LEHIGH-NORTHAMPTON AIRPORT AUTHORITY

REQUEST FOR PROPOSALS

FOR SNOW REMOVAL SERVICES

PROPOSAL DUE DATE: October 21, 2019

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LEHIGH-NORTHAMPTON AIRPORT AUTHORITY LEHIGH VALLEY INTERNATIONAL AIRPORT

3311 AIRPORT ROAD ALLENTOWN, PA 18109

REQUEST FOR PROPOSALS

FOR SNOW REMOVAL SERVICES

The Lehigh-Northampton Airport Authority will accept sealed proposals for Snow Removal Services. Proposal information and specifications may be secured from the offices of the Airport Authority located on the Third Floor of the Passenger Terminal Building, Lehigh Valley International Airport, and 3311 Airport Road, Allentown, PA 18109. Proposals must be received in the Offices of the Airport Authority on or before 11:00 a.m., local time Monday, October 21, 2019 at which time they will be publicly opened and read. Proposals received after this time will be returned unopened. Please mark envelope as follows: “Snow Removal Services” to the attention of Steven L. Connors, Director of Operations and Safety. If there are any questions, please email jschadler@lnaa.com.

A mandatory pre-proposal meeting will be held Friday, October 11, at 9:00 a.m. at the Lehigh-Northampton Airport Authority’s Maintenance Facility located at 150 Fashion Drive, Allentown, PA 18109. The Lehigh-Northampton Airport Authority reserves the right to accept or reject any and all proposals, readvertise or award the contract in a manner determined solely by the Lehigh-Northampton Airport Authority to be in its best interest. All proposals shall remain valid for a minimum of 90 days. The Lehigh-Northampton Airport Authority, (in accordance with Title VI of the Civil Rights Act of 1974, 7B Stat. 252, 42 USC 2000D to 2000D-4 and Title 49, Code of the Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary , Part 21, Nondiscrimination in Federal assisted program for the Department of Transportation issued pursuant to such Act) notifies all Proposers that it will affirmatively ensure that Disadvantaged Business Enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. Steven L. Connors, Director of Operations & Safety Lehigh-Northampton Airport Authority The Express Times: October 4, 2019

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LEHIGH-NORTHAMPTON AIRPORT AUTHORITY LEHIGH VALLEY INTERNATIONAL AIRPORT

3311 AIRPORT ROAD ALLENTOWN, PA 18109

GENERAL INSTRUCTIONS AND

INFORMATION FOR SNOW REMOVAL SERVICES The Lehigh-Northampton Airport Authority requires Snow Removal Services as described in the attached Specifications.

SECTION 1 – SEALED PROPOSALS Written proposals for the furnishing of Snow Removal Services will be received by the Lehigh-Northampton Airport Authority located in the Administrative Offices of the Airport Authority on the third floor of the Terminal Building, Lehigh Valley International Airport, Allentown, PA, 18109, until 11:00 a.m., local time, Monday, October 21, 2019. The Lehigh-Northampton Airport Authority reserves the right to accept or reject any and all proposals, re-advertise or award the contract in a manner determined solely by the Lehigh-Northampton Airport Authority to be in its best interest. All proposals shall remain valid for a minimum of 90 days.

A mandatory pre-proposal meeting will be held at 9:00 am, Friday, October 11, 2019. This meeting will be held in the Lehigh-Northampton Airport Authority’s Maintenance Facility located at 150 Fashion Drive, Allentown, PA 18109. Lehigh-Northampton Airport Authority will receive proposals with the General Instructions and Specifications contained herein, together with addenda, if any. THE PROPOSAL MUST NOT INCLUDE FEDERAL AND STATE TAXES. TAX EXEMPTION CERTIFICATES WILL BE SUPPLIED BY THE AUTHORITY.

All proposals must be enclosed in sealed envelopes and shall be addressed to Steven L. Connors, Director of Operations & Safety

“SNOW REMOVAL SERVICES”

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SECTION 2 – PROPOSAL FORM All proposals must be made upon the blank form of proposal attached hereto and must give the price proposed, in figures, (written in ink or typed), and must be signed in longhand by the Contractor with his full name and address. In the event that the corporation has duly authorized another individual or individuals to sign on behalf of the President and Secretary, a copy of the resolution or other formal action authorizing the entity signing the proposal to do so on behalf of the corporation shall accompany the proposal. In submitting the proposal the form must be accompanied by the General Instructions and Information, the Specifications, and any addenda. All proposals shall remain valid for a minimum of 90 days. SECTION 3 – PAYMENT Payment Terms - Payment due thirty (30) days after the date of invoice.

SECTION 4 – INDEMNITY The status of the Contractor in his work to be provided by him under the contract is that of an independent Contractor. As such, the work, in every respect, from the execution of the contract and during progress thereunder, and until completion, shall be under the charge, care and supervision of the Contractor at his risk. He shall properly safeguard against any or all injury to the public, to public and private property, materials and things, and, as such, the Contractor alone shall be responsible for any and all damage, loss or injury to persons or property that may arise, or be incurred in, or during the conduct or progress of said contract, without regard to whether the Contractor, or employees, have been negligent. The Contractor shall keep the Lehigh-Northampton Airport Authority free from, and discharged of, any and all responsibility and liability therefore of any sort of kind whatsoever.

The Contractor shall assume all responsibility for risks and casualties of every description and for any or all damage, loss or injury to persons or property arising out of the nature of the contract, from the action of the elements, or from any unforeseen or unusual difficulty or circumstances. The Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of his neglect or violation of any federal, state, county or local laws, statutes, ordinances or any and all rules and regulations promulgated thereunder.

The Contractor shall indemnify and save harmless the Lehigh-Northampton Airport Authority officers, agents and employees from all liability or suits or action of law or inequity of any kind whatsoever arising from the failure of the Contractor to comply with the terms and conditions of the contract documents or any rules and regulations promulgated in accordance with the provisions of such statutes or ordinances

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by the United States, the Commonwealth of Pennsylvania or any municipality thereof, or by any Department or Agency of any or all thereof, and Contractor shall, if required by the Lehigh-Northampton Airport Authority, produce evidence of settlement of any such action before final payment under the Contract shall be made by the Lehigh-Northampton Airport Authority. The Contractor shall, unless otherwise, specified, maintain and pay for such insurance, issued in the name of the Lehigh-Northampton Airport Authority, as will protect the Lehigh-Northampton Airport from contingent liability under this contract, and the Lehigh-Northampton Airport Authority’s right to enforce against the Contractor any provision of this article shall be contingent upon the full compliance by the Lehigh-Northampton Airport Authority with the terms of such insurance policy or policies, a copy of which shall be deposited with the Lehigh-Northampton Airport Authority. In carrying out any of the contract provisions or in exercising any power or authority granted to him by this contract, there shall be no liability upon any official of the Lehigh-Northampton Airport Authority either personally or as an official of the Lehigh-Northampton Airport Authority. It is understood that in such matters they act solely as agents and representatives of the Lehigh-Northampton Airport Authority. It is not the intention of these Instructions or anything contained in the contract documents to confer a third party beneficiary right of action upon any person whatsoever and nothing hereinbefore or hereinafter set forth shall be construed so as to confer upon any person other than the Lehigh-Northampton Airport Authority as right of action either under this contract of in any manner whatsoever, except that nothing herein contained shall affect the rights conferred upon any person whatsoever by the terms of any labor or materialmen’s bond required by law of by this contract.

SECTION 5 – INSURANCE REQUIREMENTS

Vendor shall obtain and maintain continuously in effect at all times during the term hereof, at Vendor’s sole expense valid and enforceable policies of insurance. The vendor shall furnish to the Airport Authority, certificates of insurance in forms satisfactory to the Airport Authority, and indicating compliance with the requirements of the special condition as follows:

Special Condition: Certificates of insurance must be attached to the Proposal

Form that is contained herein. A copy of the Vendor’s current certificates shall be sent to the Airport Authority on the anniversary date of the contract for each year of the contract’s duration, or upon any change in the Vendor’s insurance coverage.

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The vendor shall furnish a copy of this special condition together with Supplementary Conditions to their insurance broker in order to assure the policies that are furnished conform exactly to the requirements stated below:

A. Policy covering the obligations of Vendor in accordance with any applicable / statutory workers’ compensation or disability benefits law, and employer’s liability insurance in a minimum amount of One Million dollars ($1,000,000).

B. Policies of bodily injury liability and property damage liability insurance

with contractual liability coverage and products/completed operations coverage of not less than One Million dollars ($1,000,000) per occurrence.

C. Automobile bodily injury and property damage liability, covering owned,

non-owned and hired vehicles, of not less than One Million dollars ($1,000,000) per occurrence.

D. Excess General and Automobile Liability, providing umbrella liability

insurance in a minimum amount of Five Million dollars ($5,000,000) per occurrence.

Policies required by paragraphs “B”, “C”, and “D” will include coverage for all

damages arising out of bodily injury, including death, at any time resulting there from, sustained by one or more persons and for all damages arising out of injury to, or destruction of, property during the policy period provided.

All Coverage limits under any specified coverage of this Section may be met

individually, or in combination with any primary and Umbrella/Excess coverage’s. All policies required under this Section shall be issued by insurers having a rating

of at least “A” VI by A. M. Bests or an equivalent rating by a similar rating entity, acceptable to Authority, shall be written on an occurrence basis and shall not be cancelled nor modified without thirty (30) days prior written notice to Authority.

Further, these policies will be primary and non-contributory. The certificates

issued therefore shall name Authority as additional insured, hold the Authority harmless, and be incorporated into the Agreement. Upon execution of the Agreement, and from time to time throughout its duration, Vendor shall provide to Authority, without demand, copies of current certificates for all required coverage.

The Authority may, in its discretion, at any time: 1) amend the types and/or

amounts of coverage required hereunder, and shall notify Vendor of any such

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amendment; and/or 2) demand a true, correct, complete copy of any policy required hereunder.

The Authority is a Pennsylvania Municipal Corporation existing under the

Municipality Authorities Act of 1945, as amended, whose liability for claims in Tort is statutorily prescribed by the Political subdivision Tort Claim Act, 42Pa.C.S.A.§ 8542, et seq.

SECTION 6 – ASSIGNMENT The vendor shall not assign the Contract or sublet it as a whole or in part without the written consent of the Lehigh-Northampton Airport Authority, nor shall the vendor assign any monies due or to become due to him hereunder, without the previous written consent of the Lehigh-Northampton Airport Authority. In the event it becomes necessary for the Vendor to assign or sublet this agreement, either in part or in its’ entirety, the Vendor shall notify the Authority of the action in writing and obtain written consent from the Authority no less than sixty (60) calendar days prior to the commencement of the assignment.

SECTION 7 – TERM OF CONTRACT The Contractor shall furnish and perform all services and contract requirements as set forth in the Specifications for one (1) term. The term shall commence on October 28, 2019 and expire on March 31, 2020. SECTION 8 – REJECTION OF PROPOSALS The Lehigh-Northampton Airport Authority may refuse to consider any proposal which is not based on these instructions, which contains any letter or written memorandum qualifying same, which is not properly signed, or which is not accompanied by the proper proposal documentation. The Authority reserves the right to waive any informality in any proposal, to determine the qualifications of all Contractors and/or to accept or reject any or all proposals, as it deems to be in the Authority’s best interest.

SECTION 9 – PERFORMANCE BOND The successful Proposer will be required to provide security in forms satisfactory to the Authority Solicitor consisting of either a performance bond or irrevocable letter of credit. All Bonds shall be secured by a guaranty or Surety Company listed in the latest edition of the U.S. Treasury Circular 570, and the bond amount must be within the

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maximum amount specified for such company in Circular 570. The Performance Bond will be in the amount of $25,000. SECTION 10 – CONTRACT DOCUMENTS

The Contract documents shall consist of the following, all of which are part of the Contract between the parties as though repeated herein or attached hereto:

a. Advertisement for Proposals for Snow Removal Services b. Request for Proposals for Snow Removal Services c. Contractor’s Proposal for Snow Removal Services d. Snow Removal Services Agreement (See Appendix One) e. Certificates of Insurance

SPECIFICATIONS AND

SCOPE OF WORK

Airport Authority Properties Requiring Snow Removal Services The following Authority owned properties will require snow removal services for each snow event after notification has been given by the Airport Authority to commence operations: 1. The ATCT Facility (Tower) parking lot and sidewalks. All areas of the parking

facility are to be cleared. This shall include spaces, aisles, and entrance and exit lanes. All pedestrian walking surfaces and pathways are to be cleared completely and treated with potassium chloride as supplied by the Authority.

2. Hangar #2 parking lot, to include all aisles, spaces, entrance and exit lanes. All

pedestrian walking surfaces and pathways must be cleared completely and treated with potassium chloride as supplied by the Authority.

3. Hangar #3 parking lot, to include all aisles, spaces, entrance and exit lanes. All

pedestrian walking surfaces and pathways must be cleared completely and treated with potassium chloride as supplied by the Authority.

4. Hangar #7 & #10 parking lots, to include all aisles, spaces, entrance and exit lanes.

All access roads entering and exiting these facilities must also be cleared. All pedestrian walking surfaces and pathways must be cleared completely and treated with potassium chloride as supplied by the Authority.

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5. Hangar #9 parking lot, to include all aisles, spaces, entrance and exit lanes. This also includes the rear parking area of Hangar #9 which is fenced in and requires escorted access by Airport Authority personnel. All pedestrian walking surfaces and pathways must be cleared completely and treated with potassium chloride as supplied by the Authority.

6. 995 Postal Road parking lot to include all aisles, spaces, entrance and exit lanes. All

pedestrian walking surfaces and pathways must be cleared completely and treated with potassium chloride as supplied by the Authority.

7. 997 Postal Road parking lot to include all aisles, spaces, entrance and exit lanes. The

entrance drive for this facility is located on Postal Road on the east side of 999 Postal Road. The entire driveway from Postal Road to the yard at the rear side of the facility must be cleared. The yard in the rear of the facility must also have all ramps to the overhead doors cleared. All pedestrian walking surfaces and pathways must be cleared and treated with potassium chloride as supplied by the Authority.

8. The parking lot located adjacent the air cargo ramp at 951 Postal Road at Gate 39. The lot shall be cleared in the same manner as all other parking facilities listed herein. This area will also include the driveway from Postal Rd. to the parking lot and the immediate area in front of vehicle gate #40 entering the cargo ramp.

9. Pedestrian walking surfaces and pathways at Race Street and 10th Street, and 14th

Street at the Schlecker School in Catasauqua are to be cleared and treated with potassium chloride as supplied by the Authority.

Airport Terminal and Parking Lots The sites listed below are referred to as the Landside Operations and will require snow removal services when requested by the Airport Authority. The Contractor’s employees may be working in conjunction with Airport Authority Maintenance Department personnel. The Contractor’s employees may be requested to operate Airport Authority snow removal equipment. The Contractor’s employees are not authorized to operate Authority owned equipment unless specifically requested to do so by the Authority’s representative. The Contractor may be assigned to specific areas, or may be required to perform snow removal in all areas contingent upon the Airport Authority’s requirements.

1. All roadways, entrances, exits, and access points which are a part of, or support the

terminal area operation.

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2. The long and short term parking lots, including all spaces and aisles, the toll plaza driveways, exit lanes, entrance drive and parking equipment lanes and surfaces immediately adjacent to parking operations dispensing and revenue equipment. All pedestrian walking surfaces and pathways areas are to be completely cleaned and treated with potassium chloride as supplied by the Authority.

3. The employee parking lot (“A”) located within the Economy parking lot, to include

all aisles, spaces, entrance, and exit lanes. All pedestrian walking surfaces and pathways areas are to be completely cleaned and treated with potassium chloride as supplied by the Authority.

4. The employee parking lot (“E”) adjacent to the west end of the terminal building to

include all aisles, spaces, entrances and exit lanes. All pedestrian walking surfaces and pathways areas are to be completely cleaned and treated with potassium chloride as supplied by the Authority.

5. The economy parking lot, to include all aisles, spaces, access roadways, toll plaza

lanes, exit lanes, and parking equipment lanes. This area will also require snow removal at all shuttle bus stops throughout the parking lot. Snow will be removed from all the concrete surfaces in and around the shelters and treated with potassium chloride. (Note: This lot is currently not in use and will be cleaned only when a request is made by the Authority’s representative.)

6. The Rental Car Ready lot, to include all aisles, spaces, access roadways, exit lanes,

and pedestrian walkways. The aisles between the parked vehicles are pedestrian walkways and are to be cleaned completely and treated with potassium chloride as supplied by the Authority.

7. The Rental Car Return lot, to include all aisles, spaces, access roadways, exit lanes,

and pedestrian walkways. The area between the rows of parked vehicles are pedestrian walkways and must be kept clear and treated with potassium chloride.

8. The Rental Car Overflow lot to include all aisles, spaces, access roadways, entrance

and exit lanes. All pedestrian walking surfaces and pathways areas are to be completely cleaned and treated with potassium chloride as supplied by the Authority.

9. Bus passenger parking lot. 10. Bus loop roadway and bus parking slips. 11. Covered sidewalks in Multimodal Project Area. Snow will be removed from all the

concrete surfaces in and around the shelters and treated with potassium chloride.

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12. Any additional areas that are identified by the Authority’s representative. Snow Removal Materials All materials to be used in the process of snow and ice control, i.e. rock salt, anti-skid, and potassium chloride for pedestrian walking surfaces and pathways shall be supplied by the Airport Authority. Rock Salt and anti-skid will be supplied and applied by the Airport Authority’s Maintenance Department at all Airport Authority owned properties. The Contractor will be required to pick up potassium chloride at the Airport at an area designated by the Maintenance Department. This material is to be applied by the Contractor on the pedestrian walking surfaces and pathways at the properties which are listed under Airport Authority Properties items number 1 through 7. Potassium chloride shall also be applied on Landside surfaces as directed by the Airport Authority’s representative. The Contractor shall keep an accurate accounting of all potassium chloride used during the course of each winter event. This inventory shall be reported on the invoices issued by the vendor as a total of the number of bags of material dispensed in each area for the winter weather event. Method of Snow Removal 1. The Airport Authority’s representative will notify the Contractor via telephone when

snow removal services are required. The Contractor is required to submit a list, with telephone numbers, of the appropriate personnel that are to be contacted to initiate the snow removal process. The Contractor must be available 7 days per week and 24 hours per day. Upon notification the Contractor shall have a maximum of two hours to have equipment and personnel on site to begin snow removal.

2. Snow removal services at the Lehigh Valley International Airport shall be continuous

from the time the Contractor arrives on site until such time as all surfaces as described in the technical specification are free of snow and ice so as to allow for the safe movement of vehicles and persons throughout these areas. Snow removal operations are to be carried out on a 24-hour basis if necessary until the snow event has ceased. Surfaces shall not be permitted to accumulate a snow depth greater than 1” between each snow removal cycle. Snow removal services shall be performed by qualified, competent, efficient, and discreet personnel in a professional manner so as to minimize the risk of injury to persons and damage to vehicles or property. If for any reason, whatsoever, the Airport Authority in its sole discretion, determines that the performance by any employee of the Contractor is not in accordance with the above standards, the Contractor shall immediately relieve such employee from performing his/her duties at the facility and shall immediately substitute another employee.

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3. All equipment must have current vehicle registration and Pennsylvania State inspection where required. Vehicle operators must have a valid state motor vehicle operator’s license and have it on their person any time they are performing snow removal services for the Airport Authority on any Airport property. Any person who will be operating a vehicle which requires a Commercial Driver’s License (CDL) must be in possession of the same when operating the equipment for the Airport Authority and on the Airport’s property. All equipment will be required to have a properly operating amber safety beacon and back-up alarm.

4. Members of the Lehigh Northampton Airport Authority staff will conduct direct

oversight of the snow removal operations with one member of the Contractor’s staff to be in contact with and responsible to the Authority’s representative. The authorized representative from the Airport Authority shall be capable of directing the activities of the Contractor’s employees and equipment through the Contractor’s representative, in order to achieve the optimum results. Employees of the Lehigh-Northampton Airport Authority Maintenance Staff may at any time, perform snow removal on any of the Airport’s property in conjunction with the Contractor, or in lieu of the Contractor’s services.

5. All parking lots are to be cleared in such a manner so that the vehicles in these lots are

able to exit spaces readily. Snow is not to be plowed behind or under vehicles. All unoccupied parking spaces are to be cleared of snow. All aisles are to be kept open and passable. Stockpiling of snow shall be coordinated with the Authority’s representative. Snow may only be stored in authorized areas. Should it become necessary due to heavy snow accumulations, the Airport Authority may require the Contractor to remove and haul snow to remote locations on the Airport for disposal.

6. All pedestrian walking surfaces and pathways areas are to be cleared to their full

width and length, and curb areas are to be cleared as well. The Contractor shall be responsible for the direct supervision of the personnel who are performing pedestrian walking surfaces and pathway cleaning.

7. In any situation where the Contractor encounters icy or slippery conditions the same

shall be reported to the Airport Authority’s representative. The Airport Authority’s Maintenance Staff shall be responsible to treat these and any other areas with anti-icing, anti-skid, or rock salt materials. These areas are exclusive of any areas that have been identified in the specifications to be the Contractor’s responsibility.

9. The Contractor shall not leave the Authority’s property until such time as all required

work has been satisfactorily completed at the sole determination of the Authority.

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Equipment List

The Contractor shall include, with the PROPOSAL, a complete list of all equipment that will be dedicated solely to the performance of snow removal services for the Airport Authority during the two (2) terms of this agreement. This list shall give the type of equipment, capacity if applicable, year and condition. At a minimum the contactor must be capable of deploying the following types and numbers of equipment, with operators, for the purpose of snow removal for both the Airport Authority Properties and the Airport Terminal and Parking Lots (Landside Operations).

Type of Equipment Number Required Four wheel drive Pickup Truck with snow plows Six (6) Four wheel drive Backhoe Four (4) Four wheel drive Dump Truck (7-10 ton rating with snow plow) One (1) Walk-behind Snow Blower (24” Rotary) Two (2) Tri-Axle Dump Trucks Three (3) Available Personnel

The Contractor shall include, with the PROPOSAL, the total number of qualified personnel that are available to perform Snow Removal Services for the Airport Authority for the two (2) terms of the agreement. The number of available personnel shall include sufficient personnel to operate all necessary snow removal equipment. It shall also indicate the numbers of personnel available to remove snow from the pedestrian walkways and pathways as listed in the scope of work.

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LEHIGH NORTHAMPTON AIRPORT AUTHORITY Lehigh Valley International Airport

3311 Airport Road Allentown, PA 18109

PROPOSAL FORM

Proposal to Furnish “Snow Removal Services” at the

Lehigh Valley International Airport Steven L. Connors, Director of Operations & Safety Lehigh-Northampton Airport Authority 3311 Airport Road Allentown, PA 18109 The undersigned Contractor hereby certifies that he/she has fully acquainted

themselves with the General Instructions and Information to Contractors, specifications and all contract documents and requirements and agrees to furnish, as specified, Snow Removal Services at the Lehigh Valley International Airport for the terms of the agreement as established in Section 7 of the General Instructions.

NOTE 1: ALL PROPOSALS WILL BE EVALUATED BASED ON THE FOLLOWING THREE CRITERIA:

a. Equipment List b. Available Personnel c. Hourly Rate

NOTE 2: ALL HOURLY RATES ARE TO INCLUDE EQUIPMENT AND OPERATOR, OR LABOR ONLY, AS STIPULATED IN THE ITEMS BELOW. ALL ADDITIONAL EXPENSES INCLUDING FUEL, SERVICE AND REPAIRS ARE THE RESPONSIBILITY OF THE CONTRACTOR. NO PAYMENT WILL BE MADE FOR DOWN TIME ON ANY EQUIPMENT.

Item 1: FOUR WHEEL DRIVE PICK UP TRUCK with PLOW .................. $_______/hr. Item 2: FOUR WHEEL DRIVE BACKHOE ................................................. $_______/hr. Item 3: TEN TON DUMP TRUCK with PLOW ............................................ $_______/hr. Item 4: RUBBER TIRE FRONT END LOADER

with 4 cu.yd. BUCKET ...................................................................... $_______/hr. Item 5: WALK BEHIND SNOW BLOWER (24” Rotary) ............................. $_______/hr.

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Item 6: HOURLY RATE FOR LABORERS ONLY ....................................... $_______/hr. Item 7: HOURLY RATE FOR EQUIPMENT OPERATORS ........................ $_______/hr. TOTAL HOURLY RATE FOR ITEMS ONE (1) THROUGH SEVEN (7) ............................................................. $________/HR. HOURLY RATE FOR TRI-AXLE DUMP TRUCK ....................................... $_______/hr. (to be used only in the event it becomes necessary to haul snow to overflow areas) Respectfully submitted: ______________________________________ (Name of Company) ______________________________________ (Signature) ______________________________________

(Printed Name and Title) Address and Telephone: ______________________________________ ______________________________________ ______________________________________

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APPENDIX ONE SNOW REMOVAL SERVICES AGREEMENT

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SNOW REMOVAL SERVICES AGREEMENT

This Agreement, is made and entered this _____ day of __________, 2019 between LEHIGH-NORTHAMPTON AIRPORT AUTHORITY, a municipal authority organized under the laws of the Commonwealth of Pennsylvania, with its offices at 3311 Airport Road, Lehigh Valley International Airport, Allentown, PA 18109 (hereinafter the “Authority”), and with a business address of ______________________. WHEREAS, on or about______________ the Authority issued a Request for Proposals (“RFP”) For Snow Removal Services for the Lehigh-Northampton Airport Authority (A true and correct copy of the RFP is attached hereto as Exhibit “A” and incorporated herein as if set forth at length); and WHEREAS, the RFP included General Instructions, Information, Requirements, and Specifications applicable to this Agreement; and WHEREAS, by way of a Proposal Response dated ______________Contractor submitted a proposal for Snow Removal Services to the Authority (hereinafter referred to as the “Contractor Proposal”) (A true and correct copy of Contractor’s Proposal is attached hereto as Exhibit “B” and incorporated herein as if set forth at length); and WHEREAS, the Authority and Contractor are desirous of entering into a contract, one with the other, for snow removal services at the Lehigh Valley International Airport NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants contained herein, and intending to be legally bound, agree as follows:

ARTICLE 1 SCOPE OF SERVICES/CONTRACT DOCUMENTS

1.01 The Contractor shall furnish snow removal services in accordance with the

terms, conditions, specifications and provisions specified in the Contract Documents which are incorporated herein as if set forth at length. “Contract Documents” shall include: (1) this Agreement; (2) the RFP (Exhibit A); and (3) Contractor’s Proposal (Exhibit B). In the event any Contract Documents shall conflict, the terms and conditions of this Agreement, then the RFP, then Contractor’s Proposal shall govern. Any service not expressly covered by this Agreement must receive prior written approval from the Authority before any work is performed. 1.02 Notwithstanding anything to the contrary in this Agreement, nothing contained herein shall require the Authority to purchase or rent additional materials,

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equipment and/or supplies from the Contractor, which shall be obtained in accordance with applicable laws, rules or regulations, including procurement laws.

ARTICLE 2 TERM

2.01 There shall be one (1) contract term for this Agreement. The Term shall be from October 28, 2019 to March 31, 2020.

ARTICLE 3 PAYMENT

3.01 Contractor shall receive and accept the compensation for the performance

of this Agreement in accordance with the prices stipulated in Contractor’s Proposal and in the manner provided in the Contract Documents. Invoices shall be submitted to the Authority on a monthly basis for the work performed in the prior month and shall be accompanied by detailed documentation or data in support of the expenses for which payment is sought. Upon receipt of the invoice and, provided the Authority does not dispute the said invoice, payment shall be due thirty (30) days after the date of the invoice.

ARTICLE 4 INSPECTION

4.01 The Authority may, at its sole discretion, withhold payment to Contractor in the event that it is determined the Contractor has not met the minimum requirements as set forth in the Contract Documents.

ARTICLE 5 COMPLIANCE WITH LAWS, SAFETY, SECURITY, USE OF PREMISES AND

COORDINATION WITH AUTHORITY

5.01 Contractor’s services provided hereunder shall at all times be undertaken in full compliance with all federal, state and local laws and regulations, including the regulations of the Federal Aviation Administration, Transportation Security Administration and the Authority. Authority shall give notice to Contractor if it becomes aware of or is notified of any possible violation. Notwithstanding anything to the contrary in this Agreement, the Authority may immediately terminate this Agreement in the event the Authority determines, in its discretion, that Contractor is not in compliance with any law or regulation.

5.02 Contractor, its agents, servants, employees, representatives, contractors, invitees and licensees shall not use Airport or facilities thereon so as to interfere with or

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be a hazard to the movement of aircraft to, from, over or about Airport or the navigation and communication facilities at present or in the future serving Airport. 5.03 Before gaining access to the Air Operations Area or other secured area, if necessary, Contractor, its agents, servants, employees, representatives, contractors, invitees or licensees shall obtain an appropriate Airport Identification and Access Control Badge. Persons not having such a Badge shall enter these areas only when escorted by an authorized person, as outlined in the Authority’s Rules and Regulations which are incorporated by reference herein. 5.04 Contractor, its agents, servants, employees, representatives, contractors, invitees or licensees must obtain prior permission to operate a vehicle in the Air Operations Area, or other secured areas, from the Authority’s Operations & Safety Department. 5.05 If deemed necessary by the Authority, Contractor’s employees will be required to obtain identification badges from the Director of Operations and Safety office as needed to perform their duties on the Airport in full compliance with Transportation Security Administration rules or regulations. Upon execution of the Agreement the Contractor shall schedule a meeting with the Authority’s Director of Operations and Safety to effectuate the same. Authority will charge Contractor a nominal fee to cover costs of producing the identification badges and performing required background checks. Contractor and its employees must at all times adhere to Airport Security rules prescribed by Authority. 5.06 Contractor acknowledges that the security status of the Airport is subject to change without notice. Should the security status or the security requirements of the Airport change at any time during the term of this Agreement such that this Agreement is impacted, a written notice shall be issued to the Contractor detailing all applicable security modifications and the Contractor shall take immediate steps to comply with those security modifications. 5.07 Contractor shall keep existing driveways and entrances serving the Airport clear and available to Authority employees and customers at all times. Contractor shall not use these areas for parking or storage of materials. Contractor shall lock automotive type vehicles such as cars and trucks to prevent unauthorized use. Contractor shall not leave vehicles or equipment unattended with the motor running or the ignition key in place. 5.08 Contractor shall comply with all requirements and standards of the Occupational Safety and Health Act, as may be amended, as well as the requirements of the Pennsylvania Department of Labor and Industry and Pennsylvania Department of

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Environmental Protection, including with respect to accident prevention and health safeguards. 5.09 If, at any time during the execution of the services required hereunder, the Contractor or his personnel engage in practice which the Authority regards as unsafe, notice shall be given to the Contractor which shall require the suspension of all affected activity under satisfactory remedial action is taken. 5.10 Notwithstanding anything to the contrary contained in this Agreement, no services or directions by the Authority shall relieve the Contractor from his responsibilities for supervision and compliance with applicable safety and health laws and regulations. The Contractor has sole and absolute responsibility for safety and compliance with applicable laws and regulations.

ARTICLE 6

REPRESENTATION AND WARRANTIES

6.01 By executing this Agreement, the Contractor makes the following representations and warranties to the Authority:

A. The Contractor is professional qualified to provide snow removal services and to perform the services required hereunder and is licensed by all public entities having jurisdiction over Contractor for this Agreement; B. The Contractor shall at all times maintain all necessary licenses, insurances, certifications, permits or other authorizations necessary to perform the services required under this Agreement; and C. The Contractor shall at all times perform the services required hereunder in a good and workmanlike manner.

ARTICLE 7 INDEMNIFICATION

7.01 To the fullest extent provided by law, Contractor shall indemnify, defend

and hold harmless the Authority, its Board of Governors, officers, directors, employees, agents, servants, assigns and affiliates (hereinafter “Indemnified Parties”) from and against any and all suits, actions, claims (actual or threatened), damages, liabilities, losses, fines, penalties, diminution in value, and expenses, including but not limited to legal fees (including those incurred to enforce the Indemnified Parties right to defense and indemnity hereunder), costs of investigation and surveillance, medical treatment, expert witness fees, travel and accommodations, filing fees and all other associated costs, whether or not involving a third party claim, arising out of or in any manner connected to

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the acts or omissions of Contractor and their agents, servants, employees, subcontractors or anyone directly or indirectly employed by them or for whose acts or omissions they may be legally liable, regardless of whether or not such damages, liabilities, losses, fines, penalties, diminution in value and expenses are caused or alleged to be caused in part by the Indemnified Parties.

7.02 It is expressly agreed that the defense and indemnification contained in this Agreement contemplates claims against the Contractor or their agents, servants, employees, subcontractors or assigns. It is further expressly agreed that Contractor agrees to indemnify the Indemnified Parties from and against any and all suits, actions, liabilities, losses, claims, damages, and expenses including, without limitation, costs of investigation and defense, expert witness fees, legal fees (e.g. fees of attorneys, paralegals and other legal professionals), legal fees incurred in establishing the right to indemnity, expenses and diminution of value, resulting from or alleged to result from the Indemnified Parties own negligence; except that Contractor shall not be responsible to the Indemnified Parties on indemnity for losses caused by or resulted from the Indemnified Parties sole negligence. It is also expressly agreed that any defenses raised by the Indemnified Parties to allegations of its independent fault averred to by any party, including but not limited to the Contractor, shall in no way restrict or prejudice its ability to obtain indemnification for any of its damages, costs, fees or legal expenses described herein. 7.03 It is expressly agreed that the indemnification contained in this Agreement also contemplates claims arising from any violation of Contractor of any municipal, state, or federal laws, rules, or regulations applicable to the performance of its obligations under this Agreement.

7.04 If the conduct of Contractor, its agents, servants, employees, representatives, contractors, invitees or licensees results in a prohibited incursion into the Air Operations Area, or in a breach of the safety or security of that Area, the Security Identification Display Area, the Restricted Area or any other secured or sterile area, and such incursion or breach results in a civil penalty action being brought against Authority by the United States of America, Contractor shall keep, save, indemnify, hold harmless and/or reimburse Authority for all costs incurred by it in defending against that action, including without limitation attorney fees and any civil penalty assessed against or agreed to by it in settlement of that action. These costs shall also include without limitation those incurred or paid as a result of a violation or alleged violation of 49 CFR Part 1542.

7.05 The defense and indemnification includes all costs incurred by the Authority associated with compliance with any subpoena(s) for documents, sworn testimony or for any other purposes relating to the this Agreement including, but not limited to, then-existing standard fees for consulting, deposition and trial testimony and all expenses related thereto. Costs further include, but are not limited to, hourly

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personnel charges, transcript costs, filing fees, witness fees, telephone charges, postage, delivery service fees, travel and accommodations, expert witness fees, advice of counsel and all other reasonable associated costs.

7.06 Contractor expressly agrees that this Article shall apply regardless of the legality or compliance of the conduct of Contractor, its agents, servants, employees, representatives, contractors, invitees or Contractor under or with any law, including without limitation the terms herein and Authority’s Rules and Regulations, minimum standards and directives.

7.07 Authority agrees to reasonably cooperate fully with Contractor in any investigation, claim or proceeding involving Contractor, whether such investigation, claim or proceeding is initiated by the Authority, a government agency, or Contractor. 7.08 Contractor expressly agrees that this Article shall survive the termination of this Agreement.

ARTICLE 8 NON-DISCRIMINATION

8.01 Contractor for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: A. No person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination during the performance of Contractor’s services. C. In the event that Contractor shall require to use the Airport in performance of its services, Contractor shall use the Airport in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964", and as said regulations may be amended. The Authority reserves the right to take such action as the United States government may direct to enforce this covenant.

D. This Agreement is subject to the requirements of the U.S. Department of Transportation’s regulations, 49 CFR Part 23. Contractor agrees that it will not discriminate against any business owner because of the owner’s race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23.

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E. Contractor agrees to include this statement in any subsequent agreement or contract covered by 49 CFR Part 23, that it enters and cause those businesses to similarly include the statements in further agreements. 8.02 In the event of breach of any of the above non-discrimination covenants, the Authority shall have the right to terminate the Agreement as if said Agreement had never been made or issued.

ARTICLE 9– SUBORDINATION & AIRPORT DEVELOPMENT

9.01 This Agreement shall be subordinated to the provisions of any law, statute,

ordinance, regulation and requirement of any federal, state or local government and/or any existing or future Agreement between the Authority and the United States of America or the Commonwealth of Pennsylvania, relative to the operation and maintenance of the Airport or which the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for the development of said Airport. In this event this Agreement conflicts with or violates any provision of any law, statute, ordinance, regulation or requirement of any federal state or local government or any existing or future Agreement between the Authority and the United States of America or the Commonwealth of Pennsylvania then this Agreement may be terminated by the Authority without liability of either party. 9.02 Notwithstanding any other provision of this Agreement, the Authority shall not be obligated for Contractor’s performance hereunder or by any provision of this Contract during future fiscal years unless funds for this Agreement have been appropriated by the Authority. In the event that funds are not appropriated for this Agreement, then the Authority may terminate this Agreement upon written notice to Contractor without further liability.

ARTICLE 10

NO PERSONAL LIABILITY

10.01 No elected official, director, board member, officer, agent or employee of the Authority shall be charged personally or held contractually liable by Contractor under any term or provision of this Agreement.

ARTICLE 11 DEFAULT AND TERMINATION

11.01 This Agreement may be immediately terminated upon the occurrence of

any one of the following events during the term of this Agreement:

A. In the event the Contractor shall fail to carry out the terms and conditions of the Agreement or shall fail to substantially perform the services required

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under this Agreement, the Authority may declare the Contractor in default and, upon ten (10) days advance notice to the Contractor, cancel this Agreement and terminate the Authority’s obligations hereunder. The Authority may, in its sole discretion, have the snow removal services performed by another Contractor, and the cost and expense of the same shall be deducted from any amount which may be due and owing to the Contractor hereunder or if said amount shall be greater than any amount which may be due to Contractor then Contractor agrees to pay the Authority the excess thereof and, if the Authority does so elect to acquire Snow Removal Services from another vendor upon the default of Contractor, then the Authority shall have the additional right at any time thereafter to cancel and bring to an immediate end this Agreement.

B. If Contractor becomes insolvent, files a petition for bankruptcy, ceases

operations, or otherwise fails to provide the services as agreed herein.

ARTICLE 12 INDEPENDENT CONTRACTOR/THIRD PARTY BENEFICIARIES

12.01 The status of the Contractor in his work to be provided under this Agreement is that of an independent contractor. Nothing in this Agreement shall be construed to create or to imply an agency relationship of employee and employer between Contractor and Authority or any officer, employee, agent or representative of Contractor and Authority, and it is the intention and purpose of the parties that Contractor, its officers, employees, agents and representatives, shall, at all times and for all purposes, be considered as and be an independent contractor. As such, the work, in every respect, from execution of the Agreement and during progress thereunder, and until completion, shall be under the charge, care and supervision of the Contractor at Contractor’s sole risk. Contractor shall properly safeguard against any or all injury to the public, to public and private property, materials and things, and, as such, the Contractor alone shall be responsible for any and all damage, loss or injury to persons or property that may arise, or be incurred in, or during the conduct or progress of said Agreement, without regard to whether the Contractor, his subcontractors, agents, or employees, have been negligent. 12.02 Contractor acknowledges and agrees that it is not the intention of this Agreement to confer a third party beneficiary right of action upon any person whatsoever and nothing hereinbefore or hereinafter set forth shall be construed so as to confer upon any person other than the Authority a right of action either under the Agreement or in any manner whatsoever, except that nothing herein contained shall effect the rights conferred upon any person whatsoever by the terms of any labor or materialmen’s bond required by law of by the Agreement.

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ARTICLE 13 NOTICE

13.01 All notices and consents required or permitted under this Agreement shall be in writing and given by recognized reputable overnight courier or by United States certified mail, return receipt requested, addressed as follows: To Authority: Executive Director Lehigh-Northampton Airport Authority Lehigh Valley International Airport 3311 Airport Road Allentown, PA 18109 To Contractor: All notices shall be deemed to have been duly given upon actual receipt or refusal, as applicable. Either party, by notice given as above, may change the address to which future notices or copies of notices may be sent. Counsel for either party may give notice on such party’s behalf.

ARTICLE 14 MISCELLANEOUS

14.01 Applicable Law/Not Construed Against Drafter. This Agreement is made,

entered into and intended to be performed in the Commonwealth of Pennsylvania, and shall in all aspects be interpreted and governed under the laws of the Commonwealth of Pennsylvania. The parties hereby consent to the venue and jurisdiction of any federal or state court of Lehigh County, Pennsylvania or the Eastern District of Pennsylvania in any action brought to enforce the terms of this Agreement. The parties irrevocably and unconditionally submit to the jurisdiction (both subject matter and personal) of any such court and irrevocably and unconditionally waive: (a) any objection any party might now or hereafter have to the venue in any such court; and (b) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.

The Authority and Contractor agree that the language of all parts of this Agreement shall be construed as a whole, according to its fair and plain meaning. The

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parties agree that any questions regarding the interpretation of the language of this Agreement shall not be interpreted against the drafter. 14.02 No Assignment. This Agreement, the rights granted hereunder, and the locations provided shall not be assigned, transferred, sublet or otherwise disposed of without the advance written approval of the Authority which may be granted or denied in the Authority’s sole discretion. 14.03 Severability. Should any provision of this Agreement be held to be illegal, void or unenforceable such provision shall be of no force and effect. However, the illegality or unenforceability of any such provision shall have no effect upon, and shall not impair the enforceability of any other provision of this Agreement which shall remain in effect.

14.04 Waiver. No waiver by either party of any default or violation or breach of any terms, provisions or covenants contained in this Agreement shall be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions and covenants of the Agreement. Forbearance by either party to enforce one or more of the remedies provided in this Agreement or by law on an event of default shall not be deemed or construed to constitute a waiver of such default. 14.05 Authorization. The persons executing this Agreement hereby represent and warrant that they have carefully read this Agreement, and that they have the full right, power and authority to sign this Agreement. 14.06 Entire Agreement/Amendments. This Agreement contains the complete and entire understanding between the Authority and Contractor, and no other promises or agreements shall be binding unless signed by both. The parties further agree that this Agreement fully supersedes any prior agreements or understandings between the parties, for which obligations remain in full force and effect. In signing this Agreement, the parties acknowledge that they are not relying on any fact, statement or assumption not set forth in this Agreement. The parties acknowledge that this Agreement shall be modified except upon the express signed written consent of both parties wherein specific reference is made to this Agreement. 14.07 Knowing and Voluntary. Contractor acknowledges that it has carefully read this Agreement and knows and understands its contents and that Contractor executes it as Contractor’s own free act and deed, and enters into the Agreement knowingly and voluntarily. Contractor acknowledges that it have been advised to consult with an attorney prior to executing this Agreement and have either done so or chosen not to do so.

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14.08 Headings. The headings to various clauses of this Agreement have been inserted for convenience only and shall not be used to interpret or construe the meaning of the terms and provisions hereof. 14.09 Gender and Number. The use of any gender herein shall include all genders, and the use of any number shall be construed as the singular or the plural, as the context may require. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

SNOW REMOVAL SERVICES LEHIGH-NORTHAMPTON AIRPORT AUTHORITY: By: _____________________________ By: _____________________________ Name: Name: Thomas R. Stoudt Title: Title: Executive Director ATTEST: ATTEST: Name:____________________________ Name:___________________________ Signature: _________________________ Signature: _______________________