Addendum 2, RFP-006-27.pdf

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Louisville Regional Airport Authority

PURCHASING & PROCUREMENT

LOUISVILLE, KENTUCKY

Invitation No: RFP-006-27 Date: August 11, 2026 Addendum No: Two (2) Title: Occupational Health Services

The following shall clarify and/or modify the original Proposal Document(s) as issued by the Louisville Regional Airport Authority (the “Authority”). All information shall be collectively incorporated in part of the original Proposal Documents. Except as specifically added and/or revised by this Addendum all other conditions, provisions, and criteria within the original Proposal Documents are unchanged.

This first Addendum consists of five (5) pages involving the following information:

Acknowledgement of Addendum

Part 1. Questions received and the Authority’s response/stance

Part 2. Requested changes to the Proposal Documents/Draft Agreement and the

Authority’s response/stance

Proposer must acknowledge receipt of this and any addenda either with Proposal or by separate letter no later than 2:00 PM EST, August 17, 2026.

BY: John Wilson Procurement Support Specialist

Receipt Acknowledged:

(Company)

BY:

(Print) (Sign)

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Part 1. Questions received and the Authority’s stance.

1) Question: What is the anticipated start date should we be awarded this bid?

AUTHORITY: The Anticipated start date would be 9/01/2026.

Part 2. Requested changes to the Proposal Documents and the Authority’s response.

1) Proposal Document, General Conditions, page GC-3

i. Section V: Responsibilities of the Company, paragraph 5.9:

Confidentiality – The confidentiality of health care information generated shall be maintained in accordance with the provisions of the Health Insurance Portability and Accountability Act (HIPAA). Authorization will be granted to the Director of Human Resources or his/her designee, appointed by the Authority, for the release of information generated as a result of services provided by the Company. Records are to be stored and maintained at no additional cost to the Authority in a secure and confidential manner. Medical records should be kept indefinitely pursuant to all local, state, and federal requirements for such record retention applicable to the Company, and made available to the Authority’s Director of Human Resources or the designee.

All records related to services provided are the property of the Authority and shall be made available to the Authority should the Agreement be cancelled or expire. These records shall be obtainable within two weeks of cancellation or expiration at no additional charge to the Authority.

Authority’s Stance: Changes accepted and will carry over to Draft Agreement

ii. Section V: Responsibilities of the Company, paragraph 5.14:

Scheduling – The Company must be able to perform routine physicals within two days of request for appointment. Company must outline a scheduling and authorization process for routine and emergency services (phone, fax, electronic, etc.). The Company shall utilize best efforts to ensure that Authority employees should wait no longer than 30 minutes from the time of scheduled appointment to the start of Services.

Authority’s Stance: Changes accepted and will carry over to Draft Agreement

iii. Section VI, Insurance Requirements:

The Proposer agrees to carry and maintain, at its own expense, Public Liability insurance in the amount of $1,000,000 in single limit amounts for damage to property and injury to persons resulting from any one accident and Professional Liability (Errors and Omissions Medical Malpractice) in the amount of $1,000,000 in the single limit amount of not less than $1,000,000.00. Professional Liability insurance shall provide coverage for errors or omissions medical malpractice on the part of the Proposer arising out of, or resulting from, the performance of the Agreement. Proposer shall carry Workers’ Compensation and Employers Liability for the statutory amount. Such policy(ies) shall: (a) be issued by the Proposer or companies acceptable to the Authority, (b) name the Authority as an additional insured, except on the Workers’ Compensation and Professional Medical Malpractice Liability policies, (c) not be cancelled on less than 30 days prior written notice to the Authority, (d) be primary and

3 | P a g e noncontributory, and (e) waive all rights of subrogation against the Authority and its insurers. The Proposer shall provide the Authority with a certificate of insurance or such other evidence satisfactory to the Authority that such insurance is in effect.

Authority’s Stance: Changes accepted and will carry over to Draft Agreement

2) Draft Agreement, page DA-2

i. Section IV, Compensation, paragraph 4.1:

In consideration of the Services to be provided under this Agreement, the Authority shall pay the Company in accordance with the Proposal Prices set out in Attachment “A” entitled Proposal Pricing Form of the Proposal Documents, provided the total three-year cost shall not exceed $________. Compensation paid hereunder shall include all expenses of every kind and nature incurred by the Company. At the beginning of each twelve (12) month period of this Agreement, following the effective date, the fees set out in Attachment “A” for the prior twelve (12) month period shall be automatically increased by three percent (3%).

Authority’s Stance: Changes accepted

ii. Section VI, Performance Bond, paragraph 6.2:

The Performance Bond which may be drawn against by the Authority, shall constitute an agreed amount of documented incurred damages by the Authority in the event that (a) this Agreement is terminated by the Company prior to the expiration date without providing at minimum ninety (90) days’ written notice to the Authority, or (b) the Agreement is terminated by the Authority for default by the Company, or the Agreement is terminated by the Company for default of the Authority.

Authority’s Stance: Changes Accepted

iii. Section VII, Liquidated Damages

7.1 The Company acknowledges and recognizes that the Authority has a minimum service level expectation as outlined in these Agreement Documents. If the Company fails to provide the minimal required level of specified Services, the Authority is at risk of extensive loss of productivity. Therefore, the Company acknowledges and agrees that if the Company refuses or fails to comply with certain requirements there shall be deductions from monies due to the Company, not as a penalty, but as agreed liquidated damages, in sums set forth herein:

a. Failure to perform services within thirty (30) minutes of any scheduled appointment times will result in deductions in the sum of $100.00 per hour of additional time awaiting service.

b. Failure to provide screening results to the Authority in the timeframes specified herein will result in deductions in the sum of $100 per hour, up to a maximum of eight hours per day.

7.2 Such liquidated damages are hereby agreed to be a reasonable reimbursement of damages the Authority may incur as a result of Services not being performed. The Authority may deduct calculated liquidated damages from any unpaid amounts then or thereafter due to the Company under this Agreement. Any liquidated damages not so

4 | P a g e deducted shall be payable to the Authority by the Company upon demand by the Authority. Reserved.

Authority’s Stance: Changes accepted

iv. Section VIII, Termination, paragraph 8.1:

The Authority may terminate this Agreement immediately for default by written notice to the Company of such termination if the Company neglects to provide the Services properly, performs in an unsatisfactory manner, or fails to perform any provision of this Agreement. In the event of termination for default, the Authority shall have against the Company all remedies provided by law and equity. The Company shall have the right to terminate the Agreement for cause in the event the Authority is in default of its payment obligations under this Agreement and fails to cure the default within thirty (30) days of receiving written notice of the default from the Company.

Authority’s Stance: Changes accepted

v. Section XIII, Indemnification:

The Company shall, and shall cause any subcontractor to, assume responsibility for loss or damage to property or injury to persons resulting from, arising out of or associated with such subcontractor’s Services rendered pursuant to this Agreement, as well as for any claims made by or on behalf of such subcontractor’s agents, servants and employees arising out of their employment or work pertaining to the Services rendered pursuant to this Agreement. The Company shall, and shall cause any subcontractor at all times to indemnify and hold the Authority and its officers, agents and employees harmless from and against any and all liabilities, demands, claims, suits, losses, damages, cause of action, fines or judgments, including those reasonable and necessary costs, attorney and witness fees and expenses incidental thereto, arising out of, or in connection with the Services rendered under the terms of this Agreement, except to the extent arising out of negligence or willful misconduct of the Authority, its officers, agents or employees. It is the intent of the parties that, where the negligence or willful misconduct of the Authority, its officers, agents or employees, is determined to have been contributory, the principles of comparative negligence as applied by the courts of the Commonwealth of Kentucky to matters governed by the substantive law of the Commonwealth of Kentucky shall be followed and each party shall bear the proportionate cost of any loss, damage or liability attributable to its own negligence or misconduct. This Section shall survive the termination or expiration of this Agreement. The parties hereto shall promptly report to the other any such claim or suit against either of them.

Authority’s Stance: Change declined. The Kentucky Constitution does not permit the Authority to indemnify third parties (Proposal Documents, p. GC-8)

vi. A Proposer requests to add Section XXXVII, titled Medical Records

Company shall serve as the custodian of medical records created at the clinic during the term of this Agreement. Company, as custodian of records shall abide by all local, state, and federal requirements for such record retention during and after the term of this Agreement. Company shall also abide by all applicable laws related to Company and the medical service record retention. Authority acknowledges that Company will provide copies of medical records to any third-party requestor (with the appropriate

5 | P a g e executed release from the employee/patient, court order, or business affidavit, as applicable). Authority understands and acknowledges that the Authority is not entitled to access any patient medical records except to the extent allowed by law. Company is a “covered entity” as enumerated in 45 CFR §160.103. As a covered entity, Company may only disclose protected health information as authorized by and to the extent allowed by law. Upon the termination of this Agreement for any reason, Company shall maintain all records created against the statutory and regulatory requirements. Should Authority request records be maintained by Company beyond any state, local or federal rule due to an ongoing audit or legal matter, then Authority shall be invoiced for such retention for as long as such records are retained until written notice from Authority to destroy such retained records. This Section shall survive the termination of this Agreement.

Authority’s Stance: Addition accepted

End of Addendum