ESBD_File_336606_Addendum 1_Questions and Responses.pdf

ADDENDUM 1 – QUESTIONS AND ANSWERS

580-23-RFQ-0038 – ENGINEERING SERVICES (AMPSS)

REQUEST FOR QUALIFICATIONS NO. 580-23-RFQ-0038

SERVICES ASSOCIATED WITH THE ASSET MANAGEMENT

PROGRAM FOR SMALL SYSTEMS (AMPSS)

ADDENDUM 1 – QUESTIONS AND ANSWERS

Question 1: With regard to RFQ No. 580-23-RFQ-0038 is it the intent or position of the TWDB that only Engineering Firms will be considered? <company name> spent the resources to respond to a similar RFQ-580-22-0011 in 2022 and with the exception of the TX Rural Water Association only Engineering firms were selected by TWDB. Please clarify if TWDB is only interested in Engineering firms for the present solicitation or if it will equally consider Solutions/Services Providers.

TWDB Response: The intent of this RFQ is to create a pre-qualified list of contractors who have the expertise, detailed in the RFQ, to work on AMPSS projects. Any firm, not just engineering firms, will be considered.

Question 2: Is there a required HUB percentage for this RFQ?

TWDB Response: No, there is not a required HUB percentage for this RFQ.

Question 3: Can a Vendor submit a response only for the Asset Management Software portion of this RFP?

TWDB Response: While any response is allowed to be submitted, the final pool of pre-qualified contractors will only consist of firms that have experience with and are able to complete all of the deliverables outlined in the RFQ.

Question 4: Since this is an electronic submittal, will digital signatures be accepted?

TWDB Response: Yes, digital signatures will be accepted.

Question 5: Does the transmittal letter count toward the 20-page limit? Do tabs count toward the 20-page limit? Do front and back covers count towards the 20-page limit?

TWDB Response: The transmittal letter does count towards the 20-page limit. Please note that the maximum number of pages includes the transmittal letter (1 page) and the Content Items 1 through 9 (19 pages max). Tabs and front/back covers do not count towards the 20-page limit, but you are encouraged minimize the file size as much as possible by not including unneeded pages.

Question 6: For the outlined pages that do not contain forms (Content Items 2, 3, 6, 7, 8, 9), are we required to use the outlined pages found at the end of the RFQ (22-30) in our RFQ? Or are we allowed to recreate the titles/headers of these content items in our own branding?

TWDB Response: While it is preferred that submittals use the pages found at the end of the RFQ, submitters are free to recreate those pages to include in their response. If recreating the pages, the submitter will need to ensure that the content items are clearly identified as specified in the RFQ.

Question 7: Please confirm the transmittal letter should be included in the SOQ file or emailed separately. Please clarify if the Transmittal letter counts in the 20-page limit.

TWDB Response: The transmittal letter does count towards the 20-page limit. This letter should be included in the SOQ file.

Question 8: Please clarify if the Table of Contents counts in the 20-page limit.

TWDB Response: If you choose to include a table of contents, please include that on the transmittal letter as it will count towards the 20-page limit.

Question 9: Please clarify if a response is required to be included in the SOQ for each of the items in this section and, if so, in which Item of our response it should be included and if it is counts towards the 20-page limit.

TWDB Response: By submitting an SOQ for this RFQ, the submitter is confirming that they meet the Required Affirmations and Certifications. These will be included in the contracts that result from this RFQ and the AMPSS participant system contractor selection process. If a firm does not meet each of the Required Affirmations and Certifications, that firm should not submit an SOQ.

Question 10: To what attachments is this statement referring? The total provided page limits for Items 1, 2, 5, 6, 7, 8 (assuming 1 page for this), and 9, equal 19 pages. What is the 20th page? Is it the attachment(s), if so, what is the attachment? Or is the Table of Contents? Or the Transmittal Letter? Or the Response to Section 5.6?

TWDB Response: Please refer to the responses to Questions 5 and 9.

Question 11: Please clarify if we need to use templates that look like these pages or if we can use our company templates as long as the Content Item is clearly identified at the top.

TWDB Response: Please refer to the response of Question 6.

Question 12: Can include a page in our SOQ after our Cover Page to identify the Content Items we would like to keep confidential and not have it count against the 20-page limit?

TWDB Response: Please note these items on your transmittal letter.

Question 13: Would TWDB consider allowing an additional introduction page to this section that does not count against the 20-page limit?

TWDB Response: Yes, the Resumes portion of the SOQ is not included in the 20-page limit.

Question 14: Will the awarded Firm have an opportunity to review and provide exceptions for negotiations, if any, to the contract terms and conditions?

TWDB Response: If selected to be in the pre-qualified pool of contractors and selected by an AMPSS participant system to perform the work for their AMPSS project, TWDB will draft contracts with each potential contractor. Those contracts will be sent to the potential contractor’s representative for their review and signature for execution. As part of that review, potential contractors can make proposed revisions to the contract, but please be aware that most parts of the contract are non-negotiable.

Question 15: I am interested on proposing on the RFQ for Asset Management Program. I personally have more the twenty years experience, however I just started my firm last year on October 18th, 2022. Could we still qualify for this program?

TWDB Response: The number of years of experience is based on the staff that will be performing the work on the project. Be sure to include ALL experience that is relevant to the RFQ.

Question 16: Will TWDB be using a Professional based agreement? The RFQ references “Contractor” and there is not a defined term or use of Engineer/Architect. The terms and conditions lean towards a Contractor agreement. Specifically, the Liquidated Damages and the Indemnification (which is broad form)

TWDB Response: The vendors that are selected to be in the pre-qualified pool of contractors, and are chosen by AMPSS participant systems, will enter into Professional Services contracts with the TWDB, to complete the deliverables as specified in this RFQ.

Question 17: Sec. 2.6 Liquidated Damages – Can this language to be removed from our contract?

Liquidated damages are not customary to professional services, such as engineering and architectural services.

TWDB Response: The inclusion of liquidated damages clauses is a standard for TWDB’s Professional Services contracts and cannot be removed.

Question 18: It does not follow the Texas Local Government Code 271.904 or the Texas Government Code 2254.0031. Can this section be revised to be consistent with the Codes listed above?

TWDB Response: The indemnification language for architectural and engineering contracts is as follows:

“Indemnification: RESPONDENT/CONTRACTOR AGREES TO INDEMNIFY AND HOLD

HARMLESS THE STATE OF TEXAS AND TWDB, AND/OR THEIR OFFICERS, AGENTS,

EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES

FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL

RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED

BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL

TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR

OTHERWISE RELATED TO RESPONDENT/CONTRACTOR’S PERFORMANCE, AND/OR

FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE

RESPONDENT/CONTRACTOR OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER

FULFILLERS, CONSULTANTS UNDER CONTRACT TO RESPONDENT/CONTRACTOR, OR

ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR

SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE

CONTRACT. THE DEFENSE MUST BE COORDINATED BY RESPONDENT/CONTRACTOR

WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES

ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT/CONTRACTOR MAY

NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING CONCURRENCE FROM

THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT/CONTRACTOR AND

TWDB AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH

CLAIM.”