24-325-RFP_Parking_Guidance_System.pdf

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REQUEST FOR PROPOSALS (RFP)

24-325-RFP

PARKING GUIDANCE SYSTEM

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: Parking Guidance System.

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

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Sec�on 1 General Informa�on 3

Sec�on 2 Special Condi�ons and Minimum Requirements 10

Sec�on 3 Avia�on Authority Standard Terms and Condi�ons 23

Sec�on 4 Parking Guidance System Func�onal Specifica�ons 31

Sec�on 5 Evalua�on Criteria, Scoring and Selec�on Process 84

Sec�on 6 Contract Instruc�ons and Opera�ons and

Maintenance Contract Form 88

Sec�on 7 Response Format and Submission Requirements 91

Atachments Exhibit A MCO PGS Price Proposal Form Exhibit B MCO PGS Technical Submital Form Exhibit C Design Build Contract Form Exhibit D Response Guaranty Form

Atachment 1 MCO Parking Facili�es CAD Drawings Atachment 2 MCO PGS Roadway & Garage Entry Plaza Sign Loca�ons Atachment 3 MCO Garage Sign Loca�ons Atachment 4 GOAA Division 26 Specifica�ons Atachment 5 GOAA Division 27 Specifica�ons Atachment 6 GOAA Architectural and Engineering Standards Atachment 7 GOAA Telecommunica�ons Infrastructure Administra�on Standards (TIAS) v1.01 Atachment 8 MCO Garage Power Access Loca�ons Atachment 9 MCO Garage Communica�on Access Loca�ons

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GENERAL INFORMATION

1.1 Solicita�on Informa�on

a) Sealed electronic responses will be received for this Solicita�on through the Greater Orlando Avia�on Authority e-Procurement Pla�orm located at htps://procurement.opengov.com/portal/goaa. Once you have completed the free account registra�on, browse back to this page, click on "Dra� Response", and follow the instruc�ons to submit the electronic response. By way of the Pla�orm, responses will be locked and digitally encrypted un�l the submission deadline passes.

b) The term Proposer and Respondent is used interchangeably throughout this RFP. Submission by a Respondent cons�tutes an agreement that the Response is deemed signed by the Respondent and cons�tutes a binding offer for the Respondent to perform as offered.

c) Responses submited by hard copy, e-mail, telephone, or fax shall not be accepted. Responses submited outside of the designated electronic submission Pla�orm shall be rejected as non-responsive regardless of where received.

d) The Avia�on 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.

e) The �me/date stamp clock located in the electronic submital Pla�orm shall serve as the official authority to determine lateness of any response.

f) Respondents shall not be allowed to modify their responses a�er the opening �me and date.

Responses may be examined thirty (30) days a�er the Solicita�on opening or upon recommenda�on for award, whichever occurs first.

1.2 Tenta�ve Schedule

Release Date: August 18, 2024 Mandatory Pre-Solicita�on Mee�ng: August 28, 2024 Deadline for Submission of Ques�ons: September 9, 2024 Release of Addendum: September 13, 2024 Response due date: September 30, 2024 Procurement Commitee*: November 5, 2024 Interviews by Procurement Commitee*: November 12, 2024 Recommenda�on to the Avia�on Authority Board*: December 11, 2024

*Sunshine Mee�ng Schedules are posted weekly on the Avia�on Authority website. The public and par�cipa�ng respondents are encouraged to atend.

1.3 Submi�ng Ques�ons and Receiving Responses

Respondents shall submit all inquiries regarding this Solicita�on via the e-Procurement Pla�orm, located at htps://procurement.opengov.com/portal/goaa. Please note the deadline for submi�ng inquiries. All answers to inquiries will be posted on the Avia�on Authority e-Procurement Pla�orm. Respondents may also click “Follow” on this Solicita�on to receive an email no�fica�on 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-Solicita�on Conference is held, the loca�on, date, and �me is located on the e- Procurement Pla�orm. The purpose of any Pre-Solicita�on Conference is to review and discuss the solicita�on (and any addenda) as published. Atendance is mandatory. Respondents are expected to be familiar with the Solicita�on Documents.

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b) If the Procurement Department determines that it is necessary to change the dates or �mes prior to the due date, the change will be announced and posted on the e-Procurement Pla�orm.

c) All prospec�ve Respondents shall thoroughly examine and become familiar with the Solicita�on package and carefully note the items which must be submited with the Solicita�on as detailed in Sec�on7: Response Format and Submission Requirements.

d) Submission of a Response shall cons�tute an acknowledgment that the Respondent has read and understands the Solicita�on Documents. The failure or neglect of a Respondent to receive or examine any Solicita�on Document shall in no way relieve it from any obliga�ons under its Response or the Contract. No claim for addi�onal compensa�on will be allowed which is based upon a lack of knowledge or understanding of any of the Contract Documents or the scope of work.

e) Unless otherwise noted, Respondents shall submit one Response only.

1.4 Design Criteria Package

This RFP cons�tutes the Design Criteria Package as it describes the Work to be performed under the Contracts and includes the performance specifica�ons and atachments, the Owner’s Standards and Design Guidelines, the quan�ty and quality requirements of the Work, and descrip�ons of the loca�on of the Work.

1.5 Examina�on of RFP Documents And Site

Each Respondent is required to carefully examine the site of the Work, the RFP Documents, and exis�ng Avia�on Authority records rela�ng to the Work, as available. By submi�ng a Response, the Respondent represents to the Avia�on Authority that if its Response is accepted, it will execute a contract that is inclusive of compensa�on for performing adequate inves�ga�ons of the exis�ng site condi�ons, the RFP, and the exis�ng records to sufficiently support the design developed by the Respondent. Any informa�on that has been provided by the Avia�on Authority is to assist the Respondent in comple�ng adequate inves�ga�ons. In addi�on, by submi�ng a Response, the Respondent cer�fies that it has inves�gated and is fully informed of the condi�ons to be encountered, of the character, quality and quan��es of Work to be performed and materials to be furnished and has included in its Response all items necessary for the proper execu�on and comple�on of the Work.

Each Respondent must inform itself fully of the design, construc�on and labor condi�ons under which the Work is to be performed. The selected Contractor shall not be relieved of its obliga�on to furnish all material, equipment, labor, and services necessary to carry out the provisions of the Response and to complete the contemplated Work for the considera�on set forth in its Response by reason of having failed to inform itself with respect to those maters.

1.6 Time of Comple�on for the Design Build Contract

a) The �me of comple�on is of the essence of the Contract and each Respondent, if delivered an executed Contract, shall proceed with the Work in accordance with the approved schedule and within the Contract �me period specified in the Contract Documents. In the event of failure to complete the Work within the �me specified, the Owner may assess damages as provided by law or the Contract Documents, unless an appropriate extension of �me has been approved in a Contract Modifica�on.

b) The �me of comple�on for the Work is the dura�on proposed in the Contractor’s technical proposal, and will commence from the issuance of the No�ce to Proceed.

c) Final Comple�on shall be achieved within 90 calendar days from the date of Substan�al Comple�on.

d) LIQUIDATED DAMAGES. It is agreed that if Substan�al Comple�on or Final Comple�on as defined in the Contract Documents is not achieved within the established �me frames, as adjusted by Contract

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Modifica�ons, if any, the Respondent and the Respondent’s surety shall be liable to the Owner for liquidated damages, and not as a penalty, for such delay, TWO THOUSAND and 00/100 Dollars ($2,000.00) per calendar day for each and every consecu�ve calendar day elapsing between the date fixed for Substan�al Comple�on of the Work and the date Substan�al Comple�on is actually achieved, and TWO THOUSAND and 00/100 Dollars ($2,000.00) per calendar day for each and every consecu�ve calendar day beyond the calendar days fixed for Final Comple�on of the Work and the date Final Comple�on is actually achieved. The Owner’s receipt of payment for such Liquidated Damages does not preclude the Owner from pursuing any other rights or remedies available to it under the Contract or Florida law. Furthermore, the Owner specifically reserves all claims and rights to indemnifica�on and recovery from Contractor for third-party claims, demands, expenses, and costs arising from or related to delays caused by the Contractor.

1.7 Computa�on of Time

Unless otherwise specified in the Contract Documents, the term “days” shall refer to calendar days. When any obliga�on or deadline is measured by the number of days and the deadline date falls on a legal holiday or weekend when the Owner’s office is closed, the obliga�on will be allowed to be completed on the next business day without penalty.

1.8 Communica�ons

a) Any official communica�on from a Respondent during the Solicita�on process should be submited to the Avia�on Authority via the e-Procurement Portal, htps://procurement.opengov.com/portal/goaa.

A copy of the Administra�on Policies (Sec�ons 180.01 and 180.03) are available on the Avia�on Authority’s website.

b) In accordance with the above-referenced policies, any communica�on directly or indirectly to seek to encourage any specific result in connec�on with an Avia�on Authority selec�ng process, including but not limited to, writen communica�ons, any and all forms of electronic communica�ons or messaging, including social media, oral communica�ons either in person or by telephone, ini�ated by a Respondent or through a lobbyist, agent or third person, to any Avia�on Authority staff and/or Commitee/Board member who is a member of any commitee cons�tuted for the purposes of ranking Solicita�ons, making recommenda�ons or making an award, is prohibited from the �me that the Solicita�on is released to the �me that the award is made.

1.9 Excep�ons to Terms and Condi�ons within the Solicita�on

a) If a Respondent desires any changes or modifica�ons to the terms and condi�ons set forth in the RFP, the Respondent should submit these changes or modifica�ons to the Avia�on Authority in wri�ng prior to the deadline for ques�ons and comments about the Solicita�on.

b) If any such requested changes or modifica�ons are acceptable to the Avia�on Authority, the Avia�on Authority will modify the terms and condi�ons by Addenda to this Solicita�on prior to the deadline for Response submission. In submi�ng any requested changes or modifica�ons, a Respondent should state the specific terms or condi�ons in the Avia�on Authority’s Response Document, which the Respondent wishes to change, and the desired language, terms or condi�ons. Respondents are requested to not subs�tute en�re agreements or sets of terms and condi�ons but discuss separately each term or condi�on that they take excep�on to or desire to change.

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

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1.10 No�ce of Intent to Award Contract

Unless all Responses are rejected by the Avia�on Authority, a No�ce of Intent to Award is an�cipated to be provided within one hundred twenty (120) days from the opening of Responses, to the responsible and responsive Respondent submi�ng the Response deemed to be most advantageous to the Avia�on Authority, all factors being considered. For all procurements, the Avia�on Authority reserves the right to reject any or all Responses and to cancel the procurement or to solicit new Responses. The No�ce of Intent to Award does not create a contractual rela�onship between the par�es. Rather, it triggers the Respondent's obliga�on to, within ten (10) business days of the date of No�ce of Intent to Award, execute and deliver to the Owner all of the required Contract Documents.

1.11 Public Mee�ngs/Public Records

Please be aware that all mee�ngs of the Avia�on Authority’s Board are duly no�ced public mee�ngs and all documents submited to the Avia�on Authority as a part of or in connec�on with a Solicita�on will cons�tute public records under Florida law regardless of any person’s claim that proprietary or trade secret informa�on is contained therein.

1.12 Code of Ethics and Business Conduct Policy

The Avia�on Authority has adopted a Code of Ethics and Business Conduct Policy (Sec�on 204.01) which addresses the obliga�on of the Avia�on Authority’s Board members and employees to follow the Florida Statutes in reference to these issues. This includes, but is not limited to, the obliga�ons of the Avia�on Authority’s Board members and employees with respect to having an interest in business en��es, outside employment, gratui�es, divulgence of informa�on, unauthorized compensa�on and acceptance of gi�s. Please be aware that any viola�on of this policy by a Respondent and/or any atempt to influence an Avia�on 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 Avia�on Authority for a period of �me that is determined by the Chief Execu�ve Officer. A copy of this policy is available upon request from the Chief Administra�ve Officer.

1.13 Intent to Award-Appeal

Any Respondent who is adversely affected by a decision or intended decision concerning this compe��ve solicita�on or contract award and who wants to appeal such specifica�ons, decision, or intended decision shall file an appeal within five (5) business days and in compliance with the Avia�on Authority’s Policy 110.04, Appeal Process. Failure to file an appeal in accordance with the Avia�on Authority’s Policy 110.04, shall cons�tute a waiver of the appeal process. The intent to award to a Respondent, if any, will be posted on the Avia�on Authority’s e-procurement pla�orm website for review by interested par�es, and will remain posted for a period of five business days: excluding weekends, federal holidays, and Avia�on Authority’s holidays. Failure to file an appeal in accordance with the above stated policy shall cons�tute a waiver of the appeal process.

1.14 Awards

As the best interest of the Avia�on Authority may reject any and all Responses or waive any minor irregularity or technicality in Responses received. Contractors are cau�oned to make no assump�ons unless their Response has been determined as mee�ng the Minimum Requirements and being responsive and responsible. All awards made as a result of this Response shall conform to applicable policies of the Avia�on Authority. The Avia�on Authority reserves the right to cancel an awarded Response upon due cause—i.e., Contractor misrepresenta�on, Contractor negligence, non-performance, etc. via writen no�ce.

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1.15 Addi�onal Terms & Condi�ons

The Avia�on Authority reserves the right to reject Responses containing any addi�onal terms or condi�ons not specifically requested in the original special condi�ons and/or the terms and condi�ons.

1.16 Lobbying Statement

All firms are hereby placed on no�ce the Avia�on Authority Board and staff shall not be contacted about this Solicita�on. Firms and their agents are hereby placed on no�ce that they are not to contact members of the Avia�on Authority staff and/or Commitee/Board member (with the excep�on of designated Procurement Agent). Public mee�ngs and public delibera�ons of the Selec�on Commitee are the only acceptable forum for the discussion of merits of products/services requested by the Solicita�on and writen correspondence concerning Responses may be submited to the Procurement Services Department. An appropriate official or employee of the Avia�on Authority may ini�ate communica�on with a Respondent in order to obtain informa�on or clarifica�on needed to develop a proper and accurate evalua�on of the Solicita�on. Any official communica�on from a Respondent during the Solicita�on process should be submited in wri�ng to The Avia�on Authority Annex Building, Procurement Services Department, 5855 Cargo Road, Orlando, FL 32827- 4399, or via the e-Procurement Pla�orm as directed during the Solicita�on process. A copy of the Administra�on Policies (Sec�ons 180.01 and 180.03) are available upon request from the Chief Administra�ve Officer. Failure to adhere to these requirements could result in Board ac�on to disqualify your firm from considera�on of award.

Respondents to this solicita�on or persons ac�ng on their behalf may not contact, between the release of the solicita�on and the end of the 72-hour period following the agency pos�ng the no�ce of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the execu�ve or legisla�ve branch concerning any aspect of this solicita�on, except in wri�ng to the procurement officer or as provided in the solicita�on documents. Viola�on of this provision may be grounds for rejec�ng a response. (F.S. 287.057 (23)).

1.17 EEO Statement

Contractors must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, na�onal origin, or handicapped status. Minority and female-owned businesses are encouraged to par�cipate. The Avia�on Authority is an equal opportunity employer.

1.18 Federal Fair Labor Standards Act

All Contracts and subcontracts that result from this Contract incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, over�me pay, recordkeeping, and child labor standards for full and part �me workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regula�on.

The Consultant must address any claims or disputes that arise from this requirement directly with the U.S.

Department of Labor – Wage and Hour Division.

1.19 Occupa�onal Safety And Health Act of 1970

All Contracts and Sub-Contracts that result from this Contract incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor (also known as Consultant) must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their Subcontractor’s compliance with the applicable requirements of the Occupa�onal Safety and Health Act of 1970 (20 CFR Part 1910). Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupa�onal Safety and Health Administra�on.

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1.20 Discounts

All discounts, EXCEPT THOSE FOR PROMPT PAYMENT, shall be considered in determining the lowest net cost for Response evalua�on purposes.

1.21 Pricing

a) Firm prices shall be proposed and include FOB DESTINATION, for all packing, handling, shipping charges, fuel surcharges and delivery, unless otherwise indicated, to any point within the Avia�on Authority to a secure area or inside delivery. All prices, costs, and condi�ons shall remain firm and valid for 120 days from the date of opening. The obliga�ons of Avia�on Authority under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and/or the Avia�on Authority Board. All charges and fees must be disclosed in the Pricing Table.

Pricing submited in any other format will not be accepted.

b) Unless otherwise stated, all unit prices proposed for goods shall be for materials/items/parts/equipment that are new, unused, or a current year and model, and are fully supported by the manufacturer’s warranty to the ini�al purchaser, as applicable.

1.22 Incurred Cost

The Avia�on Authority is not liable for any cost incurred by any Contractor prior to an award. Costs for developing a response to this request for Response are en�rely the obliga�on of the Contractor and shall not be chargeable in any manner to the Avia�on Authority.

1.23 Errors

In the event of extension error(s), the unit price will prevail. In the event of addi�on error(s), the extended totals will prevail. In either case, the Contractor’s total offer will be adjusted accordingly.

1.24 Taxes

The Avia�on Authority is exempt from Federal excise taxes and all sales taxes.

1.25 Silence of Specifica�ons

The apparent silence of the specifica�ons and any supplemental specifica�ons as to any details or the omission from same of any detailed descrip�on concerning any point, shall be regarded as meaning that only the best commercial prac�ces are to prevail and only materials of first quality be provided.

1.26 Conflict of Interest

The award hereunder is subject to provisions of State of Florida Statutes. All Contractors must disclose with their response the name of any officer, director, or agent who is also an employee of the Avia�on Authority.

Further, all Contractors must disclose the name of any Avia�on Authority employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Contractor’s firm or any of its branches, and disclose whether it or its proposed team members have participated in the preparation of this solicitation or design criteria documents

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1.27 Drug-Free Workplace

Whenever two or more Responses, which are equal with respect to price, quality, and service, are received by the Avia�on Authority for the procurement of commodi�es or Contractual services, a Response received from a business that has implemented a drug-free workplace program per 287.087, Fla. Stat. shall be given preference in the award process.

1.28 Discriminatory Vendor List

An en�ty or affiliate placed on the Discriminatory Vendor List shall not submit a Response for a Contract to provide goods or services to a public en�ty, shall not submit a Response on a Contract with a public en�ty for the construc�on or repair of a public building or perform any public work, shall not submit Responses for leases of real property to a public en�ty, shall not award or perform work as a Contractor, supplier, Subcontractor, or consultant under any Contract with any public en�ty, and shall not transact business with any public en�ty per 287.134(3)(d), Fla. Stat.

1.29 Public En�ty Crimes

All Contractor are hereby placed on no�ce that a person or affiliate who has been placed on the convicted vendor list following a convic�on for a public en�ty crime may not submit a Response on a Contract to provide any goods or services to a public en�ty, may not submit a Response on a Contract with a public en�ty for the construc�on repair of a public building or public work, may not submit Responses on leases of real property to a public en�ty, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a Contract with a public en�ty, and may not transact business with any public en�ty in excess of the threshold amount provided in 287.017 Fla. Stat. for CATEGORY TWO (currently $35,000) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

htps://www.dms.myflorida.com/business_opera�ons/state_purchasing/state_agency_resources/vendor_re gistra�on_and_vendor_lists/convicted_vendor_list

1.30 Scru�nized Companies

Awarded Contractor shall cer�fy that it and its Subcontractors are not on the Scru�nized Companies that Boycot Israel List. Pursuant to Sec�on 287.135, F.S. If the Agreement is for more than $1,000,000 the Contractor further cer�fies that it and its Subcontractors are also not on the Scru�nized Companies with Ac�vi�es in Sudan, Scru�nized Companies with Ac�vi�es in the Iran Petroleum Energy Sector List, or engaged with business opera�ons in Cuba or Syria as iden�fied in Sec�on 287.135, F.S. For Contracts of any amount, if the Avia�on Authority determines the Contractor submited a false cer�fica�on under Sec�on 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scru�nized Companies that Boycot Israel List, or is engaged in a boycot of Israel, the Avia�on Authority shall either terminate the Contract a�er it has given the Contractor no�ce and an opportunity to demonstrate the Avia�on Authority’s determina�on of false cer�fica�on was in error pursuant to Sec�on 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Avia�on Authority may choose to maintain the Contract if the condi�ons of Sec�on 287.135(4) of the Florida Statutes are met. For Contracts $1,000,000 and greater, if the Avia�on Authority determines the Contractor submited a false cer�fica�on under Sec�on 287.135(5) of the Florida Statutes, or if the Contractor has been placed on the Scru�nized Companies with Ac�vi�es in the Sudan List, or the Scru�nized Companies with Ac�vi�es in the Iran Petroleum Energy Sector List, the Avia�on Authority shall either terminate the Contract a�er it has given the Contractor no�ce and an opportunity to demonstrate the Avia�on Authority’s

24-325-RFP Parking Guidance System Page 10 of 108 determina�on of false cer�fica�on was in error pursuant to Sec�on 287.135(5)(a) of the Florida Statutes, or on a case-by-case basis the Avia�on Authority may choose to maintain the Contract if the condi�ons of Sec�on 287.135(4) of the Florida Statutes are met. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsec�on 287.135(8), F.S., if federal law ceases to authorize these Contrac�ng prohibi�ons, this sec�on shall become inopera�ve and unenforceable.

The remainder of this page is inten�onally blank.

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2.0 Special Condi�ons and Minimum Requirements

2.1 Respondents must meet the following minimum requirements to be considered for the award of the contract. Each Respondent shall include In the Response, prior to Tab 1, a cover leter on company leterhead, acknowledging that it meets the following Minimum Requirements:

a) The Respondent shall be registered/qualified to do business in the State of Florida. Atach to the cover leter a copy of such registra�on/qualifica�on to the Avia�on Authority with the Response submission.

b) The manufacturer of the parking guidance system (PGS) must have designed, furnished and managed, within the last five (5) years, three (3) Parking Guidance System project locations that are similar in scope and size with multiple parking facilities per location. The Aviation Authority will evaluate the information submitted in Tab 3 to determine compliance.

c) The proposed PGS Manufacturer’s Project Manager must have experience managing the installa�on of at least one similar project with mul�ple parking facili�es within the last five (5) years. The experience will be evaluated by review of the references provided in Tab 3 of the Response.

d) The IP ra�ng for the vehicle detec�on unit, including the camera and light indicator, must have a ra�ng of IP65 or higher, confirm that the proposed technology fulfills this requirement. The Avia�on Authority will evaluate the informa�on submited in the Technical Submital Form, Exhibit B to determine compliance.

e) The manufacturer of the PGS must provide evidence of financial soundness/viability as an ongoing business concern, along with proof of having been in con�nuous opera�ons for the previous five (5) years. The Avia�on Authority will evaluate the submited financial statements and informa�on submited to determine compliance.

f) The Respondent must be either a Florida General Contractor or a Florida Electrical Contractor. The proposed team must include an ELECTRICAL Contractor that is licensed in accordance with the appropriate State of Florida Statutes at the �me of the Response. The Avia�on Authority will evaluate the informa�on submited in Tab 3 to determine compliance.

g) The Response must demonstrate compliance with the Minority and Women Business Enterprise

(MWBE) participation requirements. The MWBE Participation Goal for the Design Build Contract is established at 10%. The Aviation Authority will evaluate the information submitted in Tab 6 to determine compliance.

h) In determining whether the minimum requirements have been fulfilled, the Aviation Authority may consider any information contained the Response or obtained from any source, in addition to the specifically referenced tabs and forms.

2.2 Required Response Forms, W-9, Proof of Insurance and Bondability.

a) Response Forms (Forms 1 through 5) shall be completed and signed by the Respondent’s duly authorized representa�ve and must be included in the Response Failure to return the Forms with the Response may cause the Respondent to be deemed non-responsive.

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b) Respondent’s W-9 and Design Build Contractor’s W-9

c) Proof of Design Build Contractor’s Insurance

d) Proof of Bondability of Design Build Contractor

e) The PGS Manufacturer must acknowledge that it is willing to sign the Opera�on and Maintenance

Contract set forth in Sec�on 6 of this Solicita�on, as amended, within the �me set forth in the Design Build Contract. The Avia�on Authority’s goal is that the terms and condi�ons stated in the Solicita�on Documents will cons�tute the terms of the Contract between the Avia�on Authority and the successful PGS Manufacturer, without significant or material change to such terms or condi�ons.

2.3 Reserva�on of Rights

a) As the best interest of the Avia�on Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combina�on thereof; to reject any and all responses or waive any minor irregularity or technicality in responses received. respondents are cau�oned to make no assump�ons unless their Response has been determined as mee�ng the Minimum Requirements and being responsive and responsible. All awards made as a result of this solicita�on shall conform to applicable policies of the Avia�on Authority.

b) No commitment is made or inferred by the Avia�on Authority that any or all of the items listed, in any quan�ty, will be purchased as a result of this solicita�on. The Avia�on Authority may purchase the items listed on an “as needed” basis, in any quan�ty deemed necessary, at the unit prices provided in the successful Respondent’s response.

c) The Avia�on Authority reserves the right to waive any informality in the Solicita�on, to reject any and all Solicita�ons, and to re-adver�se or elect not to proceed with the services for any reason.

d) The Avia�on Authority reserves the right at its sole discre�on to increase, decrease, or delete any por�on of the Scope of this Contract at any �me without cause.

e) The Avia�on Authority shall have the right, but not the obliga�on, to award all or any por�on 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 Avia�on Authority. The Avia�on 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.

f) The Avia�on Authority reserves its right to award any or all of the adver�sed services subject to the availability of funding.

2.4 Surety Bonds

a) Respondents are hereby informed that as a public en�ty, the Owner’s property is not subject to the

Construc�on Lien Law of Chapter 713, Florida Statutes.

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b) A Performance Bond and a Payment Bond sa�sfactory to the Owner and in the form atached hereto, each in an ini�al amount of not less than the Total Design Build Contract Price, will be required for, among other, the following purposes: a) to guarantee faithful performance of the requirements of the Contract Documents, including all applicable warran�es; b) to guarantee the payment of all labor, materials, or supplies used directly or indirectly in the prosecu�on of the Work provided for in the Contract; and C) to comply fully with the requirements of Florida law.

c) A Response Guaranty (bid/proposal bond) sa�sfactory to the Owner and in the form atached hereto, in an amount of not less than ten percent (10%) of the Total Design Build Contract price is required.

d) The Avia�on Authority will not accept any change or modifica�on to the forms of Performance Bond atached to these Solicita�on Documents.

e) Failure to �mely submit an acceptable Performance Bond or Payment Bond prior to commencement of the Design Build Contract in addi�on to all other rights available to the Avia�on Authority under law, shall give the Avia�on Authority the right to withdraw the No�ce of Intent to Award, without the need for providing the Contractor advance no�ce or the opportunity to cure. Contractor acknowledges responsibility for any damages or costs incurred by the Avia�on Authority due to its failure to comply with this Sec�on.

f) Surety Bonds delivered to the Avia�on Authority in sa�sfac�on of any requirement under this Contract must meet the following criteria:

i) A Response Guaranty Bond provided to the Avia�on Authority in connec�on with this Solicita�on shall be duly issued by an insurer or corporate surety (a) on a bond form provided by Avia�on Authority, Exhibit D, or on a form substan�ally the same as Avia�on Authority's form; b) obliga�ng the surety for at least one hundred twenty (120) days following the date on which the response price forms are publicly opened; and (c) by an insurer or corporate surety that is authorized to conduct insurance business in the State of Florida.

ii) Performance and Payment Bonds provided to the Aviation Authority in connection with the Contracts shall be duly issued by an insurer or corporate surety which:

2) Is authorized to conduct insurance business in the State of Florida;

3) Holds a currently valid cer�ficate of authority by the U.S. Department of Treasury pursuant to

31 U.S.C. ss 9304-9308; and

4) Has no less than a "B+" Financial Ra�ng and a Financial Size Category of "Class VI" or higher according to the most current edi�on of AM Best Ra�ng Services.

5) Notwithstanding the provisions of (3) above, an insurer or corporate surety which is not rated by AM Best Ra�ng Services may be accepted by Avia�on Authority, but only if approved by Avia�on Authority's Risk Manager and Department Vice President following a review or inves�ga�on of the insurance company's financial and performance standing, including without limita�on, its capital adequacy, assets, earnings, of the insurance company’s financial and performance standing, including without limita�on, its capital adequacy, assets, earnings, liquidity and such other factors as the Avia�on Authority's Risk Manager may deem appropriate.

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g) A Performance Bond will also be required for the Opera�ons and Maintenance Contract and shall be submited in the amount and on the form required by the Avia�on Authority with the execu�on of that contract.

2.5 Power Of Atorney and Countersignature

Atorneys in fact who sign Response Bonds, Performance Bonds, or Payment Bonds must file with such Bonds a cer�fied copy of their power of atorney to sign the bonds. All bonds must be countersigned by an agent appointed by the Surety and licensed by the State of Florida, with proof of agency atached.

2.6 Insurance Requirements

If awarded a contract and prior to No�ce to Proceed, the Awarded Contractor must atain and provide a Cer�ficate of Insurance in compliance with this Sec�on. 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 opera�ons, and Contractual liability for Contractor’s covenants, with a limit of liability not less than One Million Dollars ($1,000,000) per occurrence, for Non-AOA access; and

2) Automobile liability insurance covering each motor vehicle, including but not limited to owned, non-owned, or hired, used in conjunc�on with providing Services on Avia�on Authority property resul�ng in property damage or bodily injury, including death with a limit of not less than One Million Dollars ($1,000,000) combined single limit per accident, for Non-AOA access;

3) Addi�onal Insured Endorsement. Such above referenced liability insurance shall name the

Avia�on Authority and the City of Orlando and their members (including, without limita�on, members of the Avia�on Authority’s Board and the City’s Council and members of the ci�zens’ advisory commitees of each), officers, employees, and agents as addi�onal insureds.

b) Workers’ Compensa�on and Employer’s Liability.

The following insurance shall apply to all Contractor’s employees who will be engaged on the Avia�on Authority property in the performances of Services in this Contract: (i) workers’ compensa�on 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 authoriza�on to self-insure as required by applicable Florida laws and regula�ons. The Avia�on Authority will not accept State of Florida exemp�ons.

c) Pollu�on/Environmental Liability Insurance.

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Insurance for bodily injury, property damage, defense costs, clean-up and restora�on expenses resul�ng from pollu�on/pollutant(s) or other environmental impairments which arises out of, or in connec�on with, Contractor’s work with limits not less than $1,000,000 per claim.

d) Professional liability insurance with limits not less than $1,000,000 per claim.

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

1) Self-Insured Reten�on and Deduc�bles. Contractor’s insurance policies shall not be subject to a self-insured reten�on or deduc�ble 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 reten�on or deduc�ble exceeding One Hundred Thousand Dollars ($100,000), if the Contract is $1,000,000 or more, unless approved by the Avia�on Authority’s Chief Execu�ve Officer. The above deduc�ble 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 deduc�ble 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 Avia�on Authority may possess, and that any other insurance the Avia�on 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 Ra�ng and a Financial Size Category of "Class VI" or higher according to the most current edi�on of AM Best Ra�ng and said policies shall be in a form acceptable to the Avia�on Authority.

4) Any liability insurance maintained by Contractor writen on a claims-made form basis will maintain coverage for a period of �me determined by the Avia�on Authority to be appropriate to cover claims made a�er the Contractor has concluded its services to the Avia�on Authority.

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

6) A properly completed and executed Cer�ficate of Insurance on a form provided or approved by the Avia�on Authority (such as a current ACORD form) evidencing the insurance coverages required by this Sec�on shall be furnished to the Avia�on Authority upon the No�ce of Intent to Award of the Contract and each renewal therea�er during the term of this Agreement and its renewal/extension. Contractor acknowledges that any acceptance of Cer�ficate of Insurance by the Avia�on Authority does not waive any obliga�ons herein this Agreement.

7) The Avia�on Authority is currently contracted with a third party for the management of all insurance cer�ficates related to Avia�on Authority Contracts. Contractors who enter into a Contract with the Avia�on Authority will be contacted directly by the third party vendor for insurance cer�ficates and related maters such as expired cer�ficates. An introductory leter will be sent instruc�ng each Contractor of the proper procedures for processing updated insurance cer�ficates as well as any other insurance related mater that may arise over the term of the

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Contract. Contractors will respond as directed in the introductory leter as well as any further instruc�ons they may receive.

8) The Contractor shall provide the Avia�on Authority immediate writen no�ce of any adverse material change to the Contractor’s required insurance coverage. For purposes of this Insurance Sec�on, an “adverse material change” shall mean any reduc�on in the limits of the insurer’s liability, any reduc�on of any insurance coverage, or any increase in the Contractor’s self-insured reten�on and any non-renewal or cancella�on of required insurance.

9) If any insurance coverage is canceled or reduced, Contractor shall, within forty-eight (48) hours remit to the Avia�on Authority a Cer�ficate of Insurance showing that the required insurance has been reinstated or replaced by another insurance company or companies acceptable to the Avia�on Authority. If Contractor fails to obtain or have such insurance reinstated, the Avia�on Authority may, if it so elects, and without waiving any other remedy it may have against Contractor, immediately terminate this Contract upon writen no�ce to Contractor.

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

2.7 Laws and Regula�ons

a) The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regula�ons pertaining to the performance of the work specified herein. Contractor shall comply with all health and sanitary regula�ons adopted by all applicable governing bodies. Contractor shall give access for inspec�on purposes to any duly authorized representa�ve of such governing bodies.

b) The Contractor shall obtain all permits, licenses and cer�ficates, or any such approvals of plans or specifica�ons as may be required by Federal, State and local laws, ordinances, rules and regula�ons, for the proper execu�on of the work specified herein.

c) 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 Avia�on Authority's Authorized representa�ves. Contractor shall report immediately to the AAR any spillage or dumping of hazardous materials on Avia�on Authority property. The Contractor shall also be responsible for the cleanup and any costs incurred for all such incidents. During the performance of this Contract, Contractor shall keep current and, if requested by the Avia�on Authority, provide copies of any and all licenses, registra�ons or permits required by applicable governing agencies. Contractor shall keep a copy of any and all licenses, registra�ons and permits on the job site while performing the Contract work.

The following reference/codes/industry standards shall be adhered to:

Americans with Disability Act (ADA) Standards.

Interna�onal Building Code (IBC).

Interna�onal Energy Conserva�on Code (IECC).

Na�onal Electrical Code (NEC).

Na�onal Fire Protec�on Associa�on (NFPA).

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2.8 Use of Premises

During the progress of the work specified herein, the Contractor shall keep the premises free from accumula�on of waste materials and other debris resul�ng from the work. At the comple�on 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 Avia�on Authority.

2.9 Safety and Protec�on

The Contractor shall be solely and completely responsible for ini�a�ng, maintaining, and supervising all safety precau�ons and programs in connec�on with the work. The Contractor shall take all necessary precau�ons for safety of and shall provide the necessary protec�on 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.

2.10 Contractor’s Personnel

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

b) The Contractor’s employees shall be instructed that no gratui�es shall be solicited or accepted for any reason whatsoever from the tenants, customers, or other persons at Orlando Interna�onal Airport.

c) The Contractor shall be responsible for ensuring that all “lost and found” ar�cles found by its employees on Avia�on Authority's premises are turned over to the Avia�on Authority or the Avia�on Authority's designated agent in charge of such ar�cles.

d) Contractor shall transfer promptly from the Avia�on Authority any employee or employees that the

Avia�on Authority advises are not sa�sfactory and replace such personnel with employees sa�sfactory to the Avia�on Authority; but in no event shall Avia�on Authority be responsible for monitoring or assessing the suitability of any employee or agent of Contractor.

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

f) Contractor will abide by all State and Federal regula�ons on wages and hours of an employee dealing with the employment rela�onship between Contractor and its subsidiaries or related par�es and its employees, including but not limited to the Florida Human Rela�ons Act, the Federal Na�onal Labor Rela�ons Act, the Federal Fair Labor Standards Act, the Federal Civil Rights Act of 1964, as amended, and the Americans with Disabili�es Act.

g) 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.

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h) 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 Avia�on Authority's premises prior to such employee having tested nega�ve for drugs. In addi�on, exis�ng employees of the Contractor must be subject to drug tes�ng 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 Avia�on Authority, if requested.

i) 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 limita�on, the requirements of OSHA.

j)…