February 9, 2010
Addendum #1 for RFP 10-11-12, ARFF and EMS for Norman Y. Mineta San Jose International
Airport
The purpose of this addendum is to:
Answer questions submitted by Proposers prior to the close of question/answer period on
2/9/2011.
All other specifications, terms and conditions of this RFP not addressed by this or other
formal addenda issued by the City of San Jose are unchanged.
1) Does the IAFF Local 230 Collective Bargaining Agreement (CBA) have a successorship
clause?
Answer: The Memorandum of Agreement (MOA) between the City and IAFF Local 230, which
expired June 30, 2009, did not contain a successorship clause requiring the terms of the MOA
to apply to service providers and their employees who perform services previously performed
by IAFF Local 230 members. The MOA is available online at
http://www.sanjoseca.gov/employeeRelations/moas/moa_iaff.pdf
2) Does this CBA allow outsourcing/subcontracting.
Answer: The expired MOA contained a provision that the City would not contract out Station 20
(Airport) during the term of the agreement. (MOA, Section 2.4(a).) The City and IAFF Local
230 have been unable to reach an agreement on a new contract and are proceeding to interest
arbitration. The City issued opening proposals for interest arbitration dated October 29, 2010
that include modification of Section 2.4 regarding contracting out/civilianization.
3) In the event the Union takes legal action alleging covered work and Contractor acceptance
of current CBA, will the City reimburse Contractor for incurred legal fees?
Answer: No.
4) Per Attachment H, should the Contractor accept the Union and the CBA results in a
significant increase in wage and benefit cost above that originally submitted by Contractor, will
the City renegotiate Contractor's Compensation as defined in Attachment G, par 5, pg 3?
Answer: No.
5) Assuming displaced City Firefighters, are they classified as Qualified Retention Employers
per attachment H, pg 49? If so, is the Contractor obligated to hire them?
Answer: No, City Firefighters are not classified as qualified retention employees.
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6) Per Exhibit F, License Airport Premise, will the City certify that the ARFF Station is asbestos
and HAZMAT free? (see para 8.3 & 9)
Answer: The City cannot certify that the ARFF Station is asbestos and hazmat free.
Per para 13.1 & .2, does the Contractor have financial exposure and if so, how much?
Answer: The City does not have sufficient information to answer this question. It is the
Contractor’s responsibility to determine whether it may be subject to taxes, assessments, fees,
charges or penalties. With respect to the possessory interest tax, the County of Santa Clara is
the entity that would make a determination on whether such tax is levied.
If mold is discovered in the station, who is financially accountable for its elimination?
Answer: The responsibility for cost of remediation of mold would depend on the circumstances,
including whether the Contractor contributed to the mold growth.
Is there an estimate for building maintenance as defined in para 7.1 over the life of the
Agreement?
Answer: The City does not have an estimate for cost of building maintenance.
7) Per Att G, pg 4, Termination: Should the City term for convenience, is the Contractor
reimbursed for all equipment purchases (PPE gear, SCBA, etc)?
Answer: The City will not reimburse Contractor for equipment purchases. Under what
circumstances can the Contractor term? Example: Airport holds Contractor's monthly
payments.
Answer: The exemplar agreement does not specify circumstances under which the Contractor
can terminate the agreement.
8) Per para 36.1, pg 22, Contractor is required to have its entire staff at Airport for three weeks
in May/June for training. How is Contractor reimbursed? What is the training syllabus?
Answer: All costs will be included within the shift rate found in Attachment B – Cost Proposal
Form that applies upon Contractor’s commencement of services at the Airport (estimated in
RFP to be July 1, 2011). This is a fully loaded rate. Training will not be separately reimbursed.
The training requirements for ARFF personnel are outlined in 49 CFR Part 139. Local training
held at SJC during the three weeks in May and June will include, but not be limited to;
A.
B.
C.
D.
E.
F.
G.
H.
Airport familiarization, including airport signs, marking and lighting in accordance with
49 CFR Part 139.319(i)2(i)
Aircraft familiarization in accordance with 49 CFR Part 139.319(i)2(ii)
Familiarization with firefighters duties under the Airport Emergency Plan in accordance
with 49 CFR Part 139.319(i)2(xi)
Computerized movement area driver training/testing in accordance with 49 CFR Part
139.303(c). This includes a practical movement area driving test administered by
Airport Operations personnel.
Computerized non-movement area driver training/testing.
Computerized Security Identification Display Area (SIDA) training/testing.
Familiarization with the Airport Security Plan.
Training/familiarization focused on existing Letters of Agreement between the Airport,
ARFF Services and Air Traffic Control.
Future training curriculums will be developed by the ARFF Chief position and approved by
the City in accordance with the duties outlined in Section 44.2 of the RFP.
9) Is a proposal bond required? See para 22.3, pg 16.
Answer: No a Proposal bond is not required for this solicitation.
10) Per Att B, pg 38, the basis for the Total Base Price is the estimated 1460 shifts (equals
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35,040 hrs).The Airport recognizes unforeseen problems can necessitate additional hours
and the City requires the Contractor to participate in community events. What is the estimate
of additional annual hours due to the above?
Answer: The City does not anticipate additional hours; however, in the event regulatory
requirements change during the term of the contract or unforeseen circumstances arise, the
City is requesting an hourly rate in Attachment B, Table 2.
11) Per para 46.2, pg 36, additional hours for unforeseen problems need to be authorized by
the Director. Are such hours and their compensation excluded from the annual Not to Exceed
dollar amount cited in Att G, Exhibit C, para 2? Answer: Compensation for additional hours
authorized by the Director would be above and beyond the total base price listed in
Attachment B, but could not exceed the annual not to exceed dollar amount stipulated in the
contract.
12) Please clarify the pricing inputs required for Tables 2 & 3, pg 39.
Answer: Table 2 allows the Proposer to provide an hourly rate for each position in the event
of unforeseen circumstances such as a change in the regulations governing ARFF. Table 3
allows the proposer to provide pricing for each position in the event the Airport’s ARFF Index
needs to be increased to a higher ARFF Index.
13) Please provide a listing of all Airport supplied equipment and tools.
Answer: The City will provide a list of Airport supplied ARFF vehicles and equipment/tools as
soon as practical.
14) Will portable radios necessary for communications with Airport Ops be provided?
Answer: Yes. If Contractor provided, what are the specifications? Not applicable. Are there
municipal licensing and/or usage fees associated with Contractor radio usage? No.
15) Does CA require an EMS agency license? If so, what is the fee? Will the Contractor be
under jurisdiction of the City Medical Director? If so, is there a fee?
Answer: Please visit the State of California website in the link below for information on
agency licensing requirements and costs. http://www.emsa.ca.gov/ ,
16) Att H pg 46: Does the cited $12.94 include employee's hourly wage and the employer's
contribution to the employee's health insurance premium i.e. paid directly to the health
insurance provider, not the employee)?
Answer: Yes. Compensation means the sum of the hourly wage, an employer’s direct hourly
contribution for a covered employee’s health and medical care insurance, if any, and an
employer’s direct hourly contribution for a covered employee’s retirement benefits, if any.
17) Att H, Exhibit 1, Section 3 Exemptions. Please clarify para B.
Answer: Paragraph B pertains to contractors currently operating at the Airport under a
contract that was solicited for and executed prior to City Council adoption of the Airport Living
Wage Ordinance and are subject to the City’s Living Wage and/or Prevailing Wage Policies.
Paragraph B allows the City Manager the authority to amend current Airport contracts to
delete the City’s Living Wage and/or Prevailing Wage Policy requirements and make
contractors only subject to the Airport Living Wage Ordinance.
18) Is Contractor legally bound by both the Prevailing Wage and Living Wage Requirements?
Answer: For the services to be provided under this RFP, Contractor will only be subject to the
Airport Living Wage Ordinance.
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19) Att J, para D-5, requires General, Professional and Pollution Liability coverage to be
continued for 5 years after termination of the Agreement. For pricing purposes, when does
the Agreement end - end of year 5 or end of which option year? Essentially the Airport is
prepaying for this coverage.
Answer: The Agreement ends at its expiration or earlier termination. For example, if all
options are exercised by City and the City does not terminate the Agreement, the Agreement
would end after 10 years. If City elects not to exercise any options, the Agreement would
end after 5 years, assuming that City did not earlier terminate the Agreement.
20) Why is it necessary to name the city, its officials, agents, employees and contractors as
additional insured on the contractor’s insurance certification? Is it acceptable to specifically
name the city as an additional insured? No, Contractors must include
Answer: The City’s standard insurance requirement is that the Contractor name the City, its
officials, agents, employees and Contractor as “Additional Insured” as described in the
insurance requirement in Attachment J, it is not acceptable to change this requirement.
21) Regarding the Pollution Insurance requirement, does the city expect the fire department
to use materials other than AFFF when carrying out the SOW that pose an environmental
concern? If not, is this coverage necessary as it will add expense to the city?
Answer: The environmental impairment (Pollution) exposure for a fire service is serious,
stemming from unintentional discharge of substances contained in vehicles or structures on
fire. While trying to combat a fire, thousands of gallons of water or other extinguishing
agents may spread pollutants onto adjacent properties, into the air (as steam or gas
produced by a reaction with water or fire-fighting chemicals), into sanitary sewers or storm
drains, or into the ground. As the primary fire service responsible for policing the area
around any automobile, aircraft, etc accident involving hazardous materials, the fire service
may also incur substantial liability for acts, errors or omissions in controlling or preventing the
spread of pollution once an accident has occurred.
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