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HomeMy WebLinkAboutFC RFQ_MSW Disposal Capacity Assurance General Q&A 2025-07-03 UpdateFranklin County Request for Qualification For Municipal Solid Waste Disposal Capacity Assurance General Questions & Answers Q: PDF Page # 32 Has the incorrect Years, should I make my own spreadsheet and mark it as the correct years? A: See Addendum 1. Q: PDF Page #33 Has the incorrect Years, should I make my own spreadsheet and mark it as the correct years? A: See Addendum 1. Q: Can you provide each approved current landflll’s maximum tonnage amounts for the 2013-2025 term? A: See Addendum 2. Q: Can you provide each approved current landflll’s maximum tipping fees for the 2013- 2025 term? A: See Addendum 2. Q: Can you provide Form A and Form B as an excel sheet so it can be imputed easier? A: These flles have been added to the solicitation post at https://www.franklincountypa.gov/current-solicitation-opportunities/. Q: Exception to the Deflnition of Municipal Waste (Page 13): We respectfully take exception to the inclusion of “any sludge not meeting the deflnition of residual or hazardous waste” within the deflnition of Municipal Solid Waste (MSW). We reserve the right to classify, handle, and price the disposal of all sludge as special waste, regardless of whether it technically meets or does not meet the deflnitions of residual or hazardous waste. We request that this distinction be acknowledged in the flnal contract. A: The County declines to allow the exception. This is a statutory deflnition that comes directly from the Solid Waste Management Act of 1980 (Act 97). Note that this deflnition was recently amended to address advanced recycling (see below). 1980 Act 97 Chapter 1 Section 3 - The Official Website of the Pennsylvania General Assembly: "Municipal waste." Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the deflnition of residual or hazardous waste hereunder from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant, or air pollution control facility. The term does not include post-use polymers that are converted through advanced recycling. The last sentence of the above was not in the RFQ when release and the County amends the RFQ to the above deflnition. Q: PADEP Approval Requirement for Sludges: We request conflrmation that any sludge accepted under this agreement must receive prior approval from the Pennsylvania Department of Environmental Protection (PADEP) for classiflcation and acceptance as residual waste. Please clarify that no sludge is to be accepted without this regulatory approval. A: All materials accepted at facilities must follow any regulatory requirements flrst and foremost. Capacity is only to ensure there is adequate volume available not a method to circumvent state and federal standards for waste. Q: Request to Modify Recycling Deflnition – Leaf Waste (Page 14): We respectfully request that “leaf waste” be removed from the deflnition of recycling. This material is typically managed through separate composting or mulching processes and may not align operationally with the recycling streams covered under this agreement. A: The County declines to allow the exception. The statutory deflnition of “recycling” in Pennsylvania includes leaf waste, as deflned in the Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988 (Act 101; see below). Act No. 101 of 1988 - The Official Website of the Pennsylvania General Assembly: “Recycling." The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reuseable materials other than a fuel for the operation of energy. Q: Request to Reconsider Reporting Penalties (Section II.6.C-D, Page 17): We respectfully request the opportunity to negotiate the reduction or removal of the penalties outlined in Section II.6.C-D for late or inaccurate report submissions. While we fully support the need for accurate and timely reporting, we note that penalties of up to $1,000 per day are unusually high. We propose that the County consider a tiered or graduated penalty structure to balance enforcement with reasonableness, particularly in cases of good-faith efforts or minor administrative delays. A: To clarify, the penalties incurred by facilities shall not exceed $300 as deflned in Section II.6 C-D. Section D merely mentions that the amount of penalties for each offense shall not exceed $1,000, not that the facility would incur a $1,000 per day penalty. Q: Proof of Insurance Coverage (Section D, Page 27) We respectfully request that the “minimum 120-day period written notice” be replaced with “minimum 30-days prior written notice”. A: The County amends Section V, Number 2 D to as follows D. Specifles that a minimum 60-day period written notice shall be given by the insurer to the county and the owner, by certifled mail or email, before any cancellation or other termination of the policy becomes effective. Q: Proof of Insurance Coverage (Section D, Page 27) We respectfully request that “by certifled mail” be removed. A: The County declines to allow the exception. Q: Insurance Coverage and Limit Requirements As there were no coverage or limit requirements stated in the RFQ, we request the opportunity to negotiate these items when available and as applicable. A: The County will be agreeable to negotiating insurance coverage and limit requirement once chosen facilities have begun disposal capacity agreement negotiations. Q: Contractor takes exception to Section II, Paragraph 3 of the Municipal Waste Disposal Capacity Assurance Agreement (“Agreement”). The County shall not have the unilateral right to renew the Agreement. Renewal terms shall be mutually agreed upon. A: Section II, Paragraph 3 is updated to: 3. Term of contract The option to renew the Municipal Waste Disposal Service Contract under the terms and conditions specifled in the initial Contract shall be upon mutual agreement of the County and the Contractor. The initial term of the Contract shall begin on the date that the Contractor starts providing processing/disposal capacity for Franklin County following PADEP approval of the County Plan and shall end on the tenth year anniversary of that date, unless the County has exercised its right to renew the Contract. The term of this Contract shall terminate immediately upon any event, the effect of which is to permanently terminate the validity of the DEP (or the equivalent regulatory agency in state which the facility is located) Permit for the Landflll. Q: Contractor takes exception to Section II, Paragraph 5 of the Agreement. The breach provisions shall also apply to the County. A: The County declines to allow the exception. Q: Contractor takes exception to Section II, Paragraph 6(D) of the Agreement. Contractor shall not be required to pay penalties for delayed reporting. A: The County declines to allow the exception. Q: Contractor takes exception to Section II, Paragraph 8 of the Agreement. The County shall not transfer or assign its rights under the contract. A: The County declines to allow the exception. Q: Contractor takes exception to Section II, Paragraph 9 of the Agreement. The County shall not have any decision-making rights with regard to the acceptability of any successor owner of Contractor’s facilities. A: The County declines to allow the exception. Q: Contractor takes exception to any performance bond requirements and requests that Contractor’s performance bond be issued on an annually renewable basis. A: The County will hold no performance bond. Q: Contractor takes exception to Section III, Paragraph 6. This paragraph shall be stricken. A: The County declines to allow the exception. Q: Contractor takes exception to Section III, Paragraph 11. The County shall not have approval authority for annual rate increases. The contract shall specify a speciflc annual price escalator. A: The County declines to allow the exception. Q: Contractor takes exception to Section V. The County, and all of its subcontractors and designated haulers, shall provide proof of sufficient insurance coverage to Contractor prior to entering Contractor's facilities. Contractor shall provide the County with thirty (30) days’ written notice prior to any policy changes become effective. A: The County declines to allow the exception. Q: In addition to the terms set forth in the RFQ, Contractor seeks inclusion of the following provisions in the contract between the County and Contractor: a. Contractor is required by the terms of this Contract to accept at its landflll facility (the “Facility”) “Solid Waste” as deflned by applicable state law, and as further deflned in any site speciflc operating permits for the Facility (hereinafter referred to as “Acceptable Waste”) delivered by County, and which is acceptable to Contractor as herein provided. Notwithstanding anything herein to the contrary: (a) the Contractor shall have no obligation to accept any material which is or contains, or which the Contractor reasonably believes to be or contain, radioactive, volatile, corrosive, highly fiammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as deflned by applicable federal, state or local laws or regulations (“Unacceptable Waste”); (b) if the Contractor flnds what reasonably appears to be discarded Unacceptable Waste, the Contractor shall promptly notify County; and (c) title to and liability for any Unacceptable Waste shall remain with the producer of the Unacceptable Waste, even if the Contractor inadvertently accepts such Unacceptable Waste at the Facility. b. Contractor has the right to refuse, or to reject after acceptance, any load(s) of waste(s) delivered to its Facility including if Contractor believes County has breached (or is breaching) its representations, warranties, covenants or agreements hereunder, or any applicable federal, state or local laws, regulations, rules or orders, even if only a portion of such waste load is unacceptable. Contractor shall have the right to inspect all vehicles and containers of waste haulers, including County’s vehicles, in order to determine whether the waste is Unacceptable Waste pursuant to this Contract and all applicable federal, state and local laws, rules and regulations. Contractor’s exercise, or failure to exercise, its rights hereunder shall not operate to relieve County of its responsibilities or liability under this Contract. Contractor, may also, in its sole discretion, require County to promptly remove the Unacceptable Waste. c. Contractor provides County with a license to enter the Facility for the limited purpose of, and only to the extent necessary for, off-loading Acceptable Waste at the Facility in the manner directed by Contractor. Except in an emergency, County’s personnel shall not leave the immediate vicinity of their vehicle. After off-loading the Acceptable Waste, County’s personnel shall promptly leave the Facility. Under no circumstances shall County’s or its personnel engage in any scavenging of waste or other materials at the Facility. Contractor reserves the right to make and enforce reasonable rules and regulations concerning the operation of the Facility, the conduct of the drivers and others on the Facility premises, quantities and sources of waste, and any other matters necessary or desirable for the safe, legal and efficient operation of the Facility including, but not limited to, speed limits on haul roads imposed by Contractor, and the wearing of hard hats and other personal protection equipment by all individuals allowed on the Facility premises. County agrees to conform to such rules and regulations as they may be established and amended from time to time. Contractor may refuse to accept waste from and shall deny an entrance license to, any of County’s personnel whom Contractor believes is under the infiuence of alcohol or other chemical substances. County shall be solely responsible for its employees and subcontractors performing their obligations in a safe manner when at the Facility. d. Notwithstanding anything herein to the contrary, Contractor may pass through and County shall pay to Contractor any documented increases in Contractor's costs due to changes in local, state or federal rules, ordinances or regulations applicable to Contractor'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 the Contractor (other than income or real property taxes). e. County shall be responsible for damages to property, clean up and disposal costs resulting from any spillage of any materials delivered by County pursuant to this Contract and which spillage results from County’s negligence or willful misconduct. f. County shall maintain, at its sole cost and expense, the following insurance coverages: (a) Commercial General Liability insurance with bodily injury and property damage limits of not less than $1,000,000 each occurrence and $2,000,000 general aggregate and completed operations aggregate; (b) Automobile Liability insurance with limits of not less than $2,000,000 combined single limit; and (c) Workers Compensation coverage with statutory limits and Employers Liability limits of not less than $500,000 each accident. County may supply the required limits required above through any combination of primary, excess, umbrella, deductibles or self-insurance. Insurance certiflcates evidencing the above requirements shall be furnished by County upon request. g. If any action at law or in equity is brought to enforce or interpret the provisions of the agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. A: The County declines this exception.