request for proposals - charlotte, north...

REQUEST FOR QUALIFICATIONS

PUBLIC-PRIVATE PARTNERSHIP FOR

INDOOR AMATEUR SPORTS COMPLEX DEVELOPMENT PROJECT

RFQ # 269-2018-003

CITY OF CHARLOTTE NORTH CAROLINA

SEPTEMBER 15, 2017

REQUEST FOR QUALIFICATIONS RFQ #269-2018-003

Public-Private Partnership For Indoor Amateur Sports Complex Development Project September 15, 2017

Dear Sir or Madam:

The City of Charlotte, North Carolina, is soliciting Statements of Qualifications from interested Companies to enter into a collaborative public-private partnership with the City to develop a new Indoor Amateur Sports Complex. The requirements for submitting a Response are stated in the attached Request for Qualifications (the “RFQ”). Please review them carefully.

A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFQ and answering questions regarding the Services will be held on September 22, 2017 at 10:00 a.m. at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina 28202, second floor Conference Room #280. All interested Companies should return a completed Request for Qualifications Acknowledgement Form (Section 7, Form 1) by September 21, 2017 at 4:00 p.m.

An electronic copy of the RFQ in Microsoft Word format may be obtained by contacting Karen Ewing at [email protected].

All Responses are due to the Management and Financial Services, Procurement Management Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later than October 31, 2017 at 2:00 p.m.

One (1) electronic copy of the Response on a flash drive in a searchable format such as MS Word or Adobe Acrobat and one (1) original Response signed in ink by a company official authorized to make a legal and binding offer, plus six (6) copies of your Response must be submitted in a sealed box or opaque envelope plainly marked with the Response number and service description as follows:

Request for Qualifications Attention: Karen Ewing [Name of Company Submitting Response] Indoor Amateur Sports Complex Development Project RFQ #269-2018-003

RFQ questions must be directed to Karen Ewing, Management and Financial Services, Procurement Management Division, per the enclosed instructions in Section 2.3. The City is an equal opportunity purchaser.

Sincerely, Kay Elmore Chief Procurement Officer cc: RFQ Project Team

RFQ file

mailto:[email protected]

Checklist for submitting a Response:

Step 1-Read the document fully.

Step 2-If you plan on submitting a Response please email or fax Form 1 in Section 7 to the address or number listed on the sheet.

Steps 3-If you have any questions send them before the deadline listed in Section 2.1.

If you plan to submit a Response you must follow this checklist, and must include everything detailed below.

Response Copies - Please provide the specified number for each format 1 Copy on flash drive

1 Copy marked “Original”

6 Copies marked “Copy”

Response Format - Responses should be formatted as follows:

Included (Check) Requirements

Cover Letter per Section 4.1.1 Addenda Acknowledgement Form (Section 7, Form 2) Proposal Submission Form (Section 7, Form 3) MWSBE Participation Plan (Section 1.6.6; Section5.7, and Section 7, Form 4) Company’s Background Response (Section 7, Form 5) References (Section 7, Form 6) Non-Discrimination Provision (Section 7, Form 7) Financing Strategy per Sections 3.4 Financial Qualifications per Section 3.5 Site Location per Section 3.6 Qualifications and Experience per Section 3.7 Project Team per Section 3.8 Statement of Availability per Section 3.9 Project Approach per Section 3.10 Exceptions to any part of the RFQ per Section 4.1.13 (If you take any exceptions to

anything in this document, please list it in a category in your Proposal called “Exceptions” and offer an alternative solution).

The above items constitute all that must be included in the Response. If awarded a contract, you will be required to provide an insurance certificate that meets or exceeds the requirements set forth in Section 6.

It is the Company’s responsibility to check www.ips.state.nc.us for any addenda or changes to this Project. Search for bid # 269-2018-003 to find if any documents or changes have been posted.

http://www.ips.state.nc.us/

Table of Contents

INDOOR AMATEUR SPORTS COMPLEX DEVELOPMENT PROJECT RFQ# 269-2018-003 September 15, 2017 i

TABLE OF CONTENTS

1. INTRODUCTION. ................................................................................................................ 1

1.1. OBJECTIVE. ..................................................................................................................... 1 1.2. DEFINITIONS. .................................................................................................................. 1 1.3. ACCURACY OF RFQ AND RELATED DOCUMENTS. ......................................................... 3 1.4. CITY’S RIGHTS AND OPTIONS. ....................................................................................... 4 1.5. EXPENSE OF SUBMITTAL PREPARATION. ....................................................................... 4 1.6. RESPONSE CONDITIONS.................................................................................................. 4

2. PROCUREMENT PROCESS. ............................................................................................. 9

2.1. SCHEDULE AND PROCESS. .............................................................................................. 9 2.2. INTENT TO PROPOSE. ...................................................................................................... 9 2.3. INTERPRETATIONS AND ADDENDA. ............................................................................... 9 2.4. SUBMISSION OF RESPONSES. ........................................................................................ 10 2.5. CORRECTION OF ERRORS. ............................................................................................ 10 2.6. EVALUATION. ............................................................................................................... 11 2.7. COUNCIL APPROVAL. ................................................................................................... 11 2.8. VENDOR INCLUSION. .................................................................................................... 11

3. SCOPE OF SERVICES. ..................................................................................................... 12

3.1. BACKGROUND. ............................................................................................................. 12 3.2. MARKET IMPACT AND POTENTIAL. .............................................................................. 12 3.3. SCOPE OF SERVICES. .................................................................................................... 13 3.4. FINANCING STRATEGY. ................................................................................................ 13 3.5. FINANCIAL QUALIFICATIONS. ...................................................................................... 14 3.6. SITE LOCATION REQUIREMENTS. ................................................................................. 14 3.7. QUALIFICATIONS AND EXPERIENCE. ............................................................................ 15 3.8. PROJECT TEAM. ............................................................................................................ 15 3.9. STATEMENT OF AVAILABILITY. ................................................................................... 16 3.10. PROJECT APPROACH. .................................................................................................... 16 3.11. CONCEPT PLAN. ........................................................................................................... 16 3.12. SALES AND MARKETING PARTNERSHIP. ...................................................................... 16 3.13. COMMUNITY ACCESS PLAN. ........................................................................................ 17 3.14. YOUTH EMPLOYMENT AND APPRENTICESHIP OPPORTUNITIES. .................................. 17 3.15. ENVIRONMENTAL SYSTAINABILITY. ............................................................................ 17

4. RESPONSE CONTENT AND FORMAT. ........................................................................ 18

4.1. RESPONSE CONTENT. ................................................................................................... 18

5. PROPOSAL EVALUATION CRITERIA. ....................................................................... 20

5.1. FINANCING STRATEGY. ................................................................................................ 20 5.2. FINANCIAL QUALIFICATIONS. ...................................................................................... 20 5.3. SITE LOCATION. ........................................................................................................... 20 5.4. QUALIFICATIONS AND EXPERIENCE. ............................................................................ 20 5.5. PROJECT TEAM. ............................................................................................................ 20 5.6. PROJECT APPROACH. .................................................................................................... 20 5.7. MWSBE COMMITMENT. .............................................................................................. 20 5.8. EXCEPTIONS TO THE RFQ. ........................................................................................... 20 5.9. ACCEPTANCE OF THE TERMS OF THE CONTRACT. ....................................................... 20

Table of Contents

INDOOR AMATEUR SPORTS COMPLEX DEVELOPMENT PROJECT RFQ# 269-2018-003 September 15, 2017 ii

6. INSURANCE. ...................................................................................................................... 22

6.1. RAILROAD PROTECTIVE LIABILITY .............................................................................. 22 6.2. AUTOMOBILE ............................................................................................................... 22 6.3. COMPREHENSIVE GENERAL LIABILITY ........................................................................ 22 6.4. WORKERS’ COMPENSATION ......................................................................................... 22 6.5. PROFESSIONAL ERRORS & OMISSIONS ........................................................................ 22 6.6. CONTRACTOR’S POLLUTION LIABILITY. ...................................................................... 23 6.7. BUILDERS’ RISK ........................................................................................................... 23 6.8. EQUIPMENT BREAKDOWN COVERAGE (A.K.A. BOILER & MACHINERY) ..................... 23 6.9. INDEMNIFICATION. ................................................................................................. 23

REQUIRED FORM 1 - REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT 25

REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION ...................................... 26

REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM ................................................. 27

REQUIRED FORM 4 – M/W/SBE PARTICIPATION COMMITMENT ............................ 29

REQUIRED FORM 5 – COMPANY BACKGROUND AND QUALIFICATIONS ............ 31

REQUIRED FORM 6 – REFERENCES................................................................................... 33

REQUIRED FORM 7– NON-DISCRIMINATION PROVISION ......................................... 34

APPENDIX A - ECONOMIC DEVELOPMENT FY2018 AND FY2019 STRATEGIC FOCUS AREA PLAN ................................................................................................................. 35

APPENDIX B - LETTER TO THE COMMUNITY ................................................................ 36

APPENDIX C - 10 TRAITS OF WINNING CITIES .............................................................. 37

Section 1 Introduction and General Information

INDOOR AMATEUR SPORTS COMPLEX DEVELOPMENT PROJECT RFQ# 269-2018-003 September 15, 2017 1

1. INTRODUCTION.

1.1. Objective. Pursuant to N.C. G.S. §143-128.1C, the City seeks a public-private partnership with a highly qualified Company to provide a development plan, including, but not limited to, funding, land, consulting, planning, design, construction, and management services for an Indoor Amateur Sports Complex facility, to achieve the following:

• Provide an indoor sports and recreation facility that creates a competitive advantage for Charlotte as a preferred destination to host indoor amateur and youth sports events.

• Create a public-private sales and marketing partnership that maximizes the potential of the proposed venue.

• Develop a financially viable, phased project using private sector funding sources. • Expand the State and local tax (property, income, sales) base. • Provide new employment opportunities and youth apprenticeships. • Provide recreational opportunities to Charlotte residents, especially children. • Provide support for Charlotte’s visitor economy. • Maximize contracting opportunities with City certified and registered Minority

women Small Business Enterprise (MWSBE) firms.

1.2. Definitions. As used in this RFQ, the following terms shall have the meanings set forth below: Acceptance: Refers to receipt and approval by the City of a Deliverable or

Service in accordance with the acceptance process and criteria in the Contract.

Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs services.

Charlotte Business Inclusion (CBI): Refers to the Charlotte Business Inclusion Policy and

Program of the City of Charlotte. Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties

of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business INClusion to determine eligibility to participate in the program.

Charlotte Regional Visitors Authority (CRVA): Refers to a division of the City of Charlotte that leads in

destination development, marketing and venue management expertise.

City: Refers to the City of Charlotte, North Carolina.



City Project Refers to a specified City employee representing the City’s Manager: best interests in this Project. Company: During the solicitation process, refers to a company that has

interest in providing the Services. After the solicitation process, refers to a company that has been selected by the City to provide the Services.

Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Project.

Deliverables: Refers to all tasks, reports, information, designs, plans, and other items that the Company is required to deliver to the City in connection with the Contract.

Documentation: Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings, data models, flow charts, and logic diagrams.

Evaluation Committee: Refers to a City appointed committee that will evaluate Responses and identify the Company(-ies) best meeting the needs of the City.

Memorandum of Understanding: Refers to a written agreement executed by the City and

Company for all or part of the agreed upon Services.

Minority Business Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the

State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. §143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) has a significant business presence in the Charlotte Combined Statistical Area.

MWSBE: Refers to SBEs, MBEs and WBEs, collectively.

MWSBE Goal: If an RFQ or Contract has separate Subcontracting Goals for MBEs, WBEs, and/or SBEs, the term MWSBE is a shorthand way to refer collectively to all MBE, WBE, and SBE Goals set for the RFQ. In some instances, the City may set one combined goal for MBEs, WBEs, and/or SBEs, in which event the term MWSBE Goal refers to that one, combined goal. In the latter instance, calculated as a percentage, the MWSBE Goal represents the total dollars



spent with MBEs, WBEs, and SBEs as a portion of the total Response amount, including any contingency.

Project: Refers to the City’s need for a Company to provide Indoor Amateur Sports Complex Development for the City.

Project Plan: Refers to the detailed plan for delivery of the Services as described in Section 3, in the form accepted in writing by the City in accordance with the terms of this RFQ and resultant Contract.

Response: Refers to the proposal submitted by a Company for the Services as outlined in this RFQ.

Scope: Refers to the development plan and approach negotiated between the City and the selected Company.

Services: Refers to the Indoor Amateur Sports Complex Development Project as requested in this RFQ.

Small Business Refers to a business enterprise that is certified by the City of

Enterprise/SBE: Charlotte under Part E of the CBI Policy as meeting all of the requirements for SBE certification.

Specifications and Refers to all definitions, descriptions, requirements, criteria, Requirements: warranties, and performance standards relating to the

Deliverables and Services that are set forth or referenced in: (i) this RFQ, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services.

Subcontracting Goals: Refers to the SBE, MBE, WBE, and MWSBE Goals established by the City for an RFQ and resulting Contract.

Women Business Enterprise (WBE): Refers to a business enterprise that: (a) is certified by the

State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Stat. §143-128.4; (b) is at least fifty-one percent (51%) owned by one or more persons who are female; and (c) is headquartered in the Charlotte Combined Statistical Area.

Work Product: Refers to the Deliverables and all other programs, algorithms, reports, information, designs, plans and other items developed by the Company in connection with this RFQ, and all partial, intermediate or preliminary versions of any of the foregoing.

1.3. Accuracy of RFQ and Related Documents. Each Company must independently evaluate all information provided by the City. The City makes no representations or warranties regarding any information presented in this RFQ, or otherwise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such



information. In addition, the City will not be bound by or be responsible for any explanation or conclusions regarding this RFQ or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.

If a Company identifies potential errors or omissions in this RFQ or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation will be responsible for delivering such requests to the City's designated representative as directed in RFQ Section 2.

1.4. City’s Rights and Options. The City reserves the right, at the City’s sole discretion, to take any action affecting this RFQ, this RFQ process, or the Services or facilities subject to this RFQ that would be in the best interests of the City, including:

1.4.1. To supplement, amend, substitute, or otherwise modify this RFQ, including the schedule, or to cancel this RFQ, at any time;

1.4.2. To require any Companies to supplement or clarify its Response or provide additional information relating to its Responses;

1.4.3. To investigate the qualifications, experience, capabilities, and financial standing of each Company submitting a Response;

1.4.4. To waive any defect or irregularity in any Response received;

1.4.5. To reject any or all Responses;

1.4.6. To share the Responses with City employees and contractors in addition to the Evaluation Committee as deemed necessary by the City;

1.4.7. To award all, none, or any part of the Services and enter into Contracts with one or more of the responding Companies deemed by the City to be in the best interest of the City, which may be done with or without re-solicitation;

1.4.8. To discuss and negotiate with any Company(-ies) their Response terms and conditions, including but not limited to financial terms; and

1.4.9. To terminate discussions and negotiations with any Company at any time and for any reason.

1.5. Expense of Submittal Preparation. The City accepts no liability, and Companies will have no actionable claims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Response submission, submission of written questions, attendance at pre-proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.

1.6. Response Conditions. The following terms are applicable to this RFQ and the Company’s Response.

1.6.1. RFQ Not An Offer.



This RFQ does not constitute an offer by the City. No binding contract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and the Company execute a Contract. No recommendations or conclusions from this RFQ process concerning the Company 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.

1.6.2. Trade Secrets and Personal Identification Information /Confidentiality. Upon receipt at the Procurement Management Division, all materials submitted by a Company (including the Response) are considered public records except for (1) material that qualifies as “trade secret” information under N.C. Gen. Stat. §6-152 et seq. (“Trade Secrets”) or (2) “personal identification information” protected by state or federal law, to include, but not be limited to, social security numbers, bank account numbers, and driver’s license numbers (“Personal Identification Information” or “PII”). After the Response due date, the Evaluation Committee, other City staff, and members of the general public who submit public records requests may review the Response.

The public disclosure of the contents of a Response or other materials submitted by a Company is governed by N.C. Gen. Stat. §132 and 66-152 et seq.. If any Response contains Trade Secrets or PII, such Trade Secrets and PII must be specifically and clearly identified in accordance with this Section 1.6.2. Any Trade Secrets or PII submitted by a Company must be clearly segregated from the rest of the Response. For hard copy Responses, it must be submitted in a separate, sealed envelope, marked either “Personal Identification Information – Confidential” or “Trade Secret—Confidential and Proprietary Information.” For electronic submissions it must also be submitted on a separate CD or flash drive. In both hard copy or electronic format, the confidentiality caption stated above must appear on each page of the Trade Secret or PII materials. By submitting a Response, each Company agrees that the City may reveal any Trade Secret materials and PII contained therein to all City staff and City officials involved in the selection process, and to any outside consultant or other third parties who serve on the Evaluation Committee or who are hired or appointed by the City to assist in the evaluation process.

Furthermore, each Company agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Company has designated as a trade secret. The City may disqualify and Company that designates its entire Response as a trade secret, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret.

1.6.3. Amendments to RFQ. If the City amends this RFQ, addenda will be posted to the IPS website at www.ips.state.nc.us, bid #269-2018-003. Companies are required to




acknowledge receipt of each addendum by including the Addenda Receipt Confirmation Form (Section 6, Form 2) with their Responses.

1.6.4. Response Terms Firm and Irreversible. The City reserves the right to negotiate price and other terms after Responses have been submitted. Pricing (including all statements, claims, declarations, prices, and specifications) shall be considered firm and irrevocable for purposes of Contract negotiations unless specifically waived in writing by the City.

1.6.5. Response Binding for 180 Days. Section 6, Form 3 contains a statement to the effect that the Response is a firm offer for one-hundred-eighty (180) calendar day period from the date pricing is provided. This statement must be signed by an individual authorized to bind the Company. All pricing, once provided, shall be firm and fixed for the full Contract period.

1.6.6. Charlotte Business INClusion Program. Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and local business opportunities in the City’s contracting and procurement process for Minority Women Small Business Enterprises (MWSBEs) with a significant business presence in the Charlotte Combined Statistical Area (CSA). The CBI Policy is posted at: www.charlottebusinessinclusion.com.

The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.

Public Private Partnership projects are subject to Part G of the CBI Policy. Consequently, prior to City Council’s vote to award, the City will require the selected Company to agree on MWSBE Goals for the Project.

Companies responding to this RFQ are required to provide an MWSBE Participation Plan, describing your approach and past history with MWSBE utilization. The Participation Plan should include at a minimum the following elements:

• Identify MWSBE vendors you propose to use on the project;

• Identify outreach efforts that will be employed by the Company to maximize MWSBE inclusion throughout the life of the project;

• Identify specific scopes of work to be performed by MWSBEs;

• Document the overall percentage to be committed to MWSBEs; and

• Describe your approach and past history utilizing MWSBEs (include a list of past projects and your MWSBE utilization on said projects).

• The City has established the following MWSBE Goals for all development, planning, design, consulting, pre-construction and

http://www.charlottebusinessinclusion.com/



construction work, and for any other work, services and products provided on the Project:

MBE Goal 15%: May be satisfied by an entity that qualifies as a Minority Business Enterprise under N.C. Gen. Stat. § 143-128, and that has been certified as a Historically Underutilized Business by the State of North Carolina, and furthermore has an ethnic designation of either African American, Hispanic, or Native American with a significant business presence in the Charlotte Combined Statistical Area.

WSBE Goal 10%: May be satisfied by an entity that is certified by the City of Charlotte under Part E of the CBI Policy as meeting all of the requirements for SBE certification and/or WBE registration.

Aggregate MWSBE Goal 20%: The total work performed by MWSBEs in the aggregate.

Entities Certified In Multiple Categories. In measuring Aggregate MWSBE Goal attainment, a firm that is certified as both an SBE by the City and a MBE by the State shall be counted in both the SBE category and the applicable MBE category. For example, work committed to an SBE that is also an MBE shall count toward both the SBE and MBE Project Goals. For this reason, Project Goals will be established and tracked separately for each type of MWSBE, and also in the aggregate for the Aggregate MWSBE Goal.

You are highly encouraged to consider any and all possibilities for MWSBE participation. A complete list of City certified SBEs and City registered MWBEs is available at www.charlottebusinessinclusion.com. Please note, when identifying MBEs for inclusion towards the established MBE Goal, only HUB certified MBEs with a significant business presence in the Charlotte Combined Statistical Area will be counted towards the established MBE Goal.

1.6.7. Subcontracting. The Company given contract award shall be the prime contractor and shall be solely responsible for contractual performance. In the event of a subcontracting relationship, the Company shall remain the prime contractor and will assume all responsibility for the performance of the Services that are supplied by all subcontractors. The City retains the right to approve all subcontractors.

1.6.8. Equal Opportunity. The City has an equal opportunity purchasing policy. The City seeks to ensure that all segments of the business community have access to supplying the goods and services needed by City programs. The City provides equal opportunity for all businesses and does not discriminate against any Companies regardless of race, color, religion, age, sex, and national origin or disability.

1.6.9. Use of City’s Name.




No advertising, sales promotion, or other materials of the Company or its agents or representatives may identify or reference the City in any manner absent the prior written consent of the City.

1.6.10. Withdrawal for Modification of Responses. Companies may change or withdraw a previously-submitted Response at any time prior to the Response due date. Only formal written requests addressed in the same manner as the Response and received by the City prior to the Response due date will be accepted. The request must be in a sealed envelope that is plainly marked “Modifications to Response.” No oral modifications will be allowed. If the Company complies with this Section, after the Response due date, the Response, will be withdrawn or corrected in accordance with the written request(s).

1.6.11. No Bribery. In submitting a response to this RFQ, each Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the City in connection with the Contract.

1.6.12. Exceptions to the RFQ. Other than exceptions that are stated in compliance with this Section and Section 3.7, each Response shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this RFQ. An “exception” is defined as the Company’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the RFQ including the Sample Contract language included as in Exhibit A. All exceptions taken must be identified and explained in writing in your Response and must specifically reference the relevant section(s) of this RFQ. If the Company provides an alternate solution when taking an exception to a requirement, the benefits of this alternative solution and impact, if any, on any part of the remainder of the Company’s solution, must be described in detail.

1.6.13. Fair Trade Certifications. By submitting a Response, the Company certifies that:

The provided pricing will have been arrived at independently, without consultation, communication, or agreement with anyone, as to any matter relating to such prices for the purpose of restricting competition;

Unless otherwise required by law, the prices quoted have not been knowingly disclosed by the Company and will not knowingly be so disclosed prior to the pricing submittal date; and

No attempt has been made or will be made by the Company to induce any other person or firm to submit or not to submit pricing for the purpose of restricting competition.

1.6.14. Companies’ Obligation to Fully Inform Themselves. Companies or their authorized representatives must fully inform themselves as to all conditions, requirements, and specifications of this RFQ before submitting Responses. Failure to do so will be at the Company’s own risk.

Section 2 Procurement Process


2. PROCUREMENT PROCESS. This Section 2 contains information about the procurement process for this Project.

2.1. Schedule and Process. The following chart shows the schedule of events for the conduct of this RFQ. The key events and deadlines for this process are as follows, some of which are set forth in more detail in the Sections that follow:

DATE EVENT September 15, 2017 Issuance of RFQ. The City issues this RFQ. September 21, 2017 Request for Qualifications Acknowledgement. Companies

that intend to submit a Response shall submit the RFQ Acknowledgement Form on this date to the email or fax number listed in Section 2.3.

September 21, 2017 Submission of Written Questions Prior to Pre-Qualification Conference. Questions are due by 4:00 p.m.

September 22, 2017 Pre-Qualification Conference. Conference to be held at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth St., Charlotte, NC 28202 in Room #280 at 10:00 a.m.

October 31, 2017 Response Submission. Responses are due by 2:00 p.m. at the Procurement Management Division, CMGC 9th Floor per Section 2.4.

November 1-17, 2017

Evaluation. The Evaluation Committee will assess each Response and conduct evaluation activities.

November 27, 2017 City Council approval of MOU and authorization to move forward with final agreement negotiations.

January 2018 Public hearing and adoption of final agreement. Note: dates are subject to change. Any revisions to the schedule will be issued in an addendum per Section 1.6.3.

2.2. Intent to Propose. Please acknowledge receipt of this RFQ via facsimile or email by September 21, 2017 using the Request for Qualifications Acknowledgement Form located in Section 6, Form 1. Complete the form in its entirety advising the City of your firm’s intention to submit or not submit a Response. Fax or email a copy of the completed and signed form to the number or email address listed below. The City strongly encourages Companies to submit this form but Companies shall not be precluded from submitting a Response if they fail to submit this form.

2.3. Interpretations and Addenda. Companies may only submit questions in writing to the Procurement Officer at the e-mail address listed below. Other than these permitted questions, Service Providers should refrain from contacting City or CRVA staff prior to the Response Due Date. The City is not bound by any statements, representations or clarifications regarding this RFQ other than those provided in writing by the Procurement Officer.



Karen Ewing, Deputy Chief Procurement Officer City of Charlotte Procurement Management Division 600 East 4th Street, CMGC 9th Floor Charlotte, NC 28202 RFQ #269-2018-003 Phone : 704-336-2992 Fax: 704-632-8254 E-mail: [email protected]

When submitting questions, please reference the RFQ page and topic number. Questions must be submitted in writing by the deadline stated in Section 2.1. In the case of questions not submitted by the deadline, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether an answer can be given before the Response Due Date. When responding to Service Provider questions or issuing addenda to the RFQ, the City will post the answer or information to the Internet at www.ips.state.nc.us, solicitation # 269-2018-003. Service Providers are required to acknowledge their receipt of each addendum by including in the Response a completed Addenda Receipt Confirmation Form (Section 6, Form 2).

2.4. Submission of Responses. Responses must be in the format specified in Section 4 of this RFQ. One (1) electronic copy on a flash drive in a searchable format such as MS Word or Adobe Acrobat and one (1) original Response, signed in ink by a company official authorized to make a legal and binding offer, plus six (6) copies shall be submitted to the address listed in Section 2.3 above by October 31, 2017 on or before, but no later than 2:00 p.m. The original Response and each of the copies shall be complete and unabridged, and shall not refer to any other copy of the signed and sealed original for any references, clarifications, or additional information.

When received, all Responses and supporting materials, as well as correspondence relating to this RFQ, shall become the property of the City. Responses sent by fax or email will not be accepted. Due to security measures at the Charlotte-Mecklenburg Government Center (CMGC), your sealed box(es), including any portions marked as Confidential/Trade Secret, may be searched and thoroughly inspected prior to admittance. Please allow time for this search to take place and to re-seal the box if delivering your Response in person to the CMGC.

Do not arrive at the Procurement Management Division on the Response due date for the purposes of reviewing your competitors’ Responses. The Responses will not be read aloud or made available to inspect or copy until any trade secret issues have been resolved. All Responses will be time-stamped upon receipt and held in a secure place until opening.

2.5. Correction of Errors. The person signing the Response must initial erasures or other corrections in the Response. The Company further agrees that in the event of any obvious errors, the City reserves the right to waive such errors in its sole discretion. The City, however, has no obligation under any circumstances to waive such errors.





2.6. Evaluation. As part of the evaluation process, the Evaluation Committee may engage in discussions with one or more Companies. Discussions might be held with individual Companies to determine in greater detail the Company’s qualifications, to explore with the Company the Scope and nature of the required contractual Services, to learn the Company’s proposed method of performance and the relative utility of alternative methods, and to facilitate arriving at a Contract that will be satisfactory to the City.

The City may in its discretion require one or more Companies to make presentations to the Evaluation Committee or appear before the City and/or its representatives for an interview. During such interview, the Company may be required to orally and otherwise present its Response and to respond in detail to any questions posed. Additional meetings may be held to clarify issues or to address comments, as the City deems appropriate. Companies will be notified in advance of the time and format of such meetings.

2.7. Council Approval. As soon as practical after evaluations, the name of the apparent successful Company will be submitted to Charlotte City Council for approval to enter into negotiations, and execute a Memorandum of Understanding (MOU) that defines the Scope of Work, responsibilities of the Company, pricing and Project Plan. In the event the Council approval is not received within one hundred eighty (180) calendar days after pricing is provided, the Company may request that it be released from the Response.

2.8. Vendor Inclusion. The City’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all Companies. Although Companies are not required to be registered in the City’s vendor registration system prior to submitting a Response, in order to execute a contract with the City and receive payment from the City, all Companies must register with the City’s vendor registration system.

Your registration provides the City with baseline information for your company including location, contact and demographic information, as well as your areas of expertise with specific commodity and/or service descriptions. You will also have the opportunity to complete any applicable certifications if your company desires to establish itself as an SBE, MBE, or WBE. The link below will provide you with the opportunity to complete your registration on-line with the City.

http://charlottenc.gov/vendors

http://char/

Section 3 Scope of Services


3. SCOPE OF SERVICES.

3.1. Background. In recent years, the City of Charlotte (City) has become a preferred destination for amateur and youth sports events. Through the efforts of the Charlotte Regional Visitors Authority (CRVA), the City’s destination marketing organization, and through partnerships the CRVA has with Mecklenburg County Park and Recreation, amateur and youth sports events now account for approximately 50 percent (50%) of the room nights generated by Visit Charlotte, contributing to special events held in the community. The majority of these events are field sports. In order to more fully compete for amateur sports events on a year round basis, the City needs to encourage development of a best in class indoor amateur sports facility that will make Charlotte competitive for events that are regional and national in scope. Since at least 2012, the City has documented that need and taken the following steps to address it:

1. Since 2012, City Council’s Focus Area Plans have included a priority to grow indoor amateur sports as a key economic development strategy.

2. In 2013, the City conducted an RFP for Indoor Amateur Sports adjacent to the Bojangles Coliseum and Oven Auditorium facilities. The RFP did not produce a suitable partner.

3. In 2013, the City sought, and the NC General Assembly approved, expanding eligible Convention Center Tax Fund use to also include indoor amateur sports.

4. A 2012 CRVA Feasibility Study cited the need for, expanding indoor amateur sports to grow the local hospitality and tourism economy.

As the City looks to the future, the strategic foundation will be aligned with the FY 2018 Economic Development Strategic Focus Area Plan, Community Letter, and on cultivating the 10 Traits of Winning Cities of Tomorrow, included as Appendix A, B, and C respectively. To that end, the City of Charlotte is now seeking a development partner for a best in class indoor amateur sports facility.

3.2. Market Impact and Potential.

A February 2012 UNC Charlotte report entitled “The economic impact of Sports and Sports Events on the Charlotte MSA Economy” measured the impact of amateur and youth sports events at $232,528,091 for the calendar year 2011. Furthermore, these events tend to occur during weekends, adding significant economic impact during what is traditionally a low-demand period for Charlotte’s visitor economy. The CRVA has had initial conversations with representatives of several amateur sports governing associations, all of which are potential users of the proposed facility. These events include archery, badminton, basketball, bowling, boxing, cheerleading, fencing, gymnastics, handball, judo, mixed martial arts, powerlifting, table tennis, volleyball, weightlifting and multi-sport events (like the State Games of North Carolina). The CRVA reports strong interest from these organizations to hold their events in Charlotte.



3.3. Scope of Services. The Company shall have an understanding and experience with creating a development framework. One of the City’s goals is that this framework provides certainty on what to expect from developers (scale of development, general design guidelines, entitlements, etc.) and what they expect from the City (infrastructure investment, financial incentives, etc.). Companies shall also demonstrate experience in facilitating large scale development initiatives.

A potential partnership between a private developer and the City could include a financial partnership component. Any proposal for City financial assistance should outline why City funding is needed, how much is requested, and what infrastructure elements would be funded with City funds. North Carolina law requires the private developer to contribute at least 50% of the total cost of the project. The City will not contribute to any ongoing operating costs. As part of any funding partnership, the City will require a property interest in the project as needed for debt amortization. The City’s intent is to negotiate and enter into a Memorandum of Understanding (MOU) with the selected Company. The MOU will define the general terms and conditions of the development framework, the responsibilities of the Company and the obligations of the City. The MOU will also address all N.C. G.S. §143-128.1C requirements, including, but not limited to, the programing requirements of article (h), and include a set schedule for obtaining financial commitments and plan approvals.

3.4. Financing Strategy. The City seeks to maximize the potential of the project as a catalyst for development in the location proposed. In determining economic feasibility, Companies may take into account all available non-City sources of financing (e.g., tax credits) or other private or federal assistance that may benefit the development. Companies should provide:

1. A listing of all anticipated sources of construction and permanent financing with terms (e.g., interest rates, amortization type and period, required return on equity and internal rate of return, coverage ratios covenants, and other relevant information).

2. Detailed descriptions of which, if any, Federal or State government funding sources the Company intends to use for the development.

3. A schedule that clearly specifies in tabular form each anticipated source of funds and the uses of those funds.

4. The proposal should include a five-year financial operating pro-forma for the facility upon completion.

5. A detailed, fully functional and unlocked Microsoft Excel-based pro forma, inclusive of the following calculations: construction and other development costs, a detailed cash flow of revenues and expenses, return on cost and return on equity (leveraged and unleveraged), internal rate of return and any other project- specific return metrics. The pro forma also should include a summary tab that captures and consolidates the calculations.



6. Projected costs for the partnership and construction of the Indoor Amateur Sports Complex facility, including a breakdown that clearly shows any City financial responsibility. The City must comply with NC General Statutes including N.C. G.S. §160A-20 regarding security interests, as applicable.

3.5. Financial Qualifications.

Company shall provide evidence of financial stability. However, “trade secrets” as that term is defined in G.S. §66-152(3) shall be exempt from disclosure under Chapter 132 of the N.C. General Statutes.

Companies shall include financial qualifications with their RFQ response that will provide the following:

1. Demonstrated sufficient financial capacity to finance this project;

2. Ability to raise equity and identify additional capital sources for funding pre-development costs;

3. A statement that the Company is not in arrears in the payment of any obligation due and owing to the State of North Carolina, Charlotte City limits, or the City of Charlotte, including tax payments and employee benefits, and that it shall not become so during the term of the agreement if selected; and

4. Financial strategy to maximize the potential of this project.

3.6. Site Location Requirements. 3.6.1. Companies must propose a project site location within the City of Charlotte

City limits. The Company must have real estate control at time of MOU execution. The optimal location will leverage transportation infrastructure, including transit, vehicle, and pedestrian access, and be in close proximity to:

a. Major thoroughfares; b. Tourist attractions; c. Restaurants, hotels, shopping, and other amenities to support a best in

class indoor amateur sports complex; and d. Civic and cultural assets.

3.6.2. The requirements for development of the property include a few specific non-negotiable items as follows:

a. Direct community benefit must be derived from the final development;

b. Company must break ground within 24 months of the finalized MOU with the City;

c. Access points for pedestrians and vehicular traffic must be incorporated; and

d. Company must work closely with CRVA to promote the proposed venue.

3.6.3. Because a successful development of the site affects the surrounding area,

the selected Company shall take into consideration how the elements of this site weave through the surrounding neighborhoods and commercial corridors.



The Company shall complete or address the following as part of the development plan:

a. Document a clear and concise vision for the overall development of the site;

b. Define streets, street sections, streetscape elements and block plan to create developable blocks and a street network;

c. Identify concepts that define civic and public realm space (e.g. size and location of open space);

d. Create a series of landscape typologies for the public realm elements to guide the development of an integrated network of green infrastructure throughout the redevelopment site and immediately adjacent community;

e. Create a regulating plan that includes site specific architectural and site design development standards; and

f. Define metrics to evaluate plan implementation.

3.7. Qualifications and Experience. Company shall have experience with similar projects. Companies shall include background and experience information set forth in Section 6, Form 5, and additional information as applicable that demonstrates:

1. Successful track record and experience with developing complex, large scale developments, including sports and recreation facilities;

2. Proven ability to work with public agencies, particularly in a similar context, to achieve development desired by the public sector;

3. Proven ability to implement projects quickly, effectively, and on budget;

4. Experience with sustainable development within an urban context, including demonstrated use of innovative design and development practices to meet LEED standards or otherwise minimize environmental impacts of projects; and

5. Experience in providing opportunities to MWSBEs.

6. Demonstrated ability to partner with local organizations and/or address community concerns.

3.8. Project Team. Company shall include either a listing of licensed contractors, licensed subcontractors, and licensed design professionals whom the private developer proposes to use for the project’s design and construction or a statement outlining a strategy for open contractor and subcontractor selection based upon the provisions of N.C. G.S. §143-128.1C. Responses shall also include:

1. Company key personnel who will lead and support this project. 2. Information that explains the relationship of the members of the Company and

key personnel and their respective roles and contributions.



3. Name the title of the individual principally responsible for ensuring company support to MWSBE firms.

3.9. Statement of Availability. Company shall be able to undertake the public-private project and projected time for project completion.

3.10. Project Approach. Company shall provide a narrative summary of the approach for project implementation. This narrative should describe their approach and methods to ensure a project design that creates high-quality places, includes design excellence, is sensitive to adjacent neighborhoods, includes "green building"/LEED-Certified (Silver or higher) design and construction methods for the site and individual buildings, and is sensitive to the needs of special populations, such as the disabled.

Companies shall explain how they propose to integrate the physical, managerial and financial components to ensure the success of the Development Plan.

3.11. Concept Plan. Studies and customer feedback indicate that a large-scale “destination-defining” indoor amateur and youth sports facility must offer the following features:

a. Competition surface that is the equivalent of 10 or more high-school regulation basketball courts (or 20 or more regulation volleyball courts).

b. Flexibility to host the widest spectrum of amateur and youth sports events.

c. Supporting amenities, to include:

o Spectator Seating o Rest Rooms o Food and Beverage Offerings o Activity options for non-participating siblings o Changing rooms o Meeting Rooms

d. Location Competitiveness, to include:

o Proximity to hotels and restaurants o Proximity to other visitor amenities o Ease of access and parking

3.12. Sales and Marketing Partnership. Through its investment in the proposed partnership, the City expects its private-sector partner to work cooperatively with the CRVA to maximize the economic impact of the venue on Charlotte’s visitor economy. A premium will be placed on bringing events to the venue on weekends that generate the greatest possible number of visitors to Charlotte. The successful proposal will include plans to collaborate with the CRVA and maximize this objective. To maximize the value of the City’s investment, the partnership proposal should include CRVA access to dates in the Sports Complex on a rent-free basis (15 rent-free days are requested) to book events that are considered priority events for Charlotte’s Visitor Economy.



3.13. Community Access Plan.

Through its investment in the proposed partnership, the City expects its private-sector partner to make a portion of the venue available for community use. The successful proposal will include a community access plan that serves the citizens of Charlotte.

3.14. Youth Employment and Apprenticeship Opportunities.

Through its “Letter to the Community” dated October 3, 2016, the Charlotte City Council is committed to developing opportunities for youth employment and apprenticeships through community investments. The successful proposal will include a plan that meets this objective.

3.15. Environmental Sustainability.

The City values its environment and ecology and seeks to foster developments that promote and advance sustainability through best practice design principles. Companies are strongly encouraged to share their experience in developing green and sustainable projects and how they intent to incorporate that experience when developing a full proposal for the site.

Section 4 Response Content and Format


4. RESPONSE CONTENT AND FORMAT. The City desires all Responses to be identical in format in order to facilitate comparison. While the City’s format may represent departure from the Company’s preference, the City requires strict adherence to the format. The Response will be in the format described below: Cover letter;

a. Cover Letter per Section 4.1; b. The “Addenda Receipt Confirmation” set forth in Section 7, Form 2; c. The “Response Submission” set forth in Section 7, Form 3; d. The “MWSBE Participation Plan” form set forth in Section 7, Form 4; e. The “Company Background and Qualifications” form set forth in Section 7, Form 5; f. The “References” set forth in Section 7, Form 6; g. The “Non-Discrimination Provision set forth in Section 7, Form 7; h. Financing Strategy set forth in Sections 3.4; i. Financial Qualifications set forth in Section 3.5; j. Site Location set forth in Section 3.6 k. Qualifications and Experience per Section 3.7 and Section 7, Form 5; l. MWSBE Participation Plan per Section 1.6.6; m. Project Team set forth in Section 3.8; n. Statement of Availability set forth in Section 3.9; o. Project Approach set forth in Section 3.10; and p. Exceptions to the Remainder of the RFQ.

The City encourages Responses to be compatible with the City’s waste reduction goals and policies. Therefore, it is desired that all responses meet the following requirements:

• All Responses be printed 8 1/2" x 11" format with all standard text no smaller than eleven (11) points;

• All copies be printed double-sided;

• All copies be printed on recycled paper (at least 30% post-consumer recovered material and at least 30% total recovered material);

• Unless necessary, all Response originals and copies should minimize or eliminate use of non-recyclable or non-reusable materials such as three-ring binders, plastic report covers, plastic dividers, vinyl sleeves, and GBC binding. Glued materials, paper clips, and staples are acceptable; and

• Materials are submitted in a format that allows for easy removal and recycling. Responses must also include a flash drive including the entire Response in a searchable format such as MS Word or Adobe Acrobat. Companies are required to organize the information requested in this RFQ in accordance with the format and instructions outlined above and detailed below. Failure to do so may result in the City, at its sole discretion, deeming the Response non-responsive. The Company, however, may reduce the repetition of identical information within several sections of the Response by making the appropriate cross-references to other sections of the Response. Appendices for certain technical or financial information may be used to facilitate Response preparation.

4.1. Response Content.

4.1.1. Cover Letter.

Section 4 Response Content and Format


The Response shall include a letter of transmittal attesting to its accuracy, signed by an individual authorized to execute binding legal documents. The cover letter shall provide the name, address, and telephone number of the Company along with the name, title, address, email address, and telephone number of the executive that has the authority to contract with the City. The cover letter shall contain:

1. Company's understanding of the Project and a summary of the approach to perform the Services;

2. A statement that, if selected, the Company will negotiate in good faith with the City or its respective members, as appropriate;

3. A statement that the Company grants to the City a non-exclusive right to use, or cause others to use, the contents of its submission, or any part thereof, for any purpose

4.1.2. Required Forms. To be deemed responsive to this RFQ, Companies shall complete, in detail, all Response Forms listed in Section 7 and include with the Company’s Response.

4.1.3. Exceptions to the RFQ. Exceptions shall be submitted in accordance with Section 1.6.12 of this RFQ. If exceptions are not identified in your Response they may not be considered during Contract negotiation and could result in Response being rejected from further consideration.

Section 5 Evaluation Criteria


5. PROPOSAL EVALUATION CRITERIA. Responses will be evaluated based on the Company's ability to meet the performance requirements of this RFQ. This section provides a description of the evaluation criteria that will be used to evaluate the Responses. To be deemed responsive, it is important for the Company to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFQ. The Company’s Response will be the primary source of information used in the evaluation process. Responses shall contain information specifically related to the proposed Services and requested herein. Failure of any Company to submit information requested may result in the elimination of the Response from further evaluation.

Responses will be assessed to determine the most comprehensive, competitive and best value solution for the City based on, but not limited to, the criteria. The City reserves the right to modify the evaluation criteria or waive portions thereof. Responses will be evaluated on the following major categories:

5.1. Financing Strategy. Companies will be evaluated on the Company’s Financing Strategy for this Project provided in the Company’s response to Section 3.4, and the City contribution requirements proposed.

5.2. Financial Qualifications. Companies will be evaluated on their Financial Qualifications provided in the Company’s response to Sections 3.7 and 5.2.

5.3. Site Location. Companies will be evaluated on the proposed project site location within Charlotte City limits per Section 3.6.

5.4. Qualifications and Experience. Companies will be evaluated on the Qualifications and Experience provided in the Company’s response to Sections 3.7 and Section 7, Form 5.

5.5. Project Team. Companies will be evaluated on the Qualifications and Experience provided in the Company’s response to Sections 3.8.

5.6. Project Approach. Companies will be evaluated on the Qualifications and Experience provided in the Company’s response to Sections 3.10.

5.7. MWSBE Commitment. The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process. Companies responding to this RFQ will be evaluated on their MWSBE inclusion approach and past history with MWSBE utilization provided in the Company’s response to Section 1.6.6 and Section 7, Form 4.

5.8. Exceptions to the RFQ. Exceptions shall be submitted in accordance with Section 1.6.12 of this RFQ. If exceptions are not identified in your Response they may not be considered during Contract negotiation and could result in Response being rejected from further consideration.

5.9. Acceptance of the Terms of the Contract.

Section 5 Evaluation Criteria


The City will evaluate Responses for compliance with the terms, conditions, requirements, and Scope of Work include in this RFQ. Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set forth in this RFQ and negotiated between the City and the Company. Exceptions shall be identified in accordance with Sections 1.6.12 and 4.1.3 of this RFQ.

Section 6 Insurance Requirements


6. INSURANCE. Companies shall furnish proof of insurance coverage in the minimum amounts specified below: The Company shall purchase and maintain with a company acceptable to the City and authorized to do business in the State of North Carolina, or have authorization to self-insure in the State of North Carolina, such insurance as will protect from claims which may arise out of or result from the Company's operation under the contract documents. This insurance shall be written for not less than the limits of liability specified below, or required by law. The Company is advised that if any part of the work under the contract is sublet, he shall require the subcontractor(s) to carry insurance as required below. However, this will in no way relieve the Company from providing full insurance coverage on all phases of the projects, including any that are sublet. If any insurance required to be provided by the Company should be canceled or changed by the insurance company or should any such insurance expire during the period of this contract, the Company shall be responsible for securing other acceptable insurance to provide continuous coverage during the life of this contract.

6.1. Railroad Protective Liability: When certain work is to be performed inside rights-of-way owned by railroads, North Carolina Department of Transportation or other Agencies, both the Company and any subcontractor may be required to furnish individual insurance certificates made in favor by the controlling agency, with limits as established by that agency, to include Railroad Protective Coverage as that may apply.

6.2. Automobile: Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $2,000,000 combined single limit - Bodily injury and property damage combined.

6.3. Comprehensive General Liability: Liability coverage as shall protect the Company performing work under this contract from claims of bodily injury or property damage which arise from operations of this contract whether such operations are performed by the Company, any subcontractor or anyone directly or indirectly employed by either, to include coverage for products/completed operations, personal and advertising injury and contractual liability assumed under the indemnity provision of this contract and broad form property damage, explosion, collapse and underground utility damage. If a crane is to be operated on site, riggers liability shall be added to cover property in the care custody and control of the crane owner, and or operator.

The amounts of such insurance shall not be less than $10,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. The City of Charlotte and its employees, agents, and representative (if applicable) shall be named as additional insured under the Company's general liability policies.

6.4. Workers’ Compensation: Workers' Compensation meeting the statutory requirement

of the State of North Carolina, and Employer’s Liability limits in the amount of $500,000 per accident limit, $500,000 disease per policy limit, $500,000 disease each employee limit, providing coverage for employees and owners.

6.5. Professional Errors & Omissions: Insurance with a limit of not less than $3,000,000 per claim occurrence as shall protect the Service Provider and the Service Provider’s



employees for negligent acts, errors or omissions in performing the professional services under this contract.

6.6. Contractor’s Pollution Liability: In the event the Work includes excavation where there is a potential for release of Hazardous Materials and/or treatment or remediation of Hazardous Material(s), insurance of not less than $1,000,000 per occurrence and in the aggregate will be required.

6.7. Builders’ Risk: Company shall purchase and maintain, builder’s risk insurance in the amount of the initial contract amount plus values of subsequent modifications, change orders and loss of materials supplied or installed by others comprising the value of the entire project at the site on a replacement cost basis. Such insurance shall be maintained, unless otherwise provided in the contract or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than Owner has insurable interest in the property to be covered, whichever is earlier.

The insurance shall include interests of Owner and the Company as interest may appear in the project.

Company shall separately insure or be wholly responsible for all materials destined to become a part of the completed structure when such materials are stored away from the site of the work. Such insurance shall include the interest of Owner and shall be subject to review and inspection by Owner.

The insurance shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false-work, temporary buildings, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests.

6.8. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the contract documents or by law, which shall specifically cover insured equipment during installation. complete. Failure of the Company to maintain continuous coverage as specified herein will result in this project being shut down and any payments due, or to become due, withheld until such time as adequate, acceptable insurance is restored. This would be in addition to any legal recourse open to the City under breach of contract.

6.9. INDEMNIFICATION.

To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the “Indemnitees” (as defined below) from and against any and all “Charges” (as defined below) paid or incurred as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Services or any products or deliverables provided to the City pursuant to this Contract (“Infringement Claims”); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; (iii) arising from the Company’s failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an



accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible; or (iv) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker’s compensation, failure to withhold taxes and the like. For purposes of this Section: (a) the term “Indemnitees” means the City and each of the City’s officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term “Charges” means any and all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts).

If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right to continue using the affected product or service; or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the City shall not be adversely affected by such replacement or modification. If the Company is unable to comply with the preceding sentence within thirty (30) days after the City is directed to cease use of a product or service, the Company shall promptly refund to the City all amounts paid under this Contract.

Section 7 Required Forms


REQUIRED FORM 1 - REQUEST FOR QUALIFICATIONS ACKNOWLEDGEMENT

RFQ #269-2018-003

Indoor Amateur Sports Complex Development Project

The Company hereby certifies receipt of the Request for Qualifications for the City of Charlotte, North Carolina RFQ #269-2018-003, Indoor Amateur Sports Complex Development Project. This form should be completed upon receipt of the City’s Request for Qualifications and faxed in time for the City to receive it by or before September 21, 2017. Failure to submit this form by the designated date shall not preclude the Company from submitting a proposal. Please fax or email the completed Request for Qualifications Acknowledgement Form to the attention of:

Karen Ewing Procurement Management Fax: 704-632-8254 Email: [email protected]

Date: _________________________

Authorized Signature:______________________________________________________

Title:__________________________________________________________________________

Company Name:________________________________________________________________

Contact Name: _________________________________________________________________

Contact E-mail address: __________________________________________________________

Please check the appropriate space below and provide the requested information:

_____We plan to submit a Response

_____We do not plan on submitting a Response:

Reason:_______________________________________________________________________

______________________________________________________________________________




REQUIRED FORM 2 - ADDENDA RECEIPT CONFIRMATION

RFQ #269-2018-003


Please acknowledge receipt of all addenda by including this form with your Response. All addenda will be posted to the NC IPS website at www.ips.state.nc.us.

ADDENDUM #: DATE ADDENDUM

DOWNLOADED FROM NC IPS: _____________ _________ _____________ _________ _____________ _________ _____________ _________

I certify that this proposal complies with the Specifications and conditions issued by the City except as clearly marked in the attached copy.

_____________________________ ______________________ (Please Print Name) Date

_____________________________ Authorized Signature

_____________________________ Title

_____________________________ Company Name




REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM

RFQ #269-2018-003


This Response is submitted by:

Company Name: ________________________________________________________

Representative (printed): ________________________________________________________

Address: ________________________________________________________

________________________________________________________

City/State/Zip: ________________________________________________________

Email address: ________________________________________________________

Telephone: ________________________________________________________ (Area Code) Telephone Number

Facsimile: ________________________________________________________ (Area Code) Fax Number

The representative signing above hereby certifies and agrees that the following information is correct:

1. In preparing its Response, the Company will consider all proposals submitted from qualified, potential subcontractors and suppliers; and has not engaged in or condoned prohibited discrimination. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age, religion, national origin, marital status, familial status, sexual orientation, gender identity, gender expression or 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.

2. Without limiting any other provision of the solicitation for Responses on this project, 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 by the Company on this Project and to terminate any contract awarded based on such bid.

3. As a condition of contracting with the City, the Company agrees to maintain documentation sufficient to demonstrate that it has not discriminated in its solicitation or selection of subcontractors. The Company further 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 subcontractors. Failure to maintain or failure to provide such information constitutes grounds for the City to reject the bid submitted by the Company or terminate any contract awarded on such bid.



4. As part of its Response, the Company shall provide to the City a list of all instances within the past ten years where a complaint was filed or pending against Company in a legal or administrative proceeding alleging that Company discriminated against its subcontractors, vendors or suppliers, and a description of the status or resolution of that complaint, including any remedial action taken.

5. The information contained in this Response or any part thereof, including its Exhibits, Schedules, and other documents and instruments delivered or to be delivered to the City, is true, accurate, and complete. This Response includes all information necessary to ensure that the statements therein do not in whole or in part mislead the City as to any material facts.

6. It is understood by the Company that the City reserves the right to reject any and all Responses, to make awards on all items or on any items according to the best interest of the City, to waive formalities, technicalities, to recover and re-bid this RFQ.

7. This Response is valid for one hundred and eighty (180) calendar days from the date pricing is provided to the City.

I, the undersigned, hereby acknowledge that my company was given the opportunity to provide exceptions to the requirements of this RFQ. As such, I have elected to do the following:

___ Include exceptions to the requirements in the following section of my Response:_______

___ Not include any exceptions to the requirements.

Representative (signed): ________________________________________________________



REQUIRED FORM 4 – MWSBE PARTICIPATION PLAN

RFQ #269-2018-003


The City maintains a strong commitment to the inclusion of MWSBEs in the City’s contracting and procurement process. Companies responding to this RFQ are required to provide an MWSBE Participation Plan as outlined in Section 1.6.6 along with this required Form 4. The City has established the following MWSBE Goals for all development, planning, design, consulting, pre-construction and construction work, and for any other work, services and products provided on the Project:

• MBE Goal 15% • WSBE Goal 10% • Aggregate MWSBE Goal 20%

A list of current registered and certified MWSBEs can be found at: www.charlottebusinessinclusion.com. Please indicate if your company is any of the following:

____ MBE ____WBE ____SBE

List Information for Each MWSBE to be Utilized on this Project:

Copy this form as needed to list all MWSBEs.

Firm Name

Work to be Performed

Dollar Amount

Firm Name


Dollar Amount

Firm Name





Dollar Amount

Firm Name


Dollar Amount

Firm Name


Dollar Amount

Company Name: _____________________________________________________________

Representative (signed): ________________________________________________________

_______________ _____________________________ Date Representative Name



REQUIRED FORM 5 – COMPANY BACKGROUND AND QUALIFICATIONS

RFQ #269-2018-003


Companies shall include responses to the questions posed below. Responses shall clearly indicate the question reference numbers.

General Questions: Companies shall respond to the following:

1. Company’s legal name and location. Indicate corporate headquarters and location that will be providing the Services.

2. How many years has your company been in business? How long has your company been providing the Services as described in Section 3.3?

3. Provide an overview and history of your company.

4. Provide a project-specific management organization chart of the proposing Company’s overall team organization, including director and officer positions and names and the reporting structure. Include any and all subcontractors that will participate in performing the Services and how they will report to the Company.

5. Describe the key individuals along with their qualifications, professional certifications and experience that would comprise your company’s team for providing the Services. Include each team member’s role on the team.

6. Explain how your organization ensures that personnel performing the Services are qualified and proficient.

7. Describe the communications scheme that your organization will use to keep the City informed about the Services.

8. List any litigation that your company has been involved with during the past two (2) years for Services similar to those in this RFQ.

Experience and Work Samples: Companies shall provide examples of the following:

9. Previous experience within the past five (5) years of creating implementable development plans for large areas (amusement parks, malls, airports, etc.).

10. Team-led planning processes that resulted in successful implementations.

11. Descriptions or summaries of previous plans that have included multi-faceted development solutions.

12. Description of precious success in providing opportunities to MWSBEs on past projects. Name and title of the individual principally responsible for ensuring company support to MWSBE firms.

13. Previous community engagement experience in multi-ethnic communities where multiple languages are spoken.

14. Expertise in urban design, cost analysis, civil engineering, market studies, master planning, community engagement, and implementation.

15. Knowledge of and experience working with developers.



16. Track record of delivering project objectives on time and in budget.

17. Provide examples of previous and similar projects including photographs and locations.

Project Philosophy: Companies shall provide the following:

18. A brief description of the specific design, development, and programming approach they would take in providing a site development plan.

19. Confirmation of their Company’s and team’s ability to perform the Services during the implementation timeframe (2018), or explain why the team believes more time is needed for the Services.

20. Genuine interest and enthusiasm for the development plan.



REQUIRED FORM 6 – REFERENCES

RFQ #269-2018-003


Companies shall complete the form below. The City’s preference is for references from organizations of similar size or where the Company is performing similar services to those described herein. If such references are not available, individuals or companies that can speak to the Company’s performance are adequate.

Reference 1

Company Name

Contact Name

Phone Number

Project Overview

Reference 2

Company Name

Contact Name

Phone Number

Project Overview

Reference 3

Company Name

Contact Name

Phone Number

Project Overview

Reference 4

Company Name

Contact Name

Phone Number

Project Overview

Reference 5

Company Name

Contact Name

Phone Number

Project Overview



REQUIRED FORM 7– NON-DISCRIMINATION PROVISION

PROJECT: Indoor Amateur Sports Complex Development Project

All requests for bids or Bids issued for City contracts shall include a certification to be completed by the Bidder or Proposer in substantially the following form: The undersigned Bidder or Proposer 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.

2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age, religion, national origin, marital status, familial status, sexual orientation, gender identity, gender expression or 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 thereunder, including possible disqualification from participating in City contracts or bid processes for up to two years.

4. As a condition of contracting with the City, the 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 or 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 thereunder.

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 or suppliers, 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 or Proposer agrees to comply with the City’s Commercial Non-Discrimination Policy as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder.

NAME OF COMPANY:

BY: TITLE:

SIGNATURE OF AUTHORIZED OFFICIAL:

DATE:

“Charlotte will thrive with diverse businesses and economic opportunity for all.”

The vision will be accomplished through the success of people, places, and businesses.

*Included in the Strategic Priorities Matrix

Objectives WHAT?

Strategies HOW?

Provide access to job training and employment opportunities for youth and adults

Implement Workforce Development Project serving individuals with multiple barriers to employment* Increase number of work experiences and internships through City programs* Connect individuals to jobs, apprenticeships, and other on- the-job training opportunities available through the private sector, educational institutions, and not-for-profit entities*

Promote the holistic development of targeted business districts and neighborhoods

Increase Amateur Sports-related tourism through enhancing and expanding amateur sports facilities*

Implement the Global Logistics Strategy for the area surrounding the Airport*

Invest in Airport facility improvements to meet domestic and international demand* Stimulate private investment in targeted areas and within areas identified by the Community Investment Plan and Business Corridor Revitalization Plan. Examples include Smart Districts, Applied Innovation Corridor, the Northwest Corridor, the Eastland/Central Avenue Area, the West Boulevard area, Southpark Area, and the Freedom Drive Area*

Foster economic success for everyone in the community

Increase contracting opportunities for Minority, Women, Small Business Enterprise (MWSBE) firms through the Charlotte Business INClusion Policy*

Simplify and clarify regulatory processes for real estate development and businesses* Provide and connect small businesses, including immigrant-owned and international businesses, to networking and learning opportunities in order to grow and operate more effectively* Complete enhancements to the City’s web portal (CharlotteBusinessResources.com) to meet the needs and increase usage of portal by emerging international and growing small businesses*

Update economic development grant programs to better align with business needs and community goals*

Economic Development FY2018 & FY2019 Strategic Focus Area Plan

APPENDIX A

*Included in the Strategic Priorities Matrix

Objective and Strategy Measure/Target FY2016 Actual Objective: Provide access to job training and employment opportunities for youth and adults

Strategy: Implement Workforce Development Program serving individuals with multiple barriers to employment*

Train 90 participants in highway construction, residential and commercial construction and broadband and fiber optic cabling through community and corporate partnerships New measure in FY2018 Graduate at least 72 participants from the Program by June 2018 New measure in FY2018 Place 51 individuals from the Program in employment opportunities by June 2018 New measure in FY2018

Strategy: Increase number of work experiences and internships through City programs*

Graduate at least 50% of enrolled participants from the Pre-Apprenticeship program for Transit Management by August 2019 New measure in FY2018

Create proposal for City Council consideration to increase youth employment and internship opportunities to 1,000 by June 2019

Mayor’s Youth Employment Program: 357 internships

Strategy: Connect individuals to jobs, apprenticeships, and other on-the-job training opportunities available through the private sector, educational institutions, and not-for-profit entities*

Create Corporate Advisory Councils for workforce development program by December 31, 2017 New measure in FY2018

Objective: Promote the holistic development of targeted business districts and neighborhoods Strategy: Stimulate private investment in targeted areas and within areas identified by the Community Investment Plan and Business Corridor Revitalization Plan. Examples include Smart Districts, Applied Innovation Corridor, the Northwest Corridor, the Eastland/Central Avenue Area, the West Boulevard area, Southpark Area, and the Freedom Drive Area*

Complete a North End Smart District public-private partnership agreement with developers by December 31, 2017 New measure in FY2018 Revise economic development grant programs for City Council consideration by July 1, 2017 New measure in FY2018 Complete a redevelopment framework strategy for Eastland Mall site by July 1, 2017 New measure in FY2018

Strategy: Invest in Airport facility improvements to meet domestic and international demand*

Continue to implement the Destination CLT program and Airport Area Strategic Development Plan 25% plan completion

Objective: Foster economic success for everyone in the community

Strategy: Increase contracting opportunities for Minority, Women, Small Business Enterprise (MWSBE) firms through the Charlotte Business INClusion Policy*

FY2018 Target: 14% utilization FY2019 Target: 16% utilization

FY2016 year-end spend is currently being reconciled. Based on preliminary data, the City is on track to meet the target for 12% MWSBE Citywide Direct Spend

Strategy: Simplify and clarify regulatory processes for real estate developers and businesses*

Use technology to make processes simpler for staff and customers New measure in FY2018

Strategy: Provide and connect small businesses, including immigrant-owned and international businesses, to networking and learning opportunities in order to grow and operate more effectively*

300 small business survey respondents and focus group participants (in conjunction with Mecklenburg County) and outreach to 100 immigrant-owned and international businesses by December 31, 2017 New measure in FY2018

Strategy: Update economic development grant programs to better align with business needs and community goals*

Create and adopt new and improved policy guidelines for Business Investment Grant Program by December 31, 2017 New measure in FY2018

Economic Development FY2018 & FY2019 Strategic Focus Area Plan

Performance

APPENDIX B

APPENDIX C