CHANGE - The proposal due date will be January 6, 2016 at 2:00PM (Local Time) Q1. You show the compactor at the south loading dock as being hauler owned. We are not charging you a monthly rental. That compactor is yours as well. R1. This was a typo. See Revised Service Equipment and Locations Exhibit and Proposal Form. Q2. At Cecil Airport Hangar 13, there are currently 2-8yd dumpsters for trash and one 8yd dumpster for cardboard. The bid sheet indicates that there are two 8yds for trash and one 8yd compactor for trash. There is not a compactor there. I am not sure what your intentions are. Are we eliminating the recycle can and adding a compactor for trash? R2. This was a typo. See Revised Service Equipment and Locations Exhibit and Proposal Form. Q3. Section 3.05, Page 22: Does the RFP require new equipment? R3. No. Q4. Section 1.07, Page 6: Is there a page limit for the RFP Final? R4. No. Q5. Does JAA require an entry badge for the haulers personnel to enter each facility? If so, is there a cost associated with this requirement? R5. No. Q6. For containers located behind secured access, would the proposer be able to provide any anticipated downtime the haulers personnel may encounter on property? R6. JAA cannot provide any specific anticipated downtime. Service areas include airplane runway access therefore there is potential downtime as aircraft have the right away at all times and must be in a safe distance away from all other vehicles before services can be provided. Q7. Section 3.03, Page 22: Would JAA be willing to accept a stationed trailer on property for stored baled cardboard? R7. No. Q8. Section 3.03, Page 22: How many 96 gallon carts did the current hauler replace in the 5 year contract? R8. JAA has replaced all 96 gallon carts once during the five year contract. Q9. Would JAA be willing to provide a service history report of when the on call compactors and roll-off s were pulled for the last 3 months? R9. Service history JIA only Concourse A-8 times in three months, Concourse B-4 times in three months, Concourse C-8 times in three months, Airside-4 times in three Addendum No. 2-1 of 6
months, South Loading- 3 times in three months and Surface Lot, Row D-2 times in three months. Q10. Section 3.05(D): Do we need to supply a record of repairs for Republic owned equipment? R10. It is not a requirement of the RFP response. As stated in Article 1.07, Respondent should submit any information thought to be relevant. Q11. Section 2.04, Page 12: Can the indemnity obligations of Republic be limited to only sole negligence and willful misconduct of Republic? R11. JAA is in agreement with this modification. Q12. Further, can the indemnity obligations be made reciprocal so that Customer indemnifies Republic as well? R12. As a sovereign of the State of Florida, JAA is precluded from accepting indemnification responsibility. Q13. Section 2.26, Page 19: Can the contract be terminated upon Customer s breach after Customer has the opportunity to cure that breach within a certain number of days? Further, we recommend that the hauler s waiver of any and all rights and remedies as mentioned in this Contract shall be deleted. (Also refer Section 3.05 (B), Page 22, Section 3.12, Page 24) R13. JAA may terminate the resulting contract for convenience, cause, or otherwise by giving the Contractor 30 days prior written notice. To the extent the Contractor breaches the resulting contract and the breach is curable and does not require immediate termination, the Contractor will be given a reasonable opportunity to cure; however, the timing of work required under this solicitation and resulting contract are strictly of the essence. In the event the Contractor should fail or otherwise refuse to perform the work contemplated in this solicitation in a timely manner, JAA reserves the right to have the same performed by a third party at the Contractor s expense. The damages provision of 2.26 remains unchanged. Q14. Section 3.09, Page 23: Would JAA consider to have the Contract include the concept of force majeure so that the hauler s performance is excused from events outside its control and unexpected occurrences such as weather conditions, strikes, labor disputes, change in law, excess debris resulting from storm or other acts of God, etc. should qualify as events of Force Majeure? R14. Yes. Contract language below will be added as provided below: Event of Force Majeure means an event beyond the control of the JAA and the Contractor, which prevents a either Party from complying with any of its obligations under this Contract, including but not limited to acts of God (including but not limited to weather related events, fires, explosions, earthquakes, and floods), war, hostilities (whether war be declared or not), riot, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Contractor of his Subcontractors, or acts or threats of terrorism. Addendum No. 2-2 of 6
Consequences of Force Majeure Event Neither the JAA nor the Contractor shall be considered in breach of this Contract to the extent that performance of their respective obligations, is prevented by an Event of Force Majeure that arises after the Effective Date. The Party (the Affected Party ) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party. If and to the extent that the Contractor is prevented from executing the Services by the Event of Force Majeure, while the Contractor is so prevented the Contractor shall be relieved of its obligations to provide the Services but shall endeavor to continue to perform its obligations under the Contract so far as reasonably practicable. In case of any delay or nonperformance caused by the above causes, the Party effected will promptly notify the other in writing within 10 business days of the nature, cause, date of commencement and the anticipated extent of such delay, and will indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be affected by that. Q15. Section 1.16, Page 9: Can the performance bond be renewed every year? (Also refer Section 3.15, Page 25)? R15. Yes. Q16. Section 2.03, Page 12: Per this section renewals of Contract options are solely available with Customer; however, per your response to the Customer Contract/RFP Review Request Form ( CRRF ), the hauler s consent should be required to any auto renewal in favour of Customer. Hence, we recommend modifying this section accordingly. (Also refer Section 5 of JAA Draft Contract, Page 43)? R16. JAA is in agreement to mutual consent for renewal; in the event of the vendor s decision not to renew, the vendor must provide JAA sufficient time to resolicit, award contract and transition period. JAA will require at least 120-day written notice of non-renewal from vendor. Q17. Further, we recommend that, the hauler should be given a cure period of at least (5) business days following written notice by Customer to cure its breach before terminating the Contract as specified under this section. (Also refer Section 2.12, Page 16-17, Section 3.17, Page 25 and Section 9 and 10 of JAA Draft Contract, Page 44) R17. With respect to unsatisfactory performance the Contractor will be given a cure period of five business days however the other solicitation and contract provisions will remain as written. Q18. Further, please note that the continuation of this Contract is subject to availability of funds to Customer. (Also refer Section 2.12, Page 17 and Section 10, Page 44) R18. No answer requested or provided. Addendum No. 2-3 of 6
Q19. Section 2.05, Page 13-14: Would JAA consider the following changes required in the insurance section: (Page 13) Deletion of words: nor Professional Liability from last line, Commercial General Liability (Page 13) Insertion of word except Worker s Compensation Insurance after the word Said Certificate(s) of Insurance in third line, Certificate(s) of Insurance (Page 13) Deletion of the words or non-renewal from third line, Certificate(s) of Insurance Deletion of words Right to Revise or Reject.coverage due from last paragraph of Page 13 in its entirety. R19. JAA is in agreement to (Page 13) Deletion of words: nor Professional Liability from last line, Commercial General Liability and Page 13) Insertion of word except Worker s Compensation Insurance after the word Said Certificate(s) of Insurance in third line, Certificate(s) of Insurance. JAA is not in agreement to (Page 13) Deletion of the words or non-renewal from third line, Certificate(s) of Insurance and Deletion of words Right to Revise or Reject.coverage due from last paragraph of Page 13 in its entirety. Q20. Section 2.06 (L), Page 15: It is our recommendation that the hauler should be liable to repair or replace any property only if damage is caused due to the hauler s sole negligence or willful misconduct with an exception to normal wear and tear caused pursuant to the services performed under this Contract. (Also, refer to Section 3.07, Page 23) Would JAA Consider changing the language in the RFP to represent the recommendation in Section 2.06 (L), Page 15. Further, please confirm if the reporting requirements as specified under this section acceptable from the business and an operational standpoint. (Also refer Section 3.02 (M), Page 21 and Section 3.05 (C), (D) and Page 22. R20. JAA is in agreement to the language referenced above only as it relates to section 2.06 (L) however the other solicitation and contract provisions will remain as written. Q21. Section 2.09, Page 16: We also recommend that the hauler should have the ability to charge interest if Customer does not timely pay hauler. Further please confirm if the provision for partial payments as specified in this section would be acceptable from a business and operational standpoint. We recommend that the hauler should be paid in full for the services provided. R21. JAA will pay consistent with its normal payment practices as outlined in RFP. Addendum No. 2-4 of 6
Q22. Section 2.13, Page 17: We recommend that the awarded hauler should have an absolute right of assignment of the Contract. Please advise if JAA would be open to language in the RFP/Contract addressing this concern? R22. No. An absolute right of assignment is not permissible. In evaluating the proposals received in response to this competitive solicitation, JAA will make an award in reliance upon the qualifications and information provided in response to the evaluation criteria. An absolute right of assignment could be used to usurp the competitive nature of this solicitation. Q23. Section 3.02, Page 20: Per this section, the hauler would be required to collect Yard Waste ; however, per your response to the CRRF, the hauler would be providing services pertaining to Municipal Solid Waste and Recyclables. Please confirm if the hauler would be required to collect Yard Waste. R23. There will be no collection of yard waste. Q24. Section 3.02 (J), Page 21: We recommend that Customer shall not have the right to deduct any amount from payments due to hauler. Would JAA consider removing this language from the RFP? (Also refer Section 3.05 (C), Page 22, Section 3.06, Page 23, Section 3.07, Page 23, Section 3.17, Page 25) R24. No. Q25. Section 3.02 (M), Page 21: Are Customer s rights to audit our records reasonable and appropriate? We recommend that Customer s right to audit be subject to include advance reasonable notice, a specific time frame for a look-back of the audit and appropriate limitations as to the scope and frequency. R25. No. This is a public solicitation that will result in a public contract that is subject to Florida s public records laws. Q26. Section 3.04, Page 22: Would JAA consider extending the special event request timeframe to 48 hours? R26. No. Q27. Acceptable Waste; Unacceptable Waste: The RFP response should include a detailed description of the type waste the hauler will collect and dispose of, along with definitions for waste that the hauler will not collect or dispose of such hazardous/unacceptable wastes. Our goal in using these definitions is to provide clarity and responsibility for hazardous/unacceptable wastes. Further, we recommend that the hauler must have the right to reject any waste containing hazardous/unacceptable waste at any time irrespective of delivery to, inspection by, and/or acceptance by the hauler. Customer, ownership and liability for such hazardous/unacceptable waste must survive the termination of this Contract. Would JAA consider the above verbiage in the proposed contract? R27. JAA is not agreeable to the above verbiage. JAA employees are trained as to the proper segregation of regular trash versus any substance that may be construed as Addendum No. 2-5 of 6
hazardous. Containers/dumpsters on JAA property are not secured or under total care, custody and security of JAA personnel at all times. JAA cannot guarantee or warrant the actions of individuals who are not JAA employees. JAA will inform our tenants of their responsibility to properly segregate and dispose of various waste streams. If the Contractor discovers improper or hazardous material in any JAA container/dumpster, the appropriate JAA Inspector will be immediately notified so that JAA may investigate the circumstance and possibly determine the source of the unauthorized trash. Q28. Representation and Warranties: Title to Waste: We recommend that Customer must confirm to the hauler that it will not provide the hauler with any hazardous/unacceptable waste for collection (or disposal). Further, we recommend that the hauler take title to waste when the hauler collects it, but the hauler should never take title to hazardous/unacceptable waste as title to hazardous/unacceptable waste must remain with Customer. R28. See response to Q27. Q29. Recyclables: Please note that per your response to the CRRF, the hauler would be collecting recyclables. Please provide a list of recyclables that the hauler would be required to collect and dispose of. R29. See Article 3.03, which list the type of recyclables to be collected and disposed. Q30. Contamination of Recyclables: Please note that, the RFP is silent on this issue of contamination and Republic is not protected in this regard. It is our recommendation shall be responsible for additional costs incurred if the recyclables are indeed contaminated and have to be diverted to an MSW landfill. Is this acceptable form an operation standpoint? We recommend that if there are any concerns with respect to contamination of recyclables, the Contract must mention such provision which would protect Republic from such contamination. R30. JAA is not agreeable to the above verbiage. Contaminated recyclables will be handled in accordance with lawful industry standards and best practices, which JAA will memorialize in the resulting contract after negotiating this and other contract provisions with the successful respondent to this solicitation. Negotiations will be handled pursuant to 3.06 of JAA s Procurement Code. Q31. Please provide the current solid waste and recycling rates for all the airports under JAA. R31. See attached current contract with pricing. The Question and Answer period is closed. Proposal Due Date is January 6, 2016 at 2:00PM (local time) Addendum No. 2-6 of 6