24-205-RFP_Vehicle_Maint_Master.pdf

REQUEST FOR RESPONSES (RFP)

24-205-RFP

VEHICLE AND EQUIPMENT MAINTENANCE SERVICES

Solicitation documents are available from the Greater Orlando Aviation Authority’s Procurement Services Department’s e-Procurement Platform:

https://procurement.opengov.com/portal/goaa

Search under Projects for: Vehicle and Equipment Maintenance Services The Aviation Authority’s Procurement Department has transitioned to a E- Procurement Platform, OpenGov. Solicitations are posted within OpenGov and electronic responses will be accepted via the e-Procurement Portal.

To get started, click here to sign up. You will receive an email to activate your account.

For more information about how to register, please see our help file here.

Registration and Notification of Solicitations

THERE IS NO COST FOR VENDORS TO REGISTER WITH OpenGov

Receiving Electronic Responses to Solicitations

To successfully submit a response to a Solicitation, Vendors are required to submit their electronic response via OpenGov - https://procurement.opengov.com/portal/goaa. Mailed, faxed, emailed, and hand delivered submissions will not be accepted. Responses will only be accepted via OpenGov. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes.

https://procurement.opengov.com/signup http://help.procurement.opengov.com/en/articles/2482165-vendor-registration https://procurement.opengov.com/signup

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

TABLE OF CONTENTS

SECTION PAGE

Americans With Disabilities Act Responsible Vendor Determination

1.0 GENERAL INFORMATION

1.1 Intent and Purpose

1.2 Tentative Schedule

1.3 Solicitation Information

1.4 Submitting Questions and Receiving Responses

1.5 Contract Period

1.6 Price Escalation/De-Escalation (CPI) If needed

1.7 Communications; Questions Regarding Specifications or Solicitation Process

1.8 Exceptions to Terms and Conditions within the Solicitation

1.9 Notice of Intent to Award Contract

1.10 Public Meetings/Public Records

1.11 Code of Ethics and Business Conduct Policy

2.0 BACKGROUND INFORMATION

2.1 Airport Demographics

2.2 Airport Environment

3.0 SPECIAL CONDITIONS

3.1 Minimum Requirements

3.2 Evaluation of Responses

3.3 Selection Process

3.4 Surety Bonds/Letters of Credit/Liability Insurance

3.5 Insurance Requirements

3.6 Contractor’s Personnel

3.7 Airport Security

3.8 Airport Operations Area

3.9 Verification of Employment Status

3.10 Identification and Access Requirements

3.11 Small Business Program

3.12 Good Faith Effort Requirements

3.13 Performance and Invoicing

4.0 SCOPE OF WORK/SPECIFICATIONS

4.1 Overview

4.2 Definitions

4.3 Regulations

4.4 Work Hours

4.5 Aviation Authority’s Responsibilities

4.6 Contractor’s Staffing Positions and Requirements

4.7 Contractor’s Staffing Requirements

4.8 Master Mechanics

4.9 On-Site Manager

4.10 Office Administrator

4.11 Supervisor

4.12 Parts Clerk

4.13 Items Provided by the Contractor

4.14 Tools and Equipment

4.15 Contractor’s Warranty and Repairs

4.16 Start-up/Transition Plan

4.17 Parts

4.18 Parts Inventory – Contractor Owned and Managed Parts Inventory Program

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

4.19 Crash truck and Cobus Parts Inventory

4.20 Shipping, Freight, Material Handling Costs

4.21 Maximo Data Entry

4.22 Contractor Provided Training Program

4.23 Fuel Storage and Dispensing System Maintenance and Spills

4.24 Preventive Maintenance and Repairs

4.25 Oil Sampling Program

4.26 Certified Inspections Services

4.27 Quick Fix and Fast Response Services

4.28 Outside Repairs/Service

4.29 Repair Priority

4.30 Fueling Equipment in the Field

4.31 Additional Work

4.32 Accident Repair Services

4.33 Notification of High Repair Costs and Estimating Accuracy

4.34 Reports and Records

4.35 Repair of Crash Trucks

4.36 Repair of Vehicles Out of Service due to Accident

4.37 Repairs On Vehicles/Equipment That Have Exceeded Life-Expectancy

4.38 Tracking Productivity and Downtime in Maximo

4.39 Grading Format

4.40 Performance Categories and Scores

4.41 Performance Deductions

4.42 Other Deductions

4.43 Performance Requirements

4.44 Services at the Orlando Executive Airport (ORL)

4.45 Use Of Premises and Security:

4.46 Safety and Protection

4.47 Inspections

4.48 On-Site Communications:

4.49 Additional Services

4.50 Exhibits

5.0 AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

5.1 Intent to Award-Appeal

5.2 Awards

5.3 Additional Terms & Conditions

5.4 Purchasing Agreements with Other Governmental Entities

5.5 Lobbying Statement

5.6 Whistle Blower Reporting Line

5.7 EEO Statement

5.8 Federal Fair Labor Standards Act

5.9 Occupational Safety and Health Act of 1970

5.10 Discounts

5.11 Pricing

5.12 Incurred Cost

5.13 Errors

5.14 Taxes

5.15 Silence of Specifications

5.16 Assignment

5.17 Indemnification

5.18 Patents and Royalties

5.19 Software License to Contractor

5.20 Warranty Against Infringement of Intellectual Property

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

5.21 Optional Ownership of Work Product

5.22 Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI)

5.23 Training

5.24 Acceptance

5.25 Safety Warranty

5.26 Warranty

5.27 Conflict of Interest:

5.28 Drug-Free Workplace

5.29 Discriminatory Vendor List

5.30 Public Entity Crimes

5.31 Scrutinized Companies

5.32 Licenses and Certifications

5.33 Subcontractors

5.34 Verbal Instructions

5.35 Litigation Venue

5.36 Addition, Deletion, or Modification of Services

5.37 Operation During Dispute

5.38 Funding

5.39 Contract Termination

5.40 Contractor Responsibilities

5.41 Supervision of Contract Performance

5.42 Monitoring of Work

5.43 Prompt Payment

5.44 Right To Audit Records

5.45 Copying Documents

5.46 Florida Public Records Law

5.47 Federal Compliance Provisions

5.48 Federal Emergency Management Agency (FEMA) Contract Requirements

5.49 Additional FEMA Requirements

6.0 CONTRACT

6.1 Contract Instructions

6.2 Contract

7.0 RESPONSE SUBMITTAL REQUIREMENTS

7.1 Preparing Responses in Required Format

Tab 1 – Table of Contents Tab 2 –Company Meeting Minium Requirements Tab 3 - Respondent’s Experience, Qualifications and Methodology Tab 4 - Respondent’s Personnel Qualifications and Experience Tab 5 – Method and Approach - Operational Plans Tab 6 – Additional Requirements of the Response Tab 7 - Pricing Schedule

1. Respondent’s Certification Form

2. Conflict of Interest Disclosure Form

3. Certification Regarding Prohibition Against Contracting with Scrutinized

4. E-Verification Certification Form

5. MWBE and LDB FORMS

6. Current W9

7. Letter of Bondability or Letter of Credit

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

Americans With Disabilities Act

The Greater Orlando Aviation Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact the Greater Orlando Aviation Authority’s ADA Coordinator at 407-825- 2006 as soon as possible, at least one full business day prior to any scheduled meeting.

Responsible Vendor Determination

Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the Aviation Authority may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

1.0 GENERAL INFORMATION

1.1 Intent and Purpose

a. The Greater Orlando Aviation Authority (the “Aviation Authority”) is soliciting interested parties to furnish all labor, supervision, materials and supplies, equipment, uniforms, and all other items necessary or proper for, or incidental to, performing vehicle and equipment maintenance services at the Orlando International Airport (“MCO”) and Orlando Executive Airport (“ORL”) in accordance with the Contract documents. Services will include but is not limited to preventative maintenance, corrective maintenance and repairs, mobile repairs and fueling services, tire repair services, towing, and parts procurement and management. Contractor shall provide all labor as specified herein, and management oversight to ensure that a high level of productivity is maintained.

b. The Agreement, if awarded following the Solicitation process, shall commence on or about September 1, 2024.

c. This Solicitation includes a Minority and Women Business Enterprise (MWBE) and a Local Developing Business (LDB) / Veteran Business Enterprise (VBE) participation requirement. The Participation Goal for this Contract will be 13% for MWBEs and 15% for LDBs/VBEs.

1.2 Tentative Schedule

Release Date: Sunday, May 26, 2024 Deadline for submission of questions: Monday, June 10, 2024 @ 4:00 p.m.

Release of Addendum: Monday, June 17, 2024 @ 4:00 p.m.

Deadline for return of Response: Friday, June 24, 2024 @ 3:00 p.m.

Procurement Committee: * Tuesday, July 30, 2024 If required, Interviews by Procurement Committee: * Tuesday, August 6, 2024 Recommendation to the Aviation Authority Board: * Wednesday, August 21, 2024

*Sunshine Meeting schedules are posted weekly on the Aviation Authority website.

1.3 Solicitation Information

a. Sealed electronic responses will be received for this Solicitation through the

Greater Orlando Aviation Authority e-Procurement Portal (Portal) located at https://procurement.opengov.com/portal/goaa. By way of the Portal, responses will be locked and digitally encrypted until the submission deadline passes.

b. Responses submitted by hard copy, e-mail, telephone or fax shall not be accepted. Responses submitted outside of the designated electronic submission Portal shall be rejected as non-responsive regardless of where received.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

c. The Aviation Authority shall not be responsible for delays caused by any occurrence, including a technology issue. Any late response will not be accepted.

d. The time/date stamp clock located in the electronic submittal portal shall serve as the official authority to determine lateness of any response.

e. Respondents shall not be allowed to modify their responses after the opening time and date. Responses may be examined thirty (30) days after the Solicitation opening or upon recommendation for award, whichever occurs first.

1.4 Submitting Questions and Receiving Responses

Respondents shall submit all inquiries regarding this Solicitation via the e- Procurement Portal, located at https://procurement.opengov.com/portal/goaa. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Aviation Authority e-Procurement Platform. Respondents may also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the Respondent to check the website for answers to inquiries.

A. Questions will be answered through the e-Procurement Portal.

B. If the Purchasing Department determines that it is necessary to change the dates or times prior to the due date, the change will be announced and posted on the e-Procurement Portal

C. All prospective Respondents shall thoroughly examine and become familiar with the Solicitation package and carefully note the items which must be submitted with the Solicitation as detailed in the section on Response Submittal Requirements.

D. Submission of a Response shall constitute an acknowledgment that the

Respondent has read and understands the Solicitation Documents. The failure or neglect of a Respondent to receive or examine any Solicitation Document shall in no way relieve it from any obligations under its Response or the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work.

1.5 Contract Period

a. The Contract period will be for sixty (60) months with the Contract to commence on or about September 1, 2024, with one renewal option of sixty months.

b. The Aviation Authority shall not be obligated to renegotiate or increase any price for any work during the initial term of the Contract based on a

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

Respondent's mistake or miscalculation of prices, underestimation of costs, or for any other reason.

1.6 Price Escalation/De-Escalation (CPI) If needed

a. The original contract prices shall be firm for the five (5) year contract period. A price escalation/de-escalation may be considered after the 3rd year, and once a year thereafter, provided the Contractor notifies the Aviation Authority, in writing, of the pending price escalation/de-escalation a minimum of sixty (60) days prior to the contract’s anniversary date.

b. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov.

c. Price adjustment shall be calculated by applying the simple percentage model to the CPI data. This method is defined as subtracting the base period index value (at the time of initial award) from the index value at time of calculation (latest version of the CPI published as of the date of request for price adjustment), divided by the base period index value to identify percentage of change, then multiplying the percentage of change by 100 to identify the percentage change. Formula is as follows:

Current Index – Base Index / Base Index = % of Change % of Change x 100 = Percentage Change

CPI-U Calculation Example:

CPI for the current period 232.945 Less CPI for the base period 229.815 Equals index point change 3.130 Divided by base period CPI 229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100 Equals percent change 1.4%

d. A price increase may be requested only at each time interval specified above, using the methodology outlined in this section. To request a price increase, the Contractor shall submit a letter stating the percentage amount of the requested increase and adjusted price to the Aviation Authority’s Purchasing Department.

e. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 4% unless there are circumstances demonstrating http://www.bls.gov/

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024 that an increase beyond this amount is required and this is approved by the Aviation Authority.

f. All price adjustments must be accepted by the Vice President of Procurement

Services and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. No retroactive contract price adjustments will be allowed. Only final CPI data will be used to adjust contract pricing.

g. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract the Contractor shall notify the Aviation Authority’s Purchasing Department of price decreases in the method outlined above.

h. If the Contractor intentionally fails to pass the decrease on to the Aviation

Authority, the Aviation Authority reserves the right to place the Contractor in default.

1.7 Communications; Questions Regarding Specifications or Solicitation Process

a. Any official communication from a Respondent during the Solicitation process should be submitted to the Aviation Authority via the e-Procurement Portal, https://procurement.opengov.com/portal/goaa. A copy of the Administration Policies (Sections 180.01 and 180.03) is available upon request from the Manager of Board Services.

b. In accordance with the above-referenced policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Respondent or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Solicitations, making recommendations or making an award, is prohibited from the time that the Solicitation is released to the time that the award is made.

1.8 Exceptions to Terms and Conditions within the Solicitation

1) If a Respondent desires any changes or modifications to the terms and conditions set forth in the Response Documents, the Respondent should submit these changes or modifications to the Aviation Authority in writing prior to the deadline for questions and comments about the Solicitation.

2) The Aviation Authority will consider such requested changes to the Contract’s terms and conditions. If any such requested changes or modifications are acceptable, the Aviation Authority will modify the terms and conditions by Addenda to this Solicitation prior to the deadline for Response submission. In

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024 submitting any requested changes or modifications, a Respondent should state the specific terms or conditions in the Aviation Authority’s Response Document, which the Respondent wishes to change, and the desired language, terms or conditions. Respondents are requested to not substitute entire agreements or sets of terms and conditions but discuss separately each term or condition that they take exception to or desire to change.

Exceptions noted within the response submittal may cause the Response to be deemed non-responsive.

1.9 Notice of Intent to Award Contract

Unless all Responses are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within ninety (90) days from the opening of Responses to the responsible and responsive Respondent submitting the Response deemed to be most advantageous to the Aviation Authority, all factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Responses and to cancel the procurement or to solicit new Responses.

1.10 Public Meetings/Public Records

Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a Solicitation will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

1.11 Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy (Section 204.01) which addresses, the obligation of the Aviation Authority’s Board members and employees to follow the Florida Statutes in reference to these issues.

This includes, but is not limited to, the obligations of the Aviation Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts. Please be aware that any violation of this policy by a Respondent and/or any attempt to influence an Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Respondent to Respond on any Contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

The remainder of this page is intentionally blank.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

2.0 BACKGROUND INFORMATION

2.1 Airport Demographics

a. Orlando International Airport (MCO) is operated and managed by the Aviation Authority. It is expected that more than 60 million domestic and international passengers will travel through MCO during the 2023-2024 fiscal year.

b. As of January 2024, MCO is served by 35 commercial airlines and 6 cargo carriers, the same as in January 2023.

c. MCO, like all airports in the United States, is self-sustaining, with Airport revenues being generated from user fees, concessions, and airline revenues. No local taxpayer dollars contribute to the operation of MCO.

2.2 Airport Environment

It is important for Respondents to note that the Airport environment presents the Respondent with a set of unique challenges which are not typical of any other environment.

d. The Airport is a non-smoking facility.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

3.0 SPECIAL CONDITIONS

3.1 Minimum Requirements

Respondents must meet the following minimum requirements to be considered for the award of the contract. Respondents will address each requirement specifically in their Response. Each Respondent must acknowledge on company letterhead and provide written documentation that their firm meets the Minimum Requirements.

a. Shall be registered/qualified to do business in the State of Florida. Provide a copy of such registration/qualification to the Aviation Authority with the Response submission.

b. Shall have a minimum of five (5) years of continuous, and recent experience providing services of the type described in the Scope of Services above, prior to the deadline of this Solicitation. Respondent shall provide an affirmative statement and/or documentary proof of such experience with the Response submission.

c. This Solicitation includes a Minority and Women Business Enterprise (MWBE) and a Local Developing Business (LDB) / Veteran Business Enterprise (VBE) participation requirement. The Participation Goal for this Contract will be 13% for MWBEs and 15% for LDBs/VBEs.

1) All Respondents, including a Respondent which is an MWBE, shall comply with the MWBE requirements by having MWBEs other than the Respondent participate in the performance of the Contract services at a sufficient level to meet the participation goal.

2) The Response will be considered non-responsive to the Solicitation and rejected if the Respondent fails to demonstrate, to the reasonable satisfaction of the Aviation Authority, as required by the MWBE policy, that the Respondent has met or has made a good faith effort to meet the established MWBE goal.

d. Return of Required Response Forms to include Proof of Insurance.

1) Response Forms to be turned into the Aviation Authority

The Response forms (1 through 7) shall be completed and signed by the Respondent’s duly authorized representative. Failure to return the forms with the submittal may cause the Response to be deemed as non-responsive.

2) Proof of Insurance

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

The submittal shall contain proof of insurability issued by a company currently authorized to do business in the State of Florida and with an A.M. Best Company rating of at least B+ and a Financial Size Category of "Class VI" or higher according to the most current edition of AM Best Rating for the required insurance(s) listed in Section 3.4 Insurance Requirements.

e. An affirmative statement that the Respondent is willing to sign the Contract set forth in this Solicitation, as amended, within ten (10) days after receipt of the Notice of Intent to Award. The Aviation Authority’s goal is that the terms and conditions stated in the Solicitation Documents will constitute the terms of the final Contract between the Aviation Authority and the successful Respondent, without significant or material change to such terms or conditions.

3.2 Evaluation of Responses

a. Respondent(s) must meet the requirements as stated in the section on Minimum Requirements and demonstrate the capability required to provide the services described in the section on Scope of Work/Specifications.

b. Responses will be evaluated using the following criteria:

EVALUATION CRITERIA

CATEGORY POINTS

Experience and Qualifications of Respondent; Successful Completion of Similar Projects and References – Tab 3

Knowledge and Experience of Key Individuals and Team Tab 4 20 Approach and Methodology – Operational Plans – Tab 5 20 Additional Requirements of the Response (Small Business Plan and Participation Goal Level, Prior or Pending Convictions, Indictments, Investigations, and Claims). Tab 6

Price Response/Cost Response schedule Tab 7 20

TOTAL: 100

c. The Aviation Authority, in its sole discretion, may award the Contract to the responsible and responsive Respondent submitting the Response which is deemed to be the most advantageous to the Aviation Authority, price and other factors being considered.

d. The Aviation Authority reserves the right to solicit from available sources relevant information concerning a Respondent’s past performance and may consider such information in its evaluation and selection of Respondents.

3.3 Selection Process

a. Responses to this Solicitation will be evaluated and ranked by the Procurement

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

Committee (“Committee)”. The Committee may, in its sole discretion, seek the assistance of other Aviation Authority staff, consultants and legal counsel with respect to the evaluation and any recommendation for award.

b. Responses will be evaluated based upon the Evaluation Criteria outlined in the section on Evaluation of Responses, and supported by the Respondent’s provided required information in the section on Response Submittal Requirements.

c. The Committee will evaluate the responses and may, at its sole discretion, invite one or more of the Respondents that appear to be the most advantageous to interview with the Committee. The purpose of such an interview would be to allow Respondents to elaborate upon their Response before a recommendation for ranking of the Responses is made. Interview responses, along with the written Response will become part of the Respondent’s response to be evaluated by the Committee.

d. In the event the Committee determines that presentations/interviews are not necessary, the Committee shall submit to the Aviation Authority Board for approval, a ranking and recommendation of the Respondent(s) that are most advantageous to meet the needs of the Aviation Authority. The Aviation Authority Board may accept, reject or amend the recommendation of the Committee.

e. After the Aviation Authority Board has established and approved the final rankings, negotiations with the highest ranked firms may be initiated. If any of those negotiations are unsuccessful, the Aviation Authority may open negotiations with the next ranked firm, etc. until the successful completion of negotiations and execution of a contract. The Aviation Authority may reject all Responses at any time throughout this process.

f. The Aviation Authority shall have the right, but not the obligation, to award all or any portion of the services. The extent and scope of the Services, along with the fees for such services, will be subject to final approval by the Aviation Authority. The Aviation Authority intends, but is not obligated, to enter into a non-exclusive agreement with the highest ranked Respondent to perform the required Services described herein. The Aviation Authority reserves its right to award any or all of the advertised services subject to the availability of funding.

g. The Aviation Authority reserves the right to waive any informality in the Response, to reject any and all Responses, and to re-advertise or elect not to proceed with the services for any reason. All recommendations and decisions regarding award of the services shall be made at open public meetings in accordance with the requirements of Florida Statute 286.011, and all interested parties are invited to attend such meetings.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

3.4 Surety Bonds/Letters of Credit/Liability Insurance

A Surety Bond/Letter of Credit is required for this Contract.

a. Prior to Aviation Authority’s execution of the Contract and within ten (10) business days of the award, the Contractor shall furnish to Aviation Authority a Performance Bond, and a Payment Bond if required, completed on the Aviation Authority’s forms provided in the Contract Documents. Such Performance Bond shall be current and in compliance at all times during the Term of the Contract in a penal sum equal to One Million Eight Hundred Thousand Dollars ($1,800,000.00)

b. The Contractor may elect to provide the Aviation Authority, in lieu of the required

Performance Bond (but not the Payment Bond if required by general law), a letter of credit in an amount equal to One Million Eight Hundred Thousand Dollars ($1,800,000.00) and issued on the Aviation Authority’s form of irrevocable standby letter of credit (“Letter of Credit”). The Contractor shall provide the Aviation Authority with a Letter of Credit that remains in effect for at least one year after the expiration or earlier termination of the term of the Contract including any renewal or other extended term. If the Contractor fails to perform any obligation required of it under the terms of the Contract including, but not limited to, providing the Aviation Authority with an acceptable renewal or replacement letter of credit within the required time limits, the Aviation Authority shall be entitled, in addition to any other remedies, to draw the full amount of the funds available under any Letter of Credit provided by Contractor to Authority and to hold such funds until such time as the Aviation Authority in its discretion shall determine the amount of damages, costs and expenses owing to it from the Contractor. The Aviation Authority shall retain from such funds an amount equal to its actual or anticipated damages, costs and expenses, and shall thereafter return the remaining amount of the funds, if any, to the Contractor.

c. Prior to the commencement of any renewal or extended term of the Contract, Contractor, at its own expense, shall provide to the Aviation Authority an acceptable renewal or replacement Performance Bond or Letter of Credit, rider to an existing Performance Bond or Letter of Credit, or continuation amendment to an existing Performance Bond or Letter of Credit .

d. Except as provided in this Performance Bond Section, the Aviation Authority will not accept any change or modification to the forms of Performance Bond or Letter of Credit attached to these Solicitation Documents. The sole change to the forms of Performance Bond and Letter of Credit that the Aviation Authority will accept is that the Contractor may provide a Performance Bond or a Letter of Credit that is for a period of less than the full initial term of the Contract but which still has an effective term of not less than twelve (12) months. The Aviation Authority shall release any existing Letter of Credit provided by the Contractor upon the Aviation Authority’s receipt and approval of a renewal or replacement Letter of Credit that complies with the requirements of this Contract.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

e. If the Contractor is required to provide any renewal of the Performance Bond or

Letter of Credit, rider to an existing Performance Bond or Letter of Credit, or continuation amendment to an existing Performance Bond or Letter of Credit (collectively, the “Replacement”), Contractor shall, at the discretion of the Aviation Authority, calculate the penal sum/amount (the “Amount”) of any such Replacement as follows:

1) If the Renewal is provided in connection with the expiration of an existing

Performance Bond or Letter of Credit prior to expiration of the initial term of the Contract but not in connection with an amendment to the Contract where the compensation to be paid to Contractor is increased, the Replacement shall be in an Amount equal to the Amount of the then current Performance Bond or Letter of Credit.

2) If the Replacement Performance Bond is provided in connection with an amendment of the Contract where the compensation to be paid to the Contractor during the period covered by the then current Performance Bond or Letter of Credit is increased for any reason, the Replacement shall be in an Amount equal to the Amount of the then current Performance Bond or Letter of Credit plus an amount that bears the same ratio to the increased compensation to be paid to the Contractor that the Amount of the then current Performance Bond or Letter of Credit bears to the total compensation to be paid to the Contractor prior to such amendment to the Contract.

3) If the Replacement is provided in connection with the renewal or extension of the Contract and the required Amount of the Performance Bond or Letter of Credit for the initial term of the Contract is stated as a fixed Amount, the Replacement shall be in an Amount equal to the lesser of either (i) the Amount required during the initial term of the Contract; or (ii) an Amount that bears the same ratio to the total estimated compensation to be paid to the Contractor during the renewal term that the Amount required during the initial term of the Contract bore to the total estimated compensation to be paid to the Contractor during the initial term of the

4) If the Replacement is provided in connection with the renewal or extension of the Contract and the required Amount of the Performance Bond or Letter of Credit for the initial term of the Contract is stated as a fraction or percentage of the Contract price, the Replacement shall be in an Amount equal to the same annualized percentage of the total estimated compensation (including any reimbursable expenses) to be paid to the Contractor during the renewal term (i.e., if the initial Performance Bond or Letter of Credit is 1/6 of the total three year Contract cost, then the Replacement will be one-half of the total estimated compensation to be paid to the Contractor during the renewal year).

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

f. Failure to timely submit an acceptable Performance Bond or Letter of Credit prior to commencement of the Contract in addition to all other rights available to the Aviation Authority under law, shall give the Aviation Authority the right to withdraw the Notice of Intent to Award, without the need for providing the Contractor advance notice or the opportunity to cure. Contractor acknowledges responsibility for any damages or costs incurred by the Aviation Authority due to its failure to comply with this Section.

g. Surety Bonds delivered to the Aviation Authority in satisfaction of any requirement under this Contract must meet the following criteria:

1) Bid Bonds provided to the Aviation Authority in connection with

Contracts shall be duly issued by an insurer or corporate surety (a) on a bond form provided by Aviation Authority, or on a form substantially the same as Aviation Authority's form; b) obligating the surety for at least ninety (90) days following the date on which Bids are publicly opened;

and (c) by an insurer or corporate surety that is authorized to conduct insurance business in the State of Florida.

2) Performance and Payment Bonds provided to the Aviation Authority in connection with Contracts having a value of $500,000.00 or less shall be duly issued by an insurer or corporate surety which:

a) Is authorized to conduct insurance business in the State of

Florida;

b) Currently holds a certificate of authority authorizing it to write surety bonds in the State of Florida; and

c) Is otherwise in compliance with the provisions of the Florida

Insurance Code.

3) Performance and Payment Bonds provided to the Aviation Authority in connection with Contracts having a value in excess of $500,000.00 shall be duly issued by an insurer or corporate surety which:

a) Is authorized to conduct insurance business in the State of

Florida;

b) Holds a currently valid certificate of authority by the U.S.

Department of Treasury pursuant to 31 U.S.C. ss 9304-9308; and

c) Has no less than a "B+" Financial Rating and a Financial Size

Category of "Class VI" or higher according to the most current edition of AM Best Rating Services.

d) Notwithstanding the provisions of (c) above, an insurer or corporate surety which is not rated by AM Best Rating Services may be accepted by Aviation Authority, but only if approved by

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

Aviation Authority's Risk Manager and Department Vice President following a review or investigation of the insurance company's financial and performance standing, including without limitation, its capital adequacy, assets, earnings, of the insurance company’s financial and performance standing, including without limitation, its capital adequacy, assets, earnings, liquidity and such other factors as the Aviation Authority's Risk Manager may deem appropriate.

h. Liability Insurance Companies furnishing insurance coverages required by these General Conditions shall (a) be currently authorized to conduct insurance business in the State of Florida, and (b) must have no less than a "B+" Financial Rating and a Financial Size Category of "Class VI" or higher according to the most current edition of AM Best Rating Services.

i. In the event that the Aviation Authority requests Contractor to purchase materials or as a condition to approval of a Subcontractor in accordance with Section 5 of the Standard Terms and Conditions, the Aviation Authority shall have the right to require Contractor to provide a payment bond in accordance with Section 255.05, Florida Statutes.

j. Letters of Credit shall be issued by a bank with an office located in the State of

Florida and reasonably acceptable to the Aviation Authority’s Chief Executive Officer or designee.

3.5 Insurance Requirements

If awarded a contract and prior to Notice to Proceed, the Awarded Contractor must attain and provide a Certificate of Insurance in compliance with this Section. At its sole expense, the Contractor shall maintain the following insurance during the term of this Contract, including any extensions or renewals and such insurance will apply to Contractor, its employees, agents, and Subcontractors.

a. Commercial General Liability and Automobile Liability:

1) Commercial General Liability insurance covering any and all claims for property damage and bodily injury (including death) and including, but not limited to premises, products and completed operations, and Contractual liability for Contractor’s covenants, with a limit of liability not less than Five Million Dollars ($5,000,000) per occurrence, for AOA access; and

2) Automobile liability insurance covering each motor vehicle, including but not limited to owned, non-owned, or hired, used in conjunction with providing Services on Aviation Authority property resulting in property damage or bodily injury, including death with a limit of not less than Five Million Dollars ($5,000,000) combined single limit per accident, for AOA access;

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

3) Additional Insured Endorsement. Such above referenced liability insurance shall name the Aviation Authority and the City of Orlando and their members (including, without limitation, members of the Aviation Authority’s Board and the City’s Council and members of the citizens’ advisory committees of each), officers, employees, and agents as additional insureds.

4) Contracts requiring the care, custody and/or control of motor vehicles will include Garage Keeper’s Legal Liability of $1,000,000 per occurrence.

b. Workers’ Compensation and Employer’s Liability.

The following insurance shall apply to all Contractor’s employees who will be engaged on the Aviation Authority property in the performances of Services in this Contract: (i) workers’ compensation insurance with statutory limits in accordance with Florida law, and (ii) employer’s liability insurance policy limits not be less than $100,000 for each accident, $100,000 for disease each employee and $500,000 for disease policy limit. If the Contractor is self-insured, the Contractor shall provide proof of self-insurance and authorization to self-insure as required by applicable Florida laws and regulations. The Aviation Authority will not accept State of Florida exemptions.

c. Pollution/Environmental Liability Insurance.

Insurance for bodily injury, property damage, defense costs, clean-up and restoration expenses resulting from pollution/pollutant(s) or other environmental impairments which arises out of, or in connection with, Contractor’s work with limits not less than $1,000,000 per claim.

d. Other Insurance Requirements. Contractor agrees to the following as it relates to all above required insurance:

1) Self-Insured Retention and Deductibles. Contractor’s insurance policies shall not be subject to a self-insured retention or deductible exceeding Ten Thousand Dollars ($10,000), if the value of the Contract is less than $1,000,000, and not be subject to a self-insured retention or deductible exceeding One Hundred Thousand Dollars ($100,000), if the Contract is $1,000,000 or more, unless approved by the Aviation Authority’s Chief Executive Officer. The above deductible limits may be exceeded if the Contractor’s insurer is required to pay claims from the first dollar at 100% of the claim value without any requirement that Contractor pay the deductible prior to its insurer’s payment of the claim.

2) Insurance policies shall be primary insurance and not contributory to any other valid insurance the Aviation Authority may possess, and that any

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024 other insurance the Aviation Authority does possess shall be considered excess insurance only.

3) Insurance shall be carried with an insurance company or companies be currently authorized to conduct insurance business in the State of Florida, and must have no less than a "B+" Financial Rating and a Financial Size Category of "Class VI" or higher according to the most current edition of AM Best Rating and said policies shall be in a form acceptable to the Aviation Authority.

4) Any liability insurance maintained by Contractor written on a claims-made form basis will maintain coverage for a period of time determined by the Aviation Authority to be appropriate to cover claims made after the Contractor has concluded its services to the Aviation Authority.

5) All insurance required for this Contract shall contain a waiver of subrogation clause, as allowed by law, in favor of the Authority and the City of Orlando.

6) A properly completed and executed Certificate of Insurance on a form provided or approved by the Aviation Authority (such as a current ACORD form) evidencing the insurance coverages required by this Section shall be furnished to the Aviation Authority upon the Notice of Intent to Award of the Contract and each renewal thereafter during the term of this Agreement and its renewal/extension. Contractor acknowledges that any acceptance of Certificate of Insurance by the Aviation Authority does not waive any obligations herein this Agreement.

7) The Aviation Authority is currently contracted with a third party for the management of all insurance certificates related to Aviation Authority Contracts. Contractors who enter into a Contract with the Aviation Authority will be contacted directly by the third party vendor for insurance certificates and related matters such as expired certificates. An introductory letter will be sent instructing each Contractor of the proper procedures for processing updated insurance certificates as well as any other insurance related matter that may arise over the term of the Contract. Contractors will respond as directed in the introductory letter as well as any further instructions they may receive.

8) The Contractor shall provide the Aviation Authority immediate written notice of any adverse material change to the Contractor’s required insurance coverage. For purposes of this Insurance Section, an “adverse material change” shall mean any reduction in the limits of the insurer’s liability, any reduction of any insurance coverage, or any increase in the Contractor’s self-insured retention and any non-renewal or cancellation of required insurance.

9) If any insurance coverage is canceled or reduced, Contractor shall, within forty-eight (48) hours remit to the Aviation Authority a Certificate

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024 of Insurance showing that the required insurance has been reinstated or replaced by another insurance company or companies acceptable to the Aviation Authority. If Contractor fails to obtain or have such insurance reinstated, the Aviation Authority may, if it so elects, and without waiving any other remedy it may have against Contractor, immediately terminate this Contract upon written notice to Contractor.

10) The Aviation Authority’s Chief Executive Officer shall have the right to alter the monetary limits or coverages herein specified from time to time during the term of this Contract, and Contractor shall comply with all reasonable requests of the Chief Executive Officer with respect thereto.

3.6 Contractor’s Personnel

The Contractor must provide all personnel deemed necessary to meet the requirements of the Contract.

a. The Contractor’s employees shall be instructed that no gratuities shall be solicited or accepted for any reason whatsoever from the tenants, customers or other persons at Orlando International Airport.

b. The Contractor shall be responsible for ensuring that all “lost and found” articles found by its employees on Aviation Authority's premises are turned over to the Aviation Authority or the Aviation Authority's designated agent in charge of such articles.

c. Contractor shall transfer promptly from the Aviation Authority any employee or employees that the Aviation Authority advises are not satisfactory, and replace such personnel with employees satisfactory to the Aviation Authority; but in no event shall Aviation Authority be responsible for monitoring or assessing the suitability of any employee or agent of Contractor.

d. A valid Florida driver license (Commercial Driver License, if applicable) will be required of all personnel operating motor vehicles or motorized equipment on roadways in or around Orlando International Airport. Each of the Contractor's motor vehicles brought onto the Aviation Authority's premises shall have the Contractor's business name and/or logo prominently displayed on both front doors of such vehicle.

e. Contractor will abide by all State and Federal regulations on wages and hours of an employee dealing with the employment relationship between Contractor and its subsidiaries or related parties and its employees, including but not limited to the Florida Human Relations Act, the Federal National Labor Relations Act, the Federal Fair Labor Standards Act, the Federal Civil Rights Act of 1964, as amended, and the Americans with Disabilities Act.

24-205-RFP Vehicle and Equipment Maintenance Repair Services BASE REV 04/24/2024

f. Should the Contractor engage employees who are illiterate in English, it will be the Contractor's responsibility and obligation to train such employees to be able to identify and understand all signs and notices in and/or around the areas that relate to them or the services being performed by them pursuant to this Contract. In addition, the Contractor will have someone in attendance at all times who can communicate instructions to said employee.

g. The Contractor shall maintain a drug-free workplace in accordance with the Florida Drug-free Workplace Act. No employee shall be hired by a Contractor for work on Aviation Authority's premises prior to such employee having tested negative for drugs. In addition, existing employees of the Contractor must be subject to drug testing by the Contractor upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by the Contractor. Copies shall be provided to the Aviation Authority, if requested.

h. While working on airport property all Contractor's employees shall wear neat-appearing uniforms with the company name and/or logo and footwear of a style that complies with all legal and safety requirements, including and without limitation, the requirements of OSHA.

3.7 Airport Security

The successful Respondent will be required to comply with all applicable regulations of the TSA and of the Aviation Authority relating to Airport security, including those relating to access to the AOA of Orlando International Airport, as such regulations may be in effect or changed from time to time.

3.8 Airport Operations Area

a. The Contractor's personnel and vehicles shall not be allowed within the Airport Operations Area (AOA), which includes the ramp area and aprons, unless authorized by the Vice President. Contractor's personnel are required to successfully complete SIDA Training and demonstrate proficiency in all Airport Operations Instructions (AOl's) regarding secured access to airfield and aircraft ramp and apron areas. No escorts of any type will be provided.

b. Airport Security: Contractor's services shall be performed in accordance with the Transportation Security Administration (TSA), Federal Aviation Administration (FAA), and any other governmental agency security directives, rules, and regulations. The FAA and the TSA may assess fines and penalties for Contractor's noncompliance with the provisions of Title 49 Code of Federal Regulations (CFR), Parts 1540 and 1542, as amended from time to time, or by other agencies for noncompliance with laws or regulations applicable to…