Date: March 31, 2014
ITB Number: 2014-03-001
Charlotte Douglas International Airport’s
Invitation to Bid
for
Annual Inspection and Maintenance of Fire Extinguishers
Schedule
DATE
EVENT
(a) March 31, 2014
Issuance of Invitation to Bid (“ITB) by Charlotte Douglas
International Airport (“Airport”).
(b) April 7, 2014 by 11:00 am
Submission of Written Clarification Questions
(c) NONE
Pre-Bid Conference.
(d) April 21, 2014 by 11:00 AM
Bid Submission.
(e) April 21. 2014
Bid Opening
(h) May, 1, 2014
Company begins providing the Work.
Section 1: Instructions to Bidders
1.1
Review and Comply. The ITB consists of the following components:
Section1:
General instructions and special conditions that apply to this bid process
and procurement.
Section 2:
The forms that a Bidder is required to complete and return as its Bid
(called the “Bid Response Forms”)
Section 3:
A contract substantially similar to the final contract the successful Bidder
will be expected to sign, including Exhibit A, the details for the entire
scope of work falling under this ITB (the “Specifications”).
Each reference to this ITB includes all components listed above as well as any addenda
provided by the Airport. Please review each section carefully. Bidders will be held
accountable for having full knowledge of the contents of this ITB and for performing any
due diligence that may be necessary to submit a binding Bid.
1.2
Definitions.
(A) Airport shall mean Charlotte Douglas International Airport
(B) Bid shall mean the response to this ITB completed on the Bid Response Forms.
(C) Bid Response Forms shall mean the forms attached hereto in Section 2 and
submitted as the response to this ITB.
(D) Bidder shall mean an individual or entity submitting a Bid to this ITB.
(E) City shall mean the City of Charlotte.
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(F) Company shall mean the successful Bidder.
(G) Contract shall mean the terms and conditions under which the Company shall
provide the Work.
(H) ITB shall mean Invitation to Bid.
(I) Procurement Manager shall mean the Airport employee identified in Section 1.7 and
who is responsible for the facilitation of this solicitation process.
(J) Project Manager shall mean the Airport or Company employee who is the point of
contact under this Contract.
(K) Specifications shall mean the scope and details of the Work that the Company will
provide under the Contract.
(L) Work shall mean the actual products and/or services provided in compliance with the
Specifications and under this Contract.
1.3
ITB Not an Offer. This ITB does not constitute an offer by the Airport. No
recommendations or conclusions from this bid process shall constitute a right (property
or otherwise) under the Constitution of the United States or under the Constitution, case
law, or statutory law of North Carolina.
1.4
Binding Offer. Each Bid submitted in response to this ITB constitutes a firm offer that is
binding for ninety (90) days from the date of the Bid opening and must comply with all
terms, conditions and requirements stated in this ITB, except to the extent the Bidder
takes exception to such provisions in the manner required by Section 1.13.
1.5
Addendum. Any changes to the terms, conditions or requirements of this ITB will be
documented in written addendum issued by the Airport. These addenda will be posted
as detailed in Section 1.7. The receipt of each addendum must be acknowledged using
the space provided on Form 2 in Section 2. The Airport will not consider any Bid that
fails to acknowledge receipt of each issued addendum.
1.6
Pre-Bid Conference. When a Pre-Bid Conference is scheduled, as reflected above, the
meeting will be held at the Airport’s CLT Center, 5601 Wilkinson Boulevard, Charlotte,
N.C. 28208. Regardless of if the conference is mandatory or non-mandatory, all Bidders
are encouraged to attend. If special accommodations are required for attendance,
please notify the Procurement Manager as listed in Section 1.7.
1.7
Questions. The Airport is committed to providing all prospective Bidders with accurate
and consistent information in order to ensure that no Bidder obtains an unfair
competitive advantage. To this end, from the date of this ITB until the time of the Bid
opening, no interpretation or clarification of the meaning of any part of this ITB will be
made orally to any prospective Bidder with the exception of questions answered at any
pre-bid conference. Requests for information or clarification of this ITB must be made in
writing and addressed to the Procurement Manager at the address, or email listed
below, with email being the preferred method of communication. Questions should
reference the ITB page and topic number. All Questions must be submitted by the dates
referenced in the schedule on the first page of this ITB.
Crystal Bailey - ITB # 2014-03-002
Charlotte Douglas International Airport - CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
Email: cibailey@cltairport.com
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The Airport will post answers to timely submitted questions posed by prospective
Bidders and other information concerning this ITB on the Airport’s Advertisements for
Bids and Proposals website, located at the address below. ITB information can be
accessed by searching the website for the ITB number listed on the first page of this ITB.
http://charmeck.org/city/charlotte/Airport/AboutCLT/Pages/AdsForBids.aspx
It is the responsibility of the prospective Bidder to check the website for any
addenda issued for this ITB. The Airport reserves the right to disqualify any
prospective Bidder who contacts an Airport employee, or agent concerning this ITB,
other than in accordance with this Section.
1.8
How to Prepare Bid Responses. All Bids shall be prepared as follows:
(A) Complete all forms provided in Section 2. All responses must be submitted solely
on these forms.
(B) Bid responses must be typewritten or completed in ink, signed by the Bidder or the
Bidder’s authorized representative. All erasures or corrections must be initialed and
dated by the authorized representative who signs the Bid forms on behalf of the
Bidder.
(C) Bids must be accompanied by accurate descriptions of the exact materials, supplies,
vehicles and/or equipment offered for purchase, including any detailed information as
requested in Exhibit A of the Contract, located in Section 3 of this ITB.
1.9
How to Submit Bid Responses. All Bidders shall:
(A) Submit their Bid in a sealed opaque envelope with the following information written
on the outside of the envelope”
(1) The Bidder’s company name;
(2) The ITB number as indicated on the first page of this ITB; and
(3) Identification of the Work for which the Bid is submitted as indicated on the first
page of the ITB
(B) No Bidder shall submit more than one Bid unless multiple or alternative bids are
requested in Exhibit A of the Contract, located in Section 3 of this ITB. Any multiple
or alternative bids must be brought to the Airport’s attention either during the pre-bid
conference or submitted in writing at least five (5) days prior to the Bid opening.
(C) Mail or deliver one (1) unbound original Bid signed in ink by a company official
authorized to make a legal and binding offer and two (2) copies plus one (1)
electronic copy on a CD or Flash Drive in PDF or Word format to the address listed
below, by the date and time listed in the schedule on the first page of this ITB. Any
Bid not submitted per the requirements of this Section will be considered nonresponsive and will not be considered.
Mail or Deliver to:
Charlotte Douglas International Airport - CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
Attn: Crystal Bailey
1.10
Guarantor. If the Bidder is a subsidiary of another entity, the Airport requires that the
Bidder’s parent entity provide a guarantee of payment of all of the Bidder’s obligations
under the Contract. The Airport also may require from any Bidder a guaranty from
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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another entity, other than the parent, where applicable, if the Airport concludes that such
guaranty would be beneficial to protect the Airport’s interest. If a guarantor is required,
the Bidder must: (a) identify a guarantor that is acceptable to the Airport, (b) provide the
Airport with the same financial information about the guarantor that the Bidder is
required to provide about itself under this ITB; and (c) provide the Airport with a signed,
legally binding guaranty agreement from the approved guarantor that is acceptable to
the Airport in its sole discretion. Failure to comply with the foregoing shall be grounds
for rejection of the Bidder’s Bid.
1.11
Prompt Payment Discounts. Bidders are urged to compute all discounts into the price
offered. If a prompt payment discount is offered, it will not be considered in the award of
the Contract except as a factor to aid in resolving cases of identical prices.
1.12
Ownership and Public Record. All Bids and supplementary material provided as part
of this process will become property of the Airport upon submission. Bidders are
advised that all information included in the materials provided may become available to
the public under North Carolina’s Public Records Law. Bidders may designate
information confidential that is a trade secret or confidential under North Carolina
Statute. However, improperly designated material in a Bid may result in the entire bid
being disqualified. In submitting a Bid, each Bidder agrees that the Airport may reveal
any trade secrets or confidential information to Airport staff, consultants or third parties
assisting with this ITB and resulting Contract.
1.13
How to Submit an Exception. If the Bidder wants to take an exception to the
Specifications as stated in Exhibit A to the Contract included in Section 3 of this ITB,
the Bidder must clearly identify in Form 2 each of the following:
(A) the number and title of each section of the Specifications that the Bidder takes
exception to;
(B) the specific sentence within such section that the Bidder takes exception to; and
(C) any alternative provision proposed by the Bidder.
Bidders are reminded that a material variance from the terms of this ITB may result in
the Bid being rejected by the Airport.
1.14
How to Submit an Objection. When a Bidder has an objection to the terms and
conditions of this ITB or to the Contract as included in Section 3, the Bidder may submit
such objection by doing the following:
(A) When a pre-bid conference is scheduled, the Bidder should either present their
objection at that time (either verbally or in writing), or submit a written objection prior
to the scheduled pre-bid conference.
(B) When a pre-bid conference is not scheduled, Bidders must submit objections in
writing no later than the deadline to submit questions as stated in the scheduled on
the first page of this ITB.
(C) Except for objections raised at the pre-bid conference, all objections must be
directed to the Procurement Manager.
(D) Failure to object in the manner specified in this Section shall constitute a waiver of
any objections the Bidder may have to the terms and conditions or to anything that
occurred during this ITB process.
1.15
No Collusion or Conflict of Interest. By responding to this ITB, the Bidder shall be
deemed to have represented and warranted that the Bid is not made in connection with
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any competing Bidder submitting a separate response to this ITB, and is in all respects
fair and without collusion.
1.16
Airport’s Rights and Options. Airport reserves the following rights, which may be
exercised at the sole discretion of the Aviation Director, or his designee:
(A) to supplement, amend, substitute or otherwise modify this ITB at any time;
(B) to cancel this ITB with or without the substitution of another ITB;
(C) to take any action affecting this ITB, the ITB process, or the Work or facilities subject
to this ITB that would be in the best interest of the Airport;
(D) to issue additional requests for information;
(E) to require one or more Bidders to supplement, clarify or provide additional
information in order for the Airport to evaluate the Bids submitted;
(F) to conduct investigations with respect to the qualifications and experience of each
Bidder;
(G) to change the Bid opening date or any other dates relevant to the ITB;
(H) to waive any defect or irregularity in any Bid received;
(I) to reject any or all Bids;
(J) to request the successful Bidder to provide samples of each item requested under
this ITB prior to the award of the Contract. Samples will be retained by the Airport for
comparison with items delivered under the Contract.
(K) to award all, none, or any part of the items that is in the best interest of the Airport,
with one or more of the Bidders responding, which may be done with or without resolicitation; and
(L) to enter into any agreement deemed to be in the best interest of the Airport, with one
or more of the Bidders responding.
1.17
Equal Opportunity. The Airport has an equal opportunity purchasing policy that seeks
to ensure that all segments of the business community have access to supplying the
goods and services needed by Airport programs. The Airport provides equal opportunity
for all businesses and does not discriminate against any Bidders regardless of race,
color, religion, age, sex, national origin or disability.
1.18
City License Requirement. A current City or Mecklenburg County Business License is
required for the successful Bidder who either personally or through agents, solicits
business within the City limits, or picks up or delivers goods or services within the City
limits. All questions regarding licensing should be directed to the Business Tax
Collections Office, 704.336.6315.
1.19
Award Criteria. The Airport reserve the right to award a Contract to the lowest
responsive responsible Bidder taking into consideration vendor qualification and
experience, quality, delivery, workmanship, services, facility requirements, inventory
control and reporting. The Airport reserves the right to reject any Bid, without limitation,
on the basis of function, compatibility with user requirements, utility and cost.
1.20
Bids on All or Part. Unless otherwise specified by the Airport or by the Bidder, the
Airport reserves the right to make award on all or part of the items to be purchased or
the services needed. Bidders may restrict their bids to consideration in the aggregate by
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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so stating in the Bid. However, bids restricted to consideration in the aggregate must
also include a unit price on each item bid.
1.21
Multiple Contract Awards. The Airport reserves the right to award multiple contracts
for the Work required by this ITB if the Airport deems multiple contracts to be in its best
interest.
1.22
Anti-lobbying Provision. Maintaining the integrity of its ITB process is of paramount
importance to the Airport. To this end, each Bidder is asked to voluntarily refrain from
contacting any members of the City of Charlotte’s (“City") City Council until the award of
the Contract is presented for their approval.
1.23
Contract Award by City Council. N/A
1.24
Post Award Conference. A post-award conference may be scheduled as soon as
practical after the award of the Contract. The Company shall attend the conference
along with the Company’s prospective Project Manager and any anticipated major
subcontractors, and shall provide at such conference a written schedule for the delivery
of any Work for which no delivery dates have been specified in this ITB. The Company
shall provide at least two (2) local telephone numbers that may be used to contact the
Company’s authorized representative in the event of an emergency after normal
business hours.
1.25
Notice to Proceed. The successful Bidder shall not commence work or make shipment
under this ITB until duly notified by receipt of the executed Contract from the Airport. If
the successful Bidder commences work or makes shipment prior to that time, such
action is taken at the Bidder’s risk, without any obligation of reimbursement by the
Airport.
1.26
Options and Accessories. The Airport may in its discretion purchase from the
successful Bidder options and accessories beyond what is called for in Exhibit A to the
Contract in Section 3 of this ITB, provided that such purchase does not create
unfairness so as to defeat the purpose of the bid statutes.
1.27
E-Verify. Each bid shall be accompanied by an E-Verify Certification in the form set
forth in Section 2 Form Seven. Bidder understands that E-Verify refers to the federal
E-Verify program operated by the U.S. Department of Homeland Security to verify the
work authorization of newly hired employees pursuant to federal law and in compliance
with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
Bidder is required by federal and state law to comply with the E-Verify program and
ensure compliance by any subcontractor hired by the Bidder to perform any portion of
the Work under this ITB.
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Section 2: Bid Response Forms
FORM ONE
BIDDER SUBMISSION FORM
BID # 2014-03-002
Annual Inspection and Maintenance of Fire Extinguishers
This Bid is submitted by:
Company Name: _________________________________________________
Representative (printed):____________________________________________
Address:
________________________________________________________
________________________________________________________
City/State/Zip: ________________________________________________________
Telephone:
________________________________________________________
(Area Code) Telephone Number
Facsimile:
________________________________________________________
(Area Code) Fax Number
E-Mail Address: ______________________________________________________
State of Incorporation: _________________________________________________
Business Type:
Corporation
Partnership
Sole Proprietorship
Joint Venture
Limited Liability Corporation
Other (Specify)
It is understood by the Bidder that the Airport reserves the right to reject any and all
Bids, to make awards on all items or on any items according to the best interest of the
Airport, to waive formalities, technicalities, to rescind and re-bid this ITB. Bids are valid
for ninety (90) calendar days from Bid opening.
______________________________________
Company Name
________________________
Date
_____________________________________
Authorized Signature
________________________
Please type or print name
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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FORM TWO
ADDENDUM ACKNOWLEDGEMENT
BID # 2014-03-002
Annual Inspection and Maintenance of Fire Extinguishers
Bid Submission Check List: Confirm by placing a check mark in the space provided that as
the Bidder the information listed below has been reviewed and compiled with in the submission
of a response to this ITB.
(A)
_____ Addenda acknowledgement. Please contact the Aviation Procurement Manager
to verify the number of addenda issued via email at cibailey@cltairport.com.
Addenda Receipt: The following confirms receipt of any and all addenda issued
for this ITB:
Addendum #
___________
___________
___________
Date Issued
__________
__________
__________
(B)
_____ Bid document has been signed by authorized Bidder official.
(C)
_____ Bid package has been properly labeled per the instructions. (See Section 1.8)
(D)
_____ Bid Response Package Forms
1.
2.
3.
4.
5.
6.
Bid Submission - Form One
Addenda Acknowledgement - Form Two
Exceptions Form – Form Three
Pricing - Form Four
Non-Discrimination Certification - Form Five
E-Verify Certification – Form Six
The signature below certifies the Bid response complies with the requirements of this ITB and
that the above items A through D have been verified as complete. The Bidder further
represents that it has read and can comply with all terms of the Contract, including without
limitation, the insurance requirements.
______________________________________
________________________
Company Name
Date
_____________________________________
________________________
Authorized Signature
Please type or print name
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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FORM THREE
EXCEPTIONS FORM
BID # 2014-03-002
Annual Inspection and Maintenance of Fire Extinguishers
All Work requested in the ITB must be provided for the price(s) set forth in the Form 4, in strict
conformance with the terms, conditions and specifications set forth in the ITB (including any
addenda or amendments), subject only to the exceptions stated in the chart below. Exceptions
representing material changes to the ITB’s terms are grounds for rejection of the Bid. List any
exceptions taken to the ITB terms or the general specifications provided in Exhibit A in Section
3. For each exception, provide an explanation. If none, state “None”.
ITB Section Number
ITB Section Title
Exception and Proposed Change to ITB
The signature below certifies that: (a) the Bid complies with the requirements of this ITB; and (b)
that the Bidder takes no exception to the terms of the ITB other than those listed in the chart
contained in this Form.
______________________________________
________________________
Company Name
Date
_____________________________________
________________________
Authorized Signature
Please type or print name
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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FORM FOUR
PRICING SHEET
BID # 2014-03-002
Annual Inspection and Maintenance of Fire Extinguishers
Instructions:
•
•
If your bid includes price increases over the term of the Contract, such increases must be
clearly designated below.
In case of error in extension of prices in the bid, the unit prices, where available, shall
govern.
The undersigned proposes to furnish the following items in strict conformance to the
Specifications and the ITB.
PRICING WORKSHEET CAN BE FOUND AT THE END OF THE DOCUMENT
An Excel of the Pricing Worksheet may be obtained via email request to cibailey@cltairport.com.
NC Business License #____________________, City Business License #_______________,
(or) Mecklenburg County Business Licenses #: _____________
The undersigned hereby certifies the Bidder has read the terms of this ITB and is authorized to
bind the firm to the information herein set forth. Further the Bidder certifies that in connection
with this procurement:
1. The prices in this bid 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 Bidder or with any competitor; and
2. Unless otherwise required by law, the Bidder has not knowingly disclosed the prices that
have been quoted in this bid directly or indirectly to any other Bidder or to any competition
prior to the opening of the bid.
3. No attempt has been made or will be made by the Bidder to induce any other person or firm
to submit or not to submit a bid for the purpose of restricting competition.
______________________________________
________________________
Company Name
Date
_____________________________________
________________________
Authorized Signature
Please type or print name
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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FORM FIVE
NON-DISCRIMINATION PROVISION
FOR ALL CITY CONTRACTS
BID #:2014-03-002 - Annual Inspection and Maintenance of Fire Extinguishers
The undersigned Bidder hereby certifies and agrees that the following information is correct:
1. In preparing the enclosed Bid, the Bidder has considered all bids submitted from qualified,
potential subcontractors and suppliers, and has not engaged in discrimination as defined in
Section 2 below.
2. For purposes of this section, discrimination means discrimination in the solicitation,
selection, or treatment of any subcontractor, vendor, supplier or commercial customer on the
basis of race, ethnicity, gender, age, religion, national origin, disability or any otherwise
unlawful form of discrimination. Without limiting the foregoing, discrimination also includes
retaliating against any person or other entity for reporting any incident of discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is
understood and agreed that, if this certification is false, such false certification will constitute
grounds for the City to reject the Bid submitted with this certification, and terminate any
contract awarded based on such Bid. It shall also constitute a violation of the City’s
Commercial Non-Discrimination Ordinance and shall subject the Bidder to any remedies
allowed there under, including possible disqualification from participating in City contracts or
solicitation processes for up to two years.
4. As a condition of contracting with the City, the Bidder agrees to promptly provide to the City
all information and documentation that may be requested by the City from time to time
regarding the solicitation and selection of suppliers and subcontractors in connection with
this solicitation process. Failure to maintain or failure to provide such information shall
constitute grounds for the City to reject the Bid and to any contract awarded on such Bid. It
shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance, and
shall subject the Bidder to any remedies that are allowed there under.
5. As part of its Bid, the Bidder shall provide to the City a list of all instances within the past ten
years where a complaint was filed or pending against Bidder in a legal or administrative
proceeding alleging that Bidder discriminated against its subcontractors, vendors, suppliers,
or commercial customers, and a description of the status or resolution of that complaint,
including any remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder agrees to comply with the City’s
Commercial Non-Discrimination Policy as described in Section 2, Article V of the Charlotte
City Code, and consents to be bound by the award of any arbitration conducted there under.
______________________________________
Company Name
________________________
Date
_____________________________________
Authorized Signature
________________________
Please type or print name
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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FORM SIX
E-VERIFY CERTIFICATION
BID #:2014-03-002 - Annual Inspection and Maintenance of Fire Extinguishers
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, as modified from time to
time.
b.
Article 2 of Chapter 64 of the North Carolina General Statutes requires employers
that transact business in this state and employ 25 or more employees in this state to:
(i) verify the work authorization of employees who will be performing work in North
Carolina through E-Verify; and (ii) maintain records of such verification (the “E-Verify
Requirements”).
c. North Carolina General Statute 160A-20.1(b) prohibits the City from entering into
contracts unless the contractor and all subcontractors comply with the E-Verify
Requirements.
2. As a condition of being considered for the Contract, Company certifies that:
a. If Company has 25 or more employees working in North Carolina (whether now or at
any time during the term of the Contract), Company will comply with the E-Verify
Requirements in verifying the work authorization of Company employees working in
North Carolina; and
b. Regardless of how many employees Company has working in North Carolina,
Company will take appropriate steps to ensure that each subcontractor performing
work on the Contract that has 25 or more employees working in North Carolina will
comply with the E-Verify Requirements.
3. Company acknowledges that the City will be relying on this Certification in entering into the
Contract, and that the City may incur expenses and damages if the City enters into the
Contract with Company and Company or any subcontractor fails to comply with the E-Verify
Requirements. Company agrees to indemnify and save the City harmless from and against
all losses, damages, costs, expenses (including reasonable attorney’s fees) obligations,
duties, fines and penalties (collectively “Losses”) arising directly or indirectly from violation of
the E-Verify Requirements by Company or any of its subcontractors, including without
limitation any Losses incurred as a result of the Contract being deemed void.
______________________________________
________________________
Company Name
Date
_____________________________________
________________________
Authorized Signature
Please type or print name
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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Section 3: Contract
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT NO. __________
CONTRACT TO PROVIDE
[Insert Title of Work]
This Contract (the “Contract”) is entered into as of this [insert Date] (the “Effective Date”), by
and between [insert Company name], a [insert type of company] registered under the laws
of the State of [insert state] and doing business in North Carolina (the “Company”), and the
City of Charlotte, a municipal corporation of the State of North Carolina (the "City").
Statement of Background and Intent
A. The City is the owner and operator of the Charlotte Douglas International Airport
(“Airport”); and
B. The City issued An Invitation to Bid dated [insert date] requesting bids from qualified
firms to provide the City with [insert product/service description] hereafter referred to
as the "Work". This Invitation to Bid, together with all attachments and any amendments,
is referred to herein as the “ITB"; and
C. The Company submitted a bid in response to ITB on [insert date]. This bid, together
with all attachments is referred to herein as the “Bid”; and
D. The Company wishes to provide the Work to the City in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, and in further consideration of the covenants and conditions
contained in this Contract, the parties agree as follows:
AGREEMENT
1. INCORPORATION OF EXHIBITS. The following Exhibits are attached to the Contract and
incorporated into and made a part of this Contract by reference:
Exhibit A: Specifications
Exhibit B: Bid
Any conflict between language in an Exhibit and the Contract shall be resolved in favor of
the main body of this Contract. Each reference to [insert company name] in the Exhibits
shall be deemed to mean the Company.
2. DEFINITIONS. The following terms shall have the following meanings for purposes of this
Contract (including all Exhibits):
2.1.
Airport shall mean Charlotte Douglas International Airport
2.2.
Background Checks shall have the meaning set forth in Section 24 below.
2.3.
Change shall have the meaning set forth in Section 27.5 below.
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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2.4.
Bid shall mean the response to this ITB completed on the Bid Response Forms.
2.5.
City shall mean the City of Charlotte.
2.6.
Company shall mean the successful Bidder.
2.7.
Contract shall mean the terms and conditions under which the Company shall
provide the Work.
2.8.
E-Verify Requirements shall have the meaning set forth in Section 27.19 below.
2.9.
Effective Date shall mean the date set forth in the first paragraph above.
2.10.
Exhibits shall mean the documents specified in Section 1 and attached and
incorporated into the Contract.
2.11.
ITB shall mean Invitation to Bid.
2.12.
Project Manager shall mean the Airport or Company employee who is the point of
contact under this Contract.
2.13.
Specifications shall mean the scope and details of the Work set forth in Exhibit A
that the Company will provide under the Contract.
2.14.
Work shall mean the actual products and/or services provided in compliance with the
Specifications and under this Contract.
3. TERM. The term of the Contract will be for [insert term] from the Effective Date [with an
option to renew for two (2) additional one-year terms]. The Contract may be extended
only by a written amendment to the Contract signed by both parties.
4. COMPENSATION.
The Company shall provide the Work in accordance with the
Specifications set forth in Exhibit A to this Contract. The City shall pay the Company for the
Work delivered in compliance with the Specifications and at the prices and frequency set
forth in Exhibit B. The maximum amount of the Contract shall not exceed [insert dollar
amount in words] ($[insert amount in numbers]) This amount constitutes the maximum
fees and charges payable by the Company in the aggregate under this Contract and will not
be increased except by a written amendment duly executed by both parties. The Company
shall not be entitled to charge the City ant prices, fees or other amounts that are not listed in
Exhibit B.
5. BILLING. Each invoice sent by the Company shall include all reports, information and data
required by this Contract (including the Exhibits) necessary to entitle the Company to the
requested payment and shall be provided by the Company to the City at the frequency set
forth in Exhibit A. The Company shall send one (1) copy only of each invoice using one of
the following options:
1. Option 1 – E-mail one copy of each invoice to cocap@charlottenc.gov. Company shall
not mail invoices that have been sent via e-mail.
2. Option 2 – Mail one copy of each invoice to:
City of Charlotte- Accounts Payable
P.O. Box 37979
Charlotte, NC 28237-37979
Attn: Aviation
The City is not tax exempt from sales tax. The Company shall include all applicable State
and County sales taxes on the invoice and not combined with the cost of the goods.
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Payment of invoices shall be due within thirty (30) days after the City has received all of the
following: (a) an accurate, properly submitted invoice, (b) all reports due for the month
covered by the invoice; and (c) any other information reasonably requested by the City to
verify the charges contained in the invoice.
6. GENERAL WARRANTIES. Company represents and warrants that:
6.1
It is a legal entity, validly existing and in good standing under the laws of the State of
[insert state], and is qualified to do business in North Carolina;
6.2
It has all the requisite corporate power and authority to execute, deliver and perform
its obligations under this Contract;
6.3
The execution, delivery, and performance of this Contract have been duly authorized
by Company;
6.4
No approval, authorization or consent of any governmental or regulatory authority is
required to be obtained or made by it in order for it to enter into and perform its
obligations under this Contract;
6.5
In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations, including but not limited to EVerify and shall obtain and provide to the City all applicable permits and licenses
within ten (10) days of the Company receiving notice of award and within twenty-four
(24) hours of demand at any time during the term; and
6.6
The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
6.7
The Work shall comply with all requirements set forth in this Contract, including but
not limited to the attached Exhibits;
6.8
The Company guarantees the materials and workmanship on all materials and
services provided under the Contract and that it will fix any defects at its own
expense that are discovered during the guarantee period at the time designated by
and to the satisfaction of the Airport;
6.9
All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a
professional and workmanlike manner by staff with the necessary skills, experience
and knowledge; and
6.10
The Work provided by the Company under this Contract will not infringe or
misappropriate any patent, copyright, trademark or trade secret rights of any third
party.
7. INDEMNIFICATION. The Company shall indemnify, defend and hold harmless the City and
the City’s officers, agents and employees from and against any and all claims, losses,
damages, obligations, liabilities and expenses, including but not limited to attorneys' fees,
arising out of or resulting from Company’s performance under this Contract, except to the
extent that the claims, losses, damages, obligations, liabilities and expenses are caused by
the sole negligence of the City, or the City’s officers, agents and employees. Such liabilities
shall include those arising from a violation of any federal, state or local law, regulation or
ordinance by the Company or any of its subcontractors (including without limitation E-Verify
or other immigration laws). Company shall purchase insurance, as described in Section 9 of
the Contract, which shall include coverage for the contractual liability described herein. In
any case in which Company provides a defense to the City pursuant to this indemnity, the
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defense will be provided by attorneys reasonably acceptable to the City. This provision shall
survive the expiration or early termination of the Contract.
8. INSURANCE. The Company shall obtain and maintain during the life of the Contract, with
an insurance company rated not less than A by A.M. Best, authorized to do business in the
State of North Carolina the following insurance:
8.1.
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 - bodily injury and property damage. Where the company will
have driving privileges on the AOA, these limits increase to $5,000,000.
8.2.
Commercial General Liability. Insurance with a limit of not less than $1,000,000 per
occurrence or in the aggregate including coverage for bodily injury, property damage,
products and completed operations, personal injury liability and contractual liability.
8.3.
Worker’s Compensation and Employers Liability. The Company shall meet the
statutory requirements of the State of North Carolina and any applicable Federal
laws.
The City shall be listed as an additional insured under the commercial general liability
insurance for operations or services rendered under this Contract.
The Company shall not commence any work in connection with this Contract until it has
obtained all of the foregoing types of insurance and proof of such insurance have been
submitted to the Airport and all insurance has been approved.
9. OTHER INSURANCE REQUIREMENTS.
9.1.
The City shall be exempt from, and in no way liable for any sums of money, which
may represent a deductible in any insurance policy. The payment of such deductible
shall be the sole responsibility of the Company and/or subcontractor providing such
insurance.
9.2.
The City shall be named as an additional insured for operations or services rendered
under the general liability coverage. 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 Company operations under this Contract.
9.3.
Certificates of such insurance will be furnished to the City and shall contain the
provision that the City be given thirty (30) days written notice of any intent to amend
or terminate by either the insured or the insuring company.
9.4.
Should any or all of the required insurance coverage be self-funded/self-insured, a
copy of the Certificate of Self-Insurance or other documentation from the North
Carolina Department of Insurance shall be furnished.
9.5.
If any part of the work under the Contract is sublet, the subcontractor shall be
required to meet all insurance requirements set forth in the Contract. Nothing
contained herein shall relieve the Company from meeting all insurance requirements
or otherwise being responsible for the subcontractor.
10. TERMINATION.
10.1.
TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any
time without cause by giving thirty (30) days written notice to the Company.
10.2.
TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the
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other party, either party may terminate this Contract upon the occurrence of one or
more of the following events:
10.3.
10.2.1.
The other party violates or fails to perform any covenant, provision,
obligation, term or condition contained in this Contract, provided that,
unless otherwise stated in this Contract, such failure or violation shall not
be cause for termination if both of the following conditions are satisfied: (i)
such default is reasonably susceptible to cure; and (ii) the other party cures
such default within thirty (30) days of receipt of written notice of default
from the non-defaulting party; or
10.2.2.
The other party attempts to assign, terminate or cancel this Contract
contrary to the terms hereof; or
10.2.3.
The other party ceases to do business as a going concern, makes an
assignment for the benefit of creditors, admits in writing its inability to pay
debts as they become due, files a petition in bankruptcy or has an
involuntary bankruptcy petition filed against it (except in connection with a
reorganization under which the business of such party is continued and
performance of all its obligations under this Contract shall continue), or if a
receiver, trustee or liquidator is appointed for it or any substantial part of
other party’s assets or properties.
10.2.4.
Any notice of default pursuant to this Section shall identify and state the
party’s intent to terminate this Contract if the default is not cured within the
specified period.
ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving
written notice to the Company, the City may also terminate the Contract upon the
occurrence of one or more of the following events (which shall each constitute
grounds for termination without a cure period and without the occurrence of any of
the other events of default previously listed):
10.3.1. The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information in
connection with the ITB, the Bid, or any covenant, agreement, obligation,
term or condition contained in this Contract; or
10.3.2. The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of this Contract, including but not
limited to failure to obtain or maintain the insurance policies and
endorsements or failure to provide the proof of insurance as required by this
Contract.
10.3.3. The Company fails to meet delivery times or the Work does not comply with
the terms of this Contract as set forth in Exhibit A.
10.4.
NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the
Contract shall not relieve the Company of the obligation to pay any fees, taxes or
other charges then due to the City, nor relieve the Company of the obligation to file
any daily, monthly, quarterly or annual reports covering the period to termination nor
relieve the Company from any claim for damages previously accrued or then
accruing against the Company.
10.5.
OBLIGATIONS UPON EXPIRATION OR TERMINATION. In the event this Contract
is terminated by the City for any reason prior to the end of the term, the Company
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shall upon termination immediately discontinue all services in connection with this
Contract and promptly cancel all existing orders and subcontracts, which are
chargeable to this Contract. As soon as practicable after receipt of notice of
termination, the Company shall submit a statement to the City showing in detail the
Work performed under this Contract to the date of termination.
10.6.
NO SUSPENSION. In the event that the City disputes in good faith an allegation of
default by the Company, notwithstanding anything to the contrary in this Contract,
the Company agrees that it will not terminate this Contract or suspend or limit the
delivery of the Work or any warranties or repossess, disable or render unusable any
Software supplied by the Company, unless (i) the parties agree in writing, or (ii) an
order of a court of competent jurisdiction determines otherwise.
10.7.
AUTHORITY TO TERMINATE. The Aviation Director or his designee is authorized to
terminate this Contract on behalf of the City.
11. TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this
Contract, the Company shall cooperate with the City to assist with the orderly transfer of the
Work, functions and operations provided by the Company hereunder to another provider or
to the City as determined by the City in its sole discretion.
12. REMEDIES.
12.1.
Right to Cover. If the Company fails to meet any completion date or resolution time
set forth in this Contract (including all Exhibits), the City may take any of the following
actions with or without termination this Contract, and in addition to and without
limiting any other remedies it may have:
12.1.1. Employ such means as it may deem advisable and appropriate to perform
itself or obtain the Work from a third party until the matter is resolved and the
Company is again able to resume performance under this Contract; and
12.1.2. Deduct any and all expenses incurred by the City in obtaining or performing
the Work from any money then due or to become due to the Company and,
should the City’s cost of obtaining or performing the Work exceed the amount
due the Company, collect the amount due the City from the Company.
12.2.
Right to Withhold Payment. If the Company breaches any provision of this Contract,
the City shall have the right to withhold all payments due to the Company until such
breach has been fully cured.
12.3.
Setoff. Each party shall be entitled to setoff and may deduct from any amounts owed
to the other party under this Contract all damages and expenses incurred as a result
of the other party’s breach of this Contract.
12.4.
Other Remedies. Upon breach of this Contract, each party may seek all legal and
equitable remedies to which it is entitled. The remedies set forth herein shall be
deemed cumulative and not exclusive and may be exercised successively or
concurrently, in addition to any other available remedy. However, under no
circumstances shall the Airport be liable to the Company for damages arising from
delay, whether caused by the Airport or not.
13. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract
shall be construed to (i) give any party the power to direct or control the day-to-day activities
of the other; (ii) constitute such parties as partners, joint ventures, co-owners or otherwise
as participants in a joint or common undertaking; (iii) make either party an agent of the other
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for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or
otherwise create or assume any obligation on behalf of the other. Nothing herein shall be
deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise
under law or under the terms of this Contract.
14. AUDIT. During the term of this Contract and for a period of one (1) year after termination of
this Contract, the City shall have the right to audit, either itself or through an independent
auditor, all books and records and facilities of the Company necessary to evaluate the
Company’s compliance with the terms and conditions of the Contract or the City’s payment
obligations. The City shall pay its own expenses, related to such audits, but shall not have
to pay any expenses or additional costs of the Company. However, if non-compliance is
found that would have cost the City in excess of $10,000 but for the audit, then the
Company shall be required to reimburse the City for the cost of the audit.
15. RECORDS. The Company shall be responsible for keeping a record that accurately states
the number of hours worked or quantity of goods provided by the Company in the process of
providing the Work under the terms of the Contract. The City shall have the right to audit
the Company’s invoices, expense reports and other documents relating to the Work
performed under the Contract, and shall not be required to pay for Work which did not occur
or which occurred in breach of the Contract. The Company shall make such documents
available for inspection and copying by the City in Charlotte, North Carolina between the
hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, whenever requested by the City.
16. INSPECTION. The Airport reserves the right to inspect the equipment, plant or other
facilities of the Company to confirm that such conform with the requirements set forth in
Exhibit A and are adequate and suitable for proper and effective performance of this
Contract. Such inspections shall be conducted during normal business hours and upon at
least three (3) days’ notice to the Company.
17. ACCEPTANCE OF THE WORK. The Work delivered under this Contract shall remain the
property of the Company until the Airport physically inspects, actually uses and accepts the
Work.
18. COMPANY PROJECT MANAGER. Where the ITB or the Contract requires the Company
to provide a Project Manager, their duties shall include, but are not limited to, the following:
18.1.
Coordination of Project schedules and the Company’s resource assignment based
upon the City’s requirements and schedule constraints;
18.2.
Acting as the Company’s point of contact for all aspects of the Contract
administration, including invoicing for the Work, and status reporting;
18.3.
Facilitation of review meetings and conferences between the City and the
Company’s executives when scheduled or requested by the City;
18.4.
Communications among and between the City and the Company’s staff;
18.5.
Promptly responding to the City’s Project Manager when consulted in writing or by email with respect to the Work deviations and necessary documentation;
18.6.
Identifying and providing the City with timely written notice of all issues that may
threaten the Company’s ability to provide the Work in a manner contemplated by the
Contract;
18.7.
Ensuring that adequate quality assurance procedures are in place through the
duration of the Contract term; and
18.8.
Meeting with other companies working on City projects that relate to this effort as
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necessary to resolve problem and coordinate the provision of the Work.
19. DUTY OF THE COMPANY TO IDENTIFY AND REQUEST INFORMATION, PERSONNEL
AND FACILITIES. The Company shall identify and request in writing from the City in a
timely manner the following:
19.1.
All information reasonably required by the Company to perform each task comprising
the Work;
19.2.
The City’s personnel whose presence or assistance may reasonably be required by
the Company to perform each task comprising the Work; and
19.3.
Any other equipment, facility or resource reasonably required by the Company to
perform the Work.
Notwithstanding the foregoing, the Company shall not be entitled to request the City provide
information, personnel or facilities other than those which Exhibit A specifically requires the
City to provide, unless the City can do so at no significant cost. The Company shall not be
relieved of any failure to perform under this Contract by virtue of the City’s failure to provide
any information, personnel, equipment, facilities or resources that is not required under
Exhibit A or requested in writing. However, where the Company provides written notice and
the City fails to provide included information, personnel, facility or resources, the Company
shall notify the City in writing immediately in accordance with the notice provision of this
Contract. Failure to do so shall constitute a waiver by the Company for any claim or defense
it may otherwise have based on the City’s failure to provide such information, personnel,
facility or resource.
20. NON-DISCRIMINATION. The City has adopted a Commercial Non-Discrimination Policy
that is described in Section 2, Article V of the Charlotte City Code, and is available for
review on the City’s website (the “Non-Discrimination Policy”). The Company agrees to
comply with the Non-Discrimination Policy, and consents to be bound by the award of any
arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race, gender, religion, national origin, ethnicity, age, or disability
in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or
commercial customers in connection with a City contract or contract solicitation process, nor
shall the Company retaliate against any person or entity for reporting instances of such
discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The Company understands and agrees that a violation of this
clause shall be considered a material breach of this Contract and may result in termination
of this Contract, disqualification of the Company from participating in City contracts or other
sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to
the City all information and documentation that may be requested by the City from time to
time regarding the solicitation, selection, treatment and payment of subcontractors in
connection with this Contract; and (b) if requested, provide to the City within sixty days after
the request a truthful and complete list of the names of all subcontractors, vendors, and
suppliers that Company has used on City contracts in the past five years, including the total
dollar amount paid by Contractor on each subcontract or supply contract. The Company
further agrees to fully cooperate in any investigation conducted by the City pursuant to the
City’s Non-Discrimination Policy as set forth in Section 2, Article V of the City Code, to
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provide any documents relevant to such investigation that are requested by the City, and to
be bound by the award of any arbitration conducted under such Policy. The Company
understands and agrees that violation of this clause shall be considered a material breach of
this Contract and may result in contract termination, disqualification of the Company from
participating in City contracts and other sanctions.
The Company further agrees to provide to the City from time to time on the City’s request,
payment affidavits detailing the amounts paid by Company to subcontractors and suppliers
in connection with this Contract within a certain period of time. Such affidavits shall be in
the format provided by the City.
21. COMPANY WILL NOT SELL or DISCLOSE DATA. The Company will treat as confidential
information all data provided by the City in connection with this Contract. City data
processed by the Company shall remain the exclusive property of the City. The Company
will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City
in any manner except that contemplated by this Contract.
22. WORK ON CITY’S PREMISES. The Company will ensure that its employees and agents
shall, whenever on the City’s premises, obey all instructions and directions issued by the
City’s Project Manager with respect to work on the City’s premises. The Company agrees
that its personnel and the personnel of its subcontractors will comply with all rules,
regulations and security procedures of the City when on the city’s premises.
23. NO LIENS. All products provided under this Contract shall be delivered and remain free
and clear of all liens and encumbrances.
24. BACKGROUND CHECKS. Prior to starting work under this Contract, the Company is
required to conduct a background check on each Company employee assigned to work
under the Contract, and shall require its subcontractors (if any) to perform a background
check on each of their employees assigned to work under the Contract (collectively, the
“Background Checks”). Each Background Check must include: (a) the person’s criminal
conviction record from the states and counties where the person lives or has lived in the
past seven years; and (b) a reference check.
24.1.
The Company must follow all State and Federal laws when conducting Background
Checks, including but not limited to the Fair Credit Reporting Act requirements, and
shall requires its subcontractors to do the same.
24.2.
The Company shall notify the City of any information discovered in the Background
Checks that may be of potential concern for any reason.
24.3.
The City may conduct its own background checks on principals of the Company as
the City deems appropriate. By operation of the public records law, backgroundcheck conducted by the City are subject to public review upon request.
25. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company
hereby certifies that it has or it will within thirty (30) days after execution of this Contract:
25.1.
Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
25.2.
Establish a drug-free awareness program to inform employees about (i) the dangers
of drug abuse in the workplace, (ii) the Company’s policy of maintaining a drug-free
workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees
for drug abuse violations;
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25.3.
Notify each employee that as a condition of employment, the employee will (i) abide
by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of
any criminal drug statute conviction for a violation occurring in the workplace not later
than five days after such conviction;
25.4.
Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
25.5.
Make a good faith effort to continue to maintain a drug-free workplace for employees;
and
25.6.
Require any party to which it subcontracts any portion of the work under the contract
to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace requirements
during the performance of this Contract shall be ground for suspension, termination or
debarment.
26. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight
courier, by electronic mail or by telefax to the intended recipient at the address set forth
below. Notice shall be effective upon the date of receipt by the intended recipient; provided
that any notice which is sent by telefax or electronic mail shall also be simultaneously sent
by mail deposited with the U.S. Postal Service or by overnight courier. Each party may
change its address for notification purposes by giving the other party written notice of the
new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance,
prevention of performance, modification, extension, amendment, or waiver of any provision
of this Contract shall be sent to:
For The Company:
For The City:
Charlotte Douglas International Airport
Attn:
5601 Wilkinson Boulevard
Charlotte, NC 28208
Phone:
Fax:
E-mail:
With Copy To:
With Copy To:
Charlotte Douglas International Airport
Attn:
5601 Wilkinson Boulevard
Charlotte, NC 28208
Phone:
Fax:
E-mail:
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All other notices shall be sent to the other party’s Project Manager at the most recent
address provided in writing by the other party.
27. MISCELLANEOUS.
27.1.
Non-Exclusivity. The Company acknowledges that it is one of several providers of
the Work to the City and the City is not obligated to contract with the Company for
any particular project.
27.2.
Time is of the Essence. Time is of the essence in having the Company perform all
Work and deliver all items within the time frames provided by this Contract and
Exhibit A, including all completion dates, response times and resolution time.
Except as specifically stated in the Contract, there shall be no extensions of the
stated time frames. All references to days in this Contract (including the Exhibits)
shall refer to calendar days rather than business days, unless the Contract provides
otherwise for a specific situation.
27.3.
Entire Contract. This Contract including all Exhibits constitutes the entire agreement
between the parties with respect to the subject matter herein. There are no other
representations, understandings, or agreements between the parties with respect to
such subject matter. This Contract supersedes all prior agreements, negotiations,
representations and bids, written or oral.
27.4.
Amendment. No amendment or change to the Contract shall be valid unless in
writing and signed by both parties to the Contract.
27.5.
Service Changes and Change Orders. In the event changes to the Work (collectively
“Change”), become necessary or desirable to the parties, the parties shall follow the
procedures set forth in this Section. A Change shall be effective only when
documented by a written amendment to this Contract executed by both parties. The
amendment shall set forth in detail (i) the Change requested, including all
modifications of the duties of the parties; (ii) the reason for the proposed Change;
and (iii) a detailed analysis of the impact of the Change on the results of the Work
including the impact on all delivery dates and any associated price.
In the event either party desires a Change, the Project Manager for such party shall
submit to the other party’s Project Manager a written request for the Change. If the
receiving party does not accept the Change within ten (10) days, the receiving party
shall be deemed to have rejected the Change request. If the parties cannot reach an
agreement on a proposed Change, the Company shall nevertheless continue to
render performance under this Contract in accordance with its (unchanged) terms
and conditions.
Changes that involve or increase the amounts payable by the City require execution
by the Aviation Director or a designee depending on the amount. Some increases
may require execution by the City Manager or a designee or approval by Charlotte
City Council.
27.6.
Governing Law and Jurisdiction. North Carolina law shall govern the interpretation
and enforcement of this Contract, and any other matters relating to this Contract (all
without regard to North Carolina conflicts of law principles). All legal actions or other
proceedings relating to this Contract shall be brought in a state or federal court sitting
in Mecklenburg County, North Carolina. By execution of this Contract, the parties
submit to the jurisdiction of said courts and hereby irrevocably waive any and all
objections which they may have with respect to venue in any court sitting in
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Mecklenburg County, North Carolina.
27.7.
Binding Nature and Assignment. This Contract shall bind the parties and their
successors and permitted assigns. Neither party may assign this Contract without
the prior written consent of the other. Any assignment attempted without the written
consent of the other party shall be void. For purposes of this Section, a Change in
Control, as defined in Section 27.13 constitute an assignment.
27.8.
Survival of Provisions. Those Sections of the Contract and the Exhibits, which by
their nature would reasonably be expected to continue after the termination of the
Contract shall survive the termination of the Contract, including, but not limited to, the
indemnification and definition Sections of this Contract.
27.9.
Severability. The invalidity of one or more of the phrases, sentences, clauses or
sections contained in this Contract shall not affect the validity of the remaining
portion of this Contract so long as the material purposes of this Contract can be
determined and effectuated. If any provision of this Contract is held to be
unenforceable, then both parties shall be relieved of all obligations arising under
such provision, but only to the extent that such provision is unenforceable, and this
Contract shall be deemed amended by modifying such provision to the extent
necessary to make it enforceable while preserving its intent.
27.10. No Publicity. No advertising, sales promotion or other materials of the Company or
its agents or representations may identify or reference this Contract or the City in any
manner without the prior written consent of the City. Notwithstanding the forgoing,
the parties agree that the Company may list the City as a reference in responses to
invitations to bid or requests for proposals, and may identify the City as a customer in
presentations to potential customers.
27.11. No Manufacturer or Dealer Advertisement. No manufacture or dealer shall advertise
on goods delivered to the Airport without prior approval by the Aviation Director, or
his designee.
27.12. Waiver. No delay or omission by either party to exercise any right or power it has
under this Contract shall impair or be construed as a waiver of such right or power.
A waiver by either party of any covenant or breach of this Contract shall not
constitute or operate as a waiver of any succeeding breach of that covenant or of
any other covenant. No waiver of any provision of this Contract shall be effective
unless in writing and signed by the party waiving the rights.
27.13. Change in Control. In the event of a change in “Control” of the Company (as defined
below), the City shall have the option of terminating this Contract by written notice
to the Company. The Company shall notify the City within ten days of the
occurrence of a change in control. As used in this Contract the term “Control” shall
mean the possession, direct or indirect, of either (i) the ownership of or ability to
direct the voting of, as the case may be fifty-one percent (51%) or more of the equity
interests, value or voting power in the Company or (ii) the power to direct or cause
the direction of the management and policies of the
Company whether through
the ownership of voting securities, by contract or otherwise.
27.14. Force Majeure. Neither party hereto shall be liable to the other for any failure, delay
or interpretation in the performance of any of the terms, covenants, or conditions of
this Contract due to causes beyond the control of that party including, but not limited
to, court order, shortages of materials, acts of God, act of the public enemy, acts of
superior governmental authority, weather conditions, floods, riots, rebellion, sabotage
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
24
or other circumstances for which such party is not responsible, which the party
cannot reasonably circumvent or which are not in its power to control, for as long as
such cause continues. This Section does not include strikes, slow-downs, walkouts,
lockouts and individual disputes.
27.15. No Limitations on Disclosure. The Company agrees that the Airport shall be able to
disclose and distribute to any persons or entities, without restrictions, all Work and
samples provided under this Contract or the ITB. The Company specifically agrees
that the Airport can and will provide samples of the Work provided under this
Contract to the Company’s competitors in any future procurement process.
27.16. No Bribery.
The Company certifies that neither it, any of its affiliates or
subcontractors, nor any employees of any of the forgoing has bribed or attempted to
bribe an officer or employee of the City in connection with this Contract.
27.17. Familiarity and Compliance with Laws and Ordinances. The Company agrees to
make itself aware of and comply with all local, state and federal ordinances, statutes,
laws, rules and regulations applicable to the Work. The Company further agrees that
it will at all times during the term of this Contract be in compliance with all applicable
federal, state and/or local laws regarding employment practices. Such laws will
include, but shall not be limited to workers’ compensation, the Fair Labor
Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and
Medical Leave Act (FMLA) and all OSHA regulations applicable to the work.
27.18. Taxes. The Company shall pay all applicable federal, state and local taxes which
may be chargeable against the performance of the Work.
27.19. E-VERIFY. As a condition for payment under this Contract, Company shall (ii)
comply with the E-Verify requirements set forth in Article 2 of Chapter 64 of the North
Carolina General Statutes (the “E-Verify Requirements); and (ii) cause each
subcontractor under this Contract to comply with such E-Verify Requirements as
well. Company will indemnify and save harmless the City from all losses, damages,
costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines,
penalties, interest changes and other liabilities (including settlement amounts)
incurred on account of any failure by Company or any subcontractor to comply with
the E-Verify Requirements.
28. NON-APPROPRIATION OF FUNDS. If the City Council does not appropriate the funding
needed by the City to make payments under this Contract for a given fiscal year, the City will
not be obligated to pay amounts due beyond the end of the last fiscal year for which funds
were appropriated. In such event, the City will promptly notify the Company of the nonappropriation and this Contract will be terminated at the end of the last fiscal year for which
funds were appropriated. No act or omission by the City, which is attributable to nonappropriation of funds shall constitute a breach of or default under this Contract.
[Intentionally Left Blank]
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this Contract to be
executed on the date first written above.
(INSERT COMPANY NAME)
BY: _____________________________
SIGNATURE: ________________________
TITLE: _________________________
DATE: ________________________
CITY OF CHARLOTTE
BY: _____________________________
SIGNATURE: ________________________
TITLE: _________________________
DATE: ________________________
This instrument has been pre-audited in the manner required by Local Government
Budget and Fiscal Control Act.
CITY OF CHARLOTTE
FINANCE DEPARTMENT
BY:
_________________________________________________
(Signature)
TITLE: ________________________________________________
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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EXHIBIT A: Specifications
1. Scope of Work: The Charlotte Douglas International Airport is seeking to enter into a
contract with a Service Provider to provide fire extinguisher inspections, maintenance,
testing, recharging and annual service to include parts and supplies. This ITB is based on
commonly used items and estimates are based upon past inspections. Please note, the
successful bidder’s contract will not be limited to the items indicated in this bid, as other
items may be needed for future services.
This scope of work is to include all associated costs for labor, tools, travel, lodging,
equipment, parts, components, materials and any other items necessary to inspect, maintain
and repair portable fire extinguishers. The fire extinguishers shall be inspected and
maintained in accordance with the manufacturers’ established operating standards,
applicable code requirements, and ITB specifications.
2. Contract Types: The Contract resulting from this ITB will be of the type indicated below:
___
Definite Quantity: The Contract will be a fixed-price contract that provides for
delivery of a specified quantity of products and any related services either at
specified times or when ordered.
Indefinite Quantity: The Contract will be a unit price contract for an indefinite
amount of products (and any related services) to be furnished at specified times,
or as ordered. In some cases, indefinite quantity contracts may state a minimum
quantity that the Airport is obligated to order but in others the Airport reserves the
right to purchase according to actual need and does not guarantee quantities.
The Airport may make available to Bidders information regarding the Airport’s
purchase history or projected estimates of the approximate quantity of products
that will be needed. Notwithstanding such information, each Bidder is required to
perform its own due diligence on which to base its bid. Inaccuracy of information
provided by the Airport will not give rise to any claim against the Airport, or entitle
any Bidder to rescind its Bid or the Company to terminate or amend the Contract.
3. Terms of Contract:
Unit Price Contract: Contract awarded is for a unit price when product and
service needs are based upon indefinite quantities, and where orders will be
based on actual needs that may exceed or be less than projections. All
expenditures under a unit price contract are contingent upon appropriations
having been made by City Council.
Contract Terms and Renewal Options: The contract term shall be for a period
of three (3) years from the date of award. The City at its option may extend the
contract for up to two (2) additional one-year extensions unless the Bidder
objects in writing at least ninety (90) days prior to the beginning of the extension
term.
____ One Time Purchase: Contract awarded is for a specific quantity purchased at
one time.
4. General Requirements: All equipment and component parts furnished shall be new, meet
all requirements of these Specifications and be in operating condition at time of delivery.
Bids submitted in response to this ITB must comply with all terms and conditions and
Specifications as listed.
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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4.1
Service Specifications: In addition to the general scope of work specifications, each
Section below outlines specific requirements for this ITB.
•
Annual inspection and maintenance of fire extinguishers.
•
Recharging of fire extinguishers.
•
Hydrostatic testing, six-year maintenance and re-charging of fire extinguishers.
•
Vendor will be responsible for recording all changes made in the field.
•
Vendor must complete the National Fire Protection Association (NFPA) mandated
annual maintenance inspection of the portable fire extinguishers within 12 months
of the previous annual inspection. In addition to the manufacturer’s specifications,
the vendor’s service technician must inspect extinguishers in order to meet
requirements of the following code:
•
4.2
NFPA 10 Standard for Portable Fire Extinguisher Systems
•
For any discrepancies, a discrepancy report must be generated for fire
extinguishers that cannot not be inspected or that need to be re-mounted, using
Microsoft Word or a compatible format and must be emailed to Airport
representative, Erwin (Terry) Smith.
•
With regards to deficiencies, when a deficiency related to the pre-determined
criteria is identified during inspection, the vendor must immediately replace the fire
extinguisher with the same type and size.
•
Upon completion of all inspections and service work, the vendor’s service
technician shall provide to the Airport a service ticket, which includes the following
information:
•
a.
Contract number
b.
Number of fire extinguishers inspected
Vendor must complete an Annual Report for all fire extinguishers prior to
submitting an invoice for payment.
•
Vendor is responsible to remove all expired labels.
Annual Maintenance of Fire Extinguishers:
1.
2.
Each fire extinguisher shall be subject to annual maintenance that includes a
thorough examination of basic elements of a fire extinguisher including the
following criteria:
a.
All necessary mechanical parts of a fire extinguisher;
b.
Extinguishing agent of both cartridge and cylinder-operated dry chemical,
stored pressure, load stream, and pump tank fire extinguishers; and
c.
Expelling means of all extinguishers
At the time of the annual maintenance, the vendor shall remove the tamper seal
on all rechargeable fire extinguishers, by operating the pull pin or locking
device. After the applicable maintenance procedures are completed, the vendor
shall install a new tamper seal.
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4.3
4.4
3.
Each fire extinguisher shall have a maintenance tag or label securely attached,
that indicated the month and the year the maintenance was performed. The tag
must identify the company name and license number.
4.
Vendor must complete an Annual Report for all fire extinguishers prior to
submitting an invoice for payment.
5.
During the maintenance and inspection of fire extinguishers, any extinguisher
that is identified as having a deficiency other than fire extinguishers requiring
testing, the vendor shall immediately replace the fire extinguisher with the same
type and size.
Recharging of Fire Extinguishers:
1.
All fire extinguishers that are within two years of their required six year
maintenance date or hydrostatic date shall be tested, at time of service.
2.
Each fire extinguisher that needs recharging must have a “Verification of Service”
collar located around the neck of the container. The collar shall contain a single
circular piece of uninterrupted material forming a hole of a size that will not permit
the collar assembly to move over the neck of the container unless the valve is
completely removed. The collar shall not interfere with the operation of the fire
extinguisher. The “Verification of Service” collar shall include the month and year
the service was performed, indicated by a perforation, such as is done by a hole
punch.
3.
Each fire extinguisher shall have a maintenance tag or label securely
attached that indicates the month and year recharging was performed. The
tag must identify the company name and license number.
4.
When recharging any fire extinguisher, the recommendations of the manufacturer
shall be followed.
5.
After recharging a fire extinguisher, a leak test shall be performed on storedpressure and self-expelling types of fire extinguishers.
Six-Year Maintenance and Hydrostatic Testing of Portable Fire Extinguishers:
1.
The Vendor will be responsible for exchanging out all fire extinguishers that
require either six-year maintenance or hydrostatic testing.
2.
Every six years, stored-pressure fire extinguishers that require a 12-year
hydrostatic test shall be emptied and subjected to the applicable maintenance
procedures. The removal of agent from halon agent fire extinguishers shall only
be done using a listed halon closed recovery system. When the applicable
maintenance procedures are performed, during periodic recharging or hydrostatic
testing, the six year requirement shall begin reset from that date.
3.
All fire extinguishers that require recharging as a result of either six-year
maintenance or hydrostatic testing must have a “Verification of Service” collar
located around the neck of the container. The collar shall contain a single circular
piece of uninterrupted material forming a hole of a size that will not permit the
collar assembly to move over the neck of the container unless the valve is
completely removed. The collar shall not interfere with the operation of the fire
extinguisher. The “Verification of Service” collar shall include the month and year
the service was performed, indicated by a perforation, such as is done by a hole
punch.
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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4.
Hydrostatic testing shall be performed by persons trained in pressure testing
procedures and only conducted by companies that have the proper
safeguards, suitable testing equipment, facilities and appropriate service
manuals available.
5.
Each fire extinguisher shall be subject to hydrostatic testing interval outlined in
the NFPA 10 – Standard for Portable Fire Extinguishers.
6.
All hydrostatically tested cylinders and apparatus, except water-type
extinguishers, shall be thoroughly dried after testing. The temperature used for
drying shall not exceed 150°F (65°C) inside the shell.
7.
A permanent record shall be maintained for each cylinder tested. High-Pressure
cylinders that pass the hydrostatic test shall be stamped with the re-tester’s
identification number and month and year of the re-test.
8.
Fire extinguisher cylinders of the low-pressure type that pass a pressure
hydrostatic test shall have the information recorded on a suitable metallic label
with a minimum size of 2 in. x 3 ½ in. (5.1 cm x 8.9 cm). The label shall be affixed
by a heatless process. These labels shall be of the type that self-destructs when
removal from a fire extinguisher cylinder shell is attempted. The following
information shall be included on the label:
a. Month and year the test was performed, indicated by a perforation, such
as done by hole punch;
b. Test pressure used; and
c. Name and initials of the person performing the test, and name of
the company performing the test.
5. Warranty: All equipment and goods supplied under these Specifications shall be covered
by the manufacturer’s normal written guarantee and/or warranty (minimum of one year)
against defects in materials, workmanship and performance.
a. Two copies of the manufacturer’s written warranty shall be supplied with the
equipment.
b. It shall be the responsibility of the manufacturer to pay all shipping and crating costs
associated with warranty repairs.
c. Warranty repairs shall be performed by the contractor at the customer’s site on
request.
d. The equipment warranty will become effective on the date of installation of the
equipment by the Airport, but shall not exceed 24 months after receipt by the Airport.
6. Pricing. Bids must be submitted as a fixed unit cost. Total bid 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. Bidders
must bid on ALL parts of the project. The Bidders price must be all–inclusive and stated in
United States dollars. All miscellaneous charges must be captured in the bid 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.
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Please include any applicable maintenance fees on the pricing sheet. Please price for any
optional accessories available for purchase, as individual line items on the pricing sheet.
7. Price Adjustment as Part of the Bid. To submit price adjustments as part of your Bid, you
must: (a) comply with any limitations or instructions that are stated in this ITB; and (b) state
very clearly in the Price Sheet of your Bid Response Forms the proposed price adjustments
or, if permitted, the price adjustment formula. Restrictions and instructions regarding price
adjustments are provided in the Bid Response Forms. It is important that the Bidder check
for these restrictions and instructions carefully. In some instances price adjustments are not
permitted as part of the Bid. In other instances formula price increases are prohibited due to
the difficulty they create in comparing Bid prices.
8. Price Adjustment if Not Included as Part of the Bid. If price adjustments are not included
in your Bid, the price(s) stated in your Bid shall apply for the entire term of the Contract
unless the Airport approves a price adjustment in writing in accordance with the following
terms:
a. Price increases shall only be allowed when justified in the Airport’s sole discretion
based on legitimate, bona fide increases in the cost of materials. No adjustment
shall be made to compensate the Company for inefficiency in operation, increase in
labor costs or for additional profit.
b. To obtain approval for a price increase, the Company shall submit a written request
to the Airport’s Project Manager, at the address listed below, together with written
documentation sufficient to demonstrate that the increase is necessary based on
legitimate increase in the cost of materials. The request must state and fully justify
the proposed price increase per unit over the price originally bid.
Charlotte Douglas International Airport - CLT Center
5601 Wilkinson Boulevard
Charlotte, NC 28208
Attention: Terry Smith
c. No proposed price increase shall be valid unless accepted by the Airport in writing.
The Airport may approve such price increase for the remaining term of the Contract
or for a shorter specified period, in the Airport’s sole discretion. If the Airport rejects
such price increase, the Company shall continue to perform under the Contract.
d. If the Airport approves a price increase pursuant to this Section and the market
factors justifying the increase shift so that the increase is no longer justified, the
Airport shall have the right to terminate the price increase and revert back to the
prices that were in effect immediately prior to the increase. The Company shall
notify the Airport in writing if the market factors on which the Airport granted the
increase change such that the Airport’s reasons for granting the increase no longer
apply.
9. Quantities: The City does not guarantee quantities and will purchase quantities of
according to actual need during the term of the Contract. The quantities listed in this ITB
are estimates only, and may differ substantially from actual quantities ordered.
10. Inspection and Service Work: Vendor will be escorted by Airport Facilities Department
personnel during the inspections and service work. Charlotte Douglas International Airport
operates on 24 hour a day, 7 days a week basis. Hours for service(s) will be determined at
later at time and will be coordinated with the successful bidder. Vendor will provide new
Annual Inspection and Maintenance of Fire Extinguishers – Bid# 2014-03-002
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barcodes or equivalent technology for new equipment or replacements. Vendor responsible
for disposal and recycle, as part of services.
11. 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 of Charlotte 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.
12. Placement of Orders. All orders will be placed by a City designated personnel on an as
needed basis for the quantity required at the time during the term of the Contract. Orders will
be placed by means of a purchase order, or other approved authorization method.
13. Items under Contract. The Airport reserves the right to add or delete items to the Contract
if particular items should become discontinued or an upgraded item become available to the
industry market. Any new or replacement items added will be subject to bid statute
requirements. The Airport may also delete items in the Contract if items are no longer
needed.
14. Delivery Time. For the requested delivery time under this Contract, time is of the
essence. The Company’s bid is deemed a binding commitment to meet the delivery time
stated above unless the Bid specifically takes exception.
15. Delivery. All Work provided under this Contract must be delivered F.O.B. Destination within
the time frame specified in Section 13 above. Delivery and freight charges are to be
included in Bid pricing. Failure to comply with this requirement shall be cause to terminate
this Contract unless such failure is confined to infrequent and isolated instances, which do
not involve major purchases.
16. Installation. Only experienced professionals should install all Work. All work must be
performed according to the standards established under this Contract and meet
manufacturer’s specifications and industry standards. It shall be the obligation of the
installer to obtain clarification from the Airport’s Project Manager concerning questions or
conflicts in any drawings and the terms of this Contract in a timely manner as to not delay
the progress of the work. All permits and inspections are the sole responsibility of the
Company.
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17. Returns and Restocking Charges. The Company must pick up the Products to be
returned within twenty-four (24) hours from notification. The Airport will not pay restocking
fees for Products that have been returned unless it is a specialty item and the Airport has
been notified, as the time of placement of the order, of the potential restocking charge. The
Company will issue a credit memo to the Airport within seven (7) calendar days of the return.
18. Product Specifications. The following are estimated services needed annually.
SERVICES
Fire Extinguisher Annual Maintenance
Install Fire Extinguisher Barcode Label (as needed)
5# ABC Refill
10# ABC Refill
20# ABC Refill
5# CO2 Refill
15# CO2 Refill
20# Purple K Refill
Hydrostatic Test
Halon Reclaim and Refill
Six Year Maintenance
Wheeled Unit Annual Inspection
150# BC Refill
Hydro Test Wheeled Unit
NEW UNITS AS REQUIRED
5# ABC Fire Extinguisher
10# ABC Fire Extinguisher
20# ABC Fire Extinguisher
2.5# ABC Fire Extinguisher
Fire Extinguisher Bracket Hardware
# OF EXTINGUISHERS
1200
150
40
200
5
1
1
5
50
5
200
10
2
15
#OF EXTINGUISHERS
10
10
20
10
50
UNIT OF MEASURE
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
UNIT OF MEASURE
EACH
EACH
EACH
EACH
EACH
19. Quality. Unless the ITB specifically states otherwise for a particular item, all components
used to manufacture or construct any supplies, materials or equipment or goods provided
under this Contract shall be: (a) new; (b) the latest model; (c) of the best quality and highest
grade workmanship; and (d) in compliance will all applicable federal, state and local laws,
regulations and requirements. By “new,” the Airport means that the item has been recently
produced and has not been previously sold or used.
20. Documentation. The Company will provide, where applicable. for all Work purchased
under this Contract, written or electronic documentation that is complete and accurate, and
sufficient to enable Airport employees with ordinary skills and experience to utilize such
Work for the purpose for which the Airport is acquiring them. Such documentation may take
the form of user manuals or online instruction.
21. Certified Test Report. If the Specifications require a certified test report, the Company
shall provide such report(s) at their expense. The certified test report shall be from a
recognized independent testing laboratory or manufacturer’s quality and control laboratory
and shall show all test results and full compliance with this Contract.
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22. Training. The Company shall be responsible for initially training all necessary Airport
employees, as well as new or additional employees as needed on an on-going basis, on
using the Company’s products or services necessary under this Contract, including without
limitation any online ordering or invoicing systems. The Company shall be responsible for
providing documented step-by-step instructions to each of the Airport’s authorized users.
23. Subcontract. 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, Company shall be the prime contractor 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.
24. 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 this Contract. 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 below. The parties agree that the liquidated
damages set forth below shall be the Airport’s exclusive remedy for loss of goodwill and
administrative costs attributable to a failure by the Company to meet certain requirements of
this Contract, but shall not be the remedy for the cost to cover or other direct damages.
25. Environmental Preferable Purchasing.
The Airport promotes the practice of
environmentally preferably purchasing in acquiring products. Attributes that may be taken
into consideration as environmental criterion include the following: recycled content,
renewable resources, recyclability, packaging, biodegradability, reduced toxicity, energy and
water efficiency, low volatile organic compounds durability and take back options.
Environmental preferable purchasing includes products that have a lesser or reduced effect
on human health and the environment when compared with competing products that serve
the same purpose. This comparison may consider raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the
product. The Company is encouraged to supply products that contain environmentally
preferable attributes. Certification of environmental standards and other environmental
claims must be signed by a senior company official and provided to the Airport.
26. Contract Monitoring/Reporting. Annual reporting will be required under this contract. It is
the Vendor’s responsibility to verify compliance of fire extinguishers. At the conclusion of
each annual inspection, vendor shall supply electronically generated report (preferably
Microsoft Excel format) with the following information: equipment manufacturer, equipment
unit numbers and/or barcode, equipment type, equipment serial number, last annual
inspection date, last recharge date, last 6-year, last hydro (12 and 5), last exchange date,
next exchange date, equipment location (site and building info), and description of fire
extinguishers serviced in order to maintain records of annual maintenance.
Records/results of inspection, testing and maintenance must be submitted to the City
electronically within 20 business days of completion of annual inspection.
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ANNUAL INSPECTION & MAINTENANCE OF FIRE EXTINGUISHERS
PRICING WORKSHEET
PAGE 1 - BIDDER NAME:________________
The vendor shall notate in the following tables, the standard components that will be replaced when a fire
extinguisher is subject to recharging, six-year scheduled maintenance or hydrostatic testing. All standard
components that will be replaced by the vendor shall be included in the cost of the pricing sheet under the types of
services performed.
CARBON DIOXIDE FIRE EXTINGUISHERS: 5 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Safety Disc
N/A
Washer/Nut Assembly
N/A
Pull Pin
N/A
Valve Stem
N/A
Neck O-Ring
N/A
Discharge Horn
N/A
Discharge Hose
N/A
N/A
N/A
CARBON DIOXIDE FIRE EXTINGUISHERS: 10 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Safety Disc
N/A
Washer/Nut Assembly
N/A
Pull Pin
N/A
Valve Stem
N/A
Neck O-Ring
N/A
Discharge Horn
N/A
Discharge Hose
N/A
CARBON DIOXIDE FIRE EXTINGUISHERS: 15 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Safety Disc
N/A
Washer/Nut Assembly
N/A
Pull Pin
N/A
Valve Stem
N/A
Neck O-Ring
N/A
Discharge Horn
N/A
Discharge Hose
N/A
CARBON DIOXIDE FIRE EXTINGUISHERS: 20 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Safety Disc
N/A
Washer/Nut Assembly
N/A
Valve Stem
N/A
Pull Pin
N/A
Neck O-Ring
N/A
Discharge Horn
N/A
Discharge Hose
N/A
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
1
PAGE 2 - BIDDER NAME:________________
DRY CHEMICAL FIRE EXTINGUISHERS: 5 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
DRY CHEMICAL FIRE EXTINGUISHERS: 6 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
DRY CHEMICAL FIRE EXTINGUISHERS: 10 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
DRY CHEMICAL FIRE EXTINGUISHERS: 18 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
DRY CHEMICAL FIRE EXTINGUISHERS: 20 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
HALON CHEMICAL FIRE EXTINGUISHERS: 5 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
2
PAGE 3 - BIDDER NAME:________________
HALON CHEMICAL FIRE EXTINGUISHERS: 9 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
HALON CHEMICAL FIRE EXTINGUISHERS: 13 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
HALON CHEMICAL FIRE EXTINGUISHERS: 18 LBS.
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
Valve Stems
Pull Pin
Agent
STORED-PRESSURE WATER FIRE EXTINGUISHERS: 2 ½ GALLON
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
Neck O-Ring
N/A
Valve Stems
N/A
Pull Pin
N/A
Neck O-Ring
Valve Stems
Pull Pin
AQUEOUS FILM-FORMING FOAM: 2 ½ GALLON
RECHARGE: HYDROSTATIC
SIX-YEAR
TEST:
MAINTENANCE:
N/A
N/A
N/A
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
3
Vendor must provide pricing for each individual part listed below. Pricing for specific parts listed
below must include percentage mark-up.
PAGE 4 – BIDDER NAME______________
PART NAME:
100 Lb. Dry Chemical Gauge
125 Lb. Dry Chemical Gauge
150 Lb. Dry Chemical Gauge
175 Lb. Dry Chemical Gauge
195 Lb. Dry Chemical Gauge
235 Lb. Dry Chemical Gauge
240 Lb. Dry Chemical Gauge
350 Lb. Dry Chemical Gauge
360 Lb. Dry Chemical Gauge
100 Lb. Dry Chemical Gauge (Kidde)
195 Lb. Dry Chemical Gauge (Kidde)
Kidde Gauge O-Ring (Plastic Valve)
Kidde Gauge Clip (one required for each gauge)
100 lb. Halon Gauge
125 lb. Halon Gauge
150 lb. Halon Gauge
175 lb. Halon Gauge
195 lb. Halon Gauge
100 lb. Water Gauge
125 lb. Water Gauge
Kidde 100 lb. Water Gauge
Valve Stem Assembly for Amerex 1 1/4 - 20 lb. Dry Chemical
and Halon Extinguishers All Units
Valve Stem Assembly for Amerex 5 - 20 lb. Dry Chemical and
Halon Extinguishers All Units
Valve Stem for Ansul 4 1/2 - 20 lb. Dry Chemical and Halon
Sentry Extinguishers
Valve Stem Assembly for Ansul Sentry Extinguishers Models
SY0516, 17, 21, 31
Valve Stem Assembly for Ansul 2 1/2 - 5 lb. Dry Chemical Small
UNIT COST:
4
Valve Extinguishers
9942B INTERCHANGE: Valve Stem Assembly for Badger Dry
Chemical Extinguishers
Badger Valve Stem
Badger Dry Chemical Valve Stem
Valve Stem for Buckeye Dry Chemical Extinguishers
Buckeye Type Valve Stem (100214)
Buckeye Type Valve Stem (106215)
Valve Stem for General 10 - 30 lb. Dry Chemical "A" Valve
Extinguishers
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
4
PAGE 5 - BIDDER NAME:________________
Valve Stem Assembly for General 2 1/2 - 10 lb. Dry Chemical
and Halon Extinguishers
Valve Stem Assembly for General 10 - 20 lb. Dry Chemical and
Halon Extinguishers
Kidde PRO-LINE Valve Stem *
Kidde Valve Stem *
Valve Stem Assembly for Kidde 5 and 6 lb. Dry Chemical
Extinguishers w/ Hose and Plastic Valve
Kidde Type DC Valve Stem (843704)
Kidde Type DC Valve Stem (844210)
Valve Stem Assembly for General 2 1/2 gal. Pressurized Water
Extinguisher
Kidde Type Valve Stem (843842) for 2 1/2 Gal. Water
Valve Stem Assembly for Amerex 5 - 20 lb. CO2 Extinguishers
w/ Brass Valve
Ansul CO2 Valve Stem
Valve Stem Assembly for Badger 5 - 20 lb. Carbon Dioxide
Extinguishers
Valve Stem for Badger 5 - 20 lb. CO2 Extinguishers Models,
B5V, B10V, B15V, B20V
Valve Stem Assembly for Buckeye 5 - 20 lb. Carbon Dioxide
Extinguishers
Valve Stem for General CO2 Valve Model R50
Valve Stem for General 5 lb. Carbon Dioxide Extinguisher
Valve Stem for General 10 & 15 lb. Carbon Dioxide
Extinguishers
Kidde Valve Stem (803294 style)
Valve Stem Assembly for Kidde Extinguishers
Single Point Pull Pin (Steel)
New Type Pull Pin
New Type Pull Pin, Stainless Steel
Thin Wire Pull Pin (Steel)
Large Loop Stainless Pull Pin
Kidde Type Double Point Pull Pin
Red Plastic Pull Pin
Kidde Red Plastic Pull Pin
Red Plastic Strike Pull Pin Assembly
4" Galvanized Chain
Cotter Key for Use w/ Chain
Nylon Chain for Pull Pin (Amerex)
O-Ring for Amerex, Ansul, Badger, Fyr-Fyter, General, Kidde,
Pemall, Stike, Superior Valve Stem Shafts
O-ring for Kidde Gauge (280555K)
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
5
PAGE 6 - BIDDER NAME:________________
O-ring for Badger (2884), Fyr-Fyter (75393), General (23588),
Kidde (259772)
O-ring for Amerex Hose/Nozzle(1532),Safety 1st Gland
Nut(801700)
O-ring for AD24, Badger Hose (17070)
O-Ring for Ansul Hose/Nozzle (3469), Badger Water (701),
General (33449, 21574), Kidde (56610011)
O-ring for Buckeye(900004),General(11178),RC
Industries(RR010)
O-ring for General(33031), Kidde(6435-0118), RC
Industries(RR008)
O-ring for Badger DC(14913)
21861 Ansul Type Halon Seat O-Ring, 33030 General Type D/C
Halon Stem Seal
O-Ring for B2081 and B2082, HTA11
O-ring for Amerex(5241), Badger(20745), Stop
Fire(200074),HTA18
O-ring for Amerex(5240), Badger(1091),HPTA35D,HTA9
O-Ring for General D/C And Halon (32518)
O-ring for General (33806)
O-Ring for Kidde D/C and Halon Old Syle Plastic Valve
(320005)
O-Ring, 900001 Buckeye, 9993200 Power Pak, RR010 RC D/C
and Halon Type
O-Ring for ACOV and COM100A Valve Bodies, Amerex (1124),
Buckeye (900329), Badger (16464), Kidde (6355-0216)
O-ring for Kidde System(56610327), PyroChem System(020029)
Amerex Type Swivel CO2 Elbow O-Ring, B209 Stem O-Ring
O-ring for Ansul DC (79122), AD29
O-Ring for HTA19D, HTA40D and HPTA27D; Also used for
valve bodies
O-ring for General(35786)
O-Ring for Ansul 20lb Cart. Hose (6323), HPTA38D
O-Ring for Ansul 30lb Cart. Hose (6324)
Amerex Safety Disc, Washer and Nut Assembly
Badger Safety Disc, Washer and Nut Assembly
Safety Disc, Gasket & Nut Assembly for Buckeye 5 - 20 lb. CO2
Extinguishers
General Safety Disc
General Plastic Washer
Kidde Safety Disc (Alum. and Copper
Kidde Copper Washer
Kidde Aluminum Washer
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
6
PAGE 7 - BIDDER NAME:________________
Safety Disc Nut for Kidde PRO CDM Extinguishers
Superior Safety Disc (for extinguishers
Superior Copper Washer
Superior Safety Disc
Safety Assembly (includes Cap, Disc and Gasket) for Superior
Commercial CO2 Valves
Safety Assembly (includes Cap, Disc and Gasket) for Superior
Commercial Nitrogen Valve
79786AS INTERCHANGE: Ansul Disc, Washer and Nut
Assembly
5 lb. CO2 Horn w/ Diffuser (for use w/ discharge tubes w/ no
diffuser)
5 lb. CO2 Horn (for use w/ discharge tubes that have a built in
diffuser)
Conical Horn w/ Brass Diffuser for 10 lb. CO2 Extinguisher
Conical Horn w/ Brass Diffuser for 15 and 20 lb. CO2
Extinguisher
Rapid Discharge Horn & Handle for 10 lb. CO2 Extinguisher
Rapid Discharge Horn & Handle for 15 & 20 lb. CO2
Extinguisher
Diffuser Clip for RDH CO2 Horn
Diffuser for RDH CO2 Horn
Rubber Handle for All Conical Horns
1/4" Dia. x 6" L Galvanized Steel Nipple
H-Style Horn Complete w/ Diffuser (General Part #34586)
Rubber Handle for General HHORN
1/4" Dia. x 8 " L Galvanized Steel Nipple for use w/ HHANDLE
32" Hose for 5 - 20 lb. Portable CO2 Fire Extinguishers (1/4" F x
1/4" F)
32" Hose for 5 - 20 lb. Portable CO2 Fire Extinguishers (1/4" F x
3/8" F)
36" Hose for 5 - 20 lb. Portable CO2 Fire Extinguishers
36" Hose for 5 - 20 lb. Portable CO2 Fire Extinguishers
Fire Extinguisher Annual Maintenance
Install Fire Extinguisher Barcode Label (as needed)
Hydrostatic Test
Halon Reclaim and Refill
Six Year Maintenance
Wheeled Unit Annual Inspection
Hydro Test Wheeled Unit
Exchange Out Fee for Fire Extinguishers that are found empty or
damaged.
Fire Extinguisher Bracket Hardware
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
7
PAGE 8 - BIDDER NAME:________________
TYPE
SIZE
NEW
REFILL
2½ LBS.
5 LBS.
10 LBS.
15 LBS.
20 LBS.
$
$
$
$
$
Each
Each
Each
Each
Each
$
$
$
$
$
Each
Each
Each
Each
Each
PRESSURE
WATER
2½ LBS.
$
Each
$
Each
AFFF FOAM
2½ LBS.
$
Each
$
Each
ABC DRY
CHEMICAL
2 ½ LBS.
$
Each
$
Each
5 LBS.
6 LBS.
10 LBS.
18 LBS.
20 LBS.
$
$
$
$
$
Each
Each
Each
Each
Each
$
$
$
$
$
2½ LBS.
$
Each
5 LBS.
6 LBS.
10 LBS.
150 LBS
$
$
$
$
2½ LBS.
5 LBS.
9 LBS.
13 LBS.
17 LBS.
20 LBS.
$
$
$
$
$
$
CO2
BC DRY
CHEMICAL
HALON
PURPLE K
RECHARGING
ONLY
$
$
$
$
$
$
$
Each
Each
Each
Each
Each
Each
Each
HYDROSTATIC TESTING
& RECHARGING
$
$
$
$
$
$
$
SIX YEAR
MAINTENANCE
Each
Each
Each
Each
Each
N/A
N/A
N/A
N/A
N/A
N/A
Each
Each
N/A
$
Each
$
Each
$
Each
Each
Each
Each
Each
Each
$
$
$
$
$
Each
Each
Each
Each
Each
$
$
$
$
$
Each
Each
Each
Each
Each
$
$
$
$
$
Each
Each
Each
Each
Each
$
Each
$
Each
$
Each
$
Each
Each
Each
Each
Each
$
$
$
$
Each
Each
Each
Each
$
$
$
$
Each
Each
Each
Each
$
$
$
$
Each
Each
Each
Each
$
$
$
$
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
$
$
$
$
$
$
Each
Each
Each
Each
Each
Each
$
$
$
$
$
$
Each
Each
Each
Each
Each
Each
$
$
$
$
$
$
Each
Each
Each
Each
Each
Each
$
$
$
$
$
$
Each
Each
Each
Each
Each
Each
CITY OF CHARLOTTE – AVIATION – ANNUAL INSPECTION AND MAINTENANCE OF FIRE EXTINGUISHERS
8