REQUEST FOR STATEMENT OF QUALIFICATIONS

25-542-RFSQ

HEINTZELMAN BLVD. PAVEMENT REHABILITATION & RELATED IMPROVEMENTS (DESIGN-BUILD SERVICES BP-00510)

GREATER ORLANDO AVIATION AUTHORITY

25-542-RFSQ

Heintzelman Blvd. Pavement Rehabilitation (Design-Build Services BP-00510)

TABLE OF CONTENTS

INTRODUCTION

GENERAL INFORMATION FOR THE SOLICITATION PROCESS

AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

MINIMUM REQUIREMENTS

INSURANCE AND SURETY BOND REQUIREMENTS

SCOPE OF WORK / SPECIFICATIONS

EVALUATION CRITERIA, SCORING AND SELECTION PROCESS

VENDOR QUESTIONNAIRE

INTRODUCTION

Summary This Solicitation is for the selection of a Design Build Firm to provide Design-Build Services for the scope of work described herein. This will be a two-step solicitation. The Aviation Authority will evaluate the responses to this solicitation and establish a shortlist of no less than 3 qualified firms. Those shortlisted firms will then be invited to a closed platform in OpenGov to submit a technical proposal and a price proposal. See the Evaluation Criteria in Section 7 for more information.

Project Description This project is for the design-build pavement rehabilitation of Heintzelman Blvd. and related improvements. The Heintzelman Blvd project length is approximately 3.9 miles, which includes 3.4 miles of pavement rehabilitation outside of the existing bridge structures. Definable features of work are to include utility adjustments, clearing and grubbing, drainage improvements, curb and gutter, asphalt milling and resurfacing, guardrail improvements, lighting improvements, erosion & sediment control, roadway pavement markings and maintenance of traffic (MOT).

Timeline

TBD

Microsoft Teams Meeting ID: 254 339 390 002 3 Passcode: 4he79v8u

Dial in by phone +1 872-242-8019,,81607051# United States, Chicago Find a local number Phone conference ID: 816 070 51#

GENERAL INFORMATION FOR THE SOLICITATION PROCESS

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 social, political, or ideological interests when determining if the Respondent is responsible.

Consultant's Competitive Negotiations Act (CCNA) This solicitation is conducted in full compliance with Section 287.055, Florida Statutes, also known as the Consultant's Competitive Negotiations Act (CCNA).

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 RFSQ 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 RFSQ.

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 for any reason 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; or to reject any and all responses. Respondents are cautioned to make no assumptions unless their Response has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this solicitation shall be made in accordance with the applicable policies of the Aviation Authority.

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

h. 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.

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

j. The terms Proposer and Respondent are used interchangeably throughout this Solicitation. The terms Proposal, Response, and Statement of Qualifications are used interchangeably throughout this Solicitation.

k. Labeling information as “proprietary” or “confidential” or any other designation of restricted use shall not protect information from release if required or deemed appropriate by the Aviation Authority under applicable policies, open meeting laws, or public records laws, see Chapters 119 and 286, Florida Statutes. All materials or documents submitted in response to this Solicitation will become the property of the Aviation Authority. By submitting a Response, Respondents specifically waive all claims against the Aviation Authority related to the disclosure of public records.

Solicitation Information / Instructions To Respondents

a. Sealed electronic responses will be received for this RFSQ 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, Respondents will be locked and digitally encrypted until the submission deadline passes.

b. All Responses must be received by the Aviation Authority as noted in the Timeline. All Responses timely received will be listed with the name of the Respondent during the Virtual Opening. The e-Procurement Platform will not allow for late submittals.

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

d. 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.

e. 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.

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

g. Respondents shall submit one Response only. Prime Respondents who also participate in other responses as subcontractors will not be considered.

h. Each Respondent shall complete the Vendor Questionnaire. Please respond to each item individually, as applicable.

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

j. Once the deadline for receipt of Responses has occurred, no Response may be altered without written approval from the Aviation Authority.

k. Regarding narrative responses: please do not include any links to any material, as those will not be reviewed. Additionally, images shall not be added into narrative fields, as those will not be reviewed.

Submitting Questions and Receiving Responses

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

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

c. 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.

d. All prospective Respondents shall thoroughly examine and become familiar with the Solicitation package and the site of the Work and carefully note the items which must be submitted with the Solicitation as detailed in Section 8: Vendor Questionnaire.

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

Pre-Submittal Meeting

a. A virtual Pre-Submittal Meeting will be held for this solicitation.

b. The date, time and Teams Link to the meeting 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 non-mandatory, but highly encouraged.

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

Communications; Questions Regarding Specifications or Solicitation Process

a. Any official communication from a Respondent during the Solicitation process should be submitted to the Aviation Authority via the e-Procurement Platform, https://procurement.opengov.com/portal/goaa. A copy of the Administration Policies (Sections 180.01 and 180.03) are available on the Aviation Authority website.

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

c. All firms are hereby placed on notice that the Aviation Authority Board and staff shall not be contacted about this RFSQ. 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 evaluation of the RFSQ. Any official communication from a Respondent during the solicitation process should be submitted via the e-Procurement Platform as directed during the RFSQ process. Failure to adhere to these requirements may result in Board action to disqualify your firm from consideration of award.

d. Requests for interpretation, clarification or correction of RFSQ documents, forms or other material in the RFSQ should be made in writing via the e-Procurement Platform during the Question-and-Answer period. Questions or issues raised at the Pre-Solicitation Conference or during the Question-and-Answer period, which, in the Aviation Authority's discretion, necessitate changes to the RFSQ documents, will be the subject of an addendum to this RFSQ, which 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 response(s) or addendum.

Exceptions to Terms and Conditions within the Solicitation

a. If a Respondent desires any changes or modifications to the terms and conditions set forth in the Response Documents, the Respondent should submit these changes or modifications to the Aviation Authority in writing prior to the deadline for questions and comments about the Solicitation. Note that the Aviation Authority will not make changes to the Indemnification and Termination Clauses.

b. The Aviation Authority will consider such requested changes to the Contract’s terms and conditions. If any such requested changes or modifications are acceptable, the Aviation Authority will modify the terms and conditions by Addenda to this Solicitation prior to the deadline for Response submission. In submitting any requested changes or modifications, a Respondent should state the specific terms or conditions in the Aviation Authority’s Response Document, which the Respondent wishes to change, and the desired language, terms or conditions. Respondents are requested to not substitute entire agreements or sets of terms and conditions but discuss separately each term or condition that they take exception to or desire to change.

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

Public Meetings/Public Records

a. Please be aware that all meetings of the Aviation Authority’s Board are duly noticed public meetings and all documents submitted to the Aviation Authority as a part of or in connection with a Solicitation will constitute public records under Florida law regardless of any person’s claim that proprietary or trade secret information is contained therein. Public meetings are posted on the Aviation Authority's website: https://flymco.com/airport-business/sunshine-meetings/

b. Attendance by all interested Parties is encouraged.

Code of Ethics and Business Conduct Policy The Aviation Authority has adopted a Code of Ethics and Business Conduct Policy # 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 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 (101.02) is available on the Aviation Authority’s website: https://flymco.com/airport-business/policies/ Respondents Obligation to Inform Itself Each Respondent must inform itself fully of the design, construction, labor and security conditions under which the Work is to be performed. The Contractor shall not be relieved of its obligation to furnish all material, equipment, labor, and services necessary to carry out the provisions of the DCP Documents and to complete the contemplated Work for the consideration set forth in its Proposal by reason of having failed to inform itself with respect to those matters.

AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

Appeal Any Respondent who is adversely affected by a decision or intended decision concerning this competitive solicitation or contract 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 of the Procurement Committee and in compliance with the Aviation Authority’s Policy 110.04, Appeal Process. Failure to file an appeal in accordance with the Aviation Authority’s Policy 110.04, shall constitute a waiver of the appeal process.

The intent to award to a Respondent, if any, will be posted on the Aviation Authority’s e-procurement platform website, and will remain posted for a period of five business days: excluding weekends, federal holidays, and Aviation Authority’s holidays. Failure to file an appeal in accordance with the above stated policy shall constitute a waiver of the appeal process.

Awards The Aviation Authority may reject any and all Responses or waive any minor irregularity or technicality in Responses received. Contractors are cautioned to make no assumptions unless their Response has been determined as meeting the Minimum Requirements and being responsive and responsible. All awards made as a result of this Response shall conform to applicable policies of the Aviation Authority. The Aviation Authority reserves the right to cancel an awarded Response for any reason via written notice.

Applicable Laws and Regulations

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

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

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

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

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

f. The following reference/codes/industry standards shall be adhered to, as applicable:

1. Americans with Disability Act (ADA) Standards

2. International Building Code (IBC)

3. International Energy Conservation Code (IECC)

4. National Electrical Code (NEC)

5. National Fire Protection Association (NFPA)

6. City of Orlando

7. Greater Orlando Aviation Authority

8. Florida Department of Transportation (FDOT)

9. South Florida Water Management District and/or other applicable authorities with jurisdiction Use of Premises During the progress of the work specified herein, the Contractor shall keep the premises free from accumulation of waste materials and other debris resulting from the work. At the completion of the work, the Contractor shall remove all waste materials and debris from and about the premises, as well as tools, equipment, machinery and surplus material, and leave the site clean and ready for occupancy by the Aviation Authority. More specific requirements are included in the Contract.

Safety and Protection

a. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Awardee shall take all necessary precautions for safety of and shall provide the necessary protection to prevent injury to, all employees on the work site and other persons including but not limited to, the general public who may be affected thereby.

b. SAFETY: Contractor shall maintain a workplace safety program, including, but not limited to any response to hazards, incidents, and emergencies, outdoor operations during inclement weather, and Contractor shall report facility issues to 407-825-4000 or wo@goaa.org by describing the issue, location, and if possible flagging the area to prevent an incident.

c. PROTECTION OF PERSONS AND PROPERTY: Contractor, in addition to its compliance with regulatory requirements and the Aviation Authority’s policies and procedures, shall take reasonable precautions to prevent causing or contributing to the damages, injury or loss to: (i) employees and other persons who may be affected in, on or about its operations, personnel, materials and equipment that is in its care, custody and control, including its Subcontractors; and (ii) other property, improvements, and infrastructure at the airport. Contractor shall comply with any safety, engineering, or other requests/recommendations as it relates to its permitted space, storage, or operations in which the protection of the airport property, public, or employees is determined.

d. INCIDENT REPORTING: Contractor shall inform its personnel on airport communications as it relates to incidents involving medical episodes, injury, property damage, security issues, maintenance issues, and emergencies. Contractor shall notify the Aviation Authority’s emergency response personnel (407-825-2065 or 911), the AAR and immediately when a serious injury occurs during its services/operations at the airport and shall provide written notice of the injury within 48 hours to the Risk Hotline (407-825-2821 or RiskHotline@goaa.org) . The notice shall provide a description of the incident, including the location and time of the incident, the names and phone numbers of the people involved and witnesses, if any. The Contractor shall cooperate with any investigation of the incident.

e. HAZARDOUS MATERIALS: Contractor shall notify the Aviation Authority’s emergency response personnel (407-825-2065 or 911) of any hazardous material incident or discovery.

f. COORDINATION OF CLAIMS/DISPUTES: Contractor shall designate and provide the Aviation Authority with contact information to coordinate risk management, claims, and/or insurance issues. Contractor will cooperate with the Aviation Authority on any investigation, claim, defense, or dispute, including but not limited to providing records, witness statements, and other reasonably requested information.

Contractor's Personnel The following requirements are in addition to other requirements for personnel in the Contract. The Contractor must provide all personnel deemed necessary to meet the requirements of the Contract.

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

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

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

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

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

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

g. While working on airport property all Contractor's employees shall wear appropriate personal protective equipment, such as footwear of a style that complies with all legal and safety requirements, including and without limitation, the requirements of OSHA.

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

i. The Contractor shall provide, at its sole cost, communication devices such as but not limited to mobile devices, cellular devices, and radio equipment for the Contractor’s staff and require all subcontractors to do the same.

Airport Security The Contractor will be required to comply with all applicable regulations of the TSA and of the Aviation Authority relating to Airport security, as such regulations may be in effect or changed from time to time.

Airport Operations Area

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

b. Airport Security: Contractor's services shall be performed in accordance with the Transportation Security Administration (TSA), Federal Aviation Administration (FAA), and any other governmental agency security directives, rules, and regulations. The FAA and the TSA may assess fines and penalties for Contractor's noncompliance with the provisions of Title 49 Code of Federal Regulations (CFR), Parts 1540 and 1542, as amended from time to time, or by other agencies for noncompliance with laws or regulations applicable to Contractor's operations. Within ten (10) days of notification in writing, Contractor shall reimburse the Aviation Authority for any paid fines or penalties assessed against the Aviation Authority because of Contractor's noncompliance with 49 CFR 1540 and 1542 or other applicable laws or regulations.

c. The Contractor acknowledges that fines or penalties associated with non-compliance with security regulations must be reimbursed to the Aviation Authority.

Verification of Employment Status

a. Prior to the employment of any person under this Contract, the Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term, and an express requirement that Contractors include in such subcontracts the requirement that Subcontractors performing work or providing services pursuant to the Aviation Authority. Contractors will utilize the E-Verify system to verify the employment eligibility of all new employees hired by the Subcontractor during the Contract term. For more information on this process, please refer to United States Citizenship and Immigration Service site at: http://www.uscis.gov/portal/site/uscis.

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

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

Identification and Access Requirements

a. In addition to the security and badging requirements set forth in the specifications, the Contractor is required to conduct an employee background check, or require its Subcontractors to perform an employee background check, in accordance with the requirements herein on each person proposed for employment at Orlando International Airport in connection with this Contract, if such person is an employee of Contractor or an employee of a Subcontractor for whom Contractor is required to sign the Aviation Authority’s badge application (“Contractor Responsible Employees”). Such background check must be successfully completed prior to such person applying for an access control identification badge with the Aviation Authority. Each background check shall be performed to the following minimum requirements:

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

c. Contractor must confirm the last five (5) years of each employee's work history. Any gaps in employment of thirty (30) days or more during such five year period must be explained in writing by the employee and must be confirmed by Contractor through W-2s, student transcripts, medical records, or written references of stay-at-home situations from credible local persons such as pastors or priests (which reference must indicate personal knowledge of employee's general work history during the gap period).

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

e. Contractor shall not present any Contractor Responsible Employee to the Aviation Authority's Access Control Office for badging if such person has any unexplained gaps in their work history, has a criminal record that would disqualify them from receiving an access control badge or has an unacceptable termination record.

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

g. Every new employee requiring unescorted access to a secure area of the airport must be electronically processed by the Aviation Authority’s Access Control Office for a Criminal History Records Check and Security Threat Assessment before an identification badge is issued. In addition to this records check, the employee will be required to attend security training class (approximately 1 hour), and in the case of operating a vehicle on the Airport Operating Area (AOA) the employee will also be required to attend a driving safety class (approximately 1 hour); both training classes are provided by the Aviation Authority.

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

i. Fees Associated with Identification Badges and Keys. The Contractor shall pay all fees associated with identification badges and keys based on the current fee schedule at the time of issuance identification badges and keys. The Aviation Authority shall determine the term of each badge at the time of issuance. Note: No personal checks or credit card payments are accepted. Companies will be assessed a set fee for each non-returned identification badge and for each non-returned key.

j. Contractor must maintain all information described above for a period of four (4) years following expiration of this Contract. Such information is subject to audit by the Aviation Authority and must be sufficient in scope and detail to permit verification of compliance by Aviation Authority audit. Actual damages to the Aviation Authority resulting from a breach by Contractor of its obligations hereunder will be difficult or impossible to determine. As a result, Aviation Authority shall be entitled to recover liquidated damages of $250.00 for every Contractor Responsible Employee presented to the Aviation Authority for access control badging (a) for whom the above background check has not been completely and accurately performed, or (b) who should not have been presented per the above guidelines. The amount payable hereunder by Contractor is not a penalty, is in addition to any access control badging application fee paid by the employee and is payable whether or not such employee is issued an access control badge by the Aviation Authority.

k. Contractor must co-sign with the Subcontractor all badge applications for any employee of a temporary employment agency engaged as a Subcontractor to provide personnel to Contractor on this Contract. All employees provided by temporary employment agencies for this Contract shall be Contractor Responsible Employees. Before submitting a badge application for an employee provided on this Contract by a temporary employment agency, Contractor or the temporary employment agency must submit to the Aviation Authority’s Authorized Representative (AAR) for prior approval of such employee, a Contract between the temporary employment agency and such employee reflecting an intended assignment of such employee to the Contract for the remaining duration of the Contract or the duration of the Contractor’s need for such position.

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)) 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, Contractors, vendors, 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.

EEO and General Civil Rights Statement The Aviation Authority, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Respondents and Contractors that it will affirmatively ensure that any contract entered into pursuant to this invitation, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, or national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award. Contractors 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.

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.

Occupational 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 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 Subcontractor’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.

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

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.

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.

Intellectual Property Indemnification and Royalties The Contractor, without exception shall indemnify and save harmless the Aviation Authority and its employees from liability of any nature of kind including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by the Aviation Authority. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Response prices shall include all royalties or cost arising from the use of such design, device, or materials in any involved in the work.

Ownership of Work Product Contractor agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Contractor for the Aviation Authority pursuant the contract, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the “Work Product”) and Contractor acknowledges that such Work Product may be considered “work(s) made for hire” and will be and remain the exclusive property of the Aviation Authority. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Contractor hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to the Aviation Authority, all rights, title and ownership interests, including copyright, which Contractor may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Aviation Authority shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Contractor for itself and on behalf of its Contractors hereby waives any property interest in such Work Product.

Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI) In the course of performing the Agreement work, Contractor may gain access to Sensitive Data Types including but not limited to Personal Identifiable Information (PII), Personal Health Information (PHI), Sensitive Security Information (SSI), Payment Card Industry (PCI), Financial Information and/or other confidential information of the Aviation Authority. Contractor agrees to hold such information in confidence and to make such information known only to its employees, affiliates, agents, Subcontractors, and sub-consultants who have a legitimate need to know such information and who are under a similar obligation of confidentiality. The Contractor shall seek the Aviation Authority’s prior written consent before releasing, disclosing, or otherwise making such confidential information available to any other person. This provision shall not apply to information required to be released by applicable law, legal subpoena, or other lawful process. The Contractor must notify the Aviation Authority as soon as practicable in the event Contractor is notified of or discovers any compromise and/or breach or suspected breach, such as unauthorized access to, theft of, misuse of and unintentional releases or of any security/sensitive data types, or confidential information of the Aviation Authority and/or Individuals (“Data Breach”) involving Contractor controlled systems such as, but not necessarily limited to, web sites, transmission infrastructure, voice response unit, and retrieval and storage systems. This notification should include, to the extent known, the type of Data Breach, type of data compromised and/or breached, and results of any forensic investigation. To the extent Contractor is responsible for the Data Breach and upon mutual agreement of the parties, Contractor shall be responsible to implement, in coordination with the Aviation Authority, a commercially reasonable Remediation Plan to address and respond to a Data Breach. Such commercially reasonable “Remediation Plan” will include certain administrative requirements associated with addressing and responding to such Data Breach to the extent necessary under the circumstances, and may include but is not necessarily limited to: (i) preparation and mailing or other transmission of legally required notifications, (ii) preparation and mailing or other transmission or communication to impacted Individuals such as may be required by applicable law or regulation; (iii) offering potentially impacted Individuals the opportunity to enroll in a credit monitoring service offered by a vendor of Contractor’s choice for a two-year period, or other period as required by applicable law, at no charge to the impacted Individuals; and (iv) payment of applicable reasonable legal, audit, accounting and administrative expenses associated with the investigation, notifications and recovery arising from the Data Breach. The remedies provided for in the Remediation Plan shall be in addition to any other remedies available to the Aviation Authority under this Agreement. The provisions of this Section shall survive the expiration or earlier termination of the Agreement.

Training If specified, supplier(s) may be required at the convenience of the Aviation Authority, to provide employees training in the operation and maintenance of any items(s) purchased from this Solicitation.

Acceptance Items may be tested for compliance with the Specifications. Items delivered not conforming to specifications may be rejected and returned at Contractor’s expense. Any increase in cost may be charged against the Contractor.

Safety and Environmental Warranty The selling dealer, distributor, supplier, and manufacturer shall be responsible for having complied with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both private industry and governmental agencies.

Conflict of Interest The award hereunder is subject to provisions of State of Florida Statutes. All Respondents must disclose on the Conflict of Interest Form included with their Response the name of any officer, director, or agent who is also an employee of the Aviation Authority. Further, all Respondents must disclose the name of any Aviation 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. Additional terms regarding conflicts of interest are included in the contract.

Respondents are notified that if they are selected to perform design or inspection services on an FDOT-funded project, they will be prohibited from performing other services on that project. In accordance with Florida Statutes 337.14(7), the entity performing design and construction engineering and inspection services may not be the same entity.

Drug-Free…