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EX-10.15
Concession Contract
Exhibit 10.15
CONCESSION CONTRACT
BETWEEN
[LOGO] Maryland Department of Transportation
MARYLAND AVIATION ADMINISTRATION
AND
SUPERSHUTTLE, INC.
FOR OPERATION OF A VAN AND/OR BUS-TYPE
SCHEDULED GROUND TRANSPORTATION SERVICE AT
BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT
CONTRACT NO. MAA-LC-95-020
2
TABLE OF CONTENTS
SPECIAL PROVISIONS
ARTICLE PAGE
------- ----
I. INCORPORATION OF CONTRACTOR'S PROPOSAL ............................. 2
II. TERM ............................................................... 2
III. CONTRACTOR'S OBLIGATIONS ........................................... 3
IV. SECONDARY SERVICE .................................................. 20
V. EQUIPMENT REQUIREMENTS ............................................. 21
VI. OPERATING PREMISES ................................................. 24
VII. COMPENSATION FOR CONCESSION RIGHTS ................................. 27
VIII. INSURANCE .......................................................... 29
IX. OPERATING RIGHTS ................................................... 31
X. VEHICLE MAINTENANCE ................................................ 32
XI. UTILITIES .......................................................... 32
XII. CONTRACTS WITH GROUND TRANSPORTATION SUBCONTRACTORS ................ 33
XIII. DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION .................... 33
XIV. FINES .............................................................. 35
XV. FINANCIAL LIABILITY OF ADMINISTRATION AND CONTRACTOR ............... 35
XVI. DEFAULT AND RIGHTS AND REMEDIES UPON DEFAULT ....................... 35
XVII. REMEDIES CUMULATIVE ................................................ 41
XVIII. CONDUCT OF BUSINESS ................................................ 41
XIX. PERFORMANCE GUARANTEE .............................................. 41
XX. SURETY QUALIFICATIONS .............................................. 41
XXI. SMOKING REGULATION ................................................. 43
XXII. AUTOMATED VEHICLE IDENTIFICATION SYSTEM ............................ 44
XXIII. DEFINITIONS ........................................................ 44
XXIV. GENERAL PROVISIONS ................................................. 45
XXV. CONTINGENT APPROVALS ............................................... 45
ATTACHMENTS
Exhibit "A" - Baltimore City door-to-door service area
Exhibit "B" - Annapolis and ▇▇▇▇ Arundel County door-to-door service area
Exhibit "C" - Baltimore County door-to-door service area
Exhibit "D" - Prince George's and ▇▇▇▇▇▇▇▇▇▇ Counties Service Areas
Exhibit "E" - Washington, D.C. door-to-door service area
Exhibit "F" - Office-Space
Exhibit "G" - Ground Transportation Desk
Exhibit "H" - Ground Transportation Activity Report
Contract Affidavit Forms
CONTRACT NO. MAA-LC-95-020
3
MARYLAND DEPARTMENT OF TRANSPORTATION
MARYLAND AVIATION ADMINISTRATION
CONCESSION CONTRACT
FOR OPERATION OF A VAN AND/OR BUS-TYPE
GROUND TRANSPORTATION SERVICE
AT BALTIMORE/WASHINGTON INTERNATIONAL AIRPORT
THIS CONTRACT (hereinafter referred to as "Contract") is made this 21st day
of Dec., l995, by and between the Maryland Aviation Administration, Maryland
Department of Transportation (hereinafter referred to as "Administration") and
SuperShuttle, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
(hereinafter referred to as "Contractor").
WITNESSETH:
WHEREAS, the State of Maryland owns and operates Baltimore/Washington
International Airport (hereinafter referred to as "Airport"), located in ▇▇▇▇
Arundel County, State of Maryland; and
WHEREAS, Administration operates the Airport for the promotion,
accommodation, and development of air commerce and air transportation between
the Baltimore-Washington metropolitan area and other cities of the United States
and cities of other nations of the world; and
WHEREAS, the conduct of a scheduled van and/or bus-type ground
transportation operation from, to, and on the Airport, servicing the following
locations for passengers arriving at or departing from the Airport, is an
essential service to such passengers in the promotion, accommodation, and
development of air commence and air transportation:
(1) Baltimore City (3) Baltimore County
(2) ▇▇▇▇ Arundel County and (4) Downtown Washington D.C.
Annapolis, Maryland and the Maryland/D.C. Suburbs
CONTRACT NO. MAA-LC-95-020
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WHEREAS, it is the intent and desire of Administration that said passengers
shall have available to them a high quality scheduled van and/or bus-type and
shared-ride on-demand ground transportation service adequate to meet the
requirements of said airline passengers and their accompanying baggage; and
WHEREAS, Contractor has submitted a proposal dated November 7, 1994 in
response to the Administration's Request for Proposals No. MAA-RFP-94-004 to
provide such ground transportation service and Administration has accepted
Contractor's proposal to do so; and
WHEREAS, Contractor's parent corporation, Yellow Holding Company, Inc. has
agreed to enter into a Guarantee of Performance Agreement with the
Administration, and the Administration has accepted such Agreement as a
condition of executing this Contract with Contractor;
NOW, THEREFORE, in consideration of the covenants and agreements herein
contained and upon the terms and conditions herein set forth, the parties hereto
agree as follows:
ARTICLE I
INCORPORATION OF CONTRACTOR'S PROPOSAL
The Contractor's proposal dated November 7, 1994 is incorporated and made a
part of this Contract by reference. The Contractor shall be obligated to meet
all specifications described in its proposal and any written clarification
thereto. Provided, however, that where an express provision of this Contract is
in conflict with any provisions of the proposal, this Contract shall control,
unless the Administration deems the provision in the proposal offers a higher
level of service than indicated in the Contract provision.
ARTICLE II
TERM
The term of this Contract shall be for an initial period of four (4) years
and shall begin January 1, 1995.
Contractor shall have the option of extending the Contract term for a
second period of four (4) years, subject to the determination by Administration
that Contractor's performance has been satisfactory for the initial term of this
Contract. All terms and conditions of the
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Contract during the initial term, including the financial conditions, shall
remain the same for the secondary term, in the event that the Contract term is
extended. Contractor shall be required to provide Administration with written
notice, at least two hundred forty (240) days prior to the expiration of the
initial four (4) year term of the Contract, of its intent to so extend the
Contract term. In the event Contractor provides notice of its intent to extend
Contract term, the Administration shall provide the Contractor with written
notice of its concurrence, or non-concurrence along with the reasons therefor,
at least one hundred eighty (180) days prior to the expiration of the Contract's
initial four (4) year term. The Contract extension shall be accomplished by the
development and execution of a written supplemental Contract to this Contract.
ARTICLE III
CONTRACTOR'S OBLIGATIONS
The Contractor, at its sole cost and expense, shall be required to develop,
market, and manage a high-quality, well-managed, and efficiently operated van
and/or bus type ground transportation concession program, as described herein,
to and from the Airport to accommodate the travelling public and other Airport
users. At a minimum, the Contractor must, at no cost to the Administration,
either provide all or part of the following required ground transportation
services itself and/or negotiate and enter into subcontracts with third party
ground transportation providers to provide the following required services.
Contractor's scheduled route service will provide daily transportation between
the Airport and Baltimore City, Annapolis, Northern and Northwestern Baltimore
County and Washington, DC seven days a week (excluding holidays), between the
hours of 6:00 AM to 11:00 PM, according to the following parameters:
* Baltimore at least every thirty minutes, per a customer demand for
service;
* Washington, DC at least every sixty minutes, per a customer demand for
service;
* Annapolis, ▇▇▇▇ Valley, Towson, and Pikesville at least every two
hours, per a customer demand for service.
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For example, a Baltimore City shuttle van passenger will be required to
wait no longer than thirty minutes from the time of ticket purchase to the time
of departure from the Airport. All inbound requests for transportation will be
taken in advance.
With the exceptions of travel emergencies, express area stops and certain
holiday restrictions, Contractor guarantees door-to-door passengers a policy of
"NEVER MORE THAN THREE STOPS OR EVERYONE RIDES FREE." Contractor is required to
adhere to this policy, and shall promote this policy to the public.
A. Baltimore City Scheduled Service and Door-to-Door Service
1. At a minimum, Contractor shall provide shared-ride scheduled
ground transportation service between the Airport and the
following specific locations in Baltimore, Maryland:
Hyatt Regency Hotel Days Inn Baltimore-Inner Harbor
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇ ▇▇▇▇▇ Hotel Holiday Inn
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Hotel Baltimore Marriott Inner Harbor
▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ and Eutaw Streets
Omni International Hotel Tremont Plaza Hotel
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 222 St. ▇▇▇▇ Place
▇▇▇▇▇▇▇▇▇▇ Ramada Inn
▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 8 North ▇▇▇▇▇▇ Street
Mt. ▇▇▇▇▇▇ Inn ▇▇▇▇▇▇▇▇ Harbour Place Hotel
▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇ Streets
Radisson ▇▇▇▇▇▇ Hotel
Baltimore and Hanover Streets ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇'▇ Pier 5 Clarion
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇
This service shall be operated in a manner that will provide for
the ground transportation needs of airline passengers and others
using the
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Airport. The Administration shall reserve the right to require
Contractor to serve other existing hotels and newly developed
hotels in the Baltimore City area. Subject to the approval of the
Administration, other specific locations in Baltimore, Maryland
may be served by Contractor on an scheduled basis.
2. Contractor shall be required to provide the following frequency
of service to and from the Airport:
a. A minimum of one departure from the Airport every 30-minute
period, from 6:00 a.m. to 11:00 p.m. local time, initiated
by a customer demand for service to the locations set forth
in A. 1. of this Article, in Baltimore City. Departure time
requirements are a minimum of every one and one-half (1 1/2)
hours from 7:00 a.m. to 8:30 p.m. on Administration
designated holidays.
b. Contractor shall accept reservations from patrons for pickup
at the hotels as set forth in A. 1. of this Article for
trips to the Airport, subject to reasonable advance
notification requirements as approved by the Administration.
c. Contractor is not required to stop at a location, set forth
in A. 1 of this Article, if there are no patrons for pick-up
or delivery at that location on a scheduled trip. If there
are no patrons to pick up or deliver to any location,
Contractor is not required to conduct the trip.
d. Contractor shall conduct shared-ride door-to-door service to
the Baltimore City service area as shown on Exhibit "A",
attached hereto and made a part hereof. The door-to-door
service shall require reasonable prior reservation notice
time, as approved by the Administration. Door-to-door
service to the depicted area shall begin not later than
twenty-four (24) months from Contract commencement.
Contractor shall make its best efforts to
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promote, market, develop, and conduct the door-to- door
service over a period of time deemed reasonable by the
Administration. In the event Contractor demonstrates to the
satisfaction of the Administration such service is
uneconomical, then the Administration shall release
Contractor of its obligations to provide such service.
B. Annapolis and ▇▇▇▇ Arundel County Area Service and Door-to-Door
Service
1. Contractor shall provide for shared-ride ground transportation
service from BWI on a two (2) hour, or less, scheduled basis from
6:00 a.m. to 11:00 p.m. local time initiated by a customer demand
for service. Service on Administration designated holidays may be
operated on a diminished schedule with the Administration's
approval. At a minimum, Contractor shall provide for shared-ride
ground transportation service to BWI on an on-call (on-demand)
basis. The on-demand service shall require reasonable prior
reservation notice time, as approved by the Administration. At a
minimum, the following locations in the Annapolis area of ▇▇▇▇
Arundel County shall be served:
Ramada Inn Marriott Waterfront
▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ 80 Compromise Street
Annapolis, MD Annapolis, MD
Annapolis Holiday Inn Maryland Inn
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ Annapolis, MD
Marriott Courtyard Governor ▇▇▇▇▇▇▇ House
▇▇▇▇ ▇▇▇▇ ▇▇▇▇ 58 State Circle
Annapolis, MD Annapolis, MD
Econo Lodge Loews Hotel
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ Annapolis, MD
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2. In addition, Contractor shall provide for shared-ride ground
transportation service on a scheduled or on call (on demand)
basis to and from the Airport and the United States Naval
Academy. Service personnel with a valid ID may be given a
discount fare, the amount of which shall be subject to advance
written approval of the Administration.
3. Contractor is not required to stop at a location if there are no
patrons for pickup or delivery to that location on a scheduled
trip.
4. If there are no patrons to pickup or deliver to any location,
Contractor is not required to conduct the trip.
5. Subject to the approval of the Administration, other specific
locations in Annapolis, Maryland may be served by Contractor on a
scheduled basis.
6. Contractor shall conduct shared-ride door-to-door service to the
▇▇▇▇ Anindel County service area as shown on Exhibit "B",
attached hereto and made a part hereof. The door-to-door service
shall require reasonable prior reservation notice time, as
approved by the Administration. Door-to-door service to the
depicted area shall begin not later than twenty-four (24) months
from Contract commencement. Contractor shall make its best
efforts to promote, market, develop, and conduct the door-to-door
service over a period of time deemed reasonable by the
Administration. In the event Contractor demonstrates to the
satisfaction of the Administration such service is uneconomical,
then the Administration shall release Contractor of its
obligations to provide such service.
C. Baltimore County Service and Door-to-Door Service
1. The Contractor shall provide for shared-ride scheduled ground
transportation service from BWI on a two (2) hour, or less
scheduled basis from 6:00 a.m. to 11:00 p.m. local time initiated
by a customer demand for service. Service on Administration
designated holidays may
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be operated on a diminished schedule with the Administration's
approval. At a minimum, Contractor shall provide for shared-ride
ground transportation service to BWI on an on-call (on-demand) basis.
The on-demand service shall require reasonable prior reservation
notice time, as approved by the Administration. At a minimum, the
following locations in Northern and Northwestern Baltimore County,
Maryland shall be served:
Baltimore Marriott-▇▇▇▇ Valley Towson Days Inn
I-83 and Shawan Road 1015 York Road
Embassy Suites Hotel Holiday Inn-Timonium
▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇
at Shawan Court
Sheraton Towson Hotel Baltimore Hilton Inn-
▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ Exit 20
& Reisterstown Road
Days Inn - Timonium Holiday Inn
9615 Deereco Road ▇▇▇▇▇▇▇▇ Bridge
Holiday Inn - Pikesville
▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇
2. Contractor is not required to stop at a location if there are no
patrons for pickup or delivery to that location on a scheduled
trip.
3. If there are no patrons to pickup or deliver to any location, the
Contractor is not required to conduct the trip.
4. Subject to the approval of the Administration, other specific
locations in Northern and Northwestern Baltimore County may be
served by Contractor on a scheduled basis.
5. Contractor shall conduct shared-ride door-to-door service to the
Baltimore County service area as shown on Exhibit "C", attached
hereto and made a part hereof. The door-to-door service shall
require reasonable prior reservation notice time, as approved by
the
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Administration. Door-to-door service to the depicted area shall
begin not later than twenty-four (24) months from Contract
commencement. Contractor shall make its best efforts to promote,
market, develop, and conduct the door-to-door service over a
period of time deemed reasonable by the Administration. In the
event Contractor demonstrates to the satisfaction of the
Administration such service is uneconomical, then the
Administration shall release Contractor of its obligations to
provide such service.
D. Downtown Washington. D.C. Scheduled Service and D.C./Marvland Suburbs
Door-to-Door Service
1. Contractor shall provide for primary shared-ride ground
transportation service between the Airport and the following
specific locations:
a. 1517 "K" Street, NW, Washington, D.C.
In the event the agreement the Administration has with the
lessor for use of the passenger waiting room at 1517 "K"
Street is terminated, the Administration will use its best
efforts to locate similar facilities within Washington, D.C.
b. Portions of Prince Georges and ▇▇▇▇▇▇▇▇▇▇ Counties as shown
on Exhibit "D" hereto, to provide shared-ride pick-up and
delivery service (door-to-door service) to or from an
individual's home or other designated point and BWI Airport.
Contractor shall have the option to use the Greenbelt
Terminal, located at the Greenbelt, Maryland Armory, to
accommodate passengers; however, Contractor must advise the
Administration of its intent to use the terminal facility by
no later than December 31, 1995 or the Administration may
withdraw its offer to Contractor to use the Greenbelt
Terminal. All other uses would be subject to the prior
written approval of the Administration. The Greenbelt
Terminal shall be provided at no additional cost to
Contractor,
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who shall be responsible for all routine upkeep and
maintenance, including cleaning, stocking, trash removal,
grass cutting and snow removal if it opts the use of the
facility.
2. The ground transportation service shall consist of two (2) modes
of service. They are: (1) the "Downtown Service" which shall be
the shared-ride ground transportation activity operating between
the Airport and the Washington Investment Building at 1517 "K"
Street, NW, Washington, D.C. (with one interim stop permissible,
e.g. Greenbelt) or such other centrally located Washington, D.C.
location(s) as may be approved by the Administration, and (2) the
"Door-to-Door Service" which shall be the shared-ride
personalized pick-up and delivery service between an individual's
home, office or hotel and at Contractor's option, either the
Greenbelt Terminal or other location(s) acceptable to the
Administration (for connection with the Downtown Service), or the
BWI terminal building. The door-to-door service outbound from the
Airport shall be on an on-demand, shared-ride basis. The
door-to-door service must encompass those portions of ▇▇▇▇▇▇▇▇▇▇
County and Prince George's County, Maryland as shown on Exhibit
"D" hereto.
3. Contractor shall be required to provide for a minimum frequency
of service to and from the Airport as follows:
a. Downtown Service - Contractor shall be required, at a
minimum, to provide scheduled shared-ride ground
transportation from BWI to 1517 "K" Street N.W., Washington,
D.C. or such other centrally located Washington, D.C.
location(s) as may be approved by the Administration,
outbound from the Airport on a one (1) hour scheduled basis
from 6:00 a.m. to 11:00 p.m. local time, initiated by a
customer demand for service, and inbound to the Airport on a
one (1) hour on-demand basis from 7:00 a.m. to 8:00 p.m.
local time, Sunday through Friday. The on-demand
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service shall require reasonable prior reservation notice
time as approved by the Administration. If there are no
patrons to pickup or deliver to any location the Contractor
is not required to conduct the trip. Saturday, and
Administration-designated holiday; service may operate on a
diminished schedule of no less than one and one-half (1 1/2)
hours from the Airport beginning 7:00 a.m. to 7:00 p.m.
initiated by a customer demand for service.
b. Door-to-Door shared-ride Service - Contractor shall require
reasonable prior reservation notice time, as approved by the
Administration, for transportation to the Airport, or a
request at the BWI Ground Transportation Desk at the Airport
for transportation to points in Prince George's or
▇▇▇▇▇▇▇▇▇▇ Counties. Operating hours shall coincide with the
operating hours for the Washington - area Downtown Service.
4. Subject to the approval of the Administration, other specific
locations in Washington, D.C. and the D.C./Maryland suburbs may
be served by Contractor on a scheduled basis.
5. Contractor shall conduct shared-ride door-to-door service to the
Washington, D.C. service area as shown on Exhibit "E", attached
hereto and made a part hereof. The door-to-door service shall
require reasonable prior reservation notice time, as approved by
the Administration. Door-to-door service to the depicted area
shall begin not later than twenty-four (24) months from Contract
commencement. Contractor shall make its best efforts to promote,
market, develop, and conduct the door-to-door service over a
period of time deemed reasonable by the Administration. In the
event Contractor demonstrates to the satisfaction of the
Administration such service is uneconomical,
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then the Administration shall release Contractor of its
obligations to provide such service.
E. Schedule Changes
The Administration will consider changes to the minimum schedule
requirements and locations if such changes are in the best interests
of the Airport and its users. Holiday and weekend service may be
changed subject to a request by the Contractor and approved by the
Administration. Any addition or deletion to the service must be
approved in writing by the Administration prior to submission to the
PSC for approval.
The Contractor may be required, on occasion, to staff the ground
transportation desk and operate the ground transportation services, to
downtown Baltimore and Washington D.C. only, beyond the normal
scheduled hours set forth in this Article. Contractor shall be
required to provide these services only in the event of late night
flight diversions or delays due to weather conditions, emergencies,
etc.
F. Minimum Requirements Applicable to all of the above Ground
Transportation Services:
In providing the aforementioned ground transportation services, at a
minimum, Contractor and/or its subcontractors shall:
1. Provide schedule and fare information at the BWI Ground
Transportation Desk or another location designated by the
Administration and at 1517 "K" Street, N.W., Washington, D.C. (or
such other locations as may be approved by the Administration).
Contractor shall be responsible to provide schedule/rate cards
for Contractor's operations/service, at Contractor's expense, for
distribution to the traveling public. Schedule/rate cards must
conform as to the size requirements that the Administration shall
specify.
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2. Contractor and/or its subcontractors shall be required to provide
information to walk up patrons as to the name and counter
location(s) of other ground transportation services that have
contracts with the Administration when alternative choices for
price, time restraints, service area, etc. are requested by
patron (e.g., airport taxicab service, airport luxury limousine
service). Patrons who phone into the counter or Contractor's
reservation center and request service from BWI to a location not
serviced by Contractor and/or its subcontractors, or who want
alternative choices, as above, shall be given the company name
and phone number of those ground transportation services that
have contracts with the Administration. Contractor and/or its
subcontractor shall not be required to sell tickets for other
ground transportation operators.
2. Provide for the sale of both one-way and round-trip tickets, and
any special or discounted ground transportation tickets from BWI.
All fares shall be subject to the advance written approval of the
Administration. The ticket design shall be subject to the written
approval of the Administration. Payments for tickets sold at the
Ground Transportation Desk shall be accepted in cash (U.S.
Currency), travellers check or major credit card. Contractor
shall be responsible for arranging and providing for all
equipment, forms, etc. necessary for the conduct of such credit
card sales.
3. At no additional cost to the passenger, provide for the loading
and unloading of passenger baggage promptly, carefully and
courteously, at the beginning of the trip and at all passenger
pickup and drop off points. Nothing herein shall be construed as
a prohibition of tips/gratuities voluntarily given by passengers
to Contractor's personnel. However, Contractor's personnel are
prohibited from soliciting tips in any manner, without the prior
approval of the Administration, such approval not to be
unreasonably withheld.
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4. Upon written request from the Administration, conduct periodic
ground transportation passenger survey(s) to solicit passenger
comments and suggestions concerning the subject ground
transportation service at the Airport. Survey(s) shall not be
required more than two (2) times during a contract year.
5. Load and unload passengers only at those areas of the Airport
designated by the Administration.
6. Require that all drivers dress in uniforms, which shall be
subject to the prior written approval of the Administration, and
that all of Contractor's and its subcontractor(s)' management and
office personnel, located at the Airport, dress in uniforms or
acceptable business clothing approved by the Administration. In
addition, provide each of its drivers, and others who are in
contact with the public, with easily readable, large-size name
tags with company name and driver's name which are acceptable to
the Administration. Contractor shall assure that said name tags
are worn on the outer uniform clothing at all times while drivers
and other representatives of Contractor are on duty.
7. Provide a monthly report to the Administration showing the exact
number of inbound and outbound ground transportation trips, by
destination, and the number of passengers by full fare and
discounted fare arriving and departing from the Airport.
8. Provide for a baggage storage area in all vehicles used in the
service which is separated from the passengers. Also, baggage
must be secured so that under normal operations and/or during
emergency stops, passengers are protected from injury resulting
from movement of baggage. Additionally, baggage shall not block
any portion of the vehicles' windows when in service.
9. Provide adequate seating and mandatory seat belts, if required by
law, for all passengers. No passengers will be allowed on vans or
other
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ground transportation vehicles used in the service on a standing,
rather than seated, basis. In addition, Contractor shall provide
accessible service to persons with a disability.
10. Obtain all required permits and licenses necessary to conduct
said ground transportation services, prior to the start of
operations and prior to the execution of this Contract.
11. Be responsible for all matters of personnel administration
necessary to conduct said ground transportation service in an
efficient manner.
12. Be required to make all operating records relating to its Airport
ground transportation service available to the Administration for
inspection.
13. Not engage in any business at the Airport other than those
specific rights outlined in this Contract without the written
approval of the Administration.
14. Be required to pay all fees, assessments, taxes, and other
charges levied under federal, state and local statutes and
ordinances as are applicable to the services to be conducted as
outlined in this Contract.
15. Provide for the transportation of on-Airport employees (i.e.,
Administration employees, airline employees except crew personnel
not home-based in the area, employees of concessionaires and
Airport service providers, etc.) between the Airport and the
scheduled service areas at a discounted rate. Contractor is not
required to offer discounts to employees utilizing door-to-door
service. The procedure by which Airport employees are permitted
to utilize Contractor's ground transportation service, and the
proposed fees to be charged by Contractor, shall be subject to
the advance written approval of the Administration. During the
Contract term, Contractor shall be required to submit to the
Administration for advance written approval, any proposed changes
to the procedure for transporting Airport employees, or the fees
proposed to be charged to Airport employees.
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16. Submit a written listing of its proposed fares (prices) to the
Administration for the written approval of the Administration
prior to the submission of such a listing to the Maryland Public
Service Commission, the Washington Metropolitan Area Transit
Commission (WMATC) and/or any applicable regulatory authority.
All charges, fees, or prices established by Contractor for
services provided hereunder shall be reasonable and shall be
approved by the Administration. Reasonableness of charges, fees,
or prices shall be determined by comparison with charges, fees,
or prices currently charged for the same types of services
provided at comparable airports, and by financial information
provided by Contractor. During the term of this Contract, said
charges, fees, or prices may not be increased without the prior
written approval of Administration.
Any proposed change to fares must be submitted to the
Administration in writing at least 30 days prior to the effective
date. All fare changes are subject to the Administration's prior
approval.
17. Design, print, and make available to Airport patrons, a U.S.
Postal Service size post card for the recording of customer's
comments or complaints relating to service provided. Cards shall
be placed at conspicuous locations on all vehicles used in the
service, at the Airport's Ground Transportation Desk, and at all
waiting lounge locations served by Contractor, e.g. the Greenbelt
Terminal, and the Washington Investment Building Passenger
Waiting Lounge. Design and content of this card shall be subject
to prior written approval of the Administration. Proposed card
shall include a method for delivery of card to Contractor and
Administration after card has been completed (filled-in) by
customer.
18. Authorize Contractor's manager for the Airport's ground
transportation operations to respond, in writing, to customer
complaints regarding
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ground transportation services provided. Contractor's operating
procedures shall provide that the manager has primary
responsibility for responding to customer complaints, and
regardless of whether a complaint is subsequently forwarded to
Contractor's headquarters, the manager shall reply promptly and
courteously, in writing, to each customer complaint, as
appropriate.
In any event the manager shall, within five (5) calendar days of
the date that the complaint is first received, make an
appropriate response to the customer, which, if further action on
the complaint is required, may consist of an acknowledgement of
the complaint and a statement of further action to be taken by
Contractor. Contractor shall forward to the Administration a copy
of each complaint, a report prepared by Contractor, and the
written response at the same time such response is mailed or
delivered to the customer.
19. Market and promote the service in accordance with Contractor's
proposal dated November 7, 1994 unless otherwise approved or
disapproved by the Administration. Contractor's plan shall be
subject to the advance written approval of the Administration.
During the term of this Contract, Contractor shall be required to
submit semi-annual written reports as to those promotional
efforts that have been undertaken, together with reports of
expenses or costs incurred for those promotional efforts.
20. Provide that a representative of Contractor shall be stationed at
the Airport's Ground Transportation Desk, for the purpose of (1)
providing dispatching services for Contractor's and/or its
subcontractors' vehicles, (2) monitoring Contractor's and/or its
subcontractor(s) activity at the Airport, (3) responding to
unsolicited inquiries concerning Contractor's and/or its
subcontractor(s) ground transportation service, and (4) selling
one-way or round trip tickets. Said representative is
specifically
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prohibited from soliciting business at this site. Soliciting for
purposes of this Contract is defined as any action that is
contrary to the prescribed method of conducting business as
hereinabove described, and any action by Contractor's
representative to market or sell Contractor's service at the
Airport prior to initiation of a conversation by a prospective
customer with Contractor's representative.
21. Provide the personnel and expertise necessary to manage and
oversee the overall specified ground transportation concessions
program.
22. Permit representatives of the Administration to conduct a
complete inspection of the Contractor's and/or its
subcontractor's operations, that is, premises and vehicles at any
time with respect to cleanliness, state of repair, prices
charged, hours of operation, and services performed, and such
other items as the Administration may wish to review. All
operations of the Contractor and its subcontractors must comply
with all applicable federal, state, local and other governmental
laws and regulations.
23. Offer subcontracts to qualified ground transportation operators
on a nondiscriminatory basis, and at reasonable terms.
24. Agree that the Contractor and its subcontractors, and all
principals, officers, directors, employees and agents thereof,
act solely as an independent contractor in connection with the
Contract and all activities conducted thereunder, and not as
employees or agents of the Administration.
25. Comply with all applicable laws, rules, regulations and
directives promulgated by the Federal Government, the State of
Maryland and the Administration for the care, operation,
maintenance, and protection of the Airport.
26. Comply with the Administration's EWI Airport Security Plan.
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27. Ensure that its employees and/or subcontractors do not knowingly
permit any person to use the assigned Premises for any illegal or
immoral purposes.
28. Ensure that its employees and/or subcontractors shall conduct
their operations in a first-class, businesslike, efficient,
courteous, and accommodating manner.
29. Give directions and assist the public generally.
30. Maintain properly attired, well-trained customer service and/or
sales personnel at the Ground Transportation Desk and use the
utmost skill and diligence in the conduct of their business at
the Ground Transportation Desk. Contractor and its subcontractors
must have in place an active customer service training program,
and all of Contractor's and its subcontractor's employees that
have direct contact with the public shall have at least eight (8)
hours of customer service training annually, as approved by the
Administration. The Administration shall be given notice of such
training at least two (2) weeks in advance of such training. The
Administration reserves the right to send a representative(s) to
observe or provide such training.
31. Take all reasonable measures in every proper manner to maintain,
develop, and increase the business conducted by its Contractor
and subcontractors and not divert, or cause, or allow to be
diverted, any business away from the Airport.
32. Ensure that all van and/or bus drivers have at least eight (8)
hours of driver's safety training annually. Administration shall
be given notice of such training at least two (2) weeks in
advance of such training. The Administration reserves the right
to send a representative(s) to observe such training.
33. At the time any van and/or bus driver is hired or selected, and
on a continuing basis thereafter, ensure each such driver has a
valid driver's
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license and any other permit required by law to operate a van
and/or bus, as the case may be, at the Airport.
34. Maintain a record of the training and driver's license review
referenced above for each van and/or bus driver, which is subject
to review and audit by the Administration.
35. Have a substance abuse program in effect at all times. The
proposed program shall be submitted to the Administration within
30 days of Contract commencement, and whenever any changes to the
program are made.
ARTICLE IV
SECONDARY SERVICE
Contractor shall have the option to provide secondary ground transportation
service, on a nonexclusive basis, to and from the Airport for airlines, airline
passengers, and air carrier employees, or others desiring such service. All
secondary ground transportation service shall be subject to the prior written
approval of the Administration. For the right to perform any or all of the
following secondary ground transportation services, Contractor shall pay the
Administration a fixed fee of ten percent (10%) of gross receipts for such
services originating at the Airport and entered into as a result of the
Contract. Secondary services shall be limited to the following:
a. Transportation services for airline crew personnel.
b. Transportation services for lost, misplaced, or unaccompanied baggage
of airline passengers.
c. Transportation services for airline passengers arriving at the Airport
on aircraft which were diverted to the Airport from other locations,
when such transportation is arranged on a charter basis by the airline
company.
d. Transportation services on a pre-arranged charter (single destination)
basis for travel agencies, hotel associations, business organizations,
etc.
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ARTICLE V
EQUIPMENT REQUIREMENTS
A. As of the commencement date of the Contract, Contractor shall be
required to provide for the amount of equipment and seating capacity
of equipment necessary to provide the ground transportation service
proposed in Contractor's proposal dated November 7, 1994 and for any
secondary services to be operated by Contractor. Contractor shall be
required to provide a written plan as to how it will comply with the
equipment requirements set forth in items B. through F. of this
Article, within 10 days of Contract commencement. The Administration
reserves the right to require the Contractor to either increase the
number of trip frequencies, or provide additional equipment if
passenger demand exceeds the available seats on a consistent basis.
B. The following are the specific requirements relating to the type and
condition of vehicle requirements that Contractor must provide:
1. Vans - If Contractor elects to provide vans:
a. Each vehicle shall be a "top-of-the-line" quality van-type
vehicle providing not less than eight (8) passenger seats
and separate luggage space such as:
- Ford-XLT Club Wagon
- Chevrolet-Beauville
- Dodge-Royal Sportsman Maxivan
- GMC-Rally Custom
- ▇▇▇▇▇-Transette
- or equal as determined by the Administration.
b. Suitably equipped vehicles shall be available to serve
disabled passengers.
c. Each vehicle shall have the manufacturer's standard
integrated air-conditioning and heating system and be
equipped with two-way radios or telephones.
d. Compressed Natural Gas (CNG) vehicles are permitted,
however, the Administration will not provide a fueling
facility for such
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vehicles, or any other vehicles operated by Contractor in
connection with this Contract.
2. and/or Buses If Contractor elects to provide buses:
a. Each bus shall be a "top-of-the-line" quality vehicle such
as the following:
- Eldorado National
- Bluebird Q Bus
- ▇▇▇▇▇▇ Citybus
- or equal, as determined by the Administration
"School bus" type vehicles shall not be permitted.
b. Buses shall be equipped with a disabled access device and a
luggage compartment.
c. Each bus shall have the manufacturer's standard integrated
air-conditioning and heating system, and be equipped with
two-way radios or telephones. On-board restrooms shall not
be required.
d. Compressed Natural Gas (CNG) vehicles are permitted,
however, the Administration will not provide a fueling
facility for such vehicles, or any other vehicles operated
by Contractor in connection with this Contract.
C. The Administration shall require that Contractor clearly ▇▇▇▇ its
vehicles used in providing service for the Airport with
Administration-approved identification symbols and markings
(lettering, etc.) to assure their easy identification by the traveling
public; that is, ground transportation vehicles must bear signs
indicating that the vehicles provide service to "Baltimore/Washington
International Airport". Contractor's use of the Airport's identifying
symbol (the "logo"), shall be in accordance with applicable Airport
Tenant Directives. Vehicles shall be identically painted and marked,
unless otherwise approved by the Administration.
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D. The Administration's prior written approval is required for all
proposed vehicle exterior markings (painting, lettering, signing,
etc.) prior to the commencement of the Contractor's operations and
during the term of this Contract.
E. All vehicles shall be maintained in a fully operational, safe, neat,
clean, well polished and presentable condition at all times both
externally and internally. Administration shall have the right to
require Contractor to clean and repair any vehicle found less than
acceptable to the Administration. Further, Administration shall
require that any equipment that is not fully operational in accordance
with all applicable state and local laws, or in safe operating
condition, that is, where all mechanical or electrical systems are not
working (i.e., the air-conditioning) or that has sustained exterior or
interior damage which adversely affects safety, appearance, comfort,
or performance, be removed from service immediately and repaired or
replaced.
F. Van-type vehicles shall be no more than two (2) model years old (1993
model year or later) and shall not have in excess of 50,000 actual
odometer miles as of the commencement of the Contract Term. Contractor
shall be required to replace any van-type vehicle which has a maximum
of two (2) years and/or 200,000 miles of service, that is, 250,000
actual odometer miles, under this contract unless the Administration
grants written approval to retain such van-type vehicle in service.
Buses shall be no more than five (5) model years old (1990 model year
or later) and shall not have in excess of 250,000 actual odometer
miles as of commencement of the Contract Term. Contractor shall be
required to replace any bus which has a maximum of four (4) years
and/or 600,000 miles of service, that is, 850,000 actual odometer
miles, under this Contract unless the Administration grants written
approval to retain such bus in service. Contractor shall be required,
during the Contract term, to maintain the minimum vehicle equipment
complement specified herein, and (Contractor shall replace any
equipment which becomes unserviceable (i.e., unsafe, poor performance
or appearance) during the Contract Term and any extension
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thereto. Title to the said equipment shall vest in Contractor (unless
leased) and there shall be no purchase or buy-back of the equipment
from Contractor by Administration, or by a successor contractor at the
end of the Contract term, or upon any earlier termination of this
Contract.
ARTICLE VI
OPERATING PREMISES
Contractor shall be assigned the following areas and premises on the
Airport for the conduct of the ground transportation services encompassed by
this Contract. The location of assigned areas and premises on the Airport is
subject to change, upon written notification from Administration.
A. Office Space
Contractor shall be provided, at no cost, one (1) air-conditioned
office of approximately 135 square feet in the Airport Terminal
Building for conduct of Contractor's operations at the Airport. The
site is depicted on Exhibit "F" hereto. Contractor may request
additional office space, which if available, will be subject to
standard Airport rental rates for such space.
B. Ground Transportation Desk.
Contractor shall, at a minimum of at least two (2) persons, provide
adequate staffing to provide schedule and fare information to the
public at the Ground Transportation Desk (Exhibit "G"), at least
sixteen (16) hours per day, between the hours of 6:00 a.m. and 11:00
p.m., seven (7) days a week, every day of the year unless otherwise
approved by the Administration. In addition, Contractor shall sell
both one-way and round trip tickets in accordance with the procedures
identified in its November 7, 1994 proposal.
The Administration reserves the right to relocate the Ground
Transportation Desk to an alternate location within the Terminal
Building. The Administration intends to have a second Ground
Transportation Desk open in the Spring of 1997 in the New
International Concourse at BWI, which will
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require Contractor operation based upon a staffing and availability
plan approved by the Administration.
C. Departure Parking Positions.
Contractor and its subcontractor(s) shall be assigned certain
nonexciusive portions of the inner curb lane of the lower level
roadway immediately adjacent to the exit/entrance doors of the
Terminal Building and other areas, as appropriate, for the loading of
its vehicles, all in a manner established by Administration. During
construction of the new International Concourse, which is scheduled to
occur during this Contract's term, approximately 250 to 300 feet of
the inner roadway will not be available. However, the Administration
assures inner roadway access will be maintained. Assigned space for
taxis, luxury limousines/sedans and bus stops will be reduced for
approximately one and one-half (1 1/2) years, beginning approximately
in the Fall, 1995. Additional space will be made available after
construction since the inner roadway will be extended.
D. Employee Parking.
Employees of Contractor and its subcontractor(s) shall be permitted to
park their personal vehicles in the Airport's employee parking areas,
subject to the same terms and conditions of use as are applicable to
employees of other tenants, air carriers, concessionaires, etc., using
the employee parking lots of the Airport. The Airport employee parking
lots shall not be used for the parking of Contractor's or its
subcontractor(s)' commercial vehicles.
E. Vehicle Staring Area.
Contractor and its subcontractor(s) will be allowed to have
nonexclusive use of a vehicle staging area at the lower level inner
roadway of the terminal at no additional cost to Contractor. The
Administration will not provide an overnight storage area for
vehicles, nor maintenance facility at the Airport. However, vehicles
used in the service of this Contract may be stored at the Greenbelt
Terminal, but only in the event that, and only so long as, Contractor
makes use
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of the Greenbelt Terminal for direct passenger accommodation.
Maintenance or exterior washing of vehicles and vehicle maintenance
will not be permitted either at the said vehicle staging area at the
Airport or at Greenbelt.
▇. ▇▇▇▇▇▇▇▇▇▇. D.C. Passenger Waiting Lounge.
Contractor shall have the use of the waiting lounge located in the
Investment Building at 1517 "K" Street, Washington, D.C. for
passengers traveling to and from the Airport. The waiting lounge will
be made available only so long as the Metropolitan Washington Airport
Authority (MWAA) continues its contractual relationship with the
Administration. In the event that the current contract between the
Administration and MWAA is terminated, the Administration will use its
best efforts to locate a similar, centrally located facility in
Washington, D.C. The waiting lounge is provided at no additional cost
to Contractor, that is, Administration shall pay the required fees on
this facility which provides for MWAA staff to conduct Contractor's
distribution of schedules and dispatching services at this facility.
Schedule and fare information is available at this location under an
agreement with the MWAA. The Contractor may provide ticket sales
subject to MWAA agreeing to provide ticket counter space.
G. Greenbelt Terminal.
Contractor shall have the option to use the passenger waiting lounge
located adjacent to the Greenbelt Armory in Greenbelt, Maryland for
pickup and delivery of passengers making use of Contractor's service
under this Contract; provided however, that Contractor must exercise
its option to use the facility by notifying the Administration in
writing by no later than December 31, 1995. Contractor shall have the
use of this facility at no rental cost, but Contractor shall be
responsible to pay all utility, janitorial, trash removal, grass
cutting, and snow removal costs at this facility once it has exercised
its option to commence using the facility. Also, in the event that
the Adjutant General of the Maryland Department of the Military or his
designee determines that
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Contractor's operations at Greenbelt Armory are interfering with
emergency military affairs or responsibilities, Federal or State, and
the Adjutant General provides notice to the Administration of same,
then Administration shall advise Contractor to, at once, temporarily
suspend operations at the Greenbelt Terminal. At any time that the
Adjutant General, under other than emergency circumstances, determines
that Contractor's operations at Greenbelt Terminal are detrimental to
the missions and responsibilities of the Military Department, and the
Adjutant General or his designee has provided the Administration
written notice of same, the Administration shall give Contractor
written notice to quit the premises. In the event that action by the
Maryland Department of the Military forces Contractor to vacate the
above cited premises at the Greenbelt Terminal, Administration will
use its best efforts to locate, and make available to Contractor like
facilities nearby, at no cost to Contractor except Contractor shall be
required to provide and pay for the costs of staffing, utilities,
janitorial costs, and routine maintenance, including trash removal,
grass cutting and snow removal, as referenced herein.
H. Monitor Booth
Contractor shall have the right to place a booth on the upper level,
Pier A, adjacent to the interior doors. Contractor shall staff this
booth at its discretion, for the purpose of monitoring passenger
activity of vehicles used in the service (e.g., taking a "head count"
of passengers). The appearance and exact location of the booth shall
be subject to the Administration prior written approval.
ARTICLE VII
COMPENSATION FOR CONCESSION RIGHTS
A. Contractor shall pay to Administration during each year of the term of
this Contract, fifteen percent (15 %) of the total gross revenues
derived from Contractor's and its subcontractor(s)' primary ground
transportation outbound operations from the Airport. Primary ground
transportation operations shall be
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defined as those ground transportation services set forth in Article
III. of this Contract.
B. Within ten (10) days after the end of each calendar month, Contractor
shall forward a monthly payment to Administration in the amount of
fifteen percent (15 %) of the total gross revenues for all primary
ground transportation operations originating at the Airport. Along
with such payment, an itemized report in the format attached hereto as
Exhibit "H", and showing the actual total gross revenues for primary
ground transportation originating at the Airport for the previous
month shall be forwarded to the Administration. Copies of Contractor's
daily record of outbound trips shall be available for audit. The
aforementioned monthly report shall include the passenger statistics
required under Article III.F.7.
C. In addition to the foregoing, Contractor shall pay monthly to the
Administration, during the Contract Term, ten percent (10%) of the
total gross revenues derived from its optional secondary service
ground transportation activities originating at the Airport, as set
forth in Article IV of this Contract. Within ten (10) days after the
end of each calendar month, Contractor shall forward a monthly payment
to the Administration at the rate of ten percent (10%) of the total
gross revenues for all secondary ground transportation operations
originating at the Airport. An itemized report showing the actual
total gross revenues for secondary ground transportation operations
originating at the Airport for the previous month shall be
simultaneously forwarded to the Administration.
D. "Gross revenues" for purposes of this Article shall consist of all
revenue received or realized by or accruing to Contractor and its
subcontractor(s) from all sales, for cash or credit, of all primary
and secondary ground transportation services originating at the
Airport and described in Articles III., and IV. of this Contract. All
revenue shall be deemed to be received on the accrual basis in
accordance with generally accepted accounting principals. No
deductions from
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gross revenues shall be made for bad debts. However, there shall be
excluded or deducted, as the case may be, from "gross revenues" the
following:
1. Federal, state, municipal, or other governmental excise taxes,
use or privilege taxes now or hereafter imposed and required to
be collected by the Contractor or its subcontractor(s) directly
from patrons or customers or as part of the price of any ground
transportation services and required to be paid in turn to any
governmental agency.
2. Receipts from the sale or trade-in value of any furniture,
fixture or equipment used on the Assigned Premises.
3. The amount of any gratuities paid or given by patrons or
customers to Contractor's or its subcontractor(s)' employees.
4. Proceeds from any sale of waste paper, or other refuse materials.
5. Fees paid to and charges made by nationally recognized, major
credit card companies.
E. All payments herein are to be in lawful money of the United States of
America.
F. Payments not received within ten (10) days from date due shall be
assessed an additional one and one quarter percent (1.25 %) fee per
month late charge until paid. In the event Contractor's past due
account is forwarded by the Administration to the State of Maryland
Central Collection Unit (CCU), the Contractor will be responsible to
pay CCU's standard collection fees in addition to any amounts due to
the Administration.
ARTICLE VIII
INSURANCE
A. Contractor and/or its subcontractor(s) shall at its own cost and
expense, take out and maintain primary liability insurance with a
reputable insurance company authorized to conduct business in the
State of Maryland.
B: Contractor and/or its subcontractor(s), at its own cost and expense,
sball take out and carry in effect, throughout the term of the
Contract, a standard form
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policy, or policies, of insurance on an occurrence basis, for the
foregoing stated liability, in the following types and amounts:
1. Workers' Compensation Insurance as required by the laws of the
State of Maryland, including Employer's Liability Coverage, and
any applicable federal laws.
2. Automobile Liability (1.) for buses with a combined single limit
of not less than Five Million Dollars ($5,000,000) covering all
owned, hired, and non-owned vehicles, as the result of any single
occurrence, and (2.) for vans with a combined single limit of not
less than One Million Dollars ($1,000,000) covering all owned,
hired, and non-owned vehicles, as the result of any single
occurrence.
3. General Liability Insurance with combined single limit of not
less than One Million Dollars ($1,000,000), to include but not be
limited to, bodily injury and/or death, premises/operations,
personal injury, independent contractors, broad form property
damage and contractual insurance as a result of any single
occurrence.
C. Contractor agrees to furnish the Administration with certificates of
insurance from a responsible insurance carrier(s) evidencing coverage
of Contractor's and/or its subcontractor(s)' operations on the Airport
and the period of the policies, and indicating the type, kind, and
amount of insurance in effect. All policies shall identify the State
of Maryland, the Maryland Department of Transportation, the
Administration, its authorized officers, agents, employees and
representatives as additional insureds, not named insureds. The
Administration shall be provided with at least thirty (30) days
advance notice, in writing, of cancellation or of any material change.
D. Contractor shall furnish each certificate of insurance in duplicate to
the Administration for approval within fifteen (15) days from the date
of this Contract's Award, unless otherwise specifically authorized by
Administration in writing.
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Certificate(s) shall be issued to:
Maryland Aviation Administration
Division of Commercial Management
Terminal Building
Post Office Box 8766
Baltimore/Washington International
Airport, Maryland 21240-0766
Administration reserves the right to obtain relevant endorsements,
declaration pages, and/or a complete copy of the insurance policy(s)
from Contractor evidencing the coverage required herein, upon written
demand.
E. The failure of Administration, at any time or from time to time, to
enforce the foregoing insurance provisions, shall not constitute a
waiver of those provisions nor in any respect reduce the obligations
of Contractor to defend and hold the Administration harmless with
respect to any items of injury or damage covered by this Article.
ARTICLE IX
OPERATING RIGHTS
A. It is the intent of the Administration that it shall be able, at its
sole option, to obtain full and free competition in soliciting
proposals from other contractors in the event that the Administration
chooses to award successor scheduled ground transportation contracts
to this Contract.
B. Therefore, if the Administration solicits competitive proposals for
successor ground transportation contracts upon the termination or
expiration of this Contract, and if the Contractor under this Contract
does not obtain a subsequent follow-on ground transportation contract
from the Administration, it agrees to: (1) the surrender of its PSC
permit to operate the specified ground transportation services at the
Airport as described in this Contract, and (2) not to oppose
applications. for such PSC permits by the Administration or by any
other Contractor(s), chosen by the Administration for such follow-on
contracts.
C. Contractor shall not be entitled to any payment or other compensation
for: (1) the operating rights, (2) its agreement to surrender its PSC
permit, or (3) its
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agreement not to oppose the applications of the other contractor(s)
chosen by the Administration for the follow-on contract(s).
D. Within ten (10) days after the date of Notice of Award of the
Contract, Contractor shall submit to the Administration, for its prior
written approval, its proposed request to the PSC as required by
Article III.F., Paragraph 10., of this Contract or written evidence
that such PSC authorization has already been received from the PSC.
Contractor shall, during the term of this Contract, promptly seek
prior written approval by the Administration for any application it
intends to make to the PSC for any amendment to its permit authority,
or for any additional authorities affecting its operations at the
Airport, and provide copies to the Administration of any such
amendments or additional permits.
ARTICLE X
VEHICLE MAINTENANCE
The Administration will not authorize vehicle maintenance activities (e.g.,
engine tune ups, tire changes, oil/oil filter changes) on the Airport or any
other property owned or controlled by the Administration, except for any
Administration-approved facility which provides such services to the general
public. Administration will not provide and/or lease any existing maintenance
facilities on the Airport for the maintenance or cleaning of Contractor's or its
subcontractor(s)' vehicles or other equipment.
ARTICLE XI
UTILITIES
The Administration, at its own cost, agrees to provide the Contractor and
its subcontractors with sewerage and water and existing building electricity,
heat, ventilation and air-conditioning in and to the Operating Premises assigned
to Contractor in the Airport Terminal Building. Contractor will be responsible
to pay all utility costs at the Greenbelt Terminal if it elects to utilize that
facility. Any modifications to upgrade existing utilities beyond that
existing when the Operating Premises are assigned to Contractor will be at
Contractor's sole cost and expense, and subject to the Administration's prior
written permit
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process approval. The Contractor shall provide and pay for its own telephone
service within the Operating Premises.
ARTICLE XII
CONTRACTS WITH GROUND
TRANSPORTATION SUBCONTRACTORS
The consent of the Administration with respect to any ground transportation
subcontractor shall, in part, be conditioned on the reasonable acceptability of
the terms and provisions contained in the contracts with the subcontractors, a
copy of which must be submitted to the Administration for its written approval
prior to effective date. The Administration reserves the right to deny any
subcontractor contract for any reason it deems in the best interest of the
Airport.
Contractor will be the primary point of contact in all matters pertaining
to Contractor's subcontractors, which may arise in the conduct of the Contract.
Subcontractors will be held to those same applicable standards and requirements
as Contractor is held to under this Contract.
ARTICLE XIII
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
A. It is the policy of the Administration that DBEs, as defined in 49 CFR
Part 23, shall have the maximum opportunity to share in the benefits
from the Airport concession opportunities. Furthermore, in accordance
with Federal Regulations under 49 CFR Part 23, it is the
Administration's obligation to ensure that DBE's have the opportunity
to compete for available revenues at the Airport. A DBE is a business
entity, whether a sole proprietorship, partnership, joint venture, or
corporation of which at least fifty-one percent (51 %) of the interest
is owned and controlled by a "socially and economically disadvantaged
individual" as such term is defined in the Airport and Airways Safety
and Capacity Expansion Act of 1987 and the regulations promulgated
pursuant thereto at 49 CFR Part 23. DBES must meet the experience and
economic guidelines set forth in 49 CFR Part 23 and be certified by
the Maryland
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Department of Transportation (hereinafter referred to as "MDOT").
Individuals who are rebuttably presumed to be socially and
economically disadvantaged include women, Black-Americans,
Hispanic-Americans, Native Americans, Asian-Pacific Americans, and
Asian-Indian Americans.
B. In order to provide a fair opportunity for DBE participation, the
Administration requires that Contractor make good faith efforts, as
defined in Appendix A of 49 CFR Part 23, to provide for a level of DBE
participation in this concession equal to or greater than fifteen
percent (15 %) of concession gross revenues through an assignment of a
portion of the required services to DBE ground transportation related
service providers; or a combination of ownership options and the above
assignment provision. In the event that the Contractor qualifies as a
MDOT-certified DBE, the Contract goal shall be deemed to have been
met.
C. Selection of actual DBE ground transportation related service
providers, if proposed as a method of achieving participation, shall
be finalized after award to the Contractor. The Administration
encourages, but does not require, DBE selection based on a separate
request(s) for proposals to be issued by the Contractor or other
competitive methodology.
D. If the Contractor fails to achieve and maintain the level of MDOT
certified DBE participation submitted in its proposal, Contractor will
be required to provide documentation demonstrating that it made good
faith efforts, as determined by the Administration, in its attempt to
meet the required level of MDOT certified DBE participation. If
Contractor fails to reflect a good faith effort to achieve and
maintain the level of MDOT certified DBE participation submitted in
its proposal throughout the term of the Contract, Administration may
consider this as a material breach of the Contract and may terminate
the Contract in accordance with the Article XVI.
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ARTICLE XIV
FINES
The Administration may elect to impose on the Contractor the fines
described below on the basis of per violation; in addition to all other rights
and remedies enumerated in this
Contract:
Violation Article Assessment
--------- ------- ----------
Violation of Hours of III $100.00 per incident
Operation Requirement
Violation of Number III $100.00 per incident
of Trips Schedule
Less than required VI $100.00 per incident
number of employees
at ground transportation
counter at all times
ARTICLE XV
FINANCIAL LIABILITY OF
ADMINISTRATION AND CONTRACTOR
The Administration and the Contractor and its subcontractors are not and
shall not be considered as joint venturers, partners, or agents of each other,
and none shall have the power to bind or obligate any other except as set forth
in any contract agreed to by said parties. There shall be no liability on the
part of the Administration to any person for any debts incurred by the
Contractor or by any business conducted on or off the Airport in connection with
the operations of the ground transportation concession at the Airport unless
Administration agrees in writing to pay such debts.
ARTICLE XVI
DEFAULT AND RIGHTS AND REMEDIES UPON DEFAULT
A. The occurrence of any one or more of the following events shall be a
default under this Contract:
1. Contractor shall become insolvent, or shall take the benefit of
any present or future insolvency statute, or shall make a general
assignment
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for the benefit of creditors, or file a voluntary petition in
bankruptcy or a petition or answer seeking an arrangement of its
reorganization or the readjustment of its indebtedness under the
Federal bankruptcy laws or under any other law or statute of the
United States or of any state thereof, or consent to the
appointment of a receiver, trustee, or liquidator of all or
substantially all of its property; or
2. By order or decree of a court, Contractor shall be adjudged
bankrupt or an order shall be made approving a petition filed by
any of the creditors or, if Contractor is a corporation, by any
of the stockholders of Contractor seeking its reorganization or
the readjustment of its indebtedness under the Federal bankruptcy
laws or under any law or statute of the United States or of any
state thereof; or
3. A petition under any part of the Federal bankruptcy laws or an
action under any present or future insolvency law or statute
shall be filed against Contractor and petition against the
Contractor shall not be dismissed within thirty (30) days after
the filing thereof; or
4. The Contract or the rights and interest of Contractor hereunder
be transferred to, pass to, or devolve upon, by operation of law
or otherwise any other person, firm, or corporation; or
5. There is any substantial change in the ownership or
proprietorship of Contractor, which, in the opinion of the
Administration, is not in the best interest of the
Administration, or the public; or
6. Contractor, if a corporation, shall, without the prior written
consent of the Administration, become a non-surviving merged
corporation in a merger, a constituent corporation in a
consolidation, or a corporation in dissolution; or
7. Contractor is, or Contractors collectively are doing business as,
or constitute a co-partnership, and the said co-partnership shall
be dissolved as the result of any act or omission of its
co-partners or any of them or
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by operation of law or the order or decree of any court having
jurisdiction, or for any other reason whatsoever; or
8. By or pursuant to, or under authority of any legislative act,
resolution or rule, or any order or decree of any court or
governmental board, agency or officer having jurisdiction, a
receiver, trustee, or liquidator shall take possession or control
of all or substantially all of the property of Contractor, and
such possession or control shall continue in effect for a period
of fifteen (15) days; or
9. Any lien is filed against the Airport property because of any act
or omission of Contractor and is not removed within ten (10)
days; or
10. Contractor shall abandon, desert, vacate, or discontinue
performance of its operations and services required by the
Contract; or
11. Contractor shall assign, transfer, encumber or subcontract the
Contract or any interest therein without the prior written
approval of the Administration; or
12. Contractor shall fail duly and punctually to pay the concession
fee or to make any other payment required hereunder when due to
the Administration; or
13. Contractor shall fail to provide the quality of service to the
public to the satisfaction of the Administration, as required
herein, within ten (10) days after notice to correct the
condition or practice objected to; or
14. In the event that Contractor has leased space at the Airport,
Contractor fails to make required repairs to the leased premises
within fifteen (15) days after notice is received from the
Administration. If Contractor refuses or neglects to undertake
the maintenance, repairs, or replacements it is responsible for
after request by the Administration; or if Administration is
required to make any repairs necessitated by the negligent acts
or omissions of Contractor, its employees, agents, servants, or
licensees, Administration shall have the right, after fifteen
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(15) days written notice, to make such repairs on behalf of and
for Contractor. Such work shall be paid for by Contractor within
ten (10) days following demand by Administration for said payment
at Administration's cost or standard rates plus fifty percent
(50%) overhead; or
15. There is a cessation or deterioration of service for a period
which, in the judgement of the Administration, substantially and
adversely affects the operation of the ground transportation
service required hereunder; or
16. The Contractor conducts business activities at the Airport which
have not been approved in writing by the Administration and does
not cease such activities within twenty-four (24) hours after
notice by the Administration; or
17. Contractor shall fail to keep, perform and observe each and every
other promise, covenant, condition, and agreement set forth in
the Contract on its part to be kept, performed or observed and
does not cure such failure within ten (10) days after receipt of
notice of non-compliance thereunder by the Administration, or,
where fulfillment of its obligation requires activity over a
period of time, shall fail to commence performance to the
satisfaction of the Administration, within ten (10) days after
receipt of notice, and to continue such performance without
interruption; or
18. There is a finding by the Administration that there was a
material misstatement or omission made by the Contractor in its
proposal dated November 7, 1994, which the Administration relied
upon in making its award of the Contract.
B. Upon the occurrence of any such event detailed in Item A. of this
Article or at any time thereafter during the continuance thereof, the
Administration may, at its option, exercise concurrently or
successively any one or more of the following rights and remedies:
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1. Upon five (5) days notice, terminate the Contract and the rights
of the Contractor hereunder;
2. Without waiving any default, pay any sum required to be paid by
the Contractor to parties other than the Administration and which
Contractor has failed to pay, and perform any obligations
required to be performed by the Contractor under this Contract,
and any amounts so paid or expended by the Administration in
fulfilling the obligations of the Contractor hereunder shall be
repaid by the Contractor to the Administration on demand, at cost
plus a fifty percent (50%) administration fee, with interest
thereon at the rate of one and one quarter percent (1.25%) per
month from the date of such payment or expenditure, without
terminating the Contract;
3. Bring suit for the collection of any payments required by the
Contract for which Contractor may be in default or for the
performance of any other covenant, promise, or agreement
resulting upon Contractor for performance or damage therefor, all
without terminating the Contract. In such case, Contractor shall
be responsible to reimburse the Administration for any legal
costs it incurs in enforcing this provision;
4. Assess Contractor at the rate of one and one quarter percent
(1.25 %) per month of any and all fees and amounts not paid to
the Administration when due, until such fees or amounts are paid;
5. Without prior demand or notice, assume operation of the ground
transportation service at the Airport, either with or without the
institution of summary or any other legal proceedings or
otherwise and without diminishing, excusing or altering in any
effect the obligations of Contractor under the Contract, in which
case, subject to the Administration's obligation to mitigate
damages, the amount or amounts of concession fees shall become
due and payable to the Administration to the same extent, at the
same time or in the same manner as if no
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cancellation, re-entry, regaining or resumption of services took
place. The Administration may maintain separate actions each
month to recover any money due or at its option and at any time,
may ▇▇▇ to recover the full deficiency;
6. The rights and remedies of the Administration provided under this
Article shall not be exclusive and are in addition to any other
rights and remedies which the Administration may have at law or
in equity or under this Contract.
C. No waiver by the Administration at any time of any of the terms,
conditions, covenants or agreements herein shall be deemed or taken as
a waiver at any time thereafter of the same or any other term,
condition, covenant or agreement herein contained, nor of the strict
and prompt performance thereof. No delay, failure or omission of the
Administration to take or to exercise any right, power, privilege or
option arising from any default, or subsequent acceptance of fees then
or thereafter accrued, shall impair any such right, power, privilege
or option, or be construed to be a waiver of any such default or
relinquishment thereof, or acquiescence therein; and no notice by the
Administration shall be required to restore or revive any option,
right, power, remedy or privilege after waiver by the Administration
of default in one or more instances.
D. Contractor shall have the right to terminate this Contract in its
entirety upon:
1. Forty-five (45) days prior written notice to the Administration
of Contractor's intent to terminate, including the cause thereof;
and
2. Payment in full of all obligations to the Administration arising
hereunder through the date of termination; and
3. The occurrence of one or more of the following events provided
any said events shall result in material adverse impact on
Contractor's normal business operations or substantial diminution
of Contractor's gross revenues from ground transportation
operation, continuing for a period in excess of sixty (60) days:
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a. The destruction of all or a material portion of the Airport
facilities;
b. The occupation of the Airport or a substantial part thereof
by an agency or instrumentality of the United States
Government or State or local government;
c. A military mobilization or public emergency wherein there is
a curtailment, either by executive decree or legislative
action, of normal civilian traffic at the Airport or the use
of motor vehicles or air transportation by the general
public; or a substantial limitation of the supply of
automobiles or gasoline for general public use.
ARTICLE XVII
REMEDIES CUMULATIVE
All rights and remedies provided in this Contract shall be deemed
cumulative and additional and not in lieu of or exclusive of each other or of
any remedy available to the Administration at law or in equity.
ARTICLE XVIII
CONDUCT OF BUSINESS
The Contractor shall have the right to use public Airport facilities in
common with others authorized to do so, which right shall be exercised in
accordance with the laws of the United States of America and the State of
Maryland, the rules and regulations promulgated by their authority with
reference to aviation and air navigation, and all reasonable and applicable
rules and regulations of Baltimore/Washington International Airport.
ARTICLE XIX
PERFORMANCE GUARANTEE
A. The Contractor shall be required to execute and deliver to the
Administration within fifteen (15) calendar days after receipt of
notification of award of the Contract, a performance guarantee in the
amount of Twenty Thousand Dollars ($20,000.00). The Contractor shall
maintain such performance guarantee for
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the entire term of the Contract, to include any extension thereto. The
amount of the said performance guarantee shall be subject to
adjustment at the end of each Contract Year of the term; that is, the
amount of the performance guarantee shall be adjusted each year to an
amount equal to approximately fifty percent (50%) of the payments made
by the Contractor to the Administration for the previous Contract
Year.
B. If in the form of a surety bond, the performance guarantee may be
issued for a one (1) year period, provided, however, that evidence of
renewal or replacement of the said bond must be submitted annually by
the Contractor to the Administration at least sixty (60) days prior to
the expiration date of the bond. The surety bond shall contain
language that the surety company shall notify the Administration in
writing within fifteen (15) days of a determination that the surety
bond is to be terminated, or is not going to be renewed. The
Contractor shall maintain a performance guarantee in one of the forms
provided for in Paragraph D. below. One form of performance guarantee
may be substituted for another form of performance guarantee during
the Contract term at the option of the Contractor, provided there
shall not be any lapse of performance guarantee throughout the
complete term of the Contract.
C. The performance guarantee assures performance of the Contract by the
Contractor and payment to Administration of all payments due under the
Contract. The performance guarantee shall be subject to. claim in full
or in part by the Administration in the event of default by the
Contractor for failure to fully perform the Contract.
D. The performance guarantee, at the option of the Contractor, may be in
the form of: (1) an irrevocable letter of credit from a bank
acceptable to the Administration (2) a certified check; (3) a
cashier's check; or (4) in the form of a surety bond, executed by the
Contractor and by a surety meeting the qualifications set forth in
Article "XX" hereof.
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E. Any interest accrued on the performance guarantee will be retained by
the Administration.
F. In the event that the Contractor fails to provide the performance
guarantee for Contract Year 1 as provided herein, within fifteen (15)
days after receipt of notification of award of the Contract, the
Contract may not be executed by the Administration.
ARTICLE XX
SURETY QUALIFICATIONS
The surety, or sureties, upon the required performance bond shall be a
corporate surety, or sureties, duly authorized to do business in the State of
Maryland. Bonding companies whose names appear on the United States Treasury
Department's listing of Accepted Sureties on Federal Bonds need not submit with
the bond any proof of their being so authorized by the Maryland Insurance
Commissioner. Any company which is not on the U.S. Treasury Department's current
list and which is selected to become a surety upon such performance bond must
submit with the bond, at the time it is tendered to the Administration, a
certificate by the Maryland Insurance Commissioner, bearing date not more than
five (5) days prior to the date of the bond so tendered, and to the effect that
the company is authorized to do business in the State of Maryland. To ensure
compliance with the Administration's requirements in this connection, the agent
or attorney executing the bond for the bonding company will, whether the company
is or is not on the Treasury Department's approved list, attach to the bond its
power of attorney or other appropriate proof of authority to execute the bond.
ARTICLE XXI
SMOKING REGULATION
Smoking or carrying any lighted tobacco product in the main terminal
building at the Airport is prohibited except for bars or cocktail lounges where
alcoholic beverages are dispensed, airline or Airport clubs, or other tenant
areas not accessible to the public. An area in which smoking or carrying lighted
tobacco products is permitted shall be prominently marked.
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ARTICLE XXII
AUTOMATED VEHICLE IDENTIFICATION SYSTEM
The Administration may elect at any time during the Contract term to
require that an automated vehicle identification (AVI) system be installed in
each of Contractor's and its subcontractor(s)' vehicles used in the service. The
purpose of the AVI system is to monitor Contractor's activities and determine if
Contractor is operating on the required schedule. In the event a decision is
made to require installation, the Administration shall, at its cost and expense,
purchase, install and de-install the AVI system for the Airport. The Contractor
shall be responsible for installing transponders/tags in each vehicle at
Contractor's expense. Contractor shall complete such installation by a date set
by the Administration. The Contractor shall at its own cost and expense repair
and/or replace any transponders/tags damaged, destroyed or lost by Contractor,
its agents, servants, employees and subcontractors. Upon termination of the
Contract, Contractor shall return the transponders/tags to the Administration in
as good condition as upon installation, the usual wear and tear excepted.
ARTICLE XXIII
DEFINITIONS
As use d herein, each of the following words and expressions shall have the
following meaning:
1. door-to-door service means shared-ride pick-up and delivery to and
from an individual's home or other requested point and BWI Airport
with pick-up and delivery of the individual limited to the curb (i.e.,
drivers are not required to assist individual's from their door to the
vehicle or vice versa, but are required to assist passengers together
with their luggage into or out of the vehicle).
2. scheduled service means operating on a fixed schedule at designated
time intervals (e.g. every 30, 60, or 120 minutes) upon ticket
purchase from BWI Airport.
3. on demand service means a vehicle is dispatched upon request.
4. shared-ride means multiple parties travelling in one vehicle who are
not necessarily travelling companions or destined to the same
location.
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ARTICLE XXIV
GENERAL PROVISIONS
This Contract is subject to the attachment entitled "Lease and/or
Concession Agreements - General Provisions," which is attached hereto and is
made a part hereof. In the event of a conflict between the Special Provisions in
the Contract and the attachment entitled "Lease and/or Concession Agreements -
General Provisions," the Special Provisions shall govern.
ARTICLE XXV
CONTINGENT APPROVALS
It is agreed and understood by all parties hereto that the execution of
this Contract and its effectiveness is contingent upon approval by the Secretary
of Transportation and the Board of Public Works of Maryland and this Contract
shall be considered to bind the parties hereto in accordance with the
Constitution and laws of the ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ of
America.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed as of the date first above written.
ATIEST: SUPERSHUITLE, INC.
/s/ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ BY: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ (SEAL)
---------------------------- ----------------------------
▇▇▇▇ ▇. ▇▇▇▇▇▇, President
(TITLE)
FEDERAL I.D. NO. ▇▇-▇▇▇▇▇▇▇
WITNESS: MARYLAND AVIATION ADMINISTRATION
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ BY: /s/ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
--------------------------- -----------------------------
▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Acting Executive Director
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
BY: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
-------------------------
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Assistant Attorney General
▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇-▇▇-▇▇-▇▇▇
-▇▇-
▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇ SERVICE AREA
Exhibit "A"
MAA- LC -▇▇-▇▇▇
▇▇▇▇▇▇▇▇▇ ▇▇▇▇
▇▇▇▇: BROADWAY TO NORTH AVENUE TO ST. ▇▇▇▇ STREET TO ▇▇▇▇▇▇▇ STREET TO BALTIMORE
COUNTY LINE; NORTH: BALTIMORE COUNTY LINE; WEST: GREENSPRING AVENUE TO MONROE
STREET; AND SOUTH: I-95.
[GRAPHIC OMITTED - MAP]
50
ANNAPOLIS SERVICE AREA
Exhibit "B"
MAA- LC -95-020
[GRAPHIC OMITTED - MAP]
ANNAPOLIS AREA
EAST TO RT 2 AND RT 50 TO BAY: NORTH TO ▇▇▇▇▇▇ ROAD: WEST PRINCE GEORGE'S/▇▇▇▇▇▇
COUNTY LINE; AND SOUTH TO CENTRAL AVENUE.
51
BALTIMORE COUNTY SERVICE AREA
Exhibit "C"
MAA- LC -95-020
[GRAPHIC OMITTED - MAP]
BALTIMORE COUNTY
EAST: HARFORD ROAD & HARFORD COUNTY LINE; NORTH: PA BORDER; WEST: ▇▇▇▇▇▇▇
COUNTY/▇▇▇▇▇▇ COUNTY LINES; AND SOUTH: I-95.
52
▇▇▇▇▇▇▇▇▇▇ & PRINCE GEORGE'S COUNTIES SERVICE AREA
Exhibit "D"
MAA- LC -95-20
[GRAPHIC OMITTED - MAP]
PRINCE GEORGE'S/▇▇▇▇▇▇▇▇▇▇ COUNTIES
EAST TO ▇▇▇▇ ARUNDEL & ▇▇▇▇▇▇ COUNTIES LINES: NORTH FROM RT 97 TO RT 355 TO RT
27 TO RT 118 TO RT 112; WEST POTOMAC RIVER; AND SOUTH TO ▇▇▇▇▇▇▇ COUNTY LINE.
53
WASHINGTON, D.C. SERVICE AREA
Exhibit "E"
MAA- LC -95-020
[GRAPHIC OMITTED - MAP]
WASHINGTON, D.C.
ALL WITHIN LIMITS, AS MARKED.
54
[GRAPHIC OMITTED - FLOOR PLAN]
135 Sq. Ft. of air-conditioned office space
CENTER TERMINAL Lower Level
--------------------------------------------------------------------------------
[GRAPHIC OMITTED] NOTE: This exhibit depicts [LOGO] BWI
LOCATION only square footage of BALTIMORE/WASHINGTON
leased area and is INTERNATIONAL AIRPORT
not intended to address
construction details EXHIBIT "F"
MAA- LC -95-020
Office Space
--------------------------------------------------------------------------------
55
Exhibit "E"
MAA-LC; -95-020
[GRAPHIC OMITTED - FLOOR PLAN]
177 Sq. Ft. of air-conditioned counter space
CENTER TERMINAL Lower Level
--------------------------------------------------------------------------------
[GRAPHIC OMITTED] NOTE: This exhibit depicts [LOGO] BWI
LOCATION only square footage of BALTIMORE/WASHINGTON
leased area and is INTERNATIONAL AIRPORT
not intended to address
construction details EXHIBIT "G"
MAA- LC -95-020
Ground Transportation Desk
--------------------------------------------------------------------------------
56
Exhibit "E"
MAA- LC -95-020
GROUND TRANSPORTATION ACTIVITY REPORT
Baltimore/Washington International Airport
Company Name ___________________________________________________________________
Contract No. _____________________________________ Report Month ________________
Complete Section I OR Section II as appropriate
--------------------------------------------------------------------------------
SECTION I - Complete for % of gross revenue computation
$
---------------------
Total Gross Revenues
(for operation at BWI)
Concession Rate X %
---------------------
Concession Fee
---------------------
Less 1/12 minimum annual guarantee
(if any)
---------------------
AMOUNT DUE $
=====================
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
SECTION II -- Complete for flat rate computation
________________ X _________________ =
# Outbound Trips Flat Fee per Trip ---------------------
Less 1/12 minimum annual guarantee
(if any) ---------------------
AMOUNT DUE $
=====================
--------------------------------------------------------------------------------
I certify that this is a true and accurate statement of gross revenue in
accordance with the terms of the lease and concession agreement.
( )
-------------------- ------------------- ------------------ ----------
Signature Phone Title Date
1. Submit report in duplicate by 15th of month following report month.
2. Make check payable and remit to:
Maryland State Aviation Administration
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇▇▇ ▇▇▇'▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
SAA-15 [ILLEGIBLE]
8/83
57
INSTRUCTIONS
CONTRACT AFFIDAVIT
1. Please complete aLl blank spaces on this Affidavit. If the document is
received incomplete, it will be returned to your Company for proper
execution.
2. On Page 1, at the top left margin, please complete the State and County
portion of the Affidavit using your Company's State and County location.
3. Please note that the resident agent referred to in Section 2 must reside in
the State of Maryland.
4. Indicate "N/A" in any space which is "non-applicable" to your Company.
5. If you have any questions or require any assistance concerning corporation
registration (Section 2) when completing this Affidavit, please contact the
Maryland Department of Assessments and Taxation, Charter Division at (410)
225-1340, and if you have any other questions relating to this Contract
Affidavit please call the Maryland State Aviation Administration at (410)
859-7002.
