24-280-RFP_Low_Voltage_Wiring_and_Installation_Services_(On-Call)_(Addendum_#2_Revision).pdf

INVITATION FOR BIDS (IFB)

24-280-RFP

24-280-RFP LOW VOLTAGE WIRING AND INSTALLATION SERVICES (ON-CALL)

SOLICITATION documents are available from the Greater Orlando Aviation Authority’s

Purchasing and Procurement Department e-Procurement Platform:

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

RESPONSE SUBMISSION DUE DATE

Sealed Electronic offers will be accepted up to 11:00 AM (local time), Tuesday, April

9, 2024, via the electronic procurement portal referenced above.

24-280-RFP 24-280-RFP LOW VOLTAGE WIRING AND INSTALLATION SERVICES (ON-CALL)

BASE REV 9/1/2023

Americans With Disabilities Act

GOAA 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 Aviation

Authority’s ADA Coordinator at 407-825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

TABLE OF CONTENTS

I. AMERICANS WITH DISABILITIES ACT

II. General Information

III. Special Conditions IV. Scope of Work V. Evaluation Criteria

VI. Pricing Table VII. Vendor Submissions

VIII. Standard Terms & Conditions IX. Contract X. Performance Bond

XI. Irrevocable Stand-By Letter of Credit

1. AMERICANS WITH DISABILITIES ACT

The 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 ADA

Coordinator at 407-825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

2. General Information

2.1. Solicitation Information

A. Sealed electronic responses will be received for this Solicitation through the Greater Orlando

Aviation Authority e-Procurement Platform located at https://procurement.opengov.com/portal/goaa. By way of the Platform, 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 Platform shall be rejected as non-responsive regardless of where received.

C. The Aviation Authority shall not be responsible for delays caused by any occurrence. This shall include any delay as a result of a technology issue. Any late response shall not be accepted.

D. The time/date stamp clock located in the electronic submittal Platform 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.

2.2. Submitting Questions and Receiving Responses

Respondents shall submit all inquiries regarding this Solicitation via the e-Procurement

Platform, 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. If a Virtual and/or Pre-Solicitation Conference is held, the location, date, and time is located on the e-Procurement Platform. The purpose of any Pre-Solicitation

Conference is to review and discuss the solicitation (and any addenda) as published. Attendance is not mandatory but is highly encouraged. Respondents are expected to be familiar with the Solicitation Documents.

B. Questions will be answered through the e-Procurement Platform.

C. If the Procurement 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 Platform

D. 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 GOAA’s e-Procurement Platform Section 5, Vendor Submissions.

E. 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.

2.3. 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 Platform, https://procurement.opengov.com/portal/goaa. A copy of the Administration

Policies (Sections 180.01 and 180.03) are 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

Proposer 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.

2.4. Exceptions to Terms and Conditions within the Solicitation

A. 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. Note that the

Aviation Authority will not make changes to the Indemnification and Termination

Clauses.

B. 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 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.

2.5. 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.

2.6. 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.

2.7. 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.

3. Special Conditions

3.1. Selection Process

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

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 in the eProcurement Platform Section 5.; and supported by the Respondent’s provided required information per Section 5. Vendor Submissions in GOAA’s e-

Procurement Platform.

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 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.

H. Following the Aviation Authority Board approval of the Committee ranking, the

Aviation Authority may approve a Contract or enter into negotiations with the top-ranked Respondent, in order to consummate a contract on terms that are fair, competitive and reasonable. Should the Aviation Authority be unable to negotiate a satisfactory contract with the top-ranked Respondent, negotiations with that

Respondent shall be terminated. The Aviation Authority may undertake negotiations with the second-ranked Respondent, and if necessary, additional

Respondents in accordance with the order of ranking.

I. Upon successful completion of contract negotiations with a Respondent, 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.

J. The Aviation Authority reserves the right to waive any informality in the Solicitation, to reject any and all Solicitation, and to re-advertise or elect not to proceed with the services for any reason.

K. 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. The meetings of the Committee and Aviation Authority Board are public meetings.

3.2. 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 Dollars ($100,000).

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 Dollars ($1,00,000), 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.

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 Contract.

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).

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 3.6.

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 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.

3.3. Price Escalation/De-Escalation (CPI)

1. 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.

2. 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.

3. 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%

4. 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

Procurement Department.

http://www.bls.gov/

5. 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 5% unless there are circumstances demonstrating that an increase beyond this amount is required and this is approved by the Aviation Authority.

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

7. 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 Procurement Department of price decreases in the method outlined above.

8. 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.

3.4. Small Business Program

All Respondents are hereby notified that for non-federal and non-State of Florida funded projects they must comply with: (1) the Minority and Women Business Enterprise (MWBE)

Program requirement as defined in the Aviation Authority’s MWBE Policy; and, (2) the Local

Developing Business/Veteran Business Enterprise (LDB/VBE) Program requirement as defined in the Aviation Authority’s LDB/VBE Policy. The Policies and certified MWBE, LDB, and VBE

Directories are available on the Aviation Authority’s website at:

http://www.orlandoairports.net/small_business

The Aviation Authority will establish MWBE/LDB/VBE Participation Goals for each negotiated project or work order as requested.

The Proposer shall submit a written action plan that demonstrates the Proposer’s understanding of the MWBE/LDB/VBE Participation Programs, and how the Proposer plans to achieve the

Participation Goals.

http://www.orlandoairports.net/small_business

Questions concerning the MWBE/LDB/VBE/DBE Programs can be addressed to the Aviation

Authority's Office of Small Business Development, Attn. Ms. Iranetta Dennis, Vice President, Greater Orlando Aviation Authority, Orlando International Airport, 5850-B Cargo Road, Orlando, FL 32827; Phone: (407) 825-7130, email: iranetta.dennis@goaa.org. Proposers shall be solely responsible for confirming MWBE/LDB/VBE/DBE subconsultants' experience, capacity, certification, and any other information related to the Services.

3.5. Insurance Requirements

The Respondent’s submittal shall demonstrate ability to meet all portions listed in this Section by providing evidence of one of the following: Certificate of

Insurance on Acord form or form acceptable to Aviation Authority, signed affirmation of ability to comply from a licensed insurance agent, or insurance quote.

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 less than One Million

Dollars ($1,000,000) combined single limit per accident, for AOA access;

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.

B. Workers’ Compensation and Employer’s Liability.

1. 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 mailto:iranetta.dennis@goaa.org 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. 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 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 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. Regulations

A. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the work specified herein.

B. Contractor shall comply with all health and sanitary regulations adopted by all applicable governing bodies. Contractor shall give access for inspection purposes to any duly authorized representative of such governing bodies.

C. The Contractor shall obtain all permits, licenses and certificates, or any such approvals of plans or specifications as may be required by Federal, State and local laws, ordinances, rules and regulations, for the proper execution of the work specified herein.

D. Contractor shall comply with Federal and State right-to-know laws if hazardous materials are used. The SDS (Safety Data Sheets) shall be made available to all workers and Aviation Authority's Authorized representatives. Contractor shall report immediately to the AAR any spillage or dumping of hazardous materials on

Aviation Authority property. The Contractor shall also be responsible for the cleanup and any costs incurred for all such incidents.

E. During the performance of this Contract, Contractor shall keep current and, if requested by the Aviation Authority, provide copies of any and all licenses, registrations or permits required by applicable governing agencies. Contractor shall keep a copy of any and all licenses, registrations and permits on the job site while performing the Contract work.

3.7. Use of Premises

During the progress of the work specified herein, the Contractor shall keep the premises free from accumulation of waste materials and other debris resulting from the work. At the completion of the work, the Contractor shall remove all waste materials and debris from and about the premises, as well as tools, equipment, machinery and surplus material, and leave the site clean and ready for occupancy by the Aviation Authority.

3.8. Safety and Protection

The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The

Contractor shall take all necessary precautions for safety of and shall provide the necessary protection to prevent injury to, all employees on the work site and other persons including but not limited to, the general public who may be affected thereby.

3.9. 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.

F. All Contractor and any Subcontractor employees who perform services pursuant to this Contract shall be able to read, write, speak and understand the English language.

G. Contractor shall maintain a drug-free workplace within the meaning of 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.

3.10. 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.

3.11. 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

Contractor's operations. Within ten (10) days of notification in writing, Contractor shall reimburse the City for any paid fines or penalties assessed against the City because of Contractor's noncompliance with 49 CFR 1540 and 1542 or other applicable laws or regulations.

C. The Contractor acknowledges that fines or penalties associated with non-compliance with security regulations must be reimbursed to MCO.

3.12. Verification of Employment Status

A. Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the

Contract term, and an express requirement that Contractors include in such subcontracts the requirement that Subcontractors performing work or providing services pursuant to the Aviation Authority. Contractors will utilize the E-Verify system to verify the employment eligibility of all new employees hired by the

Subcontractor during the Contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at:

http://www.uscis.gov/portal/site/uscis.

B. Only those employees determined eligible to work within the United States shall be employed under this Contract.

C. By submission of a Response to this Solicitation, the Contractor affirms that all employees in the above categories shall undergo e-verification before placement on this Contract. The Contractor shall commit to comply with this requirement.

3.13. Identification and Access Requirements

A. Contractor is required to conduct an employee background check, or require its

Subcontractors to perform an employee background check, in accordance with the requirements herein on each person proposed for employment at Orlando

International Airport in connection with this Contract, if such person is an employee of Contractor or an employee of a Subcontractor for whom Contractor is required to sign the Aviation Authority’s badge application (“Contractor

Responsible Employees”). Such background check must be successfully completed prior to such person applying for an access control identification badge with the Aviation Authority. Each background check shall be performed to the following minimum requirements:

B. Each employee must provide a ten (10) year work history.

C. Contractor must confirm the last five (5) years of each employee's work history.

Any gaps in employment of thirty (30) days or more during such five year period must be explained in writing by the employee and must be confirmed by

Contractor through W-2s, student transcripts, medical records, or written references of stay-at-home situations from credible local persons such as pastors or priests (which reference must indicate personal knowledge of employee's general work history during the gap period).

D. Contractor must check each employee's criminal history for the immediately preceding five years, with such check to be conducted in each county where the employee has lived or worked in such five year period.

E. Contractor shall not present any Contractor Responsible Employee to the

Aviation Authority's Access Control Office for badging if such person has any unexplained gaps in their work history, has a criminal record that would disqualify http://www.uscis.gov/portal/site/uscis them from receiving an access control badge or has an unacceptable termination record.

F. The Aviation Authority will issue, for a non-reimbursable fee, as stated below to all Contractor Responsible Employees an identification badge that will display their picture, name, and other applicable information; and any key(s) required in the performance of the Contract, provided that such person meets the minimum criteria established to receive a badge. At all times while on airport property, the

Contractor Responsible Employees are required to display such badges prominently on their uniforms in accordance with Aviation Authority’s guidelines.

Every new employee requiring unescorted access to a secure area of the airport must be electronically processed by the Aviation Authority’s Access Control

Office for a Criminal History Records Check and Security Threat Assessment before an identification badge is issued. In addition to this records check, the employee will be required to attend security training class (approximately 1 hour), and in the case of operating a vehicle on the Airport Operating Area (AOA) the employee will also be required to attend a driving safety class (approximately 1 hour); both training classes are provided by the Aviation Authority. The

Contractor shall maintain, and shall require its Subcontractors to maintain, a permanent record in its files of the background information, including drug screening tests, on all current and former employees who are utilized in the performance of this Contract and, when requested, shall provide such information to Aviation Authority, TSA, or such other entity as deemed appropriate by the Aviation Authority. The Contractor further agrees to perform, or require its Subcontractors to perform, such additional employee background checks, fingerprinting, or other identification measures as may be required by any future security rules or applicable federal regulations.

G. Fees Associated with Identification Badges and Keys

Fees will be collected pursuant to the price schedule in effect at the time a badge or keys are issued.

Note: No personal checks or credit card payments are accepted.

Companies will be assessed a $1,000.00 fee for each non-returned identification badge and $500.00 for each non-returned key. Fees may be increased by the Aviation Authority at any time during the term of this

Contract, upon thirty (30) days’ notice.”

H. Contractor must maintain all information described above for a period of four (4) years following expiration of this Contract. Such information is subject to audit by the Aviation Authority and must be sufficient in scope and detail to permit verification of compliance by Aviation Authority audit. Actual damages to the

Aviation Authority resulting from a breach by Contractor of its obligations hereunder will be difficult or impossible to determine. As a result, Aviation

Authority shall be entitled to recover liquidated damages of $250.00 for every

Contractor Responsible Employee presented to the Aviation Authority for access control badging (a) for whom the above background check has not been completely and accurately performed, or (b) who should not have been presented per the above guidelines. The amount payable hereunder by

Contractor is not a penalty, is in addition to any access control badging application fee paid by the employee and is payable whether or not such employee is issued an access control badge by the Aviation Authority.

I. Contractor must co-sign with the Subcontractor all badge applications for any employee of a temporary employment agency engaged as a Subcontractor to provide personnel to Contractor on this Contract. All employees provided by temporary employment agencies for this Contract shall be Contractor

Responsible Employees. Before submitting a badge application for an employee provided on this Contract by a temporary employment agency, Contractor or the temporary employment agency must submit to the Aviation Authority’s

Authorized Representative (AAR) for prior approval of such employee, a Contract between the temporary employment agency and such employee reflecting an intended assignment of such employee to the Contract for the remaining duration of the Contract or the duration of the Contractor’s need for such position.

J. Customs and Border Patrol Badge

Customs and Border Protection Seal is not currently a requirement for this

Contact, however; it may be a future request by the AAR.

1. The U.S. Customs and Border Protection required badge for the purposes of performing duties under the Contract is a hologram badge. The Contractor will comply with all U.S. Customs Service requirements in order to obtain and maintain a hologram to be affixed on the Aviation Authority badge. Currently a bond must be posted with U.S. Customs and Border Protection before any holograms are issued. Contractor should verify bond cost with U.S. Customs and Border Protection. The bond amount could change if the Contractor commits U.S. Customs and Border Protection violations or if the U.S.

Customs and Border Protection changes its rules or procedures.

2. Post a continuous CF 301 Bond (Type 1 or 2) or an Airport Security Bond.

The bond is obtained from an authorized surety company as referenced in

19CFR113.37. The face…