ITB-24-6186LS - Addendum#3.pdf

Florida Department of Transportation

RON DESANTIS

GOVERNOR

1000 NW 111 Avenue

Miami, FL 33172

JARED W. PERDUE, P.E.

SECRETARY

August 30, 2023

DOT-ITB-24-6186LS

ADDENDUM #3

ADDENDUM NO. 3

DATE: August 30, 2023

TO: PROPOSERS

FROM: Lester Silva Procurement Officer District Six

RE: Project No.: DOT-ITB-24-6186LS FIN No.: 252058-1-A1-02 Counties: Miami-Dade Work Description: To furnish Districtwide Dumpster(s), Trash Pick up and Recycle Services for the

Florida Department of Transportation (FDOT).

I. Questions and Answers for Invitation to Bid

1. July 2022 to August 2023 – Trash 20 yard: How many hauls per locations? How many tons were in each 20 yard?

Answer: Main Building – 12 hauls – Total of 246 tons

Sunguide – 12 hauls – 63 tons

North Dade—1 Haul – 3 tons

South Dade – 12 hauls – 1,143.26 tons

2. July 2022 to August 2023 – Trash 4 yard: How many pickups were completed?

Answer: Main Bldg. – 12 pulls

3. July 2022 to August 2023 – Construction 4 yard: How many pick ups were completed per location?

Answer: Main Bldg. – 1 haul – 3.5 tons.

4. July 2022 to August 2023 – Cardboard 4 yard: How many pickups were completed per location?

Answer: Main Building – 12 pulls

Sunguide –12 pulls

August 30, 2023

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North Dade— 2 pulls

South Dade – 1 pull

5. July 2022 – August 2023 – Paper 4 yard: How many pick ups were completed per location?

Answer: Main Building – 12 pulls

Sunguide – 12 pulls

North Dade—1 pull

South Dade –1 pull

6. What is the existing cost per pick up?

Answer: See the attached Price Proposal from the current contract.

7. The current due date is for this solicitation is September 4 which is Labor Day. Additionally, we need time to digest the responses to these questions. Can you please extend the due date until 7 days after the responses to questions are published?

Answer: The Letting Day has changed to September 7, 2023.

8. As discussed at the pre-bid, the fixed price for 3 years may not yield the best overall pricing for the term. Would you consider allowing an annual rate adjustment on October 1st 2024, and annually thereafter, the per ton rates shall be automatically increased according to the annual Consumers Price Index for All Urban Consumers (CPI/U), Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CUSR0000SEHG – “Water and Sewer and Trash Collection Services” in U.S. city average for the annual change for the month of April or 5%, whichever is less but not less than zero.

Answer: No.

9. The Performance bond form is a term bond for the entire 3-year term. Would you consider an Annually Renewable bond?

Answer: Performance Bond will not be required for this contract.

10. Can you please provide a list of the current prices for this scope of work?

Answer: See the attached Price Proposal from the current contract.

11. Exhibit A- 1.1- States a performance bond is not required. Can you please clarify if a performance bond is required, and a pre-qualification letter is required to be submitted with the bid?

Answer: A Performance Bond will not be required for this contract.

12. Exhibit C- As discussed at the pre-bid meeting, the Roll-off containers in section 1 which includes Items #1.1, 1.3, 1.4, 1.5, and 1.6 are the same containers as 2.1, 2.3., 2.4, 2.5 and 2.6. a. Can you

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please confirm the total required containers are 19? b. If these are the same containers and the Trash and C&D materials are commingled, what is the purpose of Section 2?

Answer: The total containers are 19. The purpose of Section 2 is if the content will be classified as C& D and not regular trash, then the appropriate price shall be reflected in the invoice.

13. Exhibit C- As discussed in the pre-bid, the requested price for Unit Cost per ton/pull includes both the collection service and materials. Can you please confirm that? Reference to page 1 of Exhibit “C”.

Answer: Please, refer to the below statement which can be found at the bottom of Exhibit C, Bid Sheet:

14. Exhibit C- Can you please provide the following historical information for the past 2 years? a. How many pulls did you have for each of the following containers: Items #1.1, 1.3, 1.4, 1.5, and 1.6 are the same containers as 2.1, 2.3., 2.4, 2.5 and 2.6 b. Please provide the weight in tons for each of those pulls. 9. Exhibit C- Can you please provide the following historical information for the past 2 years? a.

How many pulls did you have for each of the following containers: Item # 1.2, 3.1, 3.2, 3.3, 3.4, 4.1, 4.2 4.3, 4.4?

Answer: Provided above (see points 1 through 5).

15. Paragraph 1 of the invitation states that the ITN is for Right of Way demolition. Please clarify.

Answer: The ITB has been corrected to reflect Districtwide Trash & Recycling Services.

16. Liability Insurance – As professional liability insurance is not normally associated with garbage hauling, please clarify that this is needed for this contract.

Answer: Professional Liability insurance is not required; however, General Liability Insurance is required.

17. Sample Agreement

1) Section 3(I) – As the costs to provide the service to DOT are contained within the prices quoted and not separately, there should be no reason for the State to review the costs of the

Vendor. Will the State please delete this requirement?

2) Section 4(A) – Will the State please delete the first paragraph and replace it with the following?

“INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by negligence, willful misconduct

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of the Vendor and persons employed or utilized by the Vendor in the performance of this

Agreement.”

3) Section 6(A) – As there is a substantial capital investment involved, a termination solely in the interests of the State for convenience, could be a hardship. Will the State please delete this section and agree to only terminate for cause after an opportunity to cure?

4) Section 6(B) – The capital outlay for this contract is substantial, will the State delete subsections (a) and (c) of this provision so that any termination under this section includes notice and the right to cure?

5) Section 7(A) - The Vendor requires reasonable rights to assign its rights under the agreement. Please amend this section to permit an assignment as a right to an affiliated company of

Vendor. Additionally, the State’s consent to assignment pursuant to this section should not be unreasonably withheld.

Answer: The sample agreement is an approved FDOT boilerplate and will not be modified at this time.

18. Scope of Services

1) Section 4.12 – please add to this section epidemics and pandemics.

2) Sections 4.15 & 4.16 – Please add that the Contractor will only be responsible for the damages if they are caused by the negligence or willful misconduct of the Contractor.

3) Sections 5.4.8 & 7.4.4 – Will the State please enlarge the time to correct to 72 hours as the current amount of time in the agreement is too short and may fall over weekends or other days of no work?

4) Section 5.5 – As Contractor may only keep certain records electronically and the reduction to hard copy impractical, please amend to allow for the records to be kept electronically.

5) Section 5.7 – Please add a cure period of 72 hours after notice to Contractor of any deficiency under this section prior to any suspension of work is ordered.

6) Section 12.7 – Please delete this section as employee matters should be left to the

Contractor. Any employment matters should be addressed to the Contractor to take the appropriate measures.

Answer: The scope of services will not be modified.

19. Please include the following general provisions as part of the next draft of the ITB:

1) The State hereby grants the exclusive right and privilege to Vendor to perform all of the

Services set forth in the ITB. The State may, in its sole discretion, enforce the exclusivity provisions of the Agreement against third-party violators, taking into account the cost of doing so and other factors.

Vendor may independently enforce the exclusivity provisions of the Agreement against third-party violators, including, but not limited to, seeking injunctive relief and/or damages, and the State shall use

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good-faith efforts to cooperate in such enforcement actions brought by Vendor. The State shall use its best efforts to adopt laws, rules or regulations that have the effect of requiring third parties, including, without limitation, customers, to comply with the provisions of the Agreement, including, without limitation, the exclusive service rights granted to Vendor pursuant to the Agreement.

2) Notwithstanding anything herein to the contrary: (a) Vendor shall have no obligation to collect any material which is or contains, or which Vendor reasonably believes to be or contain, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, State or local laws or regulations (“Excluded

Waste”); (b) if Vendor finds what reasonably appears to be discarded Excluded Waste, Vendor shall promptly notify the State and the producer of the Excluded Waste, if the producer can be readily identified; and (c) title to and liability for any Excluded Waste shall remain with the producer of the

Excluded Waste, even if Vendor inadvertently collects or disposes of such Excluded Waste.

3) The State must comply with any description of and/or procedures with respect to removal of contaminants or preparation of recyclable materials as reasonably provided by Vendor. If the State fails to do so, Vendor may decline to collect such materials without being in breach of the Agreement.

Vendor shall not be responsible for and has not made any representation regarding the ultimate recycling of such recyclable materials by any third-party facilities.

4) Except in the case of Vendor’s negligence or willful misconduct, Vendor shall not be liable for any damages to pavement, curbing, or other driving surface resulting from the weight of its trucks and equipment.

5) Notwithstanding anything herein to the contrary, in the event that a container becomes lost, unsightly, unsanitary, broken, or unserviceable because of the acts or omissions of the State

(excluding normal wear and tear), the State will be charged for the resulting repairs or replacement and such amounts will be paid to Vendor upon demand.

6) Any equipment furnished hereunder by Vendor shall remain the property of Vendor; however, the State shall have care, custody and control of the equipment while at the service locations. The

State shall not overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. The State must provide unobstructed access to the equipment on the scheduled collection day. The word “equipment” as used in this Agreement shall mean all containers used for the storage of non-hazardous solid waste.

7) Notwithstanding anything herein to the contrary, Vendor may pass through and the State shall pay to Vendor any documented increases in disposal fees, increases in Vendor's costs due to changes in local, State or federal rules, ordinances or regulations applicable to Vendor's operations or the services provided hereunder, and any increases in and newly imposed taxes, fees or other governmental charges assessed against or passed through to Vendor (other than income or real property taxes).

8) If the State shall be in breach of any provision of this Agreement, Vendor may suspend its performance hereunder until such breach has been cured or terminate this Agreement; provided, however, that no termination of this Agreement by Vendor shall be effective until Vendor has given written notice of such breach to the State and the State has failed to cure such breach within thirty (30) days after its receipt of such notice. Upon any such failure to cure, Vendor may terminate this

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Agreement by giving the State written notice of such termination, which shall become effective upon receipt of such notice.

9) Except for the payment of amounts owed hereunder, neither party hereto shall be liable for its failure to perform or delay in its performance hereunder due to contingencies beyond its reasonable control including, but not limited to, strikes, riots, epidemics, pandemics, compliance with laws or governmental orders, inability to access a container, fires, inclement weather and acts of God, and such failure shall not constitute a breach under this Agreement.

Answer: The ITB is an FDOT boiler plate and will not be modified at this time..

All other documents of the subject project remain unchanged.

Failure to file a Protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.57.html