CITY OF CHARLOTTE – AVIATION DEPARTMENT
5601 WILKINSON BOULEVARD
CHARLOTTE, NORTH CAROLINA 28208
(704) 359-4000
Date: September 24, 2013
RFP Number: 2013-09-001
Subject: Request for Proposals (“RFP”) on the following apparatus, supplies, materials,
equipment and/or services for:
INDOOR PLANT MAINTENANCE SERVICES RFP
The City of Charlotte (the “City”) located in the State of North Carolina, is now accepting prequalification packages for the Indoor Plant Maintenance services RFP for Charlotte Douglas
International Airport (“Airport”). Instructions for submitting pre-qualification packages are stated
below. Please review them carefully. In order to participate in this RFP, all Proposers must
pre-qualify by submitting the information requested in Section 7 on or before 12:00 p.m.,
Tuesday, October 1, 2013. A Pre-Proposal conference has not been scheduled for this
solicitation. However, to aid you in submitting a proposal for this work, the Airport invites you to
schedule a walk-through of the Airport plant maintenance service areas. Walk-throughs can be
scheduled upon email request to cibailey@cltairport.com.
All Proposals are due to the Airport – CLT Center, 5601 Wilkinson Boulevard, Charlotte, North
Carolina 28208, no later than 11:00 a.m., EST – Tuesday, October 15, 2013. One (1) original
(unbound) proposal signed in ink by a company official authorized to make a legal and binding
offer, two (2) copies (unbound) and (1) electronic copy of the proposal on a CD in a searchable
format such as MS Word or Adobe Acrobat of your proposal must be submitted in a box or
opaque envelope plainly marked with the RFP number and service description as follows:
RFPs - Attention: Crystal Bailey
Name of Company Submitting Proposal
Indoor Plant Maintenance Services
RFP # 2013-09-001
Any changes to the terms, conditions or specifications stated in this proposal will be
documented in a written addendum, issued by the Airport. These addenda will be posted on the
Internet and may be accessed via the Airport website.
We require each Service Provider to acknowledge receipt of all addenda using the space
provided on the enclosed Proposal Response Forms. Please note that we will not consider
any proposal that fails to acknowledge receipt of each issued addendum. Questions
should be directed to Crystal Bailey at cibailey@cltairport.com. The City is an equal
opportunity purchaser.
Sincerely,
Crystal Bailey
Contract Administrator
cc:
Bob Lucas
RFP# 2013-09-001
September 24, 2013
Section 1
Instructions to Service Providers
SECTION 1
INSTRUCTIONS TO SERVICE PROVIDERS
1.1
Review and Comply: This RFP consists of the following components:
Cover Letter: The letter that appears on the first page of this Proposal;
Section I: General instructions regarding the RFP process (called “Instructions To
Service Providers”);
Section 2: The City’s standard contractual terms and conditions (called the “Terms and
Conditions”)
Section 3: Special conditions that apply to this procurement (called "Special
Conditions");
Section 4: Specifications that describe the functions or features of the products and
services for which the City seeks RFPs (called "Specifications");
Section 5: Insurance and indemnity requirements (called “Insurance Requirements”);
Section 6: The forms that a Service Provider is required to complete and return as its
Proposal (called the "Proposal Response Forms");
Section 7: Pre-Qualifications Forms and Instructions
Addenda: Refers to any and all modifications or additions to this RFP that are issued in
writing by the Airport.
Each reference to this RFP includes all components listed above. Please review each of
them carefully. Service Providers will be held accountable for having full knowledge of
the contents of this RFP and for performing any due diligence that may be necessary to
submit a binding proposal.
1.2
Definitions:
Company
A Service Provider that enters into a Contract with the
Airport for all or part of the Products and Services
covered by this RFP.
Contract
An agreement under which a Company agrees to provide
all or part of the Products and Services to the Airport.
Control
The term shall be the meaning set forth in Section 2.29
below.
Environmentally
Preferable Products:
RFP 2013-09-001
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.
September 24, 2013
1
Section 1
Instructions to Service Providers
1.3
Force Majeure Event:
The term shall have the meaning set forth in Section 2.25
below.
Products:
All products that the Service Provider agrees to provide
to the Airport as part of its Proposal.
Proposal:
A response submitted to this RFP. A Proposal shall be
made on the Proposal Response Forms included in
Section 6 of this RFP.
Service Provider
A company or an entity that submits a Proposal in
response to this RFP.
Services
All services that the Service Provider agrees to provide
to the Airport as part of its RFP, including but not limited
to training, warranty and maintenance.
Schedule: The following chart shows the schedule of events to prepare the Service
Provider’s Proposal. The key events and deadlines for this process are as follows, some
of which are set forth in more detail in the Sections that follow:
DATE
EVENT
September 24, 2013
Issuance of RFP by the Airport.
October 1, 2013
Submission of Pre-qualification Criteria: Proposers must submit Prequalification Package no later than 12:00 p.m. - EST to the CLT Center
5601 Wilkinson Boulevard, Charlotte, NC 28208
October 3, 2013
Pre-Qualifiers Notified
October 8, 2013
Deadline for Clarification Questions for Pre-Qualified Proposers by 12:00
p.m.- EST
October15, 2013
Proposals due no later than 11:00 a.m. - EST at the Airport- CLT Center
5601 Wilkinson Blvd, Charlotte, NC 28208
1.4
Contract Documents: Each Proposal constitutes an offer to become legally bound to a
Contract with the Airport incorporating the RFP and the Service Provider’s Proposal. As
part of the award notification process the Airport will send the Company a contract,
which will contain the Terms and Conditions provided in Section 2 and the Insurance
Requirements provided in Section 5.
1.5
Exceptions: Each Proposal submitted in response to this RFP constitutes a binding
offer to comply with all terms, conditions, special conditions, specifications, and
requirements stated in this RFP except to the extent that a Service Provider takes
exception to such provisions in the manner required by this Section. To take exception to
a provision of this RFP, the Service Provider must clearly identify in Form 2 of the
Proposal Response Forms each of the following: (a) the number and title of each section
of this RFP that the Service Provider takes exception to; (b) the specific sentence within
RFP 2013-09-001
September 24, 2013
2
Section 1
Instructions to Service Providers
such section that the Service Provider takes exception to; and (c) any alternate provision
proposed by the Service Provider. Service Providers are reminded that a material
variance from the terms of this RFP may result in the RFP being rejected by the Airport.
1.6
Multiple/Alternate Proposals: No Service Provider shall submit more than one
Proposal unless multiple or alternate Proposals are requested in Special Conditions –
Section 3.
1.7
How to Prepare Proposals: All Proposals shall be prepared as follows:
1.8
(A)
Complete the Proposal Response Forms provided in Section 6 of this RFP.
Proposals must be submitted only on these forms.
(B)
Proposals must be typewritten or completed in ink, signed by the Service
Provider or the proposing firm's authorized representative. All erasures or
corrections must be initialed and dated by the person who signs the Proposal
Response Forms on behalf of the Service Provider.
(C)
Proposals must be accompanied by accurate descriptions of the exact materials,
supplies, vehicles, and/or equipment offered for purchase. The Specifications
may require that copies of detailed factory specifications, ratings, technical data,
etc. be submitted along with the Service Provider’s Proposal.
How to Submit Proposals: All Service Providers shall:
(A)
(B)
Submit Proposals in a box or opaque envelope with the following information
written on the outside:
(1)
The Service Provider’s name,
(2)
The RFP number as indicated on the Cover Letter, and
(3)
Identification of the equipment, supply and/or service for which the
Proposal is submitted as indicated at the top of the Cover Letter.
Mail or Deliver one (1) unbound original Proposal signed in ink by a company
official authorized to make a legal and binding offer and two (2) copies plus one
(1) electronic copy on a searchable CD in Microsoft or Adobe format to the
address listed below, to be received no later than 11:00 a.m., EST- TUESDAY,
OCTOBER 15, 2013. The "original" Proposal and copy shall be complete and
unabridged, and shall not refer to any other copy of the signed/sealed original for
any references, clarifications, or additional information. When received, all
Proposals and supporting materials, as well as correspondence relating to this
RFP, shall become the property of the Airport.
Please be advised that the electronic copy on CD is for informational purposes
only and will not be accepted as the official original Proposal. The original
Proposal signed in ink by a company official must be submitted to be
considered a responsive and valid Proposal. Proposals sent by facsimile will
not be accepted.
Mail or Deliver to:
Charlotte Douglas International Airport - CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
RFP 2013-09-001
September 24, 2013
3
Section 1
Instructions to Service Providers
Attn: CRYSTAL BAILEY
(C)
1.9
Proposals not received by the time and date specified in the Cover Letter of
this RFP will not be opened or considered, unless the delay is a result of
the negligence of the City, its agents, or assigns.
Trade Secrets/Confidentiality: Upon receipt by the Airport, your Proposal is considered
a public record except for material which qualifies as "trade secret" information under
N.C. Gen. Stat. 66-152 et. seq. Upon submission, your Proposal will be provided to
Airport staff and others who participate in the evaluation process, and upon award of the
Contract, to members of the general public who submit public records requests. To
properly designate material as trade secret under these circumstances, each Service
Provider must take the following precautions: (a) any trade secrets submitted by a
Service Provider should be submitted in a separate, sealed envelope marked "Trade
Secret - Confidential and Proprietary Information - Do Not Disclose Except for the
Purpose of Evaluating this Proposal," and (b) the same trade secret/confidentiality
designation should be stamped on each page of the trade secret materials contained in
the envelope.
Do not attempt to designate your entire Proposal as a trade secret, and do not
attempt to designate pricing information as a trade secret. Doing so may result in
your Proposal being disqualified.
In submitting a Proposal, each Service Provider agrees that the Airport may reveal any
trade secret materials contained in such response to all Airport staff and officials
involved in the selection process, and to any outside consultant or other third parties
who assist the Airport in the selection process. Furthermore, each Service Provider
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 the Service Provider has designated as a trade secret.
1.10
Questions: The Airport is committed to providing all prospective Service Providers with
accurate and consistent information in order to ensure that no Service Provider obtains
an unfair competitive advantage. To this end, from the posting date of this RFP until the
Proposal submission due date, no interpretation or clarification of the meaning of any
part of this RFP will be made orally to any prospective Service Provider. Requests for
information or clarification of this RFP must be made in writing and addressed to
CRYSTAL BAILEY at the email address listed below. Questions should reference the
RFP page and topic number, and must be submitted by 12:00 P.M., Tuesday, October
8, 2013.
CRYSTAL BAILEY
City – Aviation Department - CLT Center
RFP # 2013-09-001
5601 Wilkinson Boulevard
Charlotte, North Carolina 28208
E-mail: cibailey@cltairport.com
The Airport will post answers to questions posed by prospective Service Providers
and/or general information concerning this RFP in the form of an addendum on the
Internet at:
http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/ADsForBids.aspx
RFP 2013-09-001
September 24, 2013
4
Section 1
Instructions to Service Providers
Once on the Airport’s website, search by RFP title: Indoor Plant Maintenance Services.
It is the Service Provider’s responsibility to check for any addenda or changes to this
RFP.
The Airport reserves the right to disqualify any prospective Service Provider who
contacts a City employee, or agent concerning this RFP, other than in accordance with
this Section.
1.11
How to Submit an Objection:
(A)
When a pre-Proposal conference is scheduled, Service Providers should either
present their objection at that time (either verbally or in writing), or submit a
written objection prior to the scheduled pre-Proposal conference.
(B)
When a pre-Proposal conference is not scheduled, Service Providers must
submit objections in writing at least ten (10) days prior to the submission due
date of the Proposal.
(C)
Except for objections raised at the pre-Proposal conference, all objections must
be directed to the Airport contact designated in the preceding section.
(D)
Failure to object in the manner specified above shall constitute a waiver of any
objections the Service Provider may have to the terms of this RFP, or anything
that occurred in the RFP process through the end of the pre-RFP conference.
1.12
Binding Offer: Each Proposal shall constitute a firm offer that is binding for ninety (90)
days from the due date for submission of Proposals.
1.13
Errors in Proposals: In case of error in extension of prices in the Proposal, the unit
prices shall govern.
1.14
Airport Rights and Options: The Airport reserves the following rights, which may be
exercised at the sole discretion of the Aviation Director, or his designee:
1.14.1
to supplement, amend, substitute or otherwise modify this RFP at any time;
1.14.2
to cancel this RFP with or without the substitution of another RFP;
1.14.3
to take any action affecting this RFP, this RFP process, the Services or
facilities subject to this RFP that would be in the best interests of the Airport;
1.14.4
to issue additional requests for information;
1.14.5
to require one or more Service Providers to supplement, clarify or provide
additional information in order for the Airport to evaluate the Proposals
submitted;
1.14.6
to conduct investigations with respect to the qualifications and experience of
each Service Provider;
1.14.7
to change the RFP submission due date or any other dates relevant to the
RFP;
1.14.8
to waive any defect or irregularity in any Proposal received;
1.14.9
to reject any or all Proposals;
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Section 1
Instructions to Service Providers
1.14.10 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 Service Providers responding, which may be
done with or without re-solicitation;
1.14.11 to enter into any agreement deemed by the Airport to be in its best interest,
with one or more of the Service Providers responding.
1.15
Proposals on All or Part: Unless otherwise specified, the Airport reserves the right to
make award on all or part of the Services to be purchased. Service Providers may
restrict their Proposals to consideration in the aggregate by so stating in the Proposal.
However, Proposals restricted to consideration in the aggregate must also include a unit
price on each Service proposed.
1.16
RFP Not an Offer: This RFP does not constitute an offer by the Airport. No
recommendations or conclusions from this RFP 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.
1.17
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 Service Providers regardless of
race, color, religion, age, sex, and national origin or disability.
1.18
No Collusion or Conflict of Interest: By responding to this RFP, the Service Provider
shall be deemed to have represented and warranted that the Proposal is not made in
connection with any competing Service Provider submitting a separate Proposal to this
RFP, and is in all respects fair and without collusion or fraud.
1.19
Anti-lobbying Provision: Maintaining the integrity of its RFP process is of paramount
importance for the Airport. To this end, we ask each Service Provider’s cooperation in
voluntarily refraining from contacting any members of the City Council until the award of
this contract is presented to the successful proposer.
1.20
Certified Test Report: If the Specifications or Special Conditions require a certified test
report, Service Providers shall provide such report at their expense, prior to or with their
RFPs. The certified test report shall be from a recognized independent testing laboratory
or manufacturer’s quality control laboratory and shall show all test results and full
compliance with the applicable Specifications.
1.21
Brand Name: If and whenever brand names, makes, names of manufacturers, trade
names or model numbers are stated in this RFP, they are for the purpose of establishing
a grade or quality of material. The Airport will evaluate any approved alternates to
specified brand names, except for items identified in Section 4 as Products for which no
substitute is acceptable.
1.22
Statutory Requirements: Any Contract awarded as a result of this RFP shall be in full
conformance with all statutory requirements of North Carolina and all statutory
requirements of the Federal Government, to the extent applicable. It is up to each
Service Provider to conduct its own due diligence as to what statutory requirements may
apply.
RFP 2013-09-001
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Section 1
Instructions to Service Providers
1.23
Guarantor: If the Service Provider is a subsidiary of another entity, the Airport requires
that the Service Provider’s parent entity provide a guarantee of payment of all of the
Service Provider’s obligations under the Contract. The Airport may also require that the
Service Provider obtain a guaranty from an entity other than the parent if the Airport
concludes that such guaranty would be beneficial to protect the Airports interest. If the
Service Provider is not a subsidiary, the Airport may require that the Service Provider
obtain a guaranty of payment from another entity if the Airport concludes that such
guaranty would be beneficial to protect the Airports interest. If a guarantor is required,
the Service Provider 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
Service Provider is required to provide about itself under this RFP; and (c) provide the
Airport with a signed, legally binding guaranty agreement from the approved guarantor
that is acceptable to the Airport in the Airport’s sole discretion. Failure to comply with
the forgoing shall be grounds for rejection of the Service Provider’s Proposal.
1.24
Evaluation: As part of the evaluation process, the Airport may engage in discussions
with any Service Provider. Discussions might be held with individual Service Providers to
determine in greater detail the Service Provider’s qualifications, to explore with the
Service Provider the scope and nature of the required contractual Services, to learn the
Service Provider’s proposed method of performance and the relative utility of alternative
methods, and to facilitate arriving at a Contract that will be satisfactory to the Airport.
The Airport may in its discretion require one or more Service Providers to make
presentations to the evaluation committee or appear before the Airport and/or its
representatives for an interview. During such interview, the Service Provider may be
required to orally and otherwise present its Proposal and to respond in detail to any
questions posed. Additional meetings may be held to clarify issues or to address
comments, as the Airport deems appropriate. Service Providers will be notified in
advance of the time and format of such meetings, if required.
Since the City may choose to award a Contract without engaging in discussions or
negotiations, the Proposal submitted shall define the Service Provider's best offer for
performing the Services described in this RFP.
1.25
Environmental Preferable Purchasing:
The Airport promotes the practice of
Environmentally Preferable Purchasing (EPP) in acquiring Products or Services.
Applicable EPP attributes that may be taken into consideration as environmental
criterion include the following:
Recycled content
Recyclability
Biodegradability
Energy and water efficiency
Durability
Renewable resources
Packaging
Reduced toxicity
Low volatile organic compounds
Take back options
Environmentally preferable products 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.
RFP 2013-09-001
September 24, 2013
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Section 1
Instructions to Service Providers
Service Providers able to supply Products or Services containing any of the applicable
environmentally preferable attributes that meet performance requirements are
encouraged to offer them in their Proposal. Service Providers must provide certification
of environmental standards and other environmental claims, such as recycled content
and emissions data or a formal statement signed by a senior company official.
1.26
Contract Award by City Council: The Contract to be awarded under this RFP must be
approved by the City Council. In the event City Council approval is not received within
ninety (90) calendar days after the submission due date for the Proposals, the Service
Provider may request that it be released from the solicitation.
1.27
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 representative and any anticipated major subvendors, and shall provide at such conference a written schedule for the delivery of any
Products or Services for which no delivery dates have been specified in this RFP.
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Section 2
Terms and Conditions
SECTION 2
TERMS AND CONDITIONS
Each Proposal submitted in response to this RFP constitutes an offer to become legally bound
to a Contract with the Airport incorporating the following terms and conditions:
2.1
Contract Types: The Contract resulting from this RFP 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_
2.2
Indefinite Quantity: The Contract will be a unit price contract for an indefinite
number of service calls to be complete at specified times, or as requested. In
some cases, indefinite quantity contracts may state a minimum quantity that the
Airport is obligated to order. The Airport may make available to Service Providers
information regarding its purchase history or projected estimates of the
approximate frequency of service orders that will be needed. Notwithstanding
such information, each Service Provider is required to perform its own due
diligence on which to base its Proposal. Inaccuracy of information provided by
the Airport will not give rise to any claim against the Airport, or entitle any Service
Provider to rescind its Proposal or terminate or amend the Contract.
Terms of Contract:
X_
(A) 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.
Contract Terms: The contract term shall be for a period of three (3)
years from the date of award. The City reserves the right to extend,
renew, or not to renew the Contract.
_
(B) One Time Purchase: Contract awarded is for a specific quantity
purchased at one time.
2.3
Notice to Proceed: The successful Service Provider shall not commence work under
this RFP until duly notified by receipt of an executed Contract from the Airport. If the
successful Service Provider commences work or makes shipment prior to that time, such
action is taken at the Service Provider’s risk, without any obligation of reimbursement by
the Airport.
2.4
Delivery Time: When delivery time is requested in this RFP, (whether in the form of a
specific delivery date or maximum number of days for delivery) time is of the essence.
Each Proposal shall be deemed a binding commitment of the Service Provider to meet
the delivery time stated herein unless the Proposal specifically takes exception. If such
delivery time is not met, the City shall be entitled to terminate the Contract immediately
for default and/or exercise any other remedies available at law or in equity.
RFP 2013-09-001
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Section 2
Terms and Conditions
2.5
Prices Are Firm: Each Service Provider warrants the Proposal price(s), terms and
conditions quoted in its Proposal shall be firm for acceptance by the Airport for a period
of Ninety (90) Days from the date of the Proposal submission due date. Once award is
made and a Contract is in place, prices shall remain firm and fixed for the entire Contract
period, unless otherwise provided in the Special Conditions. If your Proposal includes
price increases over the term of the Contract, such increases must be clearly designated
on the Price Sheet in the Proposal.
2.6
Prompt Payment Discounts: Service Providers 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.
2.7
Quality: Whenever this RFP or any other part of the Contract states that an item or
service shall be in accordance with laws, ordinances, building codes, underwriter’s
codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such
laws, ordinances, etc., shall be construed to be minimum requirements that are in
addition to any other requirements that may be stated in this RFP or the Contract.
2.8
Inspection at Service Providers Site: The Airport reserves the right to inspect the
equipment, plant or other facilities of a Service Provider prior to Contract award, and
during the Contract term from time to time as the Airport deems necessary to confirm
that such equipment, plant or other facilities conform with the Specifications and are
adequate and suitable for proper and effective performance of the Contract. Such
inspections shall be conducted during normal business hours and upon at least three (3)
day notice to the Service Provider.
2.9
Acceptance of Services: In the event Services provided to the Airport do not comply
with the Contract, the Airport shall be entitled to terminate the Contract upon written
notice to the Company. In the event the Services provided under this RFP do not
comply with the Contract, the Airport reserves the right to cancel the Service and rescind
any related purchase of products upon written notice to the Company. The remedies
stated in this section are in addition to and without limitation of any other remedies that
the City may have under the Contract, at law or in equity.
2.10
Guarantee: Unless otherwise specified by the Airport, the Service Provider
unconditionally guarantees the materials and workmanship on all Products and/or
Services. If, within the guarantee period any defects occur due to faulty Products and/or
Services, the Service Provider at their expense, shall repair or adjust the condition, or
replace the Product and/or Services to the complete satisfaction of the Airport. These
repairs, replacements or adjustments shall be made only at such time as will be
designated by the Airport to ensure the least impact to its business operation.
2.11
Manufacturer or Dealer Advertisement: No manufacturer or dealer shall advertise on
Services rendered to the Airport without prior approval by the Aviation Director or his
designee.
2.12
Right to Cover: If the Company fails to comply with any term or condition of the
Contract or the Service Provider’s Proposal, the Airport may take any of the following
actions with or without terminating this Contract, and in addition to and without limiting
any other remedies it may have:
(A)
Employ such means as it may deem advisable and appropriate to obtain the
applicable Products and/or Services from a third party; and
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Section 2
Terms and Conditions
(B)
Recover from the Company the difference between what the Airport paid for such
Products and/or Services on the open market and the price of such Products
and/or Services under the Contract or the Service Provider’s Proposal.
2.13
Right to Withhold Payment: If a Service Provider breaches any provision of the
Contract, the Airport shall have the right to withhold all payments due to the Company
until such breach has been fully cured.
2.14
Certification of Independent Price Determination: By submission of this Proposal,
the Service Provider certifies, and in the case of a joint Proposal each party thereto
certifies as to its own organization, that in connection with this procurement:
(A) The prices in this Proposal have been arrived at independently, without
consultation, communication, or agreement, for the purpose of restricting
competition, as to any matter relating to such prices with any other Service Provider
or with any competitor; and
(B) Unless otherwise required by law, the Service Provider has not knowingly disclosed
the prices that have been quoted in this Proposal directly or indirectly to any other
Service Provider or to any competition prior to the submission due date of the
Proposal.
(C) No attempt has been made or will be made by the Service Provider to induce any
other person or firm to submit or not to submit a Proposal for the purpose of
restricting competition.
2.15
Subcontracting: The Company shall not subcontract any of its obligations under this
Contract without the Airport’s prior written consent. In the event the Airport does consent
in writing to a subcontracting arrangement, the Company shall be the prime vendor and
shall remain fully responsible for performance of all obligations which it is required to
perform under this Contract. Any subcontract entered into by Company shall name the
Airport as a third party beneficiary.
2.16
Compliance with Laws: All Products and Services delivered under this RFP shall be in
compliance with all applicable federal, state and local laws, regulations and ordinances.
In performing the Contract, the Company shall obtain and maintain all licenses and
permits, and comply with all federal, state and local laws, regulations and ordinances.
2.17
E-Verify: Acceptance of this Contract shall represent your understanding and
compliance with NC HOUSE BILL S.L. 2013-418: H 786 which requires all contractors
with 25 or more employees to comply with the federal requirements to verify their
employees legal work status through the U.S. citizenship and immigration services, Everify system. Further, the Service Provider shall complete and submit as part of their
Proposal the certification in Section 7 of this RFP.
2.18
City License Requirement: A current City of Charlotte and/or Mecklenburg County
business license is required for the Service Provider who either personally or through
agents, solicits business within the city limits; or picks up and/or delivers goods or
delivers services within the city limits. All questions regarding licensing should be
directed to the Business Tax Collections office, 704-336-6315.
2.19
No Liens: All Products shall be delivered and shall remain free and clear of all liens and
encumbrances.
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Section 2
Terms and Conditions
2.20
Other Remedies: Upon breach of the 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.
2.21
Amendment: No amendment or change to the Contract shall be valid unless in writing
and signed by both parties to the Contract.
2.22
Governing Law and Jurisdiction: North Carolina law shall govern the interpretation
and enforcement of the Contract, and any other matters relating to the Contract (all
without regard to North Carolina conflicts of law principles). All legal actions or other
proceedings relating to the Contract shall be brought in a state or federal court sitting in
Mecklenburg County, North Carolina. By submitting a Proposal to this RFP, the parties
submit to the jurisdiction of said courts and hereby irrevocably waive any and all
objections that they may have with respect to venue in any court sitting in Mecklenburg
County, North Carolina.
2.23
Binding Nature and Assignment: The Contract shall bind the parties and their
successors and permitted assigns. Neither party may assign the 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 this RFP shall constitute an assignment.
2.24
No Delay Damages: Under no circumstances shall the Airport be liable to the Company
for any damages arising from delay, whether caused by the Airport or not.
2.25
Force Majeure: Neither party shall be liable for any failure or delay in the performance
of its obligations pursuant to the Contract, and such failure or delay shall not be deemed
a default of the Contract or grounds for termination hereunder if all of the following
conditions are satisfied:
(A)
If such failure or delay:
1.
2.
3.
Could not have been prevented by reasonable precaution;
Cannot reasonably be circumvented by the non-performing party through the
use of alternate sources, work-around plans, or other means; and
If, and to the extent, such failure or delay is caused, directly or indirectly, by
fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of
war, terrorism, riots, civil disorders, rebellions or revolutions or court order.
(B)
An event that satisfies all of the conditions set forth above shall be referred to as
a “Force Majeure Event.” Upon the occurrence of a Force Majeure Event, the
affected party shall be excused from any further performance of those of its
obligations which are affected by the Force Majeure Event for as long as (a) such
Force Majeure Event continues and (b) the affected party continues to use
reasonable efforts to recommence performance whenever and to whatever
extent possible without delay.
(C)
Upon the occurrence of a Force Majeure Event, the affected party shall promptly
notify the other by telephone (to be confirmed by written notice within five (5)
days of the inception of the failure or delay) of the occurrence of a Force Majeure
Event and shall describe in reasonable detail the nature of the Force Majeure
Event. If any Force Majeure Event prevents the Company from performing its
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Section 2
Terms and Conditions
obligations for more than fifteen (15) days, the Airport shall have the right to
terminate the Contract by written notice to the Company.
(D)
Notwithstanding anything contained herein to the contrary, strikes, slow-downs,
walkouts, lockouts, and industrial disputes of the Company or its sub-vendors
shall not constitute a “Force Majeure Event” and are not excused under this
provision. Nothing in the preceding Force Majeure provisions shall relieve the
Company of any obligation it may have regarding disaster recovery, whether
under the Contract or at law.
2.26
Severability: The invalidity of one or more of the phrases, sentences, clauses or
sections contained in the Contract shall not affect the validity of the remaining portion of
the Contract so long as the material purposes of the Contract can be determined and
effectuated. If any provision of the Contract is held to be unenforceable, then both
parties shall be relieved of all obligations arising under such provision, but only to the
extent that such provision is unenforceable, and the Contract shall be deemed amended
by modifying such provision to the extent necessary to make it enforceable while
preserving its intent.
2.26
No Publicity: No advertising, sales promotion or other materials of the Company or its
agents or representations may identify or reference the Contract, the City, or the Airport
in any manner without the prior written consent of the Airport. Notwithstanding the
forgoing, the parties agree that the Company may list the Airport as a reference in
responses to requests for RFPs, and may identify the Airport as a customer in
presentations to potential customers.
2.27
Waiver: No delay or omission by either party to exercise any right or power it has under
the 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 the 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 the Contract shall be effective unless in writing and signed by the
party waiving the rights.
2.28
Survival of Provisions: Those sections of the Contract and the exhibits, which by their
nature would reasonably be expected to continue after the termination of the Contract
shall survive the termination of the Contract.
2.29
Change in Control: In the event of a change in “Control” of the Company (as defined
below), the Airport shall have the option of terminating the Contract by written notice to
the Company. The Company shall notify the Airport within ten (10) days of the
occurrence of a change in control. As used in the 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.
2.30
Commercial Non-Discrimination:
The City has adopted a Commercial NonDiscrimination Ordinance that is set forth in Section 2, Article V of the Charlotte City
Code, and is available for review on the City’s website (the “Non-Discrimination Policy”).
As a condition of entering into this Contract the Company agrees to comply with the
Non-Discrimination Policy, and consents to be bound by the award of any arbitration
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Section 2
Terms and Conditions
conducted there under. 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 sub-vendors, 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 sub-vendors,
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.
As a condition of entering into the 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 subvendors 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 sub-vendors,
vendors, and suppliers that Company has used on City contracts in the past five years,
including the total dollar amount paid by Company 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, 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 agrees to provide to the City from time to time on the City’s request,
payment affidavits detailing the amounts paid by Company to sub-vendors and suppliers
in connection with this Contract within a certain period of time. Such affidavits shall be in
the format specified by the City from time to time.
The Company understands and agrees that violation of this Commercial NonDiscrimination provision shall be considered a material breach of Contract and may
result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
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September 24, 2013
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Section 3
Special Conditions
SECTION 3
SPECIAL CONDITIONS
3.1
Price Adjustment As Part of the Proposal: To submit price adjustments as part of your
Proposal, you must: (a) comply with any limitations or instructions that are stated in this
RFP; and (b) state very clearly in the Price Sheet of your Proposal Response Forms the
proposed price adjustments or, if permitted, the price adjustment formula. Restrictions and
instructions regarding price adjustments are provided in the Proposal Response Forms. It
is important that you check for these restrictions and instructions carefully. In some
instances price adjustments are not permitted as part of the RFP. In other instances
formula price increases are prohibited due to the difficulty they create in comparing
Proposal prices.
3.2
Price Adjustment If Not Included As Part of the Proposal: If price adjustments are not
included in your Proposal, the price(s) stated in your Proposal 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 a 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 representative, at the address listed below, together with written
documentation sufficient to demonstrate that the increase is necessary based on a
legitimate increase in the cost of materials. The request must state and fully justify
the proposed price increase per unit over the price originally proposed.
City - Aviation Department – CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
Attention: Purchasing Manager
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 performance of 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 longer
apply.
3.3
Options and Accessories: The Airport may in its discretion purchase from the Company
options and accessories beyond what is called for in the Specifications, provided that such
purchase does not create unfairness so as to defeat the purpose of the Bidding statutes.
3.4
Documentation: The Company will provide for all Products purchased under this RFP
written or electronic documentation that is complete and accurate, and sufficient to enable
Airport employees with ordinary skills and experience to utilize such Products for the
purpose for which the Airport is acquiring them.
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Section 3
Special Conditions
3.5
Design and/or Manufacturer Requirement: All Products and Services shall meet the
Specifications set forth in Section 4 of this RFP.
3.6
Contract Monitoring: The Airport shall have the right to audit the Company’s compliance
with the terms and conditions of this Contract at such times as the Airport deems
appropriate. The Company 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.
3.7
Reporting: The Company shall provide such written reports of purchasing and
expenditures as may be requested by the City from time to time, including without limitation
any reports described in the Specifications.
3.8
Audit: During the term of the Contract and for a period of three (3) years after termination
or expiration of this Contract for any reason, the Airport shall have the right to audit, either
itself or through a third party, all books and records (including but not limited to the
technical records) and facilities of the Company necessary to evaluate Company’s
compliance with the terms and conditions of the Contract or the Airport’s payment
obligations. The Airport shall pay its own expenses, relating 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 Airport in excess of $5,000 but for the audit, then the
Company shall be required to reimburse the Airport for the cost of the audit.
3.9
Liquidated Damages: The Company acknowledges and agrees that the Airport may
incur costs if the Company fails to meet the certain requirements set forth in the
Specifications (including without limitation the opening date requirement, delivery times,
inventory levels, accurate invoices and reporting requirements). The Company further
acknowledges and agrees that: (a) the Airport may be damaged by such failures, including
loss of goodwill and administrative costs; but that (b) the costs that the Airport might
reasonably be anticipated to accrue as a result of such failures are difficult to ascertain due
to their indefiniteness and uncertainty. Accordingly, the Company agrees to pay liquidated
damages at the rates set forth in the Specifications. The parties agree that the liquidated
damages set forth in the Specifications, if any, shall be the Airport’s exclusive remedy for
loss of goodwill and administrative costs, attributable to a failure by the Company to meet
such delivery times, but shall not be the remedy for the cost to cover or other direct
damages.
a.
Background Checks: The Company agrees that it has conducted or will conduct
background checks on all personnel who will be working at the Airport or delivering
Products or Services under the Contract. The Company will conduct such background
checks prior to the personnel commencing work hereunder, whether as part of the
Company’s standard pre-employment screening practices or otherwise. The Company will
complete a background check on an annual basis for each person working at the Airport.
Background checks will include at a minimum: 1 - criminal records search, 2 - identification
verification; and 3 - proof of authorization to work in the United States.
The Company agrees if any personnel do not meet the background qualifications, he/she
shall not be assigned to perform Services under this Contract. The Company will notify the
Airport immediately if a background check reveals any conviction(s). If there is any
question as to whether any personnel meets the background qualifications, prior to
assignment of any Services under this Contract, the Company shall contact the Airport
immediately.
3.10
Multiple Contract Awards: The Airport reserves the right to award multiple Contracts for
the Services required by this RFP if the Airport deems multiple Contracts to be in its best
interest.
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Section 4
Specifications
SECTION 4
SPECIFICATIONS
This Section contains information that identifies the Products and/or Services to be provided.
The contract awarded will be non-exclusive for these Services. Partial Proposals will not be
accepted. Proposals must include all items listed in this RFP.
4.1
Scope of Work: The Service shall include all supervision, expertise, tools, fertilizers,
pesticides, insecticides, fungicides, sprays, equipment, trash bags and other supplies
adequate in kind and quality to perform indoor plant maintenance for airport-owned
plants at Airport. The Airport will provide plant, planters, soil, and plant materials. Please
note: The Company’s contract may not be limited to items listed in this RFP, as other
plant services may be needed.
Indoor services will include performing plant maintenance in the main Airport terminal to
include: upper lever ticketing area, seating, Checkpoint E, main atrium, lower level
baggage claim area, badging office, and specific areas for each of the five (5)
concourses.
Other services includes performing plant maintenance for the upper level Airport
entrances to include: fifteen (15) planters outside ticketing entrances, installation of two
(2) seasonal rotations of exterior flowering plants and the pruning and cleaning of three
(3) trees located in the Business Valet parking area twice a year.
In addition, three (3) planters are located on the lower level East end of the terminal
building. The City will supply the plants that are seasonal and will be re-planted by the
Company. The planter sizes are one (1) large 8-foot by 30-inch deep rectangle planter
and two (2) 36-inch round planters.
All plants and planters serviced under this Contract will be watered by the Company.
Horticultural services shall consist of maintaining the health and appearance of all
plants. The services shall be managed by a Professional Landcare Network (PLANET)
certified Service Manager with at least three (3) years’ experience in managing services
for the interior landscape industry. Service shall be performed by trained knowledgeable
service technician(s) who are certified to apply pesticides and other applicable chemicals
as needed.
•
•
•
4.2
Airport operates on 24 hour a day, 7 days a week basis.
Normal service hours will be between the hours of 8:00 a.m. to 5:00 p.m. Monday
thru Friday.
Cleaning and pruning service will be performed between the hours of 11:00 p.m. to
6:00 a.m.
Maintenance of Indoor Plants: The Company must perform servicing on a predetermined basis by a fully insured staff person with a horticulture degree, or a staff
person working under the supervision and direction of a fully insured staff person with a
horticulture degree. Services shall include watering, fertilizing, spraying, cleaning,
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September 24, 2013
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Section 4
Specifications
leaching, aerating, re-mulching, plant rotation of annuals, and plant replacement in
accordance with sound horticultural practice. If an area containing plants is not readily
accessible during the provision of weekly services, the Company shall notify the Airport
project manager prior to leaving the site to arrange for servicing of those plants.
1. Hours of Service: Normal service hours will be between the hours of 8:00 a.m. to
5:00 p.m. Monday thru Friday. All work scheduled outside normal service hours need
to be scheduled and approved in advance with the Airport. All services are to be
performed on a non-interfering basis to minimize traffic control and to maximize
pedestrian safety. Services will be performed as need to ensure cleanliness, plants
free of pests and unsightly or damaged leaves at all times. Non-routine hours will be
required to perform certain aspects of the Service such as cleaning and pruning
service, which will be performed between the hours of 11:00 p.m. to 6:00 a.m.
2. Facilities: The Airport will provide on-site storage facilities to be used for supplies
and equipment applicable to site-specific services only. The Company is responsible
for maintaining these areas in a clean and orderly state. Additional environmentally
controlled areas may be available for rotation and re-growing of seasonal color and
other plants as deemed appropriate.
3. Watering: Inspection of soil moisture levels and replenishment as necessary to meet
requirements of plants. All water spills must be cleaned up immediately to prevent
safety issues from occurring.
4. Pest and Disease Control: Inspection for soil and foliar insect pests, diseases and
other such infestations. Take action and treat before there is any sign of damage.
Treat all plants for fungus gnats with both a systemic and contact pesticide to
prevent outbreaks before delivery. Many areas of the Airport involve delicate
environments and require spraying pesticides after hours or in a predetermined area
of the Airport. Special equipment, such as an Electrostatic Sprayer, is currently used
for pest treatment and is considered the safest and most effective method for pest
control. The implementation of control measures for pest and disease infestations
shall be in compliance with all Federal and local regulations. Upon request, the
Company shall furnish the Airport with documentation of such compliance. The
Company and certified/technical staff are required to possess and maintain
North Carolina pesticide applicator licenses during the full term of the
contract.
5. Material Safety Data Sheet (MSDS): Provide MSDS information to the Airport on
any applicable chemicals used on or in the properties.
a. Any and all chemicals applied to the plants as a part of the indoor planting
maintenance program are to be applied by individuals with the appropriate
State of North Carolina licenses.
b. A copy of a current license for the individual applying the chemicals is to be
provided prior to the application. Protection is to be provided for all adjacent
surfaces.
c. All chemical treatments must be scheduled after normal working hours and
be pre-approved by the Airport for any applicable chemicals used in the
Airport.
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Section 4
Specifications
6. Pruning: Each species will be pruned in accordance with the particular varieties'
needs. The correct pruning procedure will require special equipment and
coordination with Airport personnel.
7. Fertilization: Regular checks of the various species and awareness of the proper
time, type and amount of fertilization that is essential to promote the right amount of
lush, green foliage.
8. pH levels: Regular checks, at a minimum of twice per year, of soil to monitor pH
levels and make necessary adjustments to bring levels to acceptable range for each
plant.
9. Rotation of plants: Rotate plants as necessary, relative to any predominant light
source in order to maintain attractive shape. All plants must retain their upright
position without stakes.
10. Cleaning: All foliage will be kept cleaned, trimmed, and free of dust and pollution.
Clean any decorative containers and remove debris from soil surface and tree grates
each visit. Adequate time must be allotted for ongoing cleaning due to the high levels
of dust prevalent at the Airport.
11. Leaching: Leaching to maintain proper soluble salt levels in the soil. This involves
heavy saturation of soil with water to cleanse soil, back pumping excess water out
and away from roots.
12. Soil Levels: Service of proper growing medium nutrient levels. Additions of new soil
as necessary to retain correct levels and ensure proper appearance of beds where
applicable. Auguring and adding soil to large specimen material as needed to
promote root development and encourage vigorous growth.
13. Sampling: Soil and tissue samples of specimen material are sent, at a minimum of
twice a year, to N.C. Dept. of Agriculture to determine nutrient levels of soil and
foliage. Additional periodic sampling may be needed if specimen materials exhibit
signs of stress or disease that need diagnosis or treatment.
14. Record Keeping: Maintenance of records each visit that include locations, dates,
and activity records for implementation of all programs for horticultural practices such
as pH checks, fertilizing, pruning of specimen material, pesticide treatments, and
special services to be turned in weekly for Airport review and approval.
15. Environmental Knowledge: The Company and certified/technical staff will be aware
of the environment at each location of the Airport and monitor light conditions,
humidity and temperature. Extreme daily temperature changes may occur in the
Airport terminal and fluctuate greatly. A high-low thermometer should be installed
and monitored by the Company so they can notify the Airport when the temperature
is outside the acceptable temperature range.
4.3
Additional Special Service Requirements: Includes any work necessary, as not to
interfere with the Airports’ normal business hours, such as, but not limited to: treating for
pests, pruning, soil preparation and additions of soil on all plant products. This also
includes preventive maintenance and special service work performed proactively to
avoid any potential problems or challenges and reduce expenses for the Airport. Total
cleaning of tree wells under tree grates to be completed twice annually. The Company
does not assume liability for damage to tree grates except through negligence. All labor
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September 24, 2013
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Section 4
Specifications
and cleaning would be performed by the Company and coordinated with Airport. The
Airport will provide lifts, if needed, to perform the special work. Additional hours need to
be built in to the Service for after-hours special work.
4.4
Foliage Plant Standards:
1. The Company shall provide plants as specified, of a quality and size equal to or
surpassing Foliage No. 1 grade as described in the Interior Plant Specifications
section of A Guide to Specifications for Interior Landscaping, published by the
Professional Landcare Network (herein after referred to as the PLANET GUIDE).
2. The Company shall prepare all plants for existence within the Airport premises by
acclimatizing them to lower light, moisture, humidity and fertilization levels in
conformance with accepted industry standards and as recommended in the Interior
Plant Specifications section of the PLANET GUIDE.
3. Plants shall be well established and growing in their container for six months or
longer according to specification needs for each variety and size and shall not be in a
root bound condition.
4. All plants shall be of specimen quality, symmetrical, tightly knit, so trained or favored
in their development and appearance as to be unquestionably superior in form and
character. They shall be sound, healthy and vigorous, well branched and densely
foliated. They shall be free from disease, insect pests, eggs or larvae, and shall have
healthy, well-developed root systems. The plants shall be free from physical damage
or adverse conditions that would prevent the plant from thriving with the specified
results.
5. Plants shall be true to species and variety and shall conform to the minimum height,
width and pot size ratios based upon the current plant inventory. Plants larger than
specified may be used if approved by the Airport. The use of said plants shall not
increase the contract price. If larger plants are approved for use, the ball of earth
shall be increased in proportion to the size of the plant.
6. Plants shall be measured when branches are in their normal position. Height and
spread dimensions refer to the main body of the plant and not from branch tip to
branch tip. The measurements specified are the minimally acceptable size and shall
be the measurements after pruning (where pruning is required).
7. Plants that meet the measurement specified but do not possess a normal balance
between height and spread will be rejected. No plant will be accepted that requires
permanent staking to keep in an upright position.
8. The Company shall provide recommendations of appropriate plant selections.
9. Substitution of plant materials shall not be permitted unless authorized in writing by
the Airport. If proof is submitted that any plant specified is not obtainable, an
alternative will be considered for use of the nearest equivalent size or variety with a
corresponding adjustment of contract. Such proof shall be substantiated and
submitted in writing.
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Section 4
Specifications
4.5
Installation/Replacement Policies:
1. The premises must be left clean of litter and debris when work is complete.
2. All planting and preparation shall be done at the Company’s place of business or in a
pre-determined area approved by the Airport.
3. Upon completion of installation or replacement, the Airport and the Company shall
inspect the installation or replacement. Deficiencies shall be corrected by the
Company prior to final approval and any invoices being paid.
4. Grow pots need to remain covered at all times for plants in decorative containers and
built-in planters with an agreed upon top dressing. Additional top dressing may need
to be added routinely during service and after plant replacements have been made.
5. All plant replacements must be installed on a timely basis. The Airport will expect
prompt replacement of any plant that is not of quality standards. Replaced plants will
not be turned over to Airport staff and must be removed from the building. Disposal
and recycle of material will be the responsibility of the Company.
6. Understand basic design concepts and principles in combination with horticultural
benefits/practices and follow proper indoor plant maintenance guidelines throughout
the Airport.
7. Never remove plants or decorative containers off the Airport premises due to decline
or neglect without written approval from the Airport.
8. The Company will not be held liable for plants that have suffered physical abuse,
theft, temperature extremes, care by unauthorized personnel, and Acts of God. The
Airport and the Company must document this information the day of the noticed
occurrence and communicate in writing this type of circumstance that will void the
guarantee.
4.6
Plant Replacement Guarantee: During all phases of work under this Contract, the
Company shall replace at its sole expense any plant(s), which deteriorates in health and
appearance so as to become of a lesser specification, grade, and value from that which
was originally installed or at time of takeover unless otherwise noted in the scope of
work or contract.
1. Either the Airport or the Company may make the decision to replace; upon request
from the Airport, the Company shall perform any such replacement(s).
2. All plant replacements shall be made with the same species, size and grade plant(s)
as was in place at the beginning of the service period: or, with another plant of
comparable value which is acceptable to the Airport.
3. Turnaround time for replacements is a maximum of two weeks and may be less to
maintain quality standards for the Airport at all times.
*The Company must furnish a list of any plants that cannot be guaranteed initially
and any associated costs to the Airport for the replacements of these plants.
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Section 4
Specifications
4.7
Communication Procedures: Notification to the Airport of the Company’s arrival at and
departure from the Airport premises. Maintain a sign-in and sign-out log. Communicate
and receive a signature verifying times and assuring expectations are met with the
Airport.
Meet with the Airport a minimum of once monthly to communicate ongoing issues,
problems and progress with projects within the Airport.
4.8
Employees: The Company shall employ people who are skilled in the performance of
indoor plant maintenance duties. The Company shall screen all applicants through the
confirmation of references. The Company’s employees shall at all times maintain a
good personal appearance and will conduct themselves in a manner which reflects credit
on their employer and the Airport.
All of the Company’s employees including supervisors must abide by the following rules
at all times when on Airport property:
A. Employees shall wear an identification badge at all times and uniforms shall clearly
identify the person’s name and the company name.
B. Employee shall sign in when beginning work and sign out when leaving work as
designated by the Airport.
C. Employees shall not engage in idle or unnecessary conversation with Airport
employees or visitors in the building and shall not loiter in any areas where cleaning
is complete.
D. Employees shall refrain from using the telephones while in public areas.
E. Employees shall not be under the influence of alcohol or illegal drugs.
F. Employees shall refrain from using tobacco products of any type while on the
premises.
G. The Company shall provide a designated supervisor on premises at all times.
Supervisor shall immediately correct any employee misbehavior that is reported to
them and otherwise insure employee and Airport rule compliance.
H. Employee shall be of good integrity and moral character.
I.
Employees immediately shall report any damages done to property to their
supervisor. Supervisor shall then report such damage to the Airport.
J. Employees shall not leave building keys in doors or admit unauthorized people into
the Airport.
K. Employees shall refrain from belligerent behavior and/or profanity.
L. Employees shall abide by additional rules and regulations set forth by the Airport.
The Airport will have the right to require the removal and replacement of any personnel
of the Company or the Company’s sub-vendors who are assigned to provide services to
the Airport.
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Section 4
Specifications
4.9
Badging:
1.
All personnel of the Company must undergo the identification procedure
established by the Airport prior to beginning work at the Airport, including but not
limited to, completion of work history as required by Federal Aviation
Administration (FAA) or Transportation Security Administration (TSA).
2.
All personnel of the Company will be required to apply for and qualify for security
identification badges issued by the Airport. An Airport issued badge must be
worn on exterior clothing and above the waist at all times while on Airport
property.
3.
Authorized Signature: The Company must assign a designee for their company
to be an authorized signature for the purpose of fingerprinting and badging their
employees at the Airport. The authorized signer will be the Company’s liaison
with the Airport’s Security and Badging Office. The appointed Authorized Signer
has to be badged, and must attend an Authorized Signer class prior to starting
their duties as a signer, and then every year after that.
4.10
Supervisor of Record: Prior to starting the service, the Company will provide the
Airport with a list of the names, addresses, and mobile phone number for a Supervisor of
Record who will be responsible for supervising the Services during normal business
hours and after business hours. The Company will be required to notify the Airport of any
changes in the name or contact information for the Supervisor of Record at least two
weeks in advance.
4.11
Administration: All inventories must be provided in an agreed upon Word format, upon
request or annually.
4.12
Quantities: The Airport will purchase quantities as needed during the term of the
Contract. The Airport reserves the right to purchase Services according to actual need
and does not guarantee quantities. The quantities listed in this RFP are estimates only,
and may differ substantially from actual quantities ordered. Multiple orders will be
placed on an as needed basis during the term of the Contract.
4.13
Reporting: The Company shall provide a weekly report to the Airport summarizing all
maintenance (routine and special) performed by service location areas, replacements,
as well as, any problems encountered, changes made or recommendations to be
offered. At the conclusion of each service, the Company shall supply an electronically
generated report (preferably Microsoft Excel format).
4.14
Pricing: Proposals must be submitted as a unit cost. Total Proposal price must include
all equipment, labor, delivery, installation, consultation, vendor profit, shipping, freight,
taxes and all other costs associated with this project. No additional cost will be allowed.
Companies must propose on ALL parts of the project. The Company’s price must be
all–inclusive and stated in United States dollars. All miscellaneous charges must be
captured in the total Contract price.
All work must be completed in full within agreed time frame. Any work found to be substandard or unfinished will not be paid until work is completed and standard is approved.
Payment will be made only upon original scope of work. Work which fails to meet
deadlines will have their payments held until work is completed in full.
RFP 2013-09-001
September 24, 2013
23
Section 4
Specifications
4.15
Invoices: 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. The Company shall send one (1) copy only of each invoice
using one of the following options:
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.
Option 2 – Mail one copy of each invoice to:
City Accounts Payable
P O Box 37979
Charlotte, NC 28237-7979
Attention: 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.
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.
4.16
Airport Contracting Requirements.
The Airport will enter into a Contract written with the Company that contains the terms
and conditions set forth in this RFP. Each Company must state specifically in its
Proposal any exceptions to the terms and conditions included in this RFP and any
proposed additional terms or conditions deemed important by the Company. The Airport
will take any such exceptions and proposed additions into account during the evaluation
process. Any terms and conditions that the Company does not specifically object to, will
be incorporated into the resultant Contract. Notwithstanding the foregoing, the Airport
reserves the right to change the proposed contractual terms and conditions prior to
contract award if it is in the Airport’s best interest to do so.
The terms and conditions set forth in this RFP are not all inclusive. The Airport may
propose additional terms and conditions based on the responses to this RFP and
analysis of the Company.
4.17
Applicable Laws: The Company must be familiar with, have a working knowledge of,
and comply with all federal, state, and local laws, statutes, ordinances and regulations
as applicable to the service requirements of this RFP. These shall include the rules,
regulations and interpretations of the North Carolina Department of Labor relative to
Occupational Safety and Health Standards.
4.18
No Limitations on Disclosure: All Service Providers agree that the City shall be able
to disclose and distribute to any persons or entities, without restriction, all pricing,
drawings, designs or specifications and other Services provided in the course of this
RFP process or under this Contract.
RFP 2013-09-001
September 24, 2013
24
Section 4
Specifications
4.19
4.20
Evaluation: Evaluation of Proposals will be made by the Airport. Proposals will be
evaluated on the following criteria:
•
20% - Qualifications of the firm and assigned individuals
•
25% - Prior experience in performing similar work
•
30% - Fees charged and cost effectiveness of the proposed service
•
25% - Reference checks
Content and Format: The following information and materials are to be included in
Proposal submissions:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Proposal Submission Form
Addenda Acknowledgement Form
Exceptions Form
Pricing Form (Proposed monthly billing rate)
Non-Discrimination Certification Form
Service Provider and Insurance Agency Statement – Form Five along with
evidence (i.e., current copy of Certificate of Insurance) that insurance policies are
maintained by the firm as stated in Section 5 of the RFP.
E-Certify Authorization – Form Six
Service Provider Questionnaire (Section 4) - Questionnaire which should include
a brief description of the firm’s experience in providing interior and exterior plant
maintenance services for public entities and/or the private sector.
Sample NC State Soil Test
Sample Weekly Maintenance Report
If awarded a contract, you will have to submit the following when you sign a contract:
•
Insurance certificate per RFP requirements in Section 5.
RFP 2013-09-001
September 24, 2013
25
Section 4
Specifications
SERVICE PROVIDER QUESTIONNAIRE
1.
How many years has your company been performing indoor plant service in the
Charlotte market? Please provide a number to represent the # of years along with any
additional information.
2.
How many years has your company been in business/or been in operation in the
Charlotte area? Please provide a number to represent the # of years along with any
additional information.
3.
How many years has your company been performing indoor plant service in the
Charlotte market under current name? Please provide a number.
4.
Is your company locally owned? (Yes or No)
If not, where is the company
headquartered. Please describe the organizational structure and the local (Charlotte)
organizational structure?
5.
Provide the intended number of employees which will be employed specifically to
perform the services based upon the scope of work for this RFP.
6.
Is the Manager over the service department local to the Charlotte market and how many
other regional areas are they responsible for?
7.
If your company is awarded the contract, describe your transition plan.
8.
Is your company and staff licensed and certified for pesticide applications each year? If
so, please provide copies of license and pesticide application certification for each
employee intended to service this work.
9.
Has your company ever received an Indoor Plant Maintenance Environmental Award? If
so, please describe.
10.
How many PLANET Certified Licensed Technicians does your company have on staff?
a. Will a PLANET Certified Licensed Technician be assigned to service this work? If
so, please include PLANET certification for the assigned person.
11.
Does your company perform background checks, driver license checks and drug testing
on all employees?
12.
What is your company’s turnover ratio with service personnel?
13.
How long have managers or supervisors for your company been in place for the
Charlotte market?
14.
Please provide a sample copy of your weekly reporting sheet with maintenance,
replacement information and other information with RFP.
An Excel or Word version of the RFP questions may be obtained via email request to cibailey@cltairport.com.
RFP 2013-09-001
September 24, 2013
26
Section 4
Specifications
AIRPORT PLANT INVENTORY
(CURRENT CONFIGURATION)
Location
Quantity
Size
Plant
Exterior-Upper Level Entrances
15
15-24"
Assortment of Seasonal
Upper Level - Main Entrance Ticketing
Area
Upper Level - Main Entrance /
Ticketing Area/Seating/Checkpoint E
Lower Level-Seating in Baggage
Claim Area
Badging Office
Lower Level East End
192
8"
9
14"
Long Trailing Golden
Pothos
Ficus 'Benjamina'
2
2
8
1
14"
14"
6"
Lower Level East End
2
Main Atrium
28
By Aviation Director's Elevator
Charlotte Skyline Planter-upper row
Charlotte Skyline Planter-upper row
1
55
40
Planters by moving walkway
Planters by moving walkway
9
10
Planters by moving walkway
Planters by moving walkway
12
8
8
D-E Connector
9
Concourse D
2
End of Concourse
2
4
Lower Level-along moving walkway
st
1 Circular Atrium Area
nd
2 Circular Atrium Area
4
4
2
2
4
10
6
rd
3 Circular Atrium Area
Outside Fox Sports (e20-32)
TOTAL PLANTS
RFP 2013-09-001
Ficus 'Benjamina'
Arboricola Bush
Philodendron - Cordatum
Assortment of Seasonal
Assortment of Seasonal
Behind Security Checkpoints:
28"
Ficus Hybrid 'Benjamina
Wintergreen'
Concourse A
14”
Aglaonema Hybrid
8"
Sanseveria 'Superba'
8”
Arboricola Bush
Concourse B
10”
Janet Craig
10”
Aglaonema Hybrid Jubilee
Concourse C
10”
Sanseveria 'Black Coral'
10"
Janet Craig
10"
Aglaonema Hybrid Jubilee
D-E Connector
17-21"
Ficus Amstel King
Concourse D
17"
Ficus Amstel King
End of Concourse
21"
Ficus Amstel King
28"
Ficus Amstel King
Concourse E
14”
Arboricola Tree
21”
Ficus 'Benjamina'
17”
Ficus 'Benjamina'
21”
Ficus 'Benjamina'
21”
Ficus 'Benjamina'
14”
Sanseveria 'Black Coral'
6”
Aglaonema Silver Queen
Planter
15-24" Fiberglass
Planters
6 built-in planters
18" F/G Rolled Rim-Black
18" F/G Rolled Rim-Black
18" F/G Rolled Rim-Black
2-24" Black Rectangle
One - 8-foot by 30-inch
deep rectangle planter
Two 36-inch round
planters
In Tree Grates
16" F/G Rolled Rim-Black
Built-in planter
Built-in planter
Built-in planter
Built-in planter
Built-in planter
Built-in planter
27" F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
18” F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
27" F/G Rolled Rim-Black
2-24” Br. Silver
Rectangles
463
September 24, 2013
27
Section 5
Insurance Requirements
SECTION FIVE
Insurance Requirements
5.1
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 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.
Company shall purchase insurance, as described in Section 5.2 of the RFP, which shall
include coverage for the contractual liability described herein. In any case in which
Company provides a defense to the City 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.
5.2
Insurance: Throughout the term of the Contract, the Company shall comply with the
insurance requirements described in this Section. In the event the Company fails to
procure and maintain each type of insurance required by this Section, or in the event the
Company fails to provide the City with the required certificates of insurance, the City
shall be entitled to terminate the Contract immediately upon written notice to the
Company.
The Company agrees to purchase and maintain the following insurance coverage during
the life of the Contract with an insurance company acceptable to the City, authorized to
do business in the State of North Carolina:
A) Automobile Liability: Bodily injury and property damage liability covering all owned,
non-owned, and hired automobiles for limits of not less than $1,000,000 bodily injury
each person, each accident; and, $1,000,000 property damage, or $1,000,000
combined single limit each occurrence/aggregate.
B) Commercial General Liability: Bodily injury and property damage liability as shall
protect the Company and any sub-vendor performing work under the Contract from
claims of bodily injury or property damage which arise from performance of the
Contract, whether such work is performed by the Company, any sub-vendor or
anyone directly or indirectly employed by either. The amounts of such insurance
shall not be less than $1,000,000 bodily injury each occurrence/aggregate and
$1,000,000 property damage each occurrence/aggregate or $1,000,000 bodily injury
and property damage combined single limits each occurrence/aggregate. This
insurance shall include coverage for products, services, completed operations,
personal injury liability and contractual liability assumed under the indemnity
provision of the Contract.
C) Workers’ Compensation: Meeting the statutory requirements of the State of North
Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per
policy limit, $100,000 disease each employee limit, providing coverage for
employees and owners.
RFP 2013-09-001
September 24, 2013
28
Section 5
Insurance Requirements
The City shall be named as additional insured under the commercial general liability
insurance for operations or services rendered under this Contract. The Company’s
insurance shall be primary of any self-funding and/or insurance otherwise carried by the
City for all loss or damages arising from the Consultant’s operations under this
agreement. The Company and each of its sub-vendors shall and does waive all rights of
subrogation against the City and each of the Indemnitees, as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Section, and such insurance has
been approved by the City. The Company shall not allow any sub-vendor to commence
work on its subcontract until all similar insurance required of the sub-vendor has been
obtained and approved.
All insurance policies shall be with insurers qualified and doing business in North
Carolina recognized by the Secretary of State and the Insurance Commissioner’s Office.
The Company shall furnish the City with proof of insurance coverage by certificates of
insurance accompanying the Contract and shall name the City as an additional named
insured under the commercial general liability.
Certificates of all required insurance shall contain the provision that the City will be given
(30) days written notice of any intent to amend or terminate by either the insured or the
insuring company. All insurance certificates must include the City’s contract
number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that may
represent a deductible in any insurance policy. The payment of such deductible shall be
the sole responsibility of the Company and/or its sub-vendor providing such insurance.
RFP 2013-09-001
September 24, 2013
29
Section 6
Required Forms – Form One
PROPOSAL SUBMISSION FORM
RFP # 2013-09-001
Indoor Plant Maintenance Services
This Proposal is submitted by:
Company Name: _________________________________________________
Representative (printed):
____________________________________________
Representative (signed): _______________________________________________
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 Service Provider that the Airport reserves the right to
reject any and all RFPs, to make awards on all items or on any items according
to the best interest of the Airport, to waive formalities, technicalities, to recover
and re-issue this RFP. RFPs are valid for ninety (90) calendar days from the
Proposal submission due date.
______________________________________
Company Name
________________________
Date
_____________________________________
Authorized Representative
________________________
Please type or print name
RFP 2013-09-001
30
September 24, 2013
Section 6
Required Forms – Form Two
ADDENDUM ACKNOWLEDGEMENT FORM
RFP # 2013-09-001
Indoor Plant Maintenance Services
Proposal Submission Check List: Confirm by placing a check mark in the space provided
that as the proposer the information listed below has been reviewed and complies with the
submission requirements of this RFP.
(A)
_____ Addenda acknowledgement. Please contact the Airport representative to
verify the number of addenda issued via email at cibailey@cltairport.com.
Addenda Receipt: The following confirms receipt of any and all
addenda issued for this RFP:
Addendum #
___________
___________
___________
Date Issued
__________
__________
__________
(B)
_____ Proposal document has been signed by authorized proposer official.
(C)
_____ Proposal packaging has been properly labeled per the instructions. (See
Section 1.8)
(D)
_____ RFP Required Forms:
1. RFP Submission - Form One
2. Addenda Acknowledgement - Form Two
3. Exceptions Form – Form Two
4. Pricing - Form Three
5. Non-Discrimination Certification - Form Four
6. Service Provider and Insurance Agency Statement – Form Five
7. E-Certify Authorization – Form Six
8. Service Provider Questionnaire (page 26)
9. Sample NC State Soil Test
10. Sample Weekly Maintenance Report
The signature below certifies proposal complies with the requirements of this RFP and that the
above items A through D have been verified as complete.
______________________________________
Company Name
___________________________________
Date
_____________________________________
Signature of Authorized Representative
___________________________________
Print Name of Authorized Representative
RFP 2013-09-001
September 24, 2013
31
Section 6
Required Forms – Form Two
EXCEPTIONS FORM
RFP # 2013-09-001
Indoor Plant Maintenance Services
The undersigned agrees to provide all Products and Services requested in the RFP for the
price(s) set forth in the Pricing Sheet, all in strict conformance with the terms, conditions and
specifications set forth in the RFP (including any addenda or amendments), subject only to the
exceptions stated in the chart below. Exceptions representing material changes to RFP terms
and conditions are grounds for rejection of the Service Provider’s Proposal. List any exceptions
taken to the general specifications provided in Section 4 of this RFP. For each exception,
provide an explanation. If none, state “None”.
RFP Section Number
RFP Section Title
Exception and Proposed Change to RFP
The signature below certifies that: (a) the Service Provider’s Proposal complies with the
requirements of this RFP; (b) that items 1(A) through 1(D) of the above checklist have been
verified as complete, and (c) that the Service Provider takes no exception to the terms of the
RFP other than those listed in the chart contained in this Form.
______________________________________
Company Name
___________________________________
Date
_____________________________________
Signature of Authorized Representative
___________________________________
Print Name of Authorized Representative
RFP 2013-09-001
September 24, 2013
32
Section 6
Required Forms – Form Three
PRICING SHEET
RFP # 2013-09-001
Indoor Plant Maintenance Services
The undersigned proposes to furnish the following items in strict conformance to the RFP
Specifications and requirements issued by the Airport for this RFP. Any exceptions are clearly
marked in the attached copy of Required Forms – Form Two.
Proposals Are Due No Later Than 11:00 a.m., EST - TUESDAY, OCTOBER 15, 2013
YEAR
1
YEAR
2
YEAR
3
Three Year
Contract Total
$
$
$
$
Payment Terms:_____________________ NC Business License #____________________
Insurance: Please sign below confirming your company is able to insure this contract based
upon the insurance requirements (Section 5) required for these services.
Signature: ________________________________
The undersigned hereby certifies the Service Provider has read the terms and conditions of this
RFP document and is authorized to bind the Company to the information herein set forth.
______________________________________
Company Name
__________________________________
Date
_____________________________________
Signature of Authorized Representative
___________________________________
Print Name of Authorized Representative
RFP 2013-09-001
September 24, 2013
33
Section 6
Required Forms – Form Four
NON-DISCRIMINATION PROVISION
FOR ALL CITY CONTRACTS
RFP: 2013-09-001 INDOOR PLANT MAINTENANCE SERVICES
All RFPs issued for City contracts shall include a certification to be completed by the Company
in substantially the following form:
The undersigned Company hereby certifies and agrees that the following information is correct:
1. In preparing the enclosed Proposal, the Company has considered all proposals and
proposals submitted from qualified, potential sub-vendors and suppliers, and has not
engaged in discrimination as defined in Section 2.
2. For purposes of this section, discrimination means discrimination in the solicitation,
selection, or treatment of any sub-vendor, 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 proposal or proposal submitted with this certification, and
terminate any contract awarded based on such proposal or proposals. It shall also constitute
a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject the
Company to any remedies allowed there under, including possible disqualification from
participating in City contracts or RFP processes for up to two years.
4. As a condition of contracting with the City, the Company 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 sub-vendors in connection with this
solicitation process. Failure to maintain or failure to provide such information shall constitute
grounds for the City to reject the proposal or proposals and to any contract awarded on such
proposal or proposals. It shall also constitute a violation of the City’s Commercial NonDiscrimination Ordinance, and shall subject the Company to any remedies that are allowed
there under.
5. As part of its proposal or proposals, the Service Provider shall provide to the City a list of all
instances within the past ten years where a complaint was filed or pending against Service
Provider in a legal or administrative proceeding alleging that Service Provider discriminated
against its sub-vendors, vendors, suppliers, or commercial customers, and a description of
the status or resolution of that complaint, including any remedial action taken.
6. As a condition of submitting a proposal or proposals to the City, the Service Provider 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.
Name of Company:
_____
Name of authorized official:
__ Title:
_____
Signature of authorized official:
_______
_____
Date: _
_______
______
RFP 2013-09-001
September 24, 2013
34
Section 6
Required Forms – Form Five
SERVICE PROVIDER AND INSURANCE AGENT STATEMENT
RFP # 2013-09-001
Indoor Plant Maintenance Services
SERVICE PROVIDER
Please sign below confirming your company is able to insure this contract based upon the
insurance requirements (Section 5) required for these services.
____________
Signature of Service Provider
______
Printed Name of Service Provider
INSURANCE AGENCY
We understand the insurance requirements of this RFP and the evidence of insurability shall be
provided prior to Contract execution. If our client is awarded this Contract, we agree to provide
the City with a thirty (30) day written notice of any intent to amend, terminate, or non-renew
coverage by the insuring company.
Signature of Service Provider’s Agent
Printed Name of Service Provider’s Agent
Name of Agency
Street Address of Agency
City, State & Zip Code of Agency
(Area Code) Telephone Number of Agent/Agency
E-Mail Contact Information of Agent/Agency
RFP 2013-09-001
September 24, 2013
35
Section 6
Required Forms – Form Six
E-VERIFY CERTIFICATION
RFP # 2013-09-001
Indoor Plant Maintenance Services
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 (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. It also means any revisions
or successor programs to E-Verify that may be adopted in the future.
b.
North Carolina law requires employers that employ 25 or more employees and
transact business in North Carolina to use E-Verify to verify the work authorization of
each employee who will be performing work in North Carolina, and to ensure that
their subcontractors do the same.
2. Does Company have 25 or more employees? (mark Yes or No)
a. YES _____, or
b. NO _____
If Company does not have 25 or more employees, then the rest of this Certification does not
apply.
3. If Company does have 25 or more employees, then in accordance with Article 2 of Chapter
64 of the North Carolina General Statutes, Company certifies that each of the following
requirements (collectively, the “E-Verify Requirements”) has been met or will be met:
(a)
Company has verified through E-Verify or will verify through E-Verify the work
authorization of each employee who is or will be performing work in North Carolina;
and
(b). Company will ensure that each subcontractor that will be performing work on the
Contract (collectively “Subcontractors”) has verified through E-Verify or will verify
through E-Verify the work authorization of each employee of such Subcontractor
who is or will be performing work in North Carolina.
4. Company acknowledges that the City is relying on this Certification in entering into the
Contract, and that the City may incur expenses and damages if Company or any of the
Subcontractors fails to comply with the E-Verify Requirements. As a condition of being
considered for the Contract, Company agrees to indemnify and save the City harmless from
RFP 2013-09-001
September 24, 2013
36
Section 6
Required Forms – Form Six
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 the Subcontractors,
including without limitation any Losses incurred as a result of the Contract being deemed
void.
_____
Signature of Company’s Authorized Representative
_____________________
Date
_______
Print Name of Company’s Authorized Representative
RFP 2013-09-001
September 24, 2013
37
Section 7
______Required Pre-Qualification Submission Requirements
PRE-QUALIFICATION REQUIREMENTS
RFP # 2013-09-001
Indoor Plant Maintenance Services
Service Providers interested in providing this Service to the Airport, must pre-qualify in
order to submit a proposal. Prospective companies must meet or exceed the following
criteria in order for Proposal to be considered by the City – Aviation Department.
Proposals from companies not pre-qualified or not meeting pre-qualification
requirements will not be accepted, considered or opened.
Company must be provide evidence of experience as a prime contractor for commercial indoor
plant maintenance services that are similar in size and scope for this RFP.
RFP PRE-QUALIFICATION AND DOCUMENTATION SUBMISSION REQUIREMENTS:
A. Company must have at least three (3) years' experience providing services of similar
scope and size to those required by this RFP and must be able to demonstrate upon
request that it has satisfactorily performed services similar to the services. The City –
Aviation Department shall be the sole judge as to whether the referenced services
performed are similar to the scope of services contained herein and whether or not a
Company is capable of performing the requested services.
B. Company must provide evidence as an established, qualified Service Provider regularly
engaged in the type of business necessary to fulfill the RFP service requirements.
Company shall provide an appropriate number of supervised, trained, and skilled
employees to perform the services required under the RFP.
C. Evidence of a contract with a minimum of 400 indoor plants at one facility.
D. Local office in Charlotte, North Carolina region (Include full address)
E. NC business license
F. Horticultural or related services certificate or degree
G. PLANET certification
H. Company – North Carolina pesticide license(s) – Company
I.
Supervisor and/or On-Site Crew Member(s) – North Carolina pesticides license(s)
The City reserves the right to inspect the Service Provider’s current place of business to
evaluate plant maintenance condition, capabilities, staff experience, training and capabilities as
they relate to the performance of this RFP. References should include projects undertaken in
the past three (3) years along with name(s) and telephone number(s) of the client’s Project
Manager.
REFERENCES: Please list three (3) references with the following three (3) criteria below:
1. Commercial company.
2. Local to Charlotte, North Carolina.
3. Service Provider has been providing indoor plant maintenance for over three (3) years
for each facility.
RFP 2013-09-001
September 24, 2013
38
Section 7
______Required Pre-Qualification Submission Requirements
PRE-QUALIFICATION REFERENCE DOCUMENT
RFP # 2013-09-001
Indoor Plant Maintenance Services
PROPOSING SERVICE PROVIDER NAME: ________________________________________
1. Company, Facility and/or Location Name:_______________________________________
Company Address: ____________________________________________________________
City & State: __________________________________________________________________
Point-of-contact name: ___________________ Phone number: _________________________
Point-of-contact email address: ___________________________________________________
Length of time servicing this account: ______________________________________________
Type of service performed: ______________________________________________________
Number of indoor plants serviced at this site: ________________________________________
2. Company, Facility and/or Location Name: ______________________________________
Company Address: ____________________________________________________________
City & State: _________________________________________________________________
Point-of-contact name: ___________________ Phone number: _________________________
Point-of-contact email address: ___________________________________________________
Length of time servicing this account: ______________________________________________
Type of service performed: ______________________________________________________
Number of indoor plants serviced at this site: ________________________________________
3. Company, Facility and/or Location Name: ______________________________________
Company Address: ____________________________________________________________
City & State: _________________________________________________________________
Point-of-contact name: ___________________ Phone number: _________________________
Point-of-contact email address: ___________________________________________________
Length of time servicing this account: ______________________________________________
Type of service performed: ______________________________________________________
Number of indoor plants serviced at this site: ________________________________________
RFP 2013-09-001
September 24, 2013
39