ESBD_File_328827_3-04702 Addendum 2.pdf

Executive Director Mike Novak

Mailing address:

P. O. Box 13047 Austin, TX 78711-3047

(512) 463-3446 www.tfc.texas.gov

Chair Brian A. Bailey

Commissioners Eddy Betancourt Daniel K. Signorelli C. Price Wagner

Texas Facilities Commission Physical address: 1711 San Jacinto Blvd, Austin, Texas 78701

Planning and administering facilities in service to the State of Texas

ADDENDUM #2

DATE: 07/19/2023

RFQ #: 303-3-04702

TITLE: Design Build (D-B) Services Multiple Award Task Order Contract (MATOC) for the Texas

Border Infrastructure Program PROPOSAL DEADLINE: August 7, 2023, 3:00 PM CDT

Addendum item #1: to POST revised Request for Qualifications document addressing the items from the questions below. This has been posted to the ESBD and Bonfire.

Addendum item #2: to ANSWER questions from potential Respondents:

# QUESTION ANSWER

1 In reference to Section VII Evaluation and Award, point 1 (p.18): If it is in the best interest of the State of Texas, can there be more than 5 D-B firms awarded?

Per Texas Government Code

2269.307 Evaluation of Design-

Build Firms, paragraph (c), “The governmental entity shall qualify a maximum of five responders to submit proposals…”

2 Is there a specific TFC form that should be used for the Bid Bond? No, any bid bond used by your surety company will work.

3 Please consider extending the Deadline for Submission of Qualifications and HSP by 21 days to allow submitters who did not participate in the previous procurement adequate time to prepare a responsive proposal.

The original solicitation was 21 days long. This time we have allowed 30 days. We will not extend the due date at this time.

4 Does Attachment B, Respondent Questionnaire, and Attachment C, Contractor’s Qualification Form, count toward the 60-page limit for Package 3?

Attachment, Contractor’s Qualification Form does NOT count towards the 60-page limit.

The Respondent Questionnaire DOES count towards the 60-page limit.

5 In reference to 6.0: Safety Programs & Safety Records, item 6.3, “Has your company, or any subcontractors under your control on a project, had a death or serious injury on a project site? If yes, provide additional information,” is there a specific timeframe for this information? For example, in the past ten years?

Provide history for the last five (5) years.

# QUESTION ANSWER

6 In reference to “Addendum #1: to POST revised Request for

Qualification Document to clarify bid bond requirement. See revised RFQ document posted to the Bonfire and ESBD adding Section V, 5.i Bid Bond.” Are there modifications needed to Attachment A – Execution of Submittal to reflect the implications of the bid bond requirement? Specifically, Item #1, “Provided the Step Two proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment F, Design-Build Service Contract Template and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract.

Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or provide the surety bonds within ten (10) days as required by the contract, TFC may retain as forfeit the enclosed Certified Check, Cashier's Check or Bid Bond in the sum of $25,000 and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.”

The RFQ document has been revised and posted as per addendum item #1 revising this language.

7 Are there any subconsultant preclusions between the PMF contract and this Design-Build contract?

Any contractors, subcontractors or subconsultants of the Project Management Firm (PMF) would disqualify you from being part of the D-B team. This would be a conflict of interest.

8 Regarding Insurance Requirements,

1. Would a $2 million cyber security limit suffice in leu of CG 04 37?

2. Please clarify the reasoning for the requirement to remove CG 24 26 as this is prohibited by our corporate guidelines.

Refer to the Exhibit H of Attachment F – Design Build Services Contract Template for insurance requirements. This is what will be required from the D-B firm when awarded a segment of

TBI.

9 Addendum 1 states the “submittal shall be accompanied by a bid security in the form of an original, embossed bid bond, a certified check, or a cashier's check in the sum of $25,000.00.” Where in the Step 1 proposal should a copy of the bid bond be included? Where should the original bid bond be physically mailed?

The Bid Bond should be submitted in Package 1 along with the Execution of Submittal.

The original bid bond should be mailed to:

Texas Facilities Commission Attn: Procurement Dept, RFQ 303- 3-04702

PO BOX 13047

Austin, TX 78701 Or Texas Facilities Commission Attn: Procurement Dept, RFQ 303- 3-04702 1711 San Jacinto Blvd Austin, TX 78701

10 Does anything need to be provided for Step 1 as supporting documentation regarding insurance limits?

No proof of insurance is required for Step 1. A COI showing required insurance will be required at award of any TBI segment.

11 Regarding the page limit for Package 3, do the Table of Content and Divider Pages count towards the 60 page limit?

No, the Table of Contents and divider pages do not count toward 60-page limit.

# QUESTION ANSWER

12 Regarding Schedule C01 - Tab CQ Form 5 of 6, "List the construction experience of the principal individuals of your organization". Please clarify who qualifies as principal individuals.

Is it the Owners of the business or the management team specific to this pursuit?

TFC is interested in the management team associated with the pursuit of this project.

13 In Section V - Number 3 – Item (g) on page 12 of the Addendum 1 RFQ it states “All documents shall be in 8x11.5”. Please confirm all documents should be 8x11.5” or 8.5x11”.

All documents should be in “letter” size format. Text should be in portrait orientation. Graphs or charts may be provided in landscape orientation if it will assist in readability.

14 Would a Franchise Tax Account Status, or a Certificate of Fact issued by the Secretary of State acceptable as Certificate of Authority to do business in Texas?

A certificate of authority issued by the Secretary of State of Texas authorizing the business entity to do business in the state of Texas.

15 Section V, Paragraph 3.g indicates package 3 shall be on 8x11.5” page size. Should this be 8.5x11” page size?

See answer to question #13 above.

16 Please confirm that the Good Faith Effort will only solicit for Phase 1 Design/Build service scope and that the HUB Plan should only include the selected AE firm.

The initial HUB Subcontracting Plan is only for Step 1 of the solicitation. It should any subcontractors that will be part of the proposed team. For most firms this will be the A/E firm only.

17 HSP notification of subcontracting opportunity requires Contractor to provide access to subcontractors a location to review plans and specifications. As these plans and specifications have not yet been developed, Contractor intends to utilize the Tactical Infrastructure Standards Version 5, dated August 2020 in lieu of a Design Criteria Package. Please confirm that this is acceptable.

Yes, this is acceptable for this stage of the solicitation.

18 Regarding Attachment B, Section 4.1, please consider extending project references to 15 years, providing that the proposed Key Personnel fulfilled key roles on referenced project.

Please comply with limiting project references to the past seven (7) years.

19 In the RFQ and Addendum 1 (page 15 of 35) the Class & Item code numbers were not provided in regard to the HUB potential subcontracting opportunities. The link to Class & Item codes is invalid.

i) HUB subcontracting opportunities may be available in the following commodity class/item codes and descriptions: The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. These codes are defined by the National Institute of Governmental Purchasing(NIGP). A complete listing of all NIGP Class & Item Codes can be found at:

https://cmblreg.cpa.state.tx.us/commodity_book/Numeric_index.cfm

The RFQ document has been revised as per Addendum item #1 with the updated link and list of possible NIGP subcontracting codes.

NIGP Book Link:

https://mycpa.cpa.state.tx.us/commbook/

All other aspects of the RFQ # 303-3-04702 remain as is.

Rico Gamino TFC Procurement Department Phone: 512-936-3567 Email: rico.gamino@tfc.texas.gov https://cmblreg.cpa.state.tx.us/commodity_book/Numeric_index.cfm https://mycpa.cpa.state.tx.us/commbook/

RECEIPT OF ADDENDUM #2 OF RFQ #303-3-04702

IN YOUR SUBMITTAL THE RESPONDENT SHALL ACKNOWLEDGE RECEIPT OF THIS

ADDENDUM.

Respondent Signature Date

Printed Name Company Name