Airfield_Driving_Simulator_Services_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

25-116-RFP

AIRFIELD DRIVING SIMULATOR

SERVICES

TABLE OF CONTENTS

1. INTRODUCTION

2. GENERAL INFORMATION AND RESPONSE PREPARATION

3. DOCUMENTATION, ACKNOWLEDGEMENTS AND CERTIFICATIONS

4. AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

5. MINIMUM REQUIREMENTS

6. SCOPE OF WORK / SPECIFICATIONS

7. EVALUATION PROCESS, AWARD AND CONTRACT EXECUTION

8. EVALUATION CRITERIA

9. SAMPLE CONTRACT AND CONTRACT INSTRUCTIONS

10. VENDOR QUESTIONNAIRE

11. PRICING TABLE

ATTACHMENTS

A - ATTACHMENT_A_-_DRIVING_SIMULATOR

GREATER ORLANDO AVIATION AUTHORITY

Airfield Driving Simulator Services

1. INTRODUCTION

1.1. Summary

The Contractor shall provide four individual airfield driving simulator systems and one instructor station, at the desired location specified by the Greater Orlando Aviation

Authority (Aviation Authority). This is to be accomplished through the delivery, assembly, installation, testing, and certification of the requested units. The system shall incorporate and demonstrate radio communications functionality as part of the airfield driving simulator. The driver simulators must include development of an accurate visual database capable of rendering the Air Operations Area (AOA), as well as associated terminal buildings, hangars and other structures. Further required is training for the

Aviation Authority personnel on the system operating procedures, hardware care and required servicing, troubleshooting, etc., as necessary to provide satisfactory operation during the term of the contract and service period.

1.2. Intent

The Aviation Authority's intent is to enter into a non-exclusive Contract for the services described in this solicitation for a five (5) year period. Contract to start on or about 09/01/2025.

1.3. Tentative Timeline

Release Project Date: May 2, 2025

Pre-Submittal Meeting (Non-

Mandatory):

May 15, 2025, 10:00am

Airfield Operations Building

9076 Binnacle Way

Orlando, FL 32827

A site visit will held immediately following the Pre-Submittal Meeting.

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 243 187 537 232

Passcode: yW2qK7nj

Dial in by phone

+1 872-242-8019,,841734929# United

States, Chicago

Find a local number

Phone conference ID: 841 734 929#

Join on a video conferencing device

Tenant key: goaa@m.webex.com

Video ID: 114 386 485 5

More info

Question Submission Deadline: May 22, 2025, 5:00pm mailto:goaa@m.webex.com

Response Submission Deadline: June 19, 2025, 11:00am

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 248 274 653 788

Passcode: fP3BJ38r

Dial in by phone

+1 872-242-8019,,997862527# United

States, Chicago

Find a local number

Phone conference ID: 997 862 527#

Join on a video conferencing device

Tenant key: goaa@m.webex.com

Video ID: 112 617 411 4

More info

Evaluation Committee Date: August 26, 2025

Interview Date (if any): September 2, 2025

Aviation Authority Board Approval Date: September 17, 2025

Dates/times are subject to change.

mailto:goaa@m.webex.com

2. GENERAL INFORMATION AND RESPONSE PREPARATION

2.1. Nondiscrimination Legal Notices

a. The Aviation Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for in the Americans with Disabilities Act or Section 86.26, Florida Statutes, should contact the ADA Coordinator at 407-825-7105 as soon as possible, or at least one full business day prior to any scheduled meeting.

b. In accordance with Section 287.05701, Florida Statutes, the Aviation Authority may not request documentation of or consider a Respondent's social, political, or ideological interests when determining if the Respondent is a responsible

Respondent.

2.2. Reservation of Rights

a. The Aviation Authority reserves the right, in its sole discretion, to waive any informalities or irregularities of a Response, except that:

i. the Aviation Authority will not waive the requirement that a Response, complete in all material respects, be received by the Aviation Authority by the time and date specified in the Timeline for the receipt thereof, and

ii. the Aviation Authority will not consider any Response which does not conform in all material respects to the terms of this Solicitation including a commitment to execute the Contract by the Respondent, if applicable.

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

c. The Aviation Authority reserves the right to request clarification of information submitted in any Response, to require additional information from any

Respondent, or, in the Aviation Authority's sole discretion, to reject any or all

Respondents for any reason and to re-advertise or not to re-advertise the

Solicitation.

d. The Aviation Authority reserves the right to reject responses containing any additional terms or conditions not specifically requested in the original special conditions and/or the terms and conditions.

e. The Aviation Authority reserves the right to cancel an award to a Respondent upon due cause—i.e., misrepresentation, negligence, non-performance, etc. via written notice.

f. As the best interest of the Aviation Authority may require, the right is reserved to make award(s) by individual items, group of items, all or none, or a combination thereof.

g. All awards made as a result of this solicitation shall conform to applicable policies of the Aviation Authority.

h. The Aviation Authority reserves the right at its sole discretion to increase, decrease, or delete any portion of the Scope of Services of the resulting Contract at any time, without cause.

i. 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.

j. The Aviation Authority reserves its right to award any or all of the advertised services subject to the availability of funding.

2.3. Solicitation Information / Instructions To Respondents

a. 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 Section 10: Vendor Questionnaire.

b. 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.

c. 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. Once you have completed the free account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic response. By way of the

Platform, responses will be locked and digitally encrypted until the submission deadline passes.

d. All Responses must be received by the Aviation Authority as noted in the

Section 1: Introduction. All Responses timely received will be listed with the https://procurement.opengov.com/portal/goaa name of the Respondent during the Virtual Announcement of Respondents. The e-Procurement Platform will not allow for late submittals.

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

f. If the Aviation Authority 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.

g. 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.

h. Responses submitted by hard copy, e-mail, or fax shall not be accepted.

Responses submitted outside of the designated electronic submission Platform shall be rejected as non-responsive regardless of where and when they were received.

i. Respondents shall not be allowed to modify their responses after the opening time and date.

j. Unless otherwise noted, Respondents shall submit one Response only.

k. Each Respondent shall complete Section 10: Vendor Questionnaire. Please respond to each item individually, as applicable.

l. Unless otherwise directed, all uploaded files must be in PDF format. Do not upload zip files.

m. Once the deadline for receipt of Responses has occurred, no Response may be altered or withdrawn for a period of 120 days after such deadline.

2.4. Pre-Submittal Meeting

a. A virtual and in-person Pre-Submittal Meeting and site visit will be held for this solicitation.

b. The location, date, and time, as well as the Teams link can be found under

Section 1: Introduction

c. The purpose of any Pre-Submittal Meeting is to review and discuss the solicitation (and any addenda) as published.

d. Attendance is not mandatory, but highly encouraged.

e. Attendees are expected to be familiar with the Solicitation Document.

2.5. Communications; Questions Regarding Specifications or Solicitation

Process and Receiving Responses

a. Any communication during the solicitation process must be submitted to the

Aviation Authority via the e-Procurement

Platform, https://procurement.opengov.com/portal/goaa. prior to the deadline for Questions.

b. 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.

c. In accordance with Administration Policies (Sections 180.01 and 180.03) policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Respondent or through a lobbyist, agent or third person, to any Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Solicitations, making recommendations or making an award, is prohibited from the time that the Solicitation is released to the time that the award is made. A copy of the Administration Policies (Sections 180.01 and

180.03) are available upon request from the Manager of Board Services.

d. All firms are hereby placed on notice that the Aviation Authority Board and staff shall not be contacted about this solicitation. Firms and their agents shall not contact members of the Aviation Authority staff and/or Committee/Board member (with the exception of designated Procurement Agent and the Small

Business Development Department). An appropriate official or employee of the

Aviation Authority may initiate communication with a Respondent in order to obtain information or clarification needed to develop a proper and accurate review of the Response. Any official communication from a Respondent during the solicitation process should be submitted via the e-Procurement Platform as directed during the solicitation process. Failure to adhere to these requirements may result in and Aviation Authority Board action to disqualify your firm from consideration of award.

e. Requests for interpretation, clarification or correction of solicitation documents, forms or other material in the solicitation must be made in writing via the e-

Procurement Platform during the Question-and-Answer period. Questions or issues raised at the Pre-Submittal Meeting or during the Question-and-Answer period, which, in the Aviation Authority's discretion, necessitate changes to the https://procurement.opengov.com/portal/goaa solicitation documents, will be the subject of an addendum to this solicitation at the conclusion of the question period, and will be made available through the e-

Procurement Platform. It is the responsibility of each Respondent to ensure that it has received and reviewed any and all such solicitation or addendum.

2.6. Silence of Specifications

The apparent silence of the specifications and any supplemental specifications as to any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and only materials of first quality be provided.

2.7. Exceptions to Terms and Conditions within the Solicitation

If a Respondent desires any changes or modifications to the terms and conditions set forth in their response, the Respondent should submit these changes or modifications to the Aviation Authority in writing, via the e-Procurement platform Questions, prior to the deadline for questions. 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.

2.8. Pricing

a. Provide pricing in OpenGov, using the pricing table. Responses in any other format (such as a quote on the Respondent’s template) will not be accepted or reviewed.

b. Unless otherwise directed, pricing information shall not be included in any other areas of the response.

c. Any anticipated increases in Respondent's costs during the term must be reflected in its prices set forth in its response.

d. The Aviation Authority shall not be obligated to renegotiate or increase any price on a Respondent's mistake or miscalculation of prices, underestimation of costs, or for any other reason. All of the Respondent's overhead costs, including, but not limited to, costs of the required bonds and insurance coverages if applicable, shall be included in such Respondent's prices listed in its Solicitation.

2.9. Incurred Cost

The Aviation Authority is not liable for any cost incurred by any Respondent prior to an award. Costs for developing a response is entirely the obligation of the Respondent and shall not be chargeable in any manner to the Aviation Authority.

2.10. Lobbying Statement

Do not contact Aviation Authority Board members or Staff concerning this

Solicitation. Public meetings and public deliberations of the Evaluation Committee are the only acceptable forum for the evaluation of any Responses received pursuant to this

Solicitation. Written correspondence concerning questions may be submitted to the Procurement Services Department via the e-Procurement Platform during the specified period. Any official communication from a Respondent during the Solicitation process should be submitted in writing to the Greater Orlando Aviation Authority via the e-Procurement Platform as directed in the Solicitation. Copies of the Administration

Policies (Sections 180.01 and 180.03) are available at https://flymco.com/airport-business/policies/. Failure to adhere to these requirements could result in action to disqualify your firm from consideration of award. Respondents to this Solicitation or persons acting on their behalf may not contact, between the release of the Solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this Solicitation, except in writing to the procurement officer or as provided in the Solicitation documents. Violation of this provision may be grounds for rejecting a response. (F.S.

287.057 (25).

2.11. Withdrawal of Responses

No Response may be withdrawn after the scheduled Response opening time for a period of 120 days. Any Respondent withdrawing or attempting to withdraw its Response prior to the expiration of the 120 day period shall be obligated to reimburse the Aviation

Authority for all its costs incurred in connection with such withdrawal or attempted withdrawal including, without limitation, any increased costs for procuring the goods or services from another Respondent or all costs of advertising and re-procuring the goods or services, and all attorneys’ fees, in addition to payment of the Aviation Authority’s other damages. A Respondent’s submission shall be deemed the Respondent’s acknowledgment of an agreement to the provisions of this Section.

https://flymco.com/airport-business/policies/ https://flymco.com/airport-business/policies/

2.12. 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 constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein.

Public meetings are posted on the Aviation Authority's website: https://flymco.com/airport-business/sunshine-meetings/

2.13. Proprietary Information

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all Respondents should be aware that the Solicitation and the responses thereto are public records. However, the Respondents are requested to identify specifically any information contained in their

Response, which they believe to be exempt from disclosure, citing specifically the applicable exempting law. The Aviation Authority will consider a Respondent’s opinions regarding the applicability of Chapter 119, Florida Statutes, but shall not be obligated to concur in such opinions. All information and documents received from Respondents in response to this Solicitation will become the property of the Aviation Authority, will not be returned to the Respondents, and will be incorporated in the final Agreement in the event of Agreement award, with the exception of any financial information exempt from the Public Records Laws. Any work product produced as part of the Agreement will become the exclusive property of the Aviation Authority.

2.14. Independent Consultant Status and Compliance with the Immigration

Reform and Control Act

Respondent is and shall remain an independent Consultant and is neither agent, employee, partner, nor joint venture of Aviation Authority. Respondent acknowledges that it is responsible for complying with the provisions of the Immigration Reform and

Control Act of 1986 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended from time to time. Failure to comply with the above provisions shall be considered a material breach of the Agreement.

2.15. Code of Ethics and Business Conduct Policy

The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy

(Section 101.02) 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 https://flymco.com/airport-business/sunshine-meetings/ 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 on the Aviation Authority's website.

2.16. Notice of Intent to Award

Unless all Responses are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within 120 days from the opening of Responses. Such

Notice will be posted to the e-procurement platform.

2.17. Appeals

a. Any Respondent who is adversely affected by a decision or intended decision concerning this competitive solicitation or award and who wants to appeal such specifications, decision, or intended decision shall file an appeal within five (5) business days of the date of any decision or intended decision in compliance with the Aviation Authority’s Policy 110.04, Appeal Process.

b. Failure to file an appeal in accordance with the Aviation Authority’s Policy

110.04, shall constitute a waiver of the appeal process.

c. The intent to award to a Respondent, if any, will be posted on the Aviation

Authority’s e-procurement platform website for review by interested parties, and will remain posted for a period of five business days: excluding weekends, federal holidays, and Aviation Authority’s holidays.

3. DOCUMENTATION, ACKNOWLEDGEMENTS AND CERTIFICATIONS

The requirements under this section are not scored but must be provided with your

Response.

3.1. General

The following documents are requested with your response:

a. Conflict Of Interest Form (GOAA Form provided)

b. Current W9

c. Joint Venture Agreement (If applicable)

These documents are to be uploaded in PDF format in Section 10: Vendor

Questionnaire.

3.2. Proof of Insurability

Respondent must provide proof of insurability in Section 10: Vendor

Questionnaire. See details of insurance requirements Section 4: Aviation Authority's

Standard Terms and Conditions.

3.3. Proof of Bondability

Respondent must provide proof of bondability in Section 10: Vendor

Questionnaire. See details of surety bond requirements Section 4: Aviation Authority's

Standard Terms and Conditions.

3.4. Acknowledgements and Certifications

The following acknowledgements / certifications are requested with your response:

a. Verification of Employment Status / E-Verify

b. Drug-Free Workplace Certification

c. Certification Regarding Prohibition Against Contracting with Scrutinized

Companies

d. Discriminatory Vendor List Certification

e. Public Entity Crimes Certification

These acknowledgements / certifications are to be completed in Section 10: Vendor

Questionnaire.

4. AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

4.1. Regulations

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.

a. Contractor shall comply with all health and sanitary regulations adopted by all applicable governing bodies.

b. Contractor shall give access for inspection purposes to any duly authorized representative of such governing bodies.

c. The Contractor shall obtain 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 Authority's Authorized Representative (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 work.

4.2. Purchasing Contracts With Other Governmental Entities

Aviation Authority permits the Contractor to extend the pricing, terms and conditions of this solicitation to other governmental entities at the Contractor’s discretion. Each governmental entity that utilizes this solicitation or resulting Contract will be responsible for execution of its own requirements with the Contractor.

4.3. EEO Statement

Contractor must ensure that employees and applicants for employment are not discriminated against for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses are encouraged to participate. The Aviation Authority is an equal opportunity employer.

4.4. Whistle Blower Reporting Line

The Aviation Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Aviation Authority has established a Whistle Blower

Reporting Line with a third-party service provider as a means for employees, Contractor, tenants and the general public to report suspected fraud, waste or abuse in connection with Aviation Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its Subcontractors or laborers, it shall promptly report such activity at 877-370-6354, through email: GOAA@integritycounts.ca, or through the online reporting form:

https://www.integritycounts.ca The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.

4.5. Non-Exclusive Contract

This is a non-exclusive Contract. During the term of this Contract, and any extensions thereof, the Aviation Authority reserves the right to contract for another provider for similar services as it determines necessary in its sole discretion.

4.6. 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, overtime pay, recordkeeping, and child labor standards for full and part time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

4.7. Occupational Safety And Health Act of 1970

AllContracts 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 must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their Sub-Contractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR

Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and

Health Administration.

https://www.integritycounts.ca/

4.8. Verification of Employment Status

Only those employees determined eligible to work within the United States shall be employed under this Contract. 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 Sub-Contractors 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 Sub-Contractor 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.

4.9. Insurance Requirements

At its sole expense, the Contractorshall maintain the following insurance during the term of the Contract, including any extensions or renewals and such insurance will apply to Contractor, its employees, agents, and Sub-Contractors.

a. General Liability and Automobile Liability:

1. Commercial General Liability: 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 One Million Dollars ($1,000,000) per occurrence or not less than Five Million Dollars ($5,000,000) per occurrence, for AOA access;

and

2. Automobile liability insurance: 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 One Million Dollars ($1,000,000) combined single limit per accident or not less than Five Million Dollars ($5,000,000) combined single limit per accident, for AOA access

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

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

c. Workers’ Compensation and Employer’s Liability. The following insurance shall apply to all Contractor’s employees who will be engaged on Authority property in the performances of Services in this Contract: (i) workers’ compensation insurance with statutory limits in accordance with Florida law, and

(ii) employer’s liability insurance policy limits not be less than $100,000 for each accident, $100,000 for disease each employee and $500,000 for disease policy limit. If the Contract is self-insured, the Contract shall provide proof of self-insurance and authorization to self-insure as required by applicable Florida laws and regulations.

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

1. Self-Insured Retention and Deductibles. Contractor’s insurance policies shall not be subject to a self-insured retention or deductible exceeding

$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 $100,000, if the

Contract is $1,000,000 or more, unless approved by the 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 with a financial stability rating by A.M. Best of B+ VI or better 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 two (2) years 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 Aviation 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

Contractor prior to any start of services, whichever comes first, and each renewal thereafter during the term of this Contract and its renewal/extension.

Contractor acknowledges that any acceptance of Certificate of Insurance by the Aviation Authority does not waive any obligations herein this Contract.

7. The Aviation Authority is currently contracted with a third party for the management of all insurance certificates related to the 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. Contractor 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 the Contractor fails to obtain or have such insurance reinstated, 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.

4.10. Surety Bond / Letter of Credit Requirement

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.

a. Performance Bond shall be current and in compliance at all times during the term of the Contract in a penal sum equal to $600,000.

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 $ 600,000, 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.

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:

i. Is authorized to conduct insurance business in the State of Florida;

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

iii. 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:

i. Is authorized to conduct insurance business in the State of Florida;

ii. Holds a currently valid certificate of authority by the U.S. Department of

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

iii. 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.

iv. 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 Sub-Contractor 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.

4.11. Discounts

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

4.12. Freight Terms

Freight Terms are FOB Destination, Freight Prepaid. Respondent pays and bears the freight charge, owns goods in transit and files claims if any.

4.13. Taxes

The Aviation Authority is exempt from Federal excise taxes and all sales taxes.

4.14. Assignment

Neither this Contract nor any of the Contractor's rights or obligations hereunder may be assigned by the Contractor without the Aviation Authority's prior written consent, which consent may be granted or withheld in the Aviation Authority's sole discretion. Any transfer of this Contract by merger, consolidation or liquidation, change in federal identification number or, any change in ownership of or power to vote a majority of the outstanding voting stock or ownership interests of the Contractor shall constitute an assignment of this Contract for purposes of this Section. In the event the Contractor assigns or subcontracts or attempts to assign or subcontract any right or obligation arising under this Contract without the Aviation Authority's prior written consent, the

Aviation Authority shall be entitled to terminate this Contract. Assignments require at least 60 days prior notice.

4.15. Indemnification

The Contractor shall indemnify, defend and hold completely harmless the Aviation

Authority and the City, and the 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 of each (“Indemnified Parties”) from and against any and all liabilities (including statutory liability and liability under

Workers’ Compensation laws), losses, suits, claims, demands, judgments, fines, penalties, damages, costs and expenses (including all costs associated with investigation, defense and attorneys’ fees (“Damages”) which may be incurred by, charged to, or recovered from Indemnified Parties regardless of where the damage, injury or death occurred, arising directly or indirectly (i) from any goods, services, operations, obligations or responsibilities of Contractor in connection to this Agreement,

(ii) as a result of any act, omission or willful misconduct of the Contractor’s officers, agents, employees, subcontractors, licensees or invitees, (iii) out of the Contractor’s access, use, or occupancy of airport property, facilities or space, or (iv) Contractor’s failure to keep, observe, or perform any of its obligations under this Agreement. This indemnification shall not apply to the extent that any claims, damages, losses, and expenses arise from Aviation Authority’s sole, gross negligence or intentional misconduct. Aviation Authority agrees to give the Contractor reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow the Contractor or its insurer to compromise and defend the same to the extent of its interests, and to reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations under this Indemnification section, Contractor shall use counsel reasonably acceptable to the Aviation Authority. Nothing herein shall be deemed a waiver by

Aviation Authority of its sovereign immunity rights under the laws of The State of

Florida. The indemnification provisions of this Section shall survive the expiration or earlier termination of this Agreement. The indemnification provisions of this Section shall survive the expiration or earlier termination of this Contract.

4.16. Member Protection

No recourse under or upon any obligation, covenant or agreement contained in this

Contract, or any other agreement or document pertaining to the work or services of the

Contractor hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or any judgment obtained against Aviation

Authority, or the City, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this

Contract, shall be had against any member (including, without limitation, members of the Aviation Authority's Board or the City's Council, or members of the citizens advisory committees of each), any officer, employee or agent, as such, past, present, or future of Aviation Authority or City, either directly or through the Aviation Authority or the City or otherwise for any claim arising out of or in connection with this Contract or the work or services conducted pursuant to it, or for any sum that may be due and unpaid by

Aviation Authority. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such member, officer, employee, or agent, as such, to respond by…