and will not be considered.
Mail or Deliver to:
Charlotte Douglas International Airport
CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
Attn: Gary Peeples
1.10 Guarantor.
If the Bidder is a subsidiary of another entity, the Airport requires that the
Bidder’s parent entity provide a guarantee of payment of all of the Bidder’s obligations under the Contract. The Airport also may require from any Bidder a guaranty from another entity, other than the parent, where applicable, if the Airport concludes that such guaranty would be beneficial to protect the Airport’s interest. If a guarantor is required, the Bidder must: (a) identify a guarantor that is acceptable to the Airport, (b) provide the
Airport with the same financial information about the guarantor that the Bidder is required to provide about itself under this ITB; and (c) provide the Airport with a signed, legally binding guaranty agreement from the approved guarantor that is acceptable to the Airport in its sole discretion. Failure to comply with the foregoing shall be grounds for rejection of the Bidder’s Bid.
1.11 Prompt Payment Discounts.
Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the Contract except as a factor to aid in resolving cases of identical prices.
1.12 Ownership and Public Record. All Bids and supplementary material provided as part of this process will become property of the Airport upon submission. Bidders are advised that all information included in the materials provided may become available to the public under North Carolina’s Public Records Law except for information that falls under one or more of the statutory exceptions set forth in Chapter 132 and 66-152 et seq.
of the North Carolina General Statutes. Bidders may only designate information confidential that it, in good faith, considers a trade secret or confidential under North
Carolina public records and trade secret law. However, the City reserves the right to review and make any final determination on if any material submitted is in fact protected by an exception to North Carolina’s public record law. In submitting a Bid, each Bidder agrees that the Airport may reveal any trade secrets or confidential information to Airport staff, consultants or third parties assisting with this ITB and resulting Contract. Where information is marked Trade Secret, Bidder agrees to indemnify and hold harmless the
City and each of its officers, employees and agents from all costs, damages and expenses incurred in connection with refusing to disclose any material which Bidder has designated as a trade secret or confidential.
1.13 How to Submit an Exception.
If the Bidder wants to take an exception to the
Specifications as stated in Exhibit A to the Contract included in Section 3 of this ITB, the Bidder must clearly identify in Form Three each of the following:
(A) the number and title of each section of the Specifications that the Bidder takes exception to;
(B) the specific sentence within such section that the Bidder takes exception to; and
(C) any alternative provision proposed by the Bidder.
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Bidders are reminded that a material variance from the terms of this ITB may result in the Bid being rejected by the Airport.
1.14 How to Submit an Objection.
When a Bidder has an objection to the terms and conditions of this ITB or to the Contract as included in Section 3 , the Bidder may submit such objection by doing the following:
(A) When a pre-bid conference is scheduled, the Bidder should either present their objection at that time (either verbally or in writing), or submit a written objection prior to the scheduled pre-bid conference.
(B) When a pre-bid conference is not scheduled, Bidders must submit objections in writing no later than the deadline to submit questions as stated in the scheduled on the first page of this ITB.
(C) Except for objections raised at the pre-bid conference, all objections must be directed to the Procurement Manager.
(D) Failure to object in the manner specified in this Section shall constitute a waiver of any objections the Bidder may have to the terms and conditions or to anything that occurred during this ITB process.
1.15 No Collusion or Conflict of Interest.
By responding to this ITB, the Bidder shall be deemed to have represented and warranted that the Bid is not made in connection with any competing Bidder submitting a separate response to this ITB, and is in all respects fair and without collusion.
1.16 Airport’s Rights and Options.
Airport reserves the following rights, which may be exercised at the sole discretion of the Aviation Director, or his designee:
(A) to supplement, amend, substitute or otherwise modify this ITB at any time;
(B) to cancel this ITB with or without the substitution of another ITB;
(C) to take any action affecting this ITB, the ITB process, or the Work or facilities subject to this ITB that would be in the best interest of the Airport;
(D) to issue additional requests for information;
(E) to require one or more Bidders to supplement, clarify or provide additional information in order for the Airport to evaluate the Bids submitted;
(F) to conduct investigations with respect to the qualifications and experience of each
Bidder;
(G) to change the Bid opening date or any other dates relevant to the ITB;
(H) to waive any defect or irregularity in any Bid received;
(I) to reject any or all Bids;
(J) to request the successful Bidder to provide samples of each item requested under this ITB prior to the award of the Contract. Samples will be retained by the Airport for comparison with items delivered under the Contract.
(K) to award all, none, or any part of the items that is in the best interest of the Airport, with one or more of the Bidders responding, which may be done with or without resolicitation; and
(L) to enter into any agreement deemed to be in the best interest of the Airport, with one or more of the Bidders responding.
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1.17 Equal Opportunity.
The Airport has an equal opportunity purchasing policy that seeks to ensure that all segments of the business community have access to supplying the goods and services needed by Airport programs. The Airport provides equal opportunity for all businesses and does not discriminate against any Bidders regardless of race, color, religion, age, sex, national origin or disability.
1.18 Award Criteria. The Airport reserve the right to award a Contract to the lowest responsive responsible Bidder taking into consideration vendor qualification and experience, quality, delivery, workmanship, services, facility requirements, inventory control and reporting. The Airport reserves the right to reject any Bid, without limitation, on the basis of function, compatibility with user requirements, utility and cost.
1.19 Bids on All or Part.
Unless otherwise specified by the Airport or by the Bidder, the
Airport reserves the right to make award on all or part of the items to be purchased or the services needed. Bidders may restrict their bids to consideration in the aggregate by so stating in the Bid. However, bids restricted to consideration in the aggregate must also include a unit price on each item bid.
1.20 Multiple Contract Awards.
The Airport reserves the right to award multiple contracts for the Work required by this ITB if the Airport deems multiple contracts to be in its best interest.
1.21 Anti-lobbying Provision.
Maintaining the integrity of its ITB process is of paramount importance to the Airport. To this end, each Bidder is asked to voluntarily refrain from contacting any members of the City of Charlotte’s (“City") City Council until the award of the Contract is presented for their approval.
1.22 Contract Award by City Council.
As soon as practical after opening the Bids, the name of the apparent successful Bidder will be submitted to the City Council for final approval and award. Prior to the recommendation to the City Council, the successful Bidder must provide to the Airport an executed Contract which will be substantially similar to the contract in Section 3 of this ITB. Upon approval of the Contract by City Council, the
Airport will execute the documents and send a copy to the successful Bidder. In the event that Council approval is not received within ninety (90) days after opening of the
Bids, the successful Bidder may request that it be released from the Bid.
1.23 Post Award Conference.
A post-award conference may be scheduled as soon as practical after the award of the Contract. The Company shall attend the conference along with the Company’s prospective Project Manager and any anticipated major subcontractors, and shall provide at such conference a written schedule for the delivery of any Work for which no delivery dates have been specified in this ITB. The Company shall provide at least two (2) local telephone numbers that may be used to contact the
Company’s authorized representative in the event of an emergency after normal business hours.
1.24 Notice to Proceed. The successful Bidder shall not commence work or make shipment under this ITB until duly notified by receipt of the executed Contract from the Airport. If the successful Bidder commences work or makes shipment prior to that time, such action is taken at the Bidder’s risk, without any obligation of reimbursement by the
Airport.
1.25 Options and Accessories. The Airport may in its discretion purchase from the successful Bidder options and accessories beyond what is called for in Exhibit A to the
Contract in Section 3 of this ITB, provided that such purchase does not create unfairness so as to defeat the purpose of the bid statutes.
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This Bid is submitted by:
Company Name: _________________________________________________
Representative (printed):____________________________________________
Address: ________________________________________________________
________________________________________________________
City/State/Zip: ________________________________________________________
Telephone: ________________________________________________________
(Area Code) Telephone Number
Facsimile: ________________________________________________________
(Area Code) Fax Number
E-Mail Address: ______________________________________________________
State of Incorporation: _________________________________________________
Business Type:
Corporation
Sole Proprietorship
Limited Liability Corporation
Partnership
Joint Venture
Other (Specify)
It is understood by the Bidder that the Airport reserves the right to reject any and all
Bids, to make awards on all items or on any items according to the best interest of the
Airport, to waive formalities, technicalities, to rescind and re-bid this ITB. Bids are valid for ninety (90) calendar days from Bid opening.
______________________________________ ________________________
Company Name Date
_____________________________________
Authorized Signature
________________________
Please type or print name
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Bid Submission Check List: Confirm by placing a check mark in the space provided that as the Bidder the information listed below has been reviewed and compiled with in the submission of a response to this ITB.
(A) _____ Addenda acknowledgement. Please contact the Aviation Procurement Manager to verify the number of addenda issued via email at procurement@cltairport.com
.
Addenda Receipt: The following confirms receipt of any and all addenda issued for this ITB:
Addendum #
___________
Date Issued
__________
___________
___________
__________
__________
(B) _____ Bid document has been signed by authorized Bidder official.
(C) _____ Bid package has been properly labeled per the instructions. (See Section 1.8)
(D) _____ Bid Response Package Forms
1. Bid Submission - Form One
2. Addenda Acknowledgement - Form Two
3. Exceptions Form – Form Three
4. Pricing - Form Four
5. Non-Discrimination Certification - Form Five
6. E-Verify Certification – Form Six (Contracts over $100,000)
The signature below certifies the Bid response complies with the requirements of this ITB and that the above items A through D have been verified as complete. The Bidder further represents that it has read and can comply with all terms of the Contract, including without limitation, the insurance requirements.
______________________________________ ________________________
Company Name Date
_____________________________________
Authorized Signature
________________________
Please type or print name
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All Work requested in the ITB must be provided for the price(s) set forth in the Form 4 , in strict conformance with the terms, conditions and specifications set forth in the ITB (including any addenda or amendments), subject only to the exceptions stated in the chart below. Exceptions representing material changes to the ITB’s terms are grounds for rejection of the Bid. List any exceptions taken to the ITB terms or the general specifications provided in Exhibit A in Section
3 . For each exception, provide an explanation. If none, state “None”.
ITB Section Number ITB Section Title Exception and Proposed Change to ITB
The signature below certifies that: (a) the Bid complies with the requirements of this ITB; and (b) that the Bidder takes no exception to the terms of the ITB other than those listed in the chart contained in this Form.
______________________________________ ________________________
Company Name Date
_____________________________________
Authorized Signature
________________________
Please type or print name
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The undersigned proposes to furnish the following items in strict conformance to the bid specifications and bid invitation issued by the Airport for this bid. Any exceptions are clearly marked in the attached copy of bid specifications.
Fuel Products
Bulk E-10 Blend Ethanol Enhanced
Unleaded Gasoline
Usage
(gallons)
Margin
Price per gallon
Price Extended in USD
($)
175,000
Bulk Ultra Low Sulfur Diesel Fuel
(“ULSD”)
Bulk Ultra Low Sulfur Red Dye
Distillate Diesel Fuel (“Red Dye
Distillate/RDD”).
600,000
600,000
Onsite Generators
5,000
Total Bid (equal to the sum of extended prices for Gas, ULSD,
Red Dye Diesel and generators)
Bulk 87-88 Octane Regular Unleaded
Gasoline (Alternate to E10) 175,000
Payment Terms:
The undersigned hereby certifies the Bidder has read the terms of this bid document, including the sample contract (Section 7) and is authorized to bind the firm to the information herein set forth.
Date: _______________________
By: _________________________
___________________________________
Legal Name of Firm
____________________________________________
Name and Title of Person Signing (please print)
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BID #: 2015-03-001 Fuel Products
The undersigned Bidder hereby certifies and agrees that the following information is correct:
1. In preparing the enclosed Bid, the Bidder has considered all bids submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in
Section 2 below.
2. For purposes of this section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor, supplier or commercial customer on the basis of race, ethnicity, gender, age, religion, national origin, disability or any otherwise unlawful form of discrimination. Without limiting the foregoing, discrimination also includes retaliating against any person or other entity for reporting any incident of 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 Bid submitted with this certification, and terminate any contract awarded based on such Bid. It shall also constitute a violation of the City’s
Commercial Non-Discrimination Ordinance and shall subject the Bidder to any remedies allowed there under, including possible disqualification from participating in City contracts or solicitation processes for up to two years.
4. As a condition of contracting with the City, the Bidder 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 suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information shall constitute grounds for the City to reject the Bid and to any contract awarded on such Bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance, and shall subject the Bidder to any remedies that are allowed there under.
5. As part of its Bid, the Bidder shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its subcontractors, 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 Bid to the City, the Bidder 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 there under.
______________________________________ ________________________
Company Name Date
_____________________________________
Authorized Signature
________________________
Please type or print name
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Bid #: 2015-03-001 Fuel Products
This E-Verify Certification is provided to the City of Charlotte (the “City”) by the company signing below (“Company”) as a prerequisite to the City considering Company for award of a City contract equal to or exceeding $100,000(the “Contract”).
1. Company understands that: a. E-Verify is the federal program operated by the United States Department of
Homeland Security and other federal agencies to enable employers to verify the work authorization of employees pursuant to federal law, as modified from time to time. b. Article 2 of Chapter 64 of the North Carolina General Statutes requires employers that transact business in this state and employ 25 or more employees in this state to:
(i) verify the work authorization of employees who will be performing work in North
Carolina through E-Verify; and (ii) maintain records of such verification (the “E-Verify
Requirements”). c. North Carolina General Statute 160A-20.1(b) prohibits the City from entering into contracts unless the contractor and all subcontractors comply with the E-Verify
Requirements.
2. As a condition of being considered for the Contract, Company certifies that: a. If Company has 25 or more employees working in North Carolina (whether now or at any time during the term of the Contract), Company will comply with the E-Verify
Requirements in verifying the work authorization of Company employees working in
North Carolina; and b. Regardless of how many employees Company has working in North Carolina,
Company will take appropriate steps to ensure that each subcontractor performing work on the Contract that has 25 or more employees working in North Carolina will comply with the E-Verify Requirements.
3. Company acknowledges that the City will be relying on this Certification in entering into the
Contract, and that the City may incur expenses and damages if the City enters into the
Contract with Company and Company or any subcontractor fails to comply with the E-Verify
Requirements. Company agrees to indemnify and save the City harmless from and against all losses, damages, costs, expenses (including reasonable attorney’s fees) obligations, duties, fines and penalties (collectively “Losses”) arising directly or indirectly from violation of the E-Verify Requirements by Company or any of its subcontractors, including without limitation any Losses incurred as a result of the Contract being deemed void.
______________________________________ ________________________
Company Name Date
_____________________________________
Authorized Signature
________________________
Please type or print name
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STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT NO. __________
CONTRACT TO PROVIDE
[Insert Title of Work]
This Contract (the “Contract”) is entered into as of this [insert Date] (the “Effective Date”), by and between [insert Company name] , a [insert type of company] registered under the laws of the State of [insert state] and doing business in North Carolina (the “Company”), and the
City of Charlotte, a municipal corporation of the State of North Carolina (the "City").
Statement of Background and Intent
A. The City is the owner and operator of the Charlotte Douglas International Airport
(“Airport”);
B. The City issued An Invitation to Bid dated [insert date] requesting bids from qualified firms to provide the City with [insert product/service description] hereafter referred to as the "Work". This Invitation to Bid, together with all attachments and any amendments, is referred to herein as the “ITB";
C. The Company submitted a bid in response to ITB on [insert date] . This bid, together with all attachments is referred to herein as the “Bid”; and
D. The Company wishes to provide the Work to the City in accordance with the terms and conditions set forth herein.
NOW, THEREFORE , for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in further consideration of the covenants and conditions contained in this Contract, the parties agree as follows:
AGREEMENT
1. INCORPORATION OF EXHIBITS. The following Exhibits are attached to the Contract and incorporated into and made a part of this Contract by reference:
Exhibit A: Specifications
Exhibit B: Bid
Any conflict between language in an Exhibit and the Contract shall be resolved in favor of the main body of this Contract. Each reference to [insert company name] in the Exhibits shall be deemed to mean the Company.
2. DEFINITIONS. The following terms shall have the following meanings for purposes of this
Contract (including all Exhibits):
2.1. Airport shall mean Charlotte Douglas International Airport
2.2. Background Checks shall have the meaning set forth in Section 24 below.
2.3. Change shall have the meaning set forth in Section 27.5 below.
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2.4. Bid shall mean the response to this ITB completed on the Bid Response Forms.
2.5. City shall mean the City of Charlotte.
2.6. Company shall mean the successful Bidder.
2.7. Contract shall mean the terms and conditions under which the Company shall provide the Work.
2.8. E-Verify Requirements shall have the meaning set forth in Section 27.19 below.
2.9. Effective Date shall mean the date set forth in the first paragraph above.
2.10. Exhibits shall mean the documents specified in Section 1 and attached and incorporated into the Contract.
2.11. ITB shall mean Invitation to Bid.
2.12. Project Manager shall mean the Airport or Company employee who is the point of contact under this Contract.
2.13. Specifications shall mean the scope and details of the Work set forth in Exhibit A that the Company will provide under the Contract.
2.14. Work shall mean the actual products and/or services provided in compliance with the
Specifications and under this Contract.
3. TERM. The term of the Contract will be for [insert term] from the Effective Date [with an option to renew for two (2) additional one-year terms] . The Contract may be extended only by a written amendment to the Contract signed by both parties.
4. COMPENSATION. The Company shall provide the Work in accordance with the
Specifications set forth in Exhibit A to this Contract. The City shall pay the Company for the
Work delivered in compliance with the Specifications and at the prices set forth in Exhibit B.
The maximum amount of the Contract shall not exceed [insert dollar amount in words]
($ [insert amount in numbers] ) This amount constitutes the maximum fees and charges payable by the Company in the aggregate under this Contract and will not be increased except by a written amendment duly executed by both parties. The Company shall not be entitled to charge the City ant prices, fees or other amounts that are not listed in Exhibit B .
5. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment and shall be provided by the Company to the City at the frequency set forth in Exhibit A or where the exhibit is silent, invoices should be submitted monthly. The
Company shall send one (1) copy only of each invoice using one of the following options:
1. Option 1 – E-mail one copy of each invoice to cocap@charlottenc.gov
. Company shall not mail invoices that have been sent via e-mail.
2. Option 2 – Mail one copy of each invoice to:
City of Charlotte- Accounts Payable
P.O. Box 37979
Charlotte, NC 28237-37979
Attn: Aviation
The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods.
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Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate, properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice.
6. GENERAL WARRANTIES. Company represents and warrants that:
6.1 It is a legal entity, validly existing and in good standing under the laws of the State of
[insert state], and is qualified to do business in North Carolina;
6.2 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract;
6.3 The execution, delivery, and performance of this Contract have been duly authorized by Company;
6.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it to enter into and perform its obligations under this Contract;
6.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations, including but not limited to E-
Verify and shall obtain and provide to the City all applicable permits and licenses within ten (10) days of the Company receiving notice of award and within twenty-four
(24) hours of demand at any time during the term; and
6.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract.
6.7 The Work shall comply with all requirements set forth in this Contract, including but not limited to the attached Exhibits;
6.8 The Company guarantees the materials and workmanship on all materials and services provided under the Contract and that it will fix any defects at its own expense that are discovered during the guarantee period at the time designated by and to the satisfaction of the Airport;
6.9 All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge; and
6.10 The Work provided by the Company under this Contract will not infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party.
7. INDEMNIFICATION.
The Company shall indemnify, defend and hold harmless the City and the City’s officers, agents and employees from and against any and all claims, losses, damages, obligations, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from Company’s performance, or allegations thereof, under this
Contract, except to the extent that the claims, losses, damages, obligations, liabilities and expenses are caused by the sole negligence of the City, or the City’s officers, agents and employees. Such liabilities shall include those arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any of its subcontractors (including without limitation E-Verify or other immigration laws). Company shall purchase insurance, as described in Section 8 of the Contract, which shall include coverage for the contractual liability described herein. In any case in which Company provides a defense to the City
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pursuant to this indemnity, the defense will be provided by attorneys reasonably acceptable to the City. This provision shall survive the expiration or early termination of the Contract.
8. INSURANCE. The Company shall provide and maintain at its expense during the term of this Contract the following program(s) of insurance covering its operations. Such insurance shall be provided by insurer(s) satisfactory to the City as approved by the City's Risk
Management Division and evidence of such programs satisfactory to the City shall be delivered to the City on or before the effective date of this Contract. Such evidence shall specifically identify this Contract and shall contain the express condition that the City is to be given written notice of at least ten (10) days in advance of any modification or termination of any program of insurance.
8.1. Automobile Liability. Evidence of current automobile insurance (attach copy of automobile Policy declarations Page(s) in the case of Personal Auto) which show the vehicle and coverage amounts as the appropriate one of the following:
8.1.1. If the Company owns or leases commercial vehicles to provide goods under this
Contract, Automobile Liability must be provided at a limit of not less than
$1,000,000 per accident, combined single limit, each occurrence, for bodily injury and property damage liability covering all owned, non-owned, and hired vehicle.
8.1.2. If the Company does not own or lease any vehicles, but has employees using their vehicles to perform a service under this Contract, Company must provide
Hired/non-owned Automobile Liability coverage at a limit of not less than
$1,000,000 per occurrence aggregate.
8.1.3. If the Company does not own or lease any commercial vehicles to perform services under this Contract, and has no employees using their vehicles to perform services under this Contract, but uses his or her own personal vehicle to perform services under this Contract, Personal Automobile Liability may be provided at limits of not less than $100,000 each person, $300,000 each accident and property damage liability of $50,000.
8.1.4. If the Company is trucking fuel, the Automobile Liability coverage shall be broadened to include pollution coverage on covered autos, and a copy of endorsement CA 99 48 shall be provided to the City. Company must also supply the City with evidence of motor carrier endorsement MCS-90 as required by the
Federal Motor Carrier Safety Administration’s Motor Carrier Act.
8.1.5. However, if the Company has access to the AOA, all automobile liability insurance limits shall increase to $5,000,000.00 per accident, combined single limit, each occurrence.
8.2. Commercial General Liability. I nsurance with a limit not less than $1,000,000 per occurrence/aggregate including coverage for bodily injury, property damage, products and completed operations, personal/advertising injury liability and contractual liability.
8.3. Worker’s Compensation and Employers Liability. Insurance meeting the statutory requirements of the State of North Carolina and any applicable Federal laws; and,
Employers’ Liability - $100,000 per accident limit, $500,000 disease per policy limit,
$100,000 disease each employee limit . If the Company does not employ more than 2 full time employees, Company must attest this fact on company letterhead and include such letter in this Contract.
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9. OTHER INSURANCE REQUIREMENTS.
9.1. “City of Charlotte, 600 East Fourth St. Charlotte, NC 28202” shall be named as an additional insured under the commercial general liability insurance for operations or services rendered under this Contract.
9.2. The Company shall not commence any work in connection with this Contract until it has obtained all of the types of insurance set forth in this section and furnished the
City with proof of insurance coverage by certificates of insurance accompanying the
Contract.
9.3. The Company shall not allow any subcontractor to commence work until all such subcontractors have obtained the same insurance coverages as described above.
9.4. All insurance policies shall be written by insurers qualified to do business in the State of North Carolina. If any of the coverage conditions are met by a program of selfinsurance, the Company must submit evidence of the right to self-insure as provided by the State of North Carolina.
9.5. The Company insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Company’s operations under this Contract. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the
Indemnitees.
9.6. The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible or self-insured retention in any insurance policy. The payment of the deductible/retention shall be the sole responsibility of the Company and/or subcontractor.
10. TERMINATION.
10.1. TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving thirty (30) days written notice to the Company.
10.2. TERMINATION FOR DEFAULT BY EITHER PARTY.
By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events:
10.2.1. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or
10.2.2. The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or
10.2.3. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of
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other party’s assets or properties.
10.2.4. Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.
10.3. ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate the Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed):
10.3.1. The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with the ITB, the Bid, or any covenant, agreement, obligation, term or condition contained in this Contract; or
10.3.2. The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements or failure to provide the proof of insurance as required by this
Contract.
10.3.3. The Company fails to meet delivery times or the Work does not comply with the terms of this Contract as set forth in Exhibit A .
10.4. NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the
Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily, monthly, quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company.
10.5. OBLIGATIONS UPON EXPIRATION OR TERMINATION. In the event this Contract is terminated by the City for any reason prior to the end of the term, the Company shall upon termination immediately discontinue all services in connection with this
Contract and promptly cancel all existing orders and subcontracts, which are chargeable to this Contract. As soon as practicable after receipt of notice of termination, the Company shall submit a statement to the City showing in detail the
Work performed under this Contract to the date of termination.
10.6. NO SUSPENSION.
In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of the Work or any warranties or repossess, disable or render unusable any
Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an order of a court of competent jurisdiction determines otherwise.
10.7. AUTHORITY TO TERMINATE. The Aviation Director or his designee is authorized to terminate this Contract on behalf of the City.
11. TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this
Contract, the Company shall cooperate with the City to assist with the orderly transfer of the
Work, functions and operations provided by the Company hereunder to another provider or to the City as determined by the City in its sole discretion.
12. REMEDIES.
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12.1. Right to Cover. If the Company fails to meet any completion date or resolution time set forth in this Contract (including all Exhibits), the City may take any of the following actions with or without termination this Contract, and in addition to and without limiting any other remedies it may have:
12.1.1. Employ such means as it may deem advisable and appropriate to perform itself or obtain the Work from a third party until the matter is resolved and the
Company is again able to resume performance under this Contract; and
12.1.2. Deduct any and all expenses incurred by the City in obtaining or performing the Work from any money then due or to become due to the Company and, should the City’s cost of obtaining or performing the Work exceed the amount due the Company, collect the amount due the City from the Company.
12.2. Right to Withhold Payment. If the Company breaches any provision of this Contract, the City shall have the right to withhold all payments due to the Company until such breach has been fully cured.
12.3. Setoff. Each party shall be entitled to setoff and may deduct from any amounts owed to the other party under this Contract all damages and expenses incurred as a result of the other party’s breach of this Contract.
12.4. Other Remedies. Upon breach of this Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy. However, under no circumstances shall the Airport be liable to the Company for damages arising from delay, whether caused by the Airport or not.
13. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking; (iii) make either party an agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract.
14. AUDIT.
During the term of this Contract and for a period of one (1) year after termination of this Contract, the City shall have the right to audit, either itself or through an independent auditor, all books and records and facilities of the Company necessary to evaluate the
Company’s compliance with the terms and conditions of the Contract or the City’s payment obligations. The City shall pay its own expenses, related to such audits, but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of $,000 but for the audit, then the Company shall be required to reimburse the City for the cost of the audit.
15. RECORDS.
The Company shall be responsible for keeping a record that accurately states the number of hours worked or quantity of goods provided by the Company in the process of providing the Work under the terms of the Contract. The City shall have the right to audit the Company’s invoices, expense reports and other documents relating to the Work performed under the Contract, and shall not be required to pay for Work which did not occur or which occurred in breach of the Contract. The Company shall make such documents available for inspection and copying by the City in Charlotte, North Carolina between the
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hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, whenever requested by the City.
16. INSPECTION.
The Airport reserves the right to inspect the equipment, plant or other facilities of the Company to confirm that such conform with the requirements set forth in
Exhibit A and are adequate and suitable for proper and effective performance of this
Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days’ notice to the Company.
17. ACCEPTANCE OF THE WORK.
The Work delivered under this Contract shall remain the property of the Company until the Airport physically inspects, actually uses and accepts the
Work.
18. COMPANY PROJECT MANAGER. Where the ITB or the Contract requires the Company to provide a Project Manager, their duties shall include, but are not limited to, the following:
18.1. Coordination of Project schedules and the Company’s resource assignment based upon the City’s requirements and schedule constraints;
18.2. Acting as the Company’s point of contact for all aspects of the Contract administration, including invoicing for the Work, and status reporting;
18.3. Facilitation of review meetings and conferences between the City and the
Company’s executives when scheduled or requested by the City;
18.4. Communications among and between the City and the Company’s staff;
18.5. Promptly responding to the City’s Project Manager when consulted in writing or by email with respect to the Work deviations and necessary documentation;
18.6. Identifying and providing the City with timely written notice of all issues that may threaten the Company’s ability to provide the Work in a manner contemplated by the
Contract;
18.7. Ensuring that adequate quality assurance procedures are in place through the duration of the Contract term; and
18.8. Meeting with other companies working on City projects that relate to this effort as necessary to resolve problem and coordinate the provision of the Work.
19. DUTY OF THE COMPANY TO IDENTIFY AND REQUEST INFORMATION, PERSONNEL
AND FACILITIES.
The Company shall identify and request in writing from the City in a timely manner the following:
19.1. All information reasonably required by the Company to perform each task comprising the Work;
19.2. The City’s personnel whose presence or assistance may reasonably be required by the Company to perform each task comprising the Work; and
19.3. Any other equipment, facility or resource reasonably required by the Company to perform the Work.
Notwithstanding the foregoing, the Company shall not be entitled to request the City provide information, personnel or facilities other than those which Exhibit A specifically requires the
City to provide, unless the City can do so at no significant cost. The Company shall not be relieved of any failure to perform under this Contract by virtue of the City’s failure to provide any information, personnel, equipment, facilities or resources that is not required under
Exhibit A or requested in writing. However, where the Company provides written notice and the City fails to provide included information, personnel, facility or resources, the Company
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shall notify the City in writing immediately in accordance with the notice provision of this
Contract. Failure to do so shall constitute a waiver by the Company for any claim or defense it may otherwise have based on the City’s failure to provide such information, personnel, facility or resource.
20. NON-DISCRIMINATION. The City has adopted a Commercial Non-Discrimination Policy that is described in Section 2, Article V of the Charlotte City Code, and is available for review on the City’s website (the “Non-Discrimination Policy”). The Company agrees to comply with the Non-Discrimination Policy, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age, or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company from participating in City contracts or other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that Company has used on City contracts in the past five years, including the total dollar amount paid by Contractor on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the
City’s Non-Discrimination Policy as set forth in Section 2, Article V of the City Code, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any arbitration conducted under such Policy. The Company understands and agrees that violation of this clause shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions.
The Company further agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the format provided by the City.
21. COMPANY WILL NOT SELL or DISCLOSE DATA . The Company will treat as confidential information all data provided by the City in connection with this Contract. City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this Contract.
22. WORK ON CITY’S PREMISES.
The Company will ensure that its employees and agents shall, whenever on the City’s premises, obey all instructions and directions issued by the
City’s Project Manager with respect to work on the City’s premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules,
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regulations and security procedures of the City when on the city’s premises.
23. NO LIENS.
All products provided under this Contract shall be delivered and remain free and clear of all liens and encumbrances.
24. BACKGROUND CHECKS. Prior to starting work under this Contract, the Company is required to conduct a background check on each Company employee assigned to work under the Contract, and shall require its subcontractors (if any) to perform a background check on each of their employees assigned to work under the Contract (collectively, the
“Background Checks”). Each Background Check must include: (a) the person’s criminal conviction record from the states and counties where the person lives or has lived in the past seven years; and (b) a reference check.
24.1. The Company must follow all State and Federal laws when conducting Background
Checks, including but not limited to the Fair Credit Reporting Act requirements, and shall requires its subcontractors to do the same.
24.2. The Company shall notify the City of any information discovered in the Background
Checks that may be of potential concern for any reason.
24.3. The City may conduct its own background checks on principals of the Company as the City deems appropriate. By operation of the public records law, backgroundcheck conducted by the City are subject to public review upon request.
25. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby certifies that it has or it will within thirty (30) days after execution of this Contract:
25.1. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition;
25.2. Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations;
25.3. Notify each employee that as a condition of employment, the employee will (i) abide by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction;
25.4. Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime;
25.5. Make a good faith effort to continue to maintain a drug-free workplace for employees; and
25.6. Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment.
26. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth
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below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision of this Contract shall be sent to:
For The Company:
With Copy To:
For The City:
Charlotte Douglas International Airport
Attn:
5601 Wilkinson Boulevard
Charlotte, NC 28208
Phone:
Fax:
E-mail:
With Copy To:
Charlotte Douglas International Airport
Attn:
5601 Wilkinson Boulevard
Charlotte, NC 28208
Phone:
Fax:
E-mail:
All other notices shall be sent to the other party’s Project Manager at the most recent address provided in writing by the other party.
27. MISCELLANEOUS.
27.1. Non-Exclusivity. The Company acknowledges that it is one of several providers of the Work to the City and the City is not obligated to contract with the Company for any particular project.
27.2. Time is of the Essence.
Time is of the essence in having the Company perform all
Work and deliver all items within the time frames provided by this Contract and
Exhibit A , including all completion dates, response times and resolution time.
Except as specifically stated in the Contract, there shall be no extensions of the stated time frames. All references to days in this Contract (including the Exhibits) shall refer to calendar days rather than business days, unless the Contract provides otherwise for a specific situation.
27.3. Entire Contract. This Contract including all Exhibits constitutes the entire agreement between the parties with respect to the subject matter herein. There are no other
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representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and bids, written or oral.
27.4. Amendment. No amendment or change to the Contract shall be valid unless in writing and signed by both parties to the Contract.
27.5. Service Changes and Change Orders. In the event changes to the Work (collectively
“Change”), become necessary or desirable to the parties, the parties shall follow the procedures set forth in this Section. A Change shall be effective only when documented by a written amendment to this Contract executed by both parties. The amendment shall set forth in detail (i) the Change requested, including all modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a detailed analysis of the impact of the Change on the results of the Work including the impact on all delivery dates and any associated price.
In the event either party desires a Change, the Project Manager for such party shall submit to the other party’s Project Manager a written request for the Change. If the receiving party does not accept the Change within ten (10) days, the receiving party shall be deemed to have rejected the Change request. If the parties cannot reach an agreement on a proposed Change, the Company shall nevertheless continue to render performance under this Contract in accordance with its (unchanged) terms and conditions.
Changes that involve or increase the amounts payable by the City require execution by the Aviation Director or a designee depending on the amount. Some increases may require execution by the City Manager or a designee or approval by Charlotte
City Council.
27.6. Governing Law and Jurisdiction. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of said courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in
Mecklenburg County, North Carolina.
27.7. Binding Nature and Assignment. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in
Control, as defined in Section 27.13 constitute an assignment.
27.8. Survival of Provisions. Those Sections of the Contract and the Exhibits which by their nature would reasonably be expected to continue after the termination or natural expiration of the Contract shall survive the termination or natural expiration of the Contract, including but not limited to all definitions and Sections 6.9, 6.10, 7,
10.5, 12, 14, 15 and 27.6.
27.9. Severability. The invalidity of one or more of the phrases, sentences, clauses or sections contained in this Contract shall not affect the validity of the remaining portion of this Contract so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under
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such provision, but only to the extent that such provision is unenforceable, and this
Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent.
27.10. No Publicity. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City. Notwithstanding the forgoing, the parties agree that the Company may list the City as a reference in responses to invitations to bid or requests for proposals, and may identify the City as a customer in presentations to potential customers.
27.11. No Manufacturer or Dealer Advertisement. No manufacture or dealer shall advertise on goods delivered to the Airport without prior approval by the Aviation Director, or his designee.
27.12. Waiver. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power.
A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights.
27.13. Change in Control. In the event of a change in “Control” of the Company (as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten days of the occurrence of a change in control. As used in this Contract the term “Control” shall mean the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (51%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities, by contract or otherwise.
27.14. Force Majeure. Neither party hereto shall be liable to the other for any failure, delay or interpretation in the performance of any of the terms, covenants, or conditions of this Contract due to causes beyond the control of that party including, but not limited to, court order, shortages of materials, acts of God, act of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage or other circumstances for which such party is not responsible, which the party cannot reasonably circumvent or which are not in its power to control, for as long as such cause continues. This Section does not include strikes, slow-downs, walkouts, lockouts and individual disputes.
27.15. No Limitations on Disclosure. The Company agrees that the Airport shall be able to disclose and distribute to any persons or entities, without restrictions, all Work and samples provided under this Contract or the ITB. The Company specifically agrees that the Airport can and will provide samples of the Work provided under this
Contract to the Company’s competitors in any future procurement process.
27.16. No Bribery. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract.
27.17. Familiarity and Compliance with Laws and Ordinances. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Work. The Company further agrees that
Fuel Products, ITB# 2015-03-001
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it will at all times during the term of this Contract be in compliance with all applicable federal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers’ compensation, the Fair Labor
Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and
Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.
27.18. Taxes. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the performance of the Work.
27.19. E-VERIFY. As a condition for payment under this Contract, Company shall (ii) comply with the E-Verify requirements set forth in Article 2 of Chapter 64 of the North
Carolina General Statutes (the “E-Verify Requirements); and (ii) cause each subcontractor under this Contract to comply with such E-Verify Requirements as well. Company will indemnify and save harmless the City from all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, interest changes and other liabilities (including settlement amounts) incurred on account of any failure by Company or any subcontractor to comply with the E-Verify Requirements.
28. NON-APPROPRIATION OF FUNDS. If the City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, the City will promptly notify the Company of the nonappropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to nonappropriation of funds shall constitute a breach of or default under this Contract.
[Intentionally Left Blank]
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IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above.
(INSERT COMPANY NAME)
BY: _____________________________
SIGNATURE: ________________________
TITLE: _________________________
DATE: ________________________
CITY OF CHARLOTTE
BY: _____________________________
SIGNATURE: ________________________
TITLE: _________________________
DATE: ________________________
This instrument has been pre-audited in the manner required by Local Government
Budget and Fiscal Control Act.
CITY OF CHARLOTTE
FINANCE DEPARTMENT
BY: _________________________________________________
(Signature)
TITLE: ________________________________________________
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EXHIBIT A: Specifications
1. Contract Types: The Contract resulting from this ITB will be of the type indicated below:
___ Definite Quantity: The Contract will be a fixed-price contract that provides for delivery of a specified quantity of products and any related services either at specified times or when ordered.
X Indefinite Quantity : The Contract will be a unit price contract for an indefinite amount of products (and any related services) to be furnished at specified times, or as ordered. In some cases, indefinite quantity contracts may state a minimum quantity that the Airport is obligated to order but in others the Airport reserves the right to purchase according to actual need and does not guarantee quantities.
The Airport may make available to Bidders information regarding the Airport’s purchase history or projected estimates of the approximate quantity of products that will be needed. Notwithstanding such information, each Bidder is required to perform its own due diligence on which to base its bid. Inaccuracy of information provided by the Airport will not give rise to any claim against the Airport, or entitle any Bidder to rescind its Bid or the Company to terminate or amend the Contract.
2. Terms of Contract:
X Unit Price Contract : Contract awarded is for a unit price when product and service needs are based upon indefinite quantities, and where orders will be based on actual needs that may exceed or be less than projections. All expenditures under a unit price contract are contingent upon appropriations having been made by City Council.
____ One Time Purchase: Contract awarded is for a specific quantity purchased at one time.
3. General Scope: This ITB covers the annual requirements for the Charlotte Douglas
International Airport for Fuel Products including unleaded gasoline and diesel fuel. The purpose is to establish a requirements contract with rack plus pricing on applicable Fuel
Products to be ordered as needed for a term of three (3) years with two (2) one (1) year options of extension. There will be no SBE goal for this project. This ITB does not require a
Performance Bond. These Fuel Products shall meet the specifications described herein.
4. Fuel Products: a. Bulk E-10 Blend Ethanol Enhanced Unleaded Gasolineshall be priced based on the Oil Price Information Service (OPIS) Gross Average Rack Price for E-10 as published in the OPIS Newsletter for the close of business on Thursday of each week (hereafter “OPIS Newsletter Prices”) for the Charlotte, North Carolina Rack location. If there is no OPIS Posted price for E-10, vendor will calculate a “virtual rack price” each week for E-10 based on the sum of the following: a) the applicable OPIS
Rack Price for 100% Ethanol at the Charlotte terminal (multiplied times the appropriate blend percentage); and b) the Rack Average Price for unleaded gasoline at the Charlotte terminal (multiplied times the appropriate blend percentage). The
OPIS Newsletter Prices shall be used for invoicing transactions from the preceding
Monday at 12:01 am EST through the following Sunday at 12:00 pm EST. In addition to the OPIS Newsletter Prices vendor shall be reimbursed its quoted bid markup plus any applicable non-exempt taxes and the price shall be reduced for any Volumetric
Ethanol Tax Credit rate per gallon which Vendor agrees to provide as quoted on the
ITB Pricing Schedule provided in Section 2, Form 4.
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b. Bulk Ultra Low Sulfur Diesel Fuel (“ULSD”) - shall be priced based on the Oil
Price Information Service (OPIS) No. 2 Distillate Gross Prices for Ultra Low Sulfur
(ULS) as published in the OPIS Newsletter for the close of business on Thursday of each week (hereafter “OPIS Newsletter Prices”) for the Charlotte, North Carolina
Rack location. The OPIS Newsletter Prices shall be used for invoicing transactions from the preceding Monday at 12:01 am EST through the following Sunday at 12:00 pm EST. In addition to the OPIS Newsletter Prices vendor shall be reimbursed its quoted bid markup plus any applicable non-exempt taxes.
c. Bulk Ultra Low Sulfur Red Dye Distillate Diesel Fuel (“Red Dye Distillate/RDD”).
– as available, shall be priced based on the Oil Price Information Service (OPIS). No.
2 Distillate Gross Prices for Ultra Low Sulfur (ULS) as published in the OPIS
Newsletter for the close of business on Thursday of each week (hereafter “OPIS
Newsletter Prices”) for the Charlotte, North Carolina Rack location. The OPIS
Newsletter Prices shall be used for invoicing transactions from the preceding
Monday at 12:01 am EST through the following Sunday at 12:00 pm EST. In addition to the OPIS Newsletter Prices vendor shall be reimbursed its quoted bid markup plus any applicable non-exempt taxes. d. Bulk 87-88 Octane Regular Unleaded Gasoline (alternate to E10) shall be priced based on the Oil Price Information Service (OPIS) Gross Average Rack Price as published in the OPIS Newsletter for the close of business on Thursday of each week (hereafter “OPIS Newsletter Prices”) for the Charlotte, North Carolina Rack location. During summer “low RVP” season, vendor may use the applicable rack price for Low (7.8 RVP). The OPIS Newsletter Prices shall be used for invoicing transactions from the preceding Monday at 12:01 am EST through the following
Sunday at 12:00 pm EST. In addition to the OPIS Newsletter Prices vendor shall be reimbursed its quoted bid markup plus any applicable non-exempt taxes and the price shall be reduced for any Volumetric Ethanol Tax Credit (“VEET”) rate per gallon which Vendor agrees to provide as quoted on the ITB Pricing Schedule provided in
Section 2, Form 4.
5. Fuel Contamination.
Fuel provided must be free of any organic growth or water. Above ground tanks for the
Charlotte Douglas International Airport have Veeder-Root tank monitoring systems in place. a. Damages
The Company shall be liable for the following damages, to be reimbursed to the
Airport at the actual expense of the associate damage to vehicles and/or equipment, or paid for in full by the Company.
 Cost to remove contaminated fuel from Airport owned vehicles and/or equipment.
 Cost to clean Airport owned tanks into which contaminated fuel was pumped.
 Cost to repair damages to Airport owned vehicles and equipment caused by contaminated fuel.
 Cost to repair damages to Airport tenant ground service vehicles and equipment caused by contaminated fuel.
6. Spill Prevention and Response.
The Supplier should have measures in place to meet the requirements of Spill Prevention,
Control, and Countermeasure (SPCC) Plans in accordance with the SPCC Regulation (40
CFR 112), and the City of Charlottes’ Stormwater Pollution Prevention Plan in accordance with the Federal Water Pollution Control Act’s National Pollutant Discharge Elimination
System (NPDES) program. The Bidder must:
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•
Be HAZMAT trained.
•
Have the ability to provide documentation of completion of HAZMAT training for fuel delivery staff.
•
Have the appropriate training, policies and procedures, and equipment to be able to immediately clean up any fuel spills that occur during service to the Airport. The
Bidder must clean up all spills with any equipment necessary, based on the type and volume of the spill. Federal EPA requirements must be adhered to.
•
Immediately report fuel spills to the on-site Airport representative and to appropriate external agencies in a timely fashion.
The Supplier shall maintain all equipment necessary on their delivery vehicles for the cleanup of incidental spills, drips or leaks at all times. Suggested equipment includes: absorbent material, industrial wipers, and clean-up containers.
In the event of a spill resulting from the Supplier’s actions, the Supplier's employee shall perform initial spill response to prevent potential injury to Airport employees, damage to
Airport equipment, materials, or land, and to prevent chemicals from reaching storm drains.
The Supplier shall be liable for reimbursing the Airport for any fines levied against the Airport for spills resulting from the Supplier's actions and shall pay for any costs incurred for cleanup and emergency response.
The Supplier must have a spill prevention program available and follow the Supplier’s procedures in case of a spill. The Supplier must provide a copy of their spill prevention program to the Airport for review.
7. Equipment Capacities.
With the exception of generators located on the exterior of the Airport terminal, parking decks and airfield lighting vaults, all delivery locations are able to receive product via tank transport. Refer to Exhibit C for a map of the following locations: a. Above Ground Storage at CLT Center: The Airport has one (1) 6,000 gallon capacity tank with two (2) dispensers dedicated to unleaded gasoline and two (2) 6,000 gallon each capacity tanks with two (2) dispensers each dedicated to ULSD diesel fuel.
Average delivery load sizes are 1,300 gallons (two times per week) of gasoline and
4,500 gallons (two times per week) of ULSD. The Airport will take delivery of product as needed between 6:00 a.m. and 5:00 p.m., daily (seven days per week). b. Above Ground Glycol Mixing Station: The Airport has one (1) 6,000 gallon capacity tank for ULSD with four (4) dispensers dedicated to diesel fuel. Average delivery load sizes are 2,800 gallons (per week) during the deicing season from November through March. The Airport will take delivery of product as needed between 7:00 a.m. and 5:00 p.m. daily (seven days per week.) c. Above Ground Storage at CLT Fire Station No. 41, 5740-B West Blvd: The Airport has one (1) 1,000 gallon capacity tank with one (1) dispenser dedicated to ULSD diesel fuel. Average delivery load size is 800 gallons (as needed) of ULSD. The
Airport will take delivery of product as needed between 7:00 a.m. and 10:00 p.m., daily (seven days per week). d. Onsite Generators: The Airport has various locations with onsite generators requiring
ULSD Diesel Fuel. During the term of the Contract, the Bidder will deliver a set
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quantity of ULSD Diesel Fuel to the various locations to refill the generator tank(s).
Estimated usage is 4,500 gallons per year. The delivering tanker must have pumping capability and must not exceed 2,000 gallons storage capacity. The Airport will take delivery of product as needed between 11:00 p.m. and 5:00 a.m. scheduled and escorted by Airport Facilities personnel.
8. On-site Fueling Instructions.
Employees of the Supplier must adhere to Airport policies while on site which include, but are not limited to, tobacco free restrictions, no weapons of any kind (concealed or otherwise), safety, environmental, and ISO 14001 requirements. a. Shipping Instructions:
Shipments must be made within twenty-four (24) hours of receipt of order from an
Airport representative. This requirement is 24/7, and includes orders made on weekends, nights, and holidays. No partial orders will be accepted unless requested by the Airport. The Airport may accept shipments on weekends and holidays. In general the Airport may accept shipments between 5:00 am and 6:30 pm. b. Fuel Deliveries:
 Supplier shall use the fill port or system designated by the Airport or designated representative.
 Supplier shall use a specific on-site truck route as designated by the Airport or designated representative.
 Supplier must have the ability to deliver fuel in all weather conditions.
 The Supplier shall follow standard operating procedures and good safety practices in accordance with the regulations defined by the Department of
Transportation to confirm proper connection and disconnection of tank trucks from fuel transfer lines during fuel deliveries. c. Supplier Delivery Staff
The delivering staff shall adhere to the following during all deliveries:
 Sign in immediately upon entering the facility/site.
 Use designated routes to fuel tank(s), as defined by the Airport designated representative.
 Be escorted to the delivery point by the Airport designated representative, which shall be present during all connections and disconnections.
 Use the fill port system designated by the Airport designated representative in order to transfer the fuel.
 Remain with the Supplier’s vehicle at all times, and continually monitor the fuel transfer process.
 Use physical barriers such as wheel chocks to reduce the potential for unintentional disconnections.
 Drain the loading/unloading lines to the storage tank and close the drain valves before disconnecting loading/unloading lines.
 Place a drain pan or other appropriate containment device under all connections.
 Inspect the Supplier vehicle before departure to confirm all loading/unloading lines have been disconnected, all drain and vent valves are closed, and confirm that there are no leaks.
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9. Security Access to On-site Fueling.
The Supplier shall adhere to the following security measures at all receiving facilities:
•
All trucks shall be sealed with security tags and the numbers provided to the Airport via email or fax after the loading has been completed and the truck is ready to depart the terminal;
•
Manifests will contain the serial numbers and tanker numbers;
•
Drivers will have a certificate of analysis for all fuel upon arrival at the receiving facility;
•
Delivery employees must sign in at each facility upon entering the facility;
•
Delivery employees must wear a company ID badge;
•
Delivery employees shall be escorted to the delivery point by an Airport representative; and
•
For select locations, the delivery employees shall be issued a radio and must maintain constant communication contact with the Airport representative.
10. Delivery.
All Work provided under this Contract must be delivered F.O.B. Destination within the time frame specified in Section 8 above. Delivery and freight charges are to be included in Bid pricing. Failure to comply with this requirement shall be cause to terminate this
Contract unless such failure is confined to infrequent and isolated instances, which do not involve major purchases. When delivery time is requested in this Invitation to Bid, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence . Each bid shall be deemed a binding commitment of the Bidder to meet the delivery time stated herein unless the bid specifically takes exception. If such delivery time is not met, the Charlotte Douglas International Airport shall be entitled to terminate the
Contract immediately and/or exercise any other remedies available at law or in equity.
11. Reporting and Documentation. The successful Bidder shall furnish quarterly usage reports showing a summary of the ordering history. The report must show at minimum, product description, total quantity purchased by item (units and dollars), and the reporting period.
The Charlotte Douglas International Airport shall have the right to audit the Company’s compliance with the terms and conditions of this Contract at such times as the Charlotte
Douglas International Airport deems appropriate. The successful Bidder shall develop an action plan to correct any contract deficiency identified during these compliance audits, and submit within thirty (30) days of notification of non-compliance. The Airport reserves the right to request additional information when reviewing contract activity.
The successful Bidder will provide for all products purchased under this Invitation to Bid written or electronic documentation that is complete and accurate, and sufficient to enable
Charlotte Douglas International Airport employees with ordinary skills and experience to utilize such products for the purpose for which the Charlotte Douglas International Airport is acquiring them. Such documentation may take the form of user manuals or online instruction.
12. Pricing.
Bid prices are based on full truck load quantities using a rack plus margin model, including but not limited to labor, equipment, consultation, profit, freight and installation.
13. Price Adjustment as Part of the Bid.
To submit price adjustments as part of your Bid, you must: (a) comply with any limitations or instructions that are stated in this ITB; and (b) state
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very clearly in the Price Sheet of your Bid Response Forms the proposed price adjustments or, if permitted, the price adjustment formula. Restrictions and instructions regarding price adjustments are provided in the Bid Response Forms. It is important that the Bidder check for these restrictions and instructions carefully. In some instances price adjustments are not permitted as part of the Bid. In other instances formula price increases are prohibited due to the difficulty they create in comparing Bid prices .
14. Price Adjustment if Not Included as Part of the Bid. If price adjustments are not included in your Bid, the price(s) stated in your Bid shall apply for the entire term of the Contract unless the Airport approves a price adjustment in writing in accordance with the following terms: a. Price increases shall only be allowed when justified in the Airport’s sole discretion based on legitimate, bona fide increases in the cost of materials. No adjustment shall be made to compensate the Company for inefficiency in operation, increase in labor costs or for additional profit. b. To obtain approval for a price increase, the Company shall submit a written request to the Airport’s Project Manager, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on legitimate increase in the cost of materials. The request must state and fully justify the proposed price increase per unit over the price originally bid.
Charlotte Douglas International Airport
CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
Attention: Neil McEachern c. No proposed price increase shall be valid unless accepted by the Airport in writing.
The Airport may approve such price increase for the remaining term of the Contract or for a shorter specified period, in the Airport’s sole discretion. If the Airport rejects such price increase, the Company shall continue to perform under the Contract. d. If the Airport approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the
Airport shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the Airport in writing if the market factors on which the Airport granted the increase change such that the Airport’s reasons for granting the increase no longer apply.
15. Current and Future Tax Credits.
The Federal Government instituted the “Farm Bill” that allows for a tax credit for gasoline mixed with ethanol also known as a Volumetric Ethanol Excise Tax Credit (“VEETC”) or
“Blender’s Tax Credit”. This tax credit for blending ethanol with gasoline is provided to the actual blender of the fuel only. If a refiner is blending gasoline with ethanol and offers the finished product for sale at its terminal, the only party eligible to take the credit is the refiner, who has in fact blended the product. The refiner may reduce their sale price to reflect the tax credit as a rebate. This reduced price may then be passed along from distributor to retailer, and ultimately to the consumer.
Where applicable by Fuel Type, Bidder shall pass any Fuel Credits on to the Airport automatically on billing invoices. Specifically, the price shall be reduced for any Volumetric
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Ethanol Tax Credit rate per gallon which Bidder agrees to provide as quoted on the ITB
Pricing Form.
If the Company has the ability to take advantage of this tax credit, or has other means of providing a reduced price other than the tax credit, and can pass down a reduction in price to the Airport. Bidder must note if the rebate, if quoting a rebate price, is a rebate based on the Blender’s Tax Credit or a rebate other than from the Blender’s Tax Credit. The rebate must be identifiable on all invoices sent to the Airport for payment. The Blender’s Federal
Tax Credit deductions passed down to the Bidder that are referenced in your Bid are percentages of blends to gasoline with ethanol of 85% and 10%.
During the term of the contract, only federally approved changes to the rebate for gasoline/ethanol blends, reflected by support documentation from the Federal Government, will be approved and may be passed on to the Airport. Copies of the support documentation of changes in the rebate shall be sent directly to the Airport representative. Supporting documentation must reference the Contract #.
16. Invoices. The successful Bidder shall invoice the City no more than twice per month along with all of the necessary supporting documentation, and prior to any payment. A summary invoice shall be sent electronically in an EXCEL format. Refer to the Billing section in the
Contract for submitting invoices. The invoice must include total gallons purchased, total extended cost for these purchases, purchase order number (PO#), and total North Carolina
Fuel tax. a. The invoice price shall be free of applicable state and federal taxes. The Supplier shall administer the federal tax program so that the Airport is exempt from payment of federal tax. All applicable taxes shall be billed as separate line items on invoices. b. The successful Bidder shall submit to the Airport terms of a prompt payment discount. c. The payment of the invoices by the Airport shall not prejudice the Airport’s right to object to or question any invoice or matter in relation thereto. Such payment by the
Airport shall neither be construed as acceptance of any part of the work or service provided nor as an approval of any of the amounts invoiced therein. d. The Bidder’s invoice shall be subject to reductions for amounts included in any invoice or payment theretofore made which are determined by the Airport on the basis of audits conducted in accordance with the terms of this contract, not to constitute proper remuneration for compensable services.
17. Items under Contract and Quantities. The Airport reserves the right to add or delete items to the Contract if particular items should become discontinued or an upgraded item become available to the industry market. Any new or replacement items added will be subject to bid statute requirements. The Airport may also delete items in the Contract if items are no longer needed.
The Charlotte Douglas International Airport reserves the right to purchase according to actual need and does not guarantee quantities. The quantities stated in this ITB are estimates based on prior year usage. The estimates are provided for informational purposes only. Orders will be placed on an as-needed basis during the term of the contract. The
Airport’s Fuel Products usage for Fiscal year 2014 is attached as Exhibit B.
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18. Environmental Preferable Purchasing. The Airport promotes the practice of environmentally preferably purchasing in acquiring products. Attributes that may be taken into consideration as environmental criterion include the following: recycled content, renewable resources, recyclability, packaging, biodegradability, reduced toxicity, energy and water efficiency, low volatile organic compounds durability and take back options.
Environmental preferable purchasing includes products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product. The Company is encouraged to supply products that contain environmentally preferable attributes. Certification of environmental standards and other environmental claims must be signed by a senior company official and provided to the Airport.
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EXHIBIT B - FUEL CONSUMPTION - 2013 AND 2014
Diesel/Gallons 2013
Month
Jan-13
Feb-13
Mar-13
Apr-13
May-13
Jun-13
Jul-13
CLT Center
29681.00
26035.00
36543.00
34769.00
35829.00
38191.00
38750.00
Aug-13
Sep-13
Oct-13
Nov-13
43538.00
35707.00
37231.00
38816.00
Dec-13 39472.00
Annual Total 434562.00
Fire Station 41
0.00
700.30
800.20
0.00
600.20
500.00
787.60
0.00
0.00
0.00
498.30
0.00
3886.60
Concourse A
2196.00
1350.00
92.00
98.00
102.00
60.00
78.00
0.00
0.00
0.00
0.00
0.00
3976.00
Mid-field
0.00
0.00
0.00
0.00
0.00
0.00
0.00
9007.00
181.00
37.00
217.00
27.00
9469.00
Diesel/Gallons 2014
Month
Jan-14
Feb-14
Mar-14
Apr-14
CLT Center Fire Station 41 Concourse A
33993.00
700.10
0.00
36263.00
35255.00
38797.00
405.30
0.00
401.30
0.00
0.00
11.00
May-14
Jun-14
Jul-14
Aug-14
Sep-14
Oct-14
35425.00
36279.00
38546.00
42675.00
32506.00
31442.00
Nov-14
Dec-14
33862.00
32449.00
Annual Total 427492.00
444.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1951.20
63.00
0.00
253.85
0.00
0.00
0.00
0.00
0.00
327.85
Mid-field
17.00
0.00
2182.00
214.00
30.00
0.00
9873.00
0.00
0.00
9789.00
57.00
674.00
22836.00
87 Octane/Gallons 2013
Month
Jan-13
Feb-13
Mar-13
Apr-13
May-13
Jun-13
CLT Center Fire Station 41 Concourse A
8238.00
0.00
592.00
7138.00
8438.00
0.00
0.00
468.00
497.00
8371.00
7542.00
9300.00
0.00
0.00
0.00
290.00
259.00
128.00
Jul-13
Aug-13
Sep-13
Oct-13
7799.00
9377.00
16306.00
11153.00
Nov-13 9260.00
Dec-13 8629.00
Annual Total 111551.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
99.00
0.00
0.00
0.00
0.00
0.00
2333.00
Mid-field
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5528.00
52.00
77.00
149.00
163.00
5969.00
87 Octane/Gallons 2014
Month
Jan-14
Feb-14
Mar-14
Apr-14
May-14
Jun-14
Jul-14
Aug-14
Sep-14
CLT Center
10343.00
8928.00
9716.00
8093.00
8643.00
8551.00
7610.00
9485.00
9876.00
Oct-14
Nov-14
6372.00
9507.00
Dec-14 9225.00
Annual Total 106349.00
Fire Station 41
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Concourse A
0.00
0.00
0.00
24.00
24.00
0.00
99.00
0.00
0.00
0.00
0.00
0.00
147.00
Mid-field
117.00
4.00
548.00
167.00
16.00
0.00
987.00
0.00
0.00
2340.00
304.00
277.00
4760.00
Glycol Mixing Statiton
1003.00
9015.00
4985.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3463.00
18466.00
Onsite Generators
0.00
0.00
0.00
6116.40
0.00
0.00
0.00
0.00
502.00
0.00
0.00
0.00
6618.40
Glycol Mixing Statiton
7465.00
13013.00
12301.00
7024.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3463.00
43266.00
Onsite Generators
0.00
0.00
0.00
3520.60
0.00
0.00
0.00
0.00
502.00
0.00
0.00
0.00
4022.60
Glycol Mixing Statiton
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Onsite Generators
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Glycol Mixing Statiton
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Onsite Generators
0.00
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1: CLT Center 5601 Wilkinson Blvd.
2: A Concourse 4300 Air Ramp Rd.
(Escort Required)
Key – Fuel Sites (1-6)
3: Midfield Gate 47 (Escort Required) 5: Deicing Center Gate 47
(Escort Required)
4: Fire Station 41 5740-B West Blvd. 6: Various Generator Sites
(Escort Required)
Fuel Products, ITB# 2015-03-001