Roof_Repairs_and_Waterproofing_Maintenance_Contract_(Addendum_#1_Revision).pdf

INVITATION FOR BIDS

25-100-IFB

ROOF REPAIRS AND WATERPROOFING MAINTENANCE

CONTRACT

TABLE OF CONTENTS

I. GENERAL INFORMATION

II. SPECIAL CONDITIONS

III. INSURANCE REQUIREMENTS

IV. MINIMUM REQUIREMENTS

V. SCOPE OF WORK / SPECIFICATIONS

VI. PRICING TABLE(S)

VII. VENDOR SUBMISSIONS

VIII. AVIATION AUTHORITY STANDARD TERMS AND CONDITIONS

ATTACHMENTS

A - GOAA BUILDING MASTER SCHEDULE

B - ROOF INSPECTION SCHEDULE

C - WORK TICKET EXAMPLE

GREATER ORLANDO AVIATION AUTHORITY

Roof Repairs and Waterproofing Maintenance Contract

1. GENERAL INFORMATION

1.1. Americans with Disabilities Act (ADA)

The Aviation Authority does not discriminate upon the basis of any individual’s disability status. Anyone requiring reasonable accommodations as provided for the Americans with Disabilities Act or Section

86.26, Florida Statutes, should contact the ADA Coordinator at 407-825-2006 as soon as possible, at least one full business day prior to any scheduled meeting.

1.2. Responsible Vendor Determination

Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the Aviation

Authority may not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor.

1.3. Solicitation Information

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

Authority e-Procurement Platform located at https://procurement.opengov.com/portal/goaa. 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.

B. Submission by a Respondent constitutes an agreement that the Response is deemed signed by the

Respondent and constitutes a binding offer for the Respondent to perform as offered.

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

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

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

Responses may be examined thirty (30) days after the Solicitation opening or upon recommendation for award, whichever occurs first.

1.4. Submitting Questions and Receiving Responses

Respondents shall submit all inquiries regarding this Solicitation via the e-Procurement 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 https://procurement.opengov.com/portal/goaa also click “Follow” on this Solicitation to receive an email notification when answers are posted. It is the responsibility of the Respondent to check the website for answers to inquiries.

A. If a Virtual and/or Pre-Solicitation Conference is held, the location, date, and time is located on the e-Procurement Platform. The purpose of any Pre-Solicitation Conference is to review and discuss the solicitation (and any addenda) as published. Attendance is not mandatory but is highly encouraged. Respondents are expected to be familiar with the Solicitation Documents.

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

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

D. All prospective Respondents shall thoroughly examine and become familiar with the Solicitation package and carefully note the items which must be submitted with the Solicitation as detailed in

Section: 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.

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

1.5. Communications; Questions Regarding Specifications or Solicitation Process

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

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

B. In accordance with the above-referenced policies, any communication directly or indirectly to seek to encourage any specific result in connection with an Aviation Authority selecting process, including but not limited to, written communications, any and all forms of electronic communications or messaging, including social media, oral communications either in person or by telephone, initiated by a Respondent or through a lobbyist, agent or third person, to any

Aviation Authority staff and/or Committee/Board member who is a member of any committee constituted for the purposes of ranking Solicitations, making recommendations or making an award, is prohibited from the time that the Solicitation is released to the time that the award is made.

1.6. 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.

1.7. Notice of Intent to Award Contract

Unless all Responses are rejected by the Aviation Authority, a Notice of Intent to Award is anticipated to be provided within ninety (90) days from the opening of Responses to the responsible and responsive

Respondent submitting the Response deemed to be most advantageous to the Aviation Authority, all factors being considered. For all procurements, the Aviation Authority reserves the right to reject any or all Responses and to cancel the procurement or to solicit new Responses.

1.8. Public Meetings/Public Records

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

1.9. Code of Ethics and Business Conduct Policy

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

Statutes in reference to these issues. This includes, but is not limited to, the obligations of the Aviation

Authority’s Board members and employees with respect to having an interest in business entities, outside employment, gratuities, divulgence of information, unauthorized compensation and acceptance of gifts.

Please be aware that any violation of this policy by a Respondent and/or any attempt to influence an

Aviation Authority Board member or employee to violate the policy is sufficient cause for the denial of the right of the Respondent to Respond on any Contract or sell any materials, supplies, equipment, or services to the Aviation Authority for a period of time that is determined by the Chief Executive Officer. A copy of this policy is available upon request from the Chief Administrative Officer.

2. SPECIAL CONDITIONS

2.1. Reservation of Rights

A. 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; to reject any and all bids or waive any minor irregularity or technicality in responses received. All awards made as a result of this solicitation shall conform to applicable policies of the Aviation Authority.

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

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

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

E. 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.

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

2.2. 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.

2.3. 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.

2.4. Safety and Protection

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

2.5. Contractor’s Personnel

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

Contract.

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

Orlando International Airport.

B. The Contractor shall be responsible for ensuring that all “lost and found” articles found by its employees on Aviation Authority's premises are turned over to the Aviation

Authority or the Aviation Authority's designated agent in charge of such articles.

C. Contractor shall transfer promptly from the Aviation Authority any employee or employees that the Aviation Authority advises are not satisfactory and replace such personnel with employees satisfactory to the Aviation Authority; but in no event shall

Aviation Authority be responsible for monitoring or assessing the suitability of any employee or agent of Contractor.

D. A valid Florida driver license (Commercial Driver License, if applicable) will be required of all personnel operating motor vehicles or motorized equipment on roadways in or around

Orlando International Airport. Each of the Contractor's motor vehicles brought onto the

Aviation Authority's premises shall have the Contractor's business name and/or logo prominently displayed on both front doors of such vehicle.

E. Contractor will abide by all State and Federal regulations on wages and hours of an employee dealing with the employment relationship between Contractor and its subsidiaries or related parties and its employees, including but not limited to the Florida

Human Relations Act, the Federal National Labor Relations Act, the Federal Fair Labor

Standards Act, the Federal Civil Rights Act of 1964, as amended, and the Americans with

Disabilities Act.

F. All Contractor and any Subcontractor employees who perform services pursuant to this

Contract shall be able to read, write, speak and understand the English language.

G. Contractor shall maintain a drug-free workplace within the meaning of the Florida Drug-free Workplace Act. No employee shall be hired by a Contractor for work on Aviation

Authority's premises prior to such employee having tested negative for drugs. In addition, existing employees of the Contractor must be subject to drug testing by the Contractor upon reasonable suspicion of drug use. Results of all such drug tests are to be retained by the Contractor. Copies shall be provided to the Aviation Authority, if requested.

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

OSHA.

2.6. Airport Security

The successful Respondent will be required to comply with all applicable regulations of the TSA and of the Aviation Authority relating to Airport security, including those relating to access to the

AOA of Orlando International Airport, as such regulations may be in effect or changed from time to time.

2.7. 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. Contractor's personnel are required to successfully complete SIDA Training and demonstrate proficiency in all Airport Operations Instructions

(AOl's) regarding secured access to airfield and aircraft ramp and apron areas. No escorts of any type will be provided.

B. Airport Security: Contractor's services shall be performed in accordance with the

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

2.8. 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.

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.

2.9. Identification and Access Requirements

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

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

Airport in connection with this Contract, if such person is an employee of Contractor or an employee of a Subcontractor for whom Contractor is required to sign the Aviation

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

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

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

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

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

Authority's Access Control Office for badging if such person has any unexplained gaps in their work history, has a criminal record that would disqualify 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.

2.10. Surety Bonds/Liability Insurance

A Surety Bonds are required for this Contract.

A. Prior to Aviation Authority’s execution of the Contract and within ten (10) business days of the award, the Contractor shall furnish to Aviation Authority a Performance Bond, and a Payment Bond, completed on the Aviation Authority’s forms provided in the Contract

Documents. Such Bonds shall be current and in compliance at all times during the Term of the Contract in a penal sum equal to five hundred thousand dollars ($500,000).

B. Except as provided in this Performance Bond Section, the Aviation Authority will not accept any change or modification to the forms of Performance Bond attached to these

Solicitation Documents.

C. Failure to timely submit an acceptable Performance Bond and Payment Bond prior to commencement of the Contract in addition to all other rights available to the Aviation

Authority under law, shall give the Aviation Authority the right to withdraw the Notice of

Intent to Award, without the need for providing the Contractor advance notice or the opportunity to cure. Contractor acknowledges responsibility for any damages or costs incurred by the Aviation Authority due to its failure to comply with this Section 3.6.

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

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

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

b. Currently holds a certificate of authority authorizing it to write surety bonds in the

State of Florida; and

c. Is otherwise in compliance with the provisions of the Florida Insurance Code.

E. 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.

2.11. Price Escalation/De-Escalation (CPI)

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

B. Price adjustments shall be based on the latest version of the Consumers Price Index (CPI-

U) for All Urban Consumers, All Items, U.S. City Average, non-seasonal, as published by the U.S. Department of Labor, Bureau of Labor Statistics. This information is available at www.bls.gov.

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

http://www.bls.gov/

D. Formula is as follows:Current Index – Base Index / Base Index = % of Change % of Change x 100 = Percentage Change CPI-U Calculation Example: CPI for the current period232.945Less CPI for the base period229.815Equals index point change3.130Divided by base period CPI229.815Equals0.0136Result multiplied by 1000.0136 x 100Equals percent change1.4%

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

F. The letter shall include the complete calculation utilizing the formula above, and a copy of the CPI-U index table used in the calculation. The maximum allowable increase shall not exceed 3% unless there are circumstances demonstrating that an increase beyond this amount is required and this is approved by the Aviation Authority.

G. All price adjustments must be accepted by the Vice President of Purchasing, and shall be memorialized by written amendment to this contract. No retroactive contract price adjustments will be allowed. No retroactive contract price adjustments will be allowed.

Only final CPI data will be used to adjust contract pricing.

H. Should the CPI-U for All Urban Consumers, All Items, U.S City Average, as published by the

U.S. Department of Labor, Bureau of Labor Statistics decrease during the term of the contract the Contractor shall notify the Aviation Authority’s Purchasing Department of price decreases in the method outlined above.

I. If the Contractor intentionally fails to pass the decrease on to the Aviation Authority, the

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

2.12. Performance and Invoicing

A. The Aviation Authority shall, at regular intervals, monitor the performance of Contractor to determine whether the work to be performed under the Contract has in fact been accomplished to Aviation Authority’s satisfaction and/or completed in a timely manner.

B. The Aviation Authority shall notify the Contractor of any specific services that are unsatisfactory to the Aviation Authority, and if the Contractor has not addressed such item or items set forth in the notice to the Aviation Authority’s satisfaction within the time frame set forth in the Aviation Authority’s notice, the Aviation Authority in addition to all other rights provided under this Contract or by law or equity, may either remedy such unsatisfactory services itself or through a third party and the cost of providing the remedial services shall be deducted from the Contractor’s invoice.

C. The Aviation Authority shall pay the undisputed amount of Contractor’s invoice per The

Florida Prompt Payment Act. Items in dispute shall be paid upon the resolution of the dispute in accordance with the Florida Prompt Payment Act.

D. The Contractor’s invoice shall generally describe the services rendered by work area and location, type of service, date rendered, and shall contain such other information and is accompanied by such supporting documentation and other materials as the Aviation

Authority shall request. The forms to be used will be provided by the Contractor, with approval of the Aviation Authority.

E. The Contractor shall be obligated to pay promptly all proper charges and costs incurred by the sub-contractor for labor and materials used for the work performed hereunder.

The Aviation Authority shall have the right, but not the obligation, to pay directly to third parties (including Subcontractors) all past due amounts owed by Contractor to third parties for labor and materials used for the work hereunder, based on invoices submitted by such third party, and all such amounts paid by the Aviation Authority shall be applied toward, and shall reduce, amounts owed to Contractor hereunder.

1. The Contractor shall provide work tickets to substantiate work completed each day.

The ticket will detail time and material expended each day to complete repairs and in resolving maintenance issues. Tickets shall have materials and labor listed as separate line items.

2. The Aviation Authority will not allow nor pay any additional cost for surcharges on the

Contractor's invoice if not already approved by the AAR.

3. Separate tickets shall be submitted for each day on site.

4. When work tickets from the Contractor to the Aviation Authority includes materials, the Contractor shall provide original receipts of materials purchased that have been incorporated in each repair. The receipts will serve as backup to the material items listed on the tickets being presented for completed work.

5. For special project/jobs, the Contract will provide a "Not to Exceed" quote to the AAR for review and approval before the work begins.The AAR shall approve, in writing the

Contractor's accuracy and reasonableness of each invoice submitted for payment. The

Contractor shall be responsible for documenting the number of employees on site each day, hours worked, the materials and equipment used for repairs and maintenance.

F. Non-Payment of Invoices

1. The Aviation Authority reserves the right to withhold the entire payment for any repair or job where the repair or job is not done in accordance with the contact specifications.

2. If the Contractor submits incorrect billing for time and materials on invoices and fails to revise and resubmit the invoice within 5 days after receiving notification from the

AAR, the Aviation Authority reserves the right to withhold partial payments.

3. The Aviation Authority shall pay the undisputed amount of the Contractor's invoice per the Florida Prompt Act. Items in dispute shall be paid upon the resolution of the dispute in accordance with the Florida Prompt Act.

G. The Contractor shall submit all invoices to: Greater Orlando Aviation Authority, Finance

Manager, P.O. Box 620125, Orlando, Florida 32862-0125. Invoices may be sent electronically to accounts payable goaa-ap@goaa.org

2.13. Contract Sample

1. Contract Instructions

The Aviation Authority shall notify the Respondent of the Aviation Authority’s intent to make an award and the Respondent shall submit a properly executed Contract within ten (10) calendar days of receipt of notice from the Notice of Intent. Unless such time is extended by the Aviation Authority, the failure of a

Respondent to submit a properly executed form within said time period shall be cause for cancellation of the intended award by the Aviation Authority in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible

Respondent. Unless otherwise agreed by the Aviation Authority in its sole discretion, the Contract shall be executed and notarized as follows:

A. If the Contractor is a corporation, the Contract shall be signed by an authorized corporate officer

(i.e., President, Vice President, C.E.O, or C.O.O.).

B. If Contractor is a Partnership, the Contract shall be signed by a general or managing partner.

C. If the Contractor is a Limited Liability Company, the Contract shall be signed by a Manager or

Managing Member having Aviation Authority to bind the company.

D. If Contractor is a sole proprietorship, the owner shall sign the Contract

If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory’s Aviation Authority shall be submitted on the Contractor’s mailto:goaa-ap@goaa.org stationery stating that the person who signed the form is duly authorized to enter into such Contract on behalf of the Contractor. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the Aviation Authority.

If a Response is accepted by the Aviation Authority, the Contract will be executed by the Aviation

Authority with respect to the items awarded and returned to the Contractor evidencing the Aviation

Authority’s acceptance of the Response. No award shall be final, and no Contractor shall have any entitlement to a Contract or award, until such time as the Aviation Authority has executed the

Contract. Upon execution by both parties, the Contract will constitute the formal written Contract between the Aviation Authority and the Contractor.

1.2. Contract Sample

This Agreement/Contract is made and entered into as of ___________________, by and between the GREATER ORLANDO AVIATION AUTHORITY, a public and governmental body, existing under and by virtue of the laws of the State of Florida, hereinafter called the Aviation Authority, and , hereinafter called Contractor.

WITNESSETH, that the said Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by the Aviation Authority, hereby covenants and agrees to furnish all XXXXXX, XXXXXXX, XXXXXX, XXXXXXX, XXXXXX, XXXXXXXXXX and all other items necessary or proper for, or incidental to, performing its obligations under Purchasing Solicitation 25-100-IFB, Roof Repairs and Waterproofing Maintenance Contract, at the Orlando International Airport, in accordance with the Contract Documents which consist of the Contract, Response Price Page(s), the General Information, the Special Conditions, the Specifications, the Terms and Conditions, the Federal Provisions, any Addenda issued prior to the execution of the Contract, and the Request for Responses, each of which are incorporated herein by this reference.

If the Contractor shall fail to comply with any of the terms, conditions, provisions, or stipulations of the Contract Documents, then the Aviation Authority may avail itself of any or all remedies provided in the Contract Documents, or which are otherwise available by applicable law or in equity, and shall have the right and power to proceed in accordance with the provisions thereof.

An extension of time for performance shall be the Contractor’s sole and exclusive remedy for any delay of any kind or nature caused by Aviation Authority, and in no event shall Contractor be entitled to recover from Aviation Authority any indirect, incidental, special or consequential damages in any proceeding arising out of or relating to this Contract or the breach thereof.

It is also agreed and understood that the acceptance of the last payment pursuant to the Terms and Conditions for work performed hereunder by the Contractor shall be considered as a release in full of all claims against Aviation Authority and its members, officers, agents and employees arising out of, or by reason of, the Contract obligations or work.

In consideration of the Contractor's obligations set forth in the Contract Documents, Aviation Authority agrees to pay to the Contractor upon satisfactory completion of such obligations, and subject to the Contract provisions, the compensation as set forth in Response Price Page(s) subject to such additions and deductions as may be provided in the Contract Documents and any duly approved and executed amendments thereto.

IN WITNESS WHEREOF, the said GREATER ORLANDO AVIATION AUTHORITY has caused this Contract to be executed in its name by its Chief Executive Officer, or designee, and the said Contractor.

“AVIATION AUTHORITY”

By:

Title:

Date:

“CONTRACTOR”

CONTRACTOR NAME

By:

Title:

APPROVED AS TO FORM AND LEGALITY

For the use and reliance of the Greater Orlando

Aviation Authority, only.

Name of Law Firm:__________________________

By: ______________________________________

2.14. Payment Bond

Performance and Payment Bond Forms PERFORMANCE/PAYMENT BOND COVER SHEET

This cover sheet is an integral part of the attached bonds and must not be separated from them.

GREATER ORLANDO AVIATION AUTHORITY, ORLANDO, FLORIDA

In Compliance with Florida Statutes, Section 255.05(1)(a)

PERFORMANCE BOND NO.:

PAYMENT BOND NO.:

CONTRACTOR INFORMATION: Name:

Address:

Phone:

SURETY PRINCIPAL: Name:

BUSINESS INFORMATION Address:

OWNER INFORMATION: Name:

Greater Orlando Aviation Authority

One Airport Boulevard

Orlando, FL 32827

(407) 825-2001

BOND AMOUNT: $500,000

CONTRACT NO. (if applicable): IFB 25-100-ROOF REPAIRS AND WATERPROOFING

MAINTENANCE

DESCRIPTION OF WORK:

PROJECT LOCATION: Orlando International Airport, Orlando, FL

AGENT INFORMATION: Name:

PAYMENT BOND FORM

BOND NO.:______________________

ORLANDO, FLORIDA

The cover page that lists the contact information for the entities involved in this bond is considered the front page of this bond and is an integral part of this bond and, therefore, must not be separated from this bond.

KNOW ALL PERSONS BY THESE PRESENTS that _______________________________________________, hereinafter called Principal, and

________________________________________________________________, a corporation organized under the laws of the State of ____________________, having its home office in the City of ____________________ and licensed to do business in the State of Florida, hereinafter called Surety, are held and firmly bound unto the Greater Orlando Aviation Authority, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the Penal Sum of ________________________________________________

____________________________________ Dollars ($_________________________) for the payment of which sum well and truly to be made, Principal and Surety bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated _________________________________, entered into a contract with Owner for IFB 25-100 Roof Repairs and Waterproofing Maintenance in accordance with the

Contract Documents which are incorporated herein by reference and made a part hereof, and are herein referred to as the Contract.

WHEREAS, Surety is authorized to do business in the State of Florida.

NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: requirement

1. This bond is given to comply with Section 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with Sections 255.05(2) and 255.05(10), Florida

Statutes, as amended, including, but not limited to, the notice and time limitation provisions therein.

2. Therefore, a claimant, except a laborer, who is not in privity with the Contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services or materials for the prosecution of the work, serve the Contractor with a written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for furnishing his or her labor, services, or materials shall, serve a written notice of nonpayment on the Contractor and on the Surety. Notices must be served in accordance with Section 255.05(2), as amended. The notice of non-payment shall be under oath and served during the progress of the work or thereafter, but may not be served earlier than forty-five (45) days after the first furnishing of the labor, services or materials by the claimant or later than ninety (90) days after the final furnishing of the labor, services or materials by the claimant, or, with respect to rental equipment, later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. No action for the labor, services, or materials may be instituted against the Contractor or the Surety unless both notices have been served. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies.

3. The Surety's obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Contract entered into by Owner and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Contract granted by Owner to

Principal without the Surety's knowledge or consent, (iii) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceeding, or (iv) any other action taken by Owner or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder.

4. Any changes in or under the Contract Documents (which include the, Drawings and Specifications) and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes.

Further, Principal and Surety acknowledge that the Penal Sum of this Bond shall increase or decrease in accordance with the approved changes or other modifications to the Contract Documents.

IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the

_____ day of ____________________, 20____, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body.

Signed, sealed and delivered in the presence of:

Principal (Name of Contractor)

_____________________________________ By:_________________________________

Witness (Signature)

_____________________________________ Its:_________________________________

Witness (Title)

(Seal)

Name of Surety

_____________________________________ By:_________________________________

_____________________________________ Its:_________________________________

Address:_________________________________

Telephone No.:_________________________________

Fax No.:_________________________________

E-Mail Address:_________________________________

(Countersignature by Florida

Licensed Agent)

NOTE: If Principal and Surety are corporations, the respective corporate seals should be affixed and attached.

Attach a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Payment

Bond on behalf of Surety.

Performance Bond No.:__________________

PERFORMANCE BOND FORM

KNOW ALL MEN BY THESE PRESENTS that ________________________________________, hereinafter called

Principal, and

_____________________________________________________________________________________, a corporation organized under the laws of the State of _________________________ and licensed to do business in the State of Florida, hereinafter called Surety, are held and firmly bound unto the Greater Orlando

Aviation Authority, hereinafter called Aviation Authority, in the Penal Sum of five hundred thousand dollars

($500,000), for the payment of which sum well and truly made, Principal and Surety bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement entered into a Contract with Aviation Authority for Purchasing

Solicitation 25-100-IFB, Roof Repairs and Waterproofing Maintenance Contract, in accordance with the

Contract Documents which are incorporated therein by reference and made a part thereof, and which collectively are herein referred to as the Contract.

WHEREAS, Surety is authorized to do business in the State of Florida.

NOW, THEREFORE, the condition of this obligation is such that if Principal:

1. Promptly and faithfully performs each of its obligations under said Contract, including, but not limited to, any warranty provisions, in the time and manner prescribed in the Contract; and

2. Pays Aviation Authority all losses, damages (liquidated or actual, including, but not limited to, damages caused by delays in the performance of Principal, or latent defects in the goods or services furnished by

Principal), expenses, costs and attorneys' fees for and in connection with all trial and appellate proceedings, that Aviation Authority sustains resulting directly or indirectly from any breach or default by Principal under the Contract; and

3. Pays Aviation Authority all losses, damages, expenses, costs, attorneys' fees and other legal costs (including, but not limited to, those for investigative and legal support services) for and in connection with all trial, appellate and bankruptcy proceedings, that the Aviation Authority sustains resulting directly and indirectly from conduct of the Principal, including, but not limited to, want of care or skill, negligence, patent infringement, or intentionally wrongful conduct on the part of the Principal, its officers, agents, employees or any other person or entity for whom the Principal is responsible, then this bond is void; otherwise it remains in full force and effect.

In the event that the Principal shall fail to perform any of the terms, covenants or conditions of the Contract…