ESBD_File_352747_RFP 1790-LP Addendum No. 1 Final.pdf

Texas General Land Office -1- RFP No. 1790-LP Addendum No. 1

TEXAS GENERAL LAND OFFICE

REQUEST FOR PROPOSALS NO. 1790-LP

(Rebid of RFP X0029336-LP & RFP X0029336B-LP)

Addendum No. 1

Sargent Beach Stabilization Construction Phase I CEPRA Project No. 1709

Class 912 / Items 23, 44; Class 914 / Item 84; Class 959 / Items 26, 35;

Class 988 / Item 14

Release Date: March 4, 2024 Addendum No. 1 Issue Date: March 20, 2024

Original Deadline for Submission: March 28, 2024 at 2:00 p.m. CT Updated Deadline for Submission: April 4, 2024 at 2:00 p.m. CT

Solicitation Point of Contact: Linh Phan, CTCD, CTCM

Linh.Phan@GLO.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all bidders in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the ESBD website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Linh.Phan@GLO.Texas.Gov http://www.txsmartbuy.com/esbd

Texas General Land Office -2- RFP No. 1790-LP Addendum No. 1

RFP 1790-LP Questions and Answers

Question 1: Article II Section 2.2.1: Will there be any hydro-excavation needed?

Answer 1: Selection of the means and methods of construction is the responsibility of the Contractor. These should be described in the Contractor’s proposed work plan.

Question 2: Is a Limited Liability Company formed as an internal Joint Venture of sui juris sister subsidiaries of a common parent acceptable as a proposed Offeror, if the LLC satisfies all of the solicitation requirements?

Answer 2: Yes, so long as they satisfy all of the solicitation requirements. Reference Section 7.4 Financial Capability of the RFP. If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities must be presented. The percentage of the risk burden to be borne by each party must be indicated. Each party of the joint venture must be evaluated separately through the financial capability review process, and the weighted average of the parties’ scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded Contract.

Question 3: Is a Contractor Team in a formal Contractor Teaming Arrangement acceptable as a proposed Offeror, if such Contractor Team collectively satisfies all solicitation requirements?

Answer 3: Reference Section 7.4 Financial Capability of the RFP. If by “Contractor Team in a formal Contractor Teaming Arrangement” the Respondent means a joint venture then, yes, so long as they satisfy all solicitation requirements. See also answer to Question 2 above.

Question 4: If the proposing entity is an internal Contract Team of sui juris subsidiary entities of a common parent with consolidated financials, shall offeror provide the consolidated financials of the parent with anything else relevant to a determination of financial capability, since the entities do not have separately audited financials, or what is required?

Answer 4: Reference Section 7.4 Financial Capability of the RFP. A potential awardee must be able to provide a completed Financial Statement Components Worksheet and balance sheet, income statement, and statement of cash flows for the potential awardee as a stand-alone entity only. If a potential awardee is unable to provide stand-alone Annual Reports, it may present consolidated or combined financial statements including its parent company’s or a related party’s financials; however, all entities for which financial information is presented in the documentation must sign the awarded Contract.

Question 5: If an Offeror is a Contractor Team, a Partnership of firms, or a Joint Venture, what, if any, additional information is to be submitted by such an Offeror?

Answer 5: Reference Section 7.4 Financial Capability of the RFP. If a potential awardee is a joint venture, an official document memorializing the relationship between participating entities

Texas General Land Office -3- RFP No. 1790-LP Addendum No. 1 must be presented. The percentage of the risk burden to be borne by each party must be indicated.

Each party of the joint venture must be evaluated separately for financial capability, and the weighted average of the parties’ scores will be attributed to the joint venture. All entities participating in a joint venture must sign an awarded Contract.

Question 6: What are the specific standards and criteria that are used to determine Financial Capability, Financial Solvency, and Adequate Capitalization which will be used by the GLO in its review of financial information provided by an Offeror on this solicitation?

Answer 6: Reference Section 7.4 Financial Capability of the Solicitation.

Question 7: Access to Land and to the Work - The Contract is silent as to access to the Work.

Please confirm that the Owner shall provide uninterrupted access to the Work or explain what is intended and identify any known limitations.

Answer 7: Owner will provide access to the work site.

Question 8: Adverse Weather - The Contract Documents appear unclear on dealing with excusable weather delays for adverse weather in excess of anticipated. Please provide the monthly table of expected adverse weather days or confirm that the use of either U.S. Army Corps of Engineers or another government tabulation of expected adverse weather by month for the Project area is acceptable, and, confirm that such adverse weather days in excess of those expected, if any, shall be handled by the parties as an compensable delay, or explain what is intended.

Answer 8: The Contractor is to describe the weather conditions that will result in a weather delay day based on the Contractor’s proposed equipment and work plan and the number of weather delay days included in the Contractors proposed completion schedule. Article 9.6 of the General Conditions describes the process for modification of contract time. Any references to laws or potentially applicable guidance documents in these answers are not intended as legal advice.

Respondents are encouraged to seek independent legal counsel as to how to properly interpret the Uniform General Conditions applicable to this Solicitation

Question 9: Adequacy of Design - The Contract Documents are unclear about adequacy of design, particularly the intent of GC 11.1.2 which seems to provide that Contractor is not entitled to rely on the adequacy of the design. Please confirm that pursuant to Texas Business and Commerce Code Title 4. Chapter 59, Contractor shall be able to rely on the design and to the extent of any impacts, Contractor shall be due an equitable adjustment, or explain what is intended.

Answer 9: See Answer to Question 73 in Exhibit E, RFP X002933-LP Addendum No. 1.

Texas General Land Office -4- RFP No. 1790-LP Addendum No. 1

Question 10: Beneficial Occupancy - Please confirm that if the Owner takes beneficial occupancy of the Project or any identifiable portion of the Project, such beneficial occupancy shall commence warranty obligations with respect to the occupied portion of the Work, or, if not, clarify what is intended.

Answer 10: Warranty obligations will start after Substantial Completion of all work.

Question 11: Bid Period of Validity - The Contract Documents do not indicate the maximum number of days that offers shall remain valid. Please confirm that bids shall remain open and valid for one hundred twenty (120) days after the bid opening date and shall then expire without further action unless previously extended in a signed writing by Offeror received before 6:00 PM local time at the place to receive bids on the 120th day after the bid opening date.

Answer 11: GLO will not confirm Respondent’s request. See Section 7.1.5 Offer Period of the Solicitation.

Question 12: Changes - Change Orders and Field Directives - The Contract Documents appear unclear on the amount of time for Owner review of a Proposed Change Order. Please confirm that any Proposed Change Order (PCO) delivered by Contractor to Owner shall receive approval or be returned with written comment within fourteen (14) calendar days, or thereafter be considered null and void without further action by either party, unless extended in a signed writing by Contractor before 6:00 PM local time at the Owner's place of business on the 14th day after the date that such PCO was delivered by Contractor to Owner, or identify any other period Owner intends.

Answer 12: GLO will not confirm Respondent’s request. See Section 7.6 Contract Terms and Solicitation Acceptance found in the Solicitation.

Question 13: Commencement of Contract Time - The Contract Documents appear unclear as to the Commencement of Contract Time. Please confirm that promptly after delivery of Notice of Award to the selected Contractor, Owner shall consult with Contractor and establish a mutually acceptable Commencement of Time date that considers the respective circumstances appropriate for the selection of that date or explain what is intended.

Answer 13: GLO will not confirm Respondent’s request. See Section 7.6 Contract Terms and Solicitation Acceptance found in the Solicitation. See also Article II. Term of the sample contract provided in the Solicitation. Commencement of contract time is based on Owner’s issuance of a Notice to Proceed, which in turn is determined by Contractor’s compliance with regard to certain pre-construction submittals being found acceptable, including bonds and insurance.

Question 14: Delay - Compensable (Owner Responsible) - The General Conditions indicate that an excusable delay is compensable "other than described in Subparagraph 9.6.2.2.4 and within the reasonable control of Owner." Subparagraph then goes on to provide that delays are excusable if they are caused by "Changes in the Work that effect activities identified in Contractor’s schedule as “critical” to completion of the entire Work, if such changes are ordered by ODR or recommended by A/E and ordered by ODR." Please confirm that

Texas General Land Office -5- RFP No. 1790-LP Addendum No. 1 changes to the Work and any delays arising therefrom as described in 9.6.2.2.4 are compensable or explain what is intended.

Answer 14: See Answer to Question 78 in Exhibit E, RFP X002933-LP Addendum No. 1.

Question 15: Delay - Recovery of Time Obligation - General Condition 9.5 allows the Owner to direct acceleration but does not address compensation when the cause for critical path delay is by other than the Contractor. Please confirm that the Parties shall negotiate the compensable impacts of any directed or constructive acceleration of the Work except where such acceleration or recovery of delay to the Project critical path due solely to Contractor critical path delay and without corresponding critical path delay by the Owner or others or explain what is intended.

Answer 15: GLO will not confirm Respondent’s request. See Section 7.6 Contract Terms and Solicitation Acceptance found in the Solicitation. As stated, The GLO may, in its sole discretion, engage in good-faith negotiation of terms and conditions with Providers but has limited discretion to do so. GLO cannot render legal advice to Respondents. Any references to laws or potentially applicable guidance documents in these answers are not intended as legal advice. Respondents are encouraged to seek independent legal counsel as to how to properly interpret the Uniform General Conditions applicable to this Solicitation.

Question 16: Escalation of Issues - The Contract Documents appear unclear on escalation of issues for prompt resolution of issues not timely addressed by the project team. Please identify the next level of supervision (name, title, and email) and a desired number of work days (we recommend ten) following either Party's presentment of an issue after which an issue may be escalated by either Party for a senior review, and then a subsequent number of work days (we recommend ten) following first-level escalation after which either Party may escalate to Executive Management for review and informal resolution, or explain what is intended.

Answer 16: Escalation, as described by Respondent, is an administrative matter that GLO typically discusses at the Pre-Construction Conference with Awardees. As stated in answer to Question 15 above, See Section 7.6 Contract Terms and Solicitation Acceptance found in the Solicitation. The GLO may, in its sole discretion, engage in good-faith negotiation of terms and conditions with Providers but has limited discretion to do so. GLO cannot render legal advice to Respondents. Any references to laws or potentially applicable guidance documents in these answers are not intended as legal advice.

Question 17: Termination for Default - Please confirm that prior to a Termination for Default, Owner will provide Contractor thirty (30) calendar days’ notice and opportunity to cure or explain what is intended.

Answer 17: GLO will not confirm this. See Article 14, Suspension and Termination of the UGCs detailing the terms that GLO will adopt for termination. See also Sec. 2.02 Termination of the sample contract provided with the Solicitation stating that GLO may terminate the Contract in accordance with the UGCs. As stated in answer to Question 15 above, See Section 7.6 Contract Terms and Solicitation Acceptance found in the Solicitation. The GLO may, in its sole discretion, Texas General Land Office -6- RFP No. 1790-LP Addendum No. 1 engage in good-faith negotiation of terms and conditions with Providers but has limited discretion to do so. GLO cannot render legal advice to Respondents. Any references to laws or potentially applicable guidance documents in these answers are not intended as legal advice.

Question 18: Architect/Engineer (A/E) or Engineer –

ATKINS

920 Memorial City Way Suite 400 Houston, Texas 77024

(713) 576-8500 Atkins Project: 100083437 GC 3.2 defines Role of Architect/Engineer.

Please confirm that this is not a Construction Manager-at-Risk agreement and that Contractor has no design responsibilities, or explain what is intended.

Answer 18: This is not a Construction Manager-at-Risk agreement and contractor has no design responsibilities.

END OF QUESTIONS AND ANSWERS

Texas General Land Office -7- RFP No. 1790-LP Addendum No. 1

Section 3.1, Schedule of Events, of the RFP is hereby replaced in its entirety with Section 3.1, Schedule of Events below.

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

March 4, 2024

Deadline for Submitting Questions

March 11, 2024 at 2:00 p.m. CT

Anticipated Release Date of Answers to Questions

March 20, 2024

Deadline for Submission of Solicitation Responses (including HUB Subcontracting Plan)

April 4, 2023 at 2:00 p.m. CT

Evaluation Period

April 4, 2024 to April 25 2024

Contractor Selection and Notice of Intent to Award

April 26, 2024

Contract Negotiation and Execution

April 29, 2024 to June 21, 2024

Deadline for Bonds and Insurance

June 21, 2024

Pre-Construction Conference and Notice to Proceed

June 22, 2024

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.com/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

http://www.txsmartbuy.com/sp

Texas General Land Office -8- RFP No. 1790-LP Addendum No. 1

Exhibit C, HUB Subcontracting Plan, of the RFP is hereby replaced in its entirety with Exhibit C, HUB Subcontracting Plan below.

The Addendum No. 1 acknowledgment page follows Exhibit C, HUB Subcontracting Plan.

3/20/2024

HUB Subcontracting Probability Statement

Probable subcontracting has been determined for this solicitation. A completed HUB Subcontracting Plan (HSP) is a requirement of your response. A HUB Subcontracting Form must be completed and returned with any bid, offer or proposal to be considered responsive. If your response to this solicitation does not include a completed HUB Subcontracting Plan, your response shall be rejected as a material failure to comply with advertised specifications.

Please make certain that the potential HUB subcontractor’s HUB status is “A” Active.

All respondents (HUB or Non-HUB) are required to comply.

Reference number: RFP 1790-LP (Rebid of RFP X0029336-LP & RFP X0029336B-LP)

Coastal Construction Services for the Sargent Beach Stabilization Construction Phase I CEPRA Project No. 1709 - Matagorda County, Texas

The HUB Goal for this procurement is 26.0% of the total contract value

The GLO has provided a list of potential areas of subcontracting opportunities by NIGP code based upon the GLO’s understanding of this procurement request. The GLO is relying upon the Bidder’s or Proposer’s expertise to fully identify subcontracting opportunities that best align with their organization and this procurement request. In accordance with 34 TAC §20.282, a subcontractor means a person who contracts with a prime contractor to work, to supply commodities, or contribute toward completing work for a governmental entity.

NIGP Class NIGP Item Description of Goods and Services

085 85 Soil Erosion Sheeting Material, Including Silt Fencing etc.

405 09 Diesel Fuel and Oil Lubricants

405 31 Lubricant and Fuel, Industrial Type

750 35 Crushed Stone, (Includes Riprap)

760 04 Heavy Construction Equipment

765 13 Cranes, Truck Mounted Type, Heavy Duty

905 04 Aerial Photogrammetry Services

905 05 Aerial Photography, Including Drones

905 10 Aerial Surveys and Mapping Services

909 74,75 Site Clean-Up, Pre-Construction; Site Clean-Up Post Construction

912 23 Construction General: Rock Stabilization etc.

912 40 Demolition Services

912 44 Excavation Services

914 84 Construction: Trade Services (Not Otherwise Classified)

926 42 Environmental Services (Not Otherwise Classified)

958 97 Wildlife and Fish Management Services, Including Endangered Species

3/20/2024

You may download the HUB Subcontracting Plan form from the Office of the Comptroller of Public Accounts website. This version will guide the respondent through the various fields and assist them in completing it correctly:

https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf

Respondents may access the State of Texas HUB Database CMBL to find HUB subcontractors by NIGP class and item through the following website: https://mycpa.cpa.state.tx.us/tpasscmblsearch/ Select “HUBs only” when conducting the search.

The National Institute of Government Purchasing (NIGP) commodity code book may be found at the following link:

https://www.comptroller.texas.gov/purchasing/nigp/

Minority and women owned business association resources are available for your subcontracting solicitation notices to State of Texas HUB vendors at this link:

https://comptroller.texas.gov/purchasing/vendor/hub/resources.php

If you have any questions about the HUB Subcontracting Plan, identifying HUB vendors with proper NIGP codes, contact Daphne Grantham at 512-914-7777 or daphne.grantham@glo.texas.gov , Vonda White at 512-947-6441 or Vonda.white@glo.texas.gov .

https://comptroller.texas.gov/purchasing/docs/hub-forms/hsp-allfms.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/ https://www.comptroller.texas.gov/purchasing/nigp/ https://comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:daphne.grantham@glo.texas.gov mailto:Vonda.white@glo.texas.gov

Rev. 2/17

HUB Subcontracting Plan (HSP)

QUICK CHECKLIST

While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency.

If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors.

Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.

If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:

Section 2 a. - Yes, I will be subcontracting portions of the contract.

Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors.

Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.

If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (i.e., employees, supplies, materials and/or equipment), complete:

Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources.

Section 3 - Self Performing Justification Section 4 - Affirmation

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HUB Subcontracting Plan (HSP)

In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).

NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b).

The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

Respondent (Company) Name:

Point of Contact:

State of Texas VID #:

Bid Open Date:

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

(mm/dd/yyyy)

- Yes - No a.

b.

c.

In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

E-mail Address:

Is your company a State of Texas certified HUB?

Requisition #:

Phone #:

Fax #:

- Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to Item d, of this SECTION.)

- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.)

- No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)

Non-HUBs

HUBs

Enter your company’s name here: Requisition #:

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS

After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.

a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:

b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

1 %

6 %

11 %

Aggregate percentages of the contract expected to be subcontracted:

(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.

d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you do not have a continuous contract* in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements.”

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

- No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.)

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)

This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item # Subcontracting Opportunity Description

HUBs Non-HUBs

16 % % %

Aggregate percentages of the contract expected to be subcontracted:

HSP – SECTION 2

(Continuation Sheet)

*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

Percentage of the contract expected to be subcontracted to

HUBs with which you do not have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more than five (5) years.

Percentage of the contract expected to be subcontracted to non-HUBs.

SECTION 3: SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) If you responded “No” to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies, materials and/or equipment.

SECTION 4: AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition:

• The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

• The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.xls).

• The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.

• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.

Printed Name Title Date (mm/dd/yyyy)

Signature

Reminder:

If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b.

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls

HSP Good Faith Effort - Method A (Attachment A)

Enter your company’s name here:

Requisition #:

IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf

SECTION A-1: SUBCONTRACTING OPPORTUNITY

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Item Number:

Description:

Company Name Texas certified HUB Approximate

Dollar Amount Expected

Percentage of Contract

- Yes - No $

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

- Yes - No

REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

(Attachment A)

Texas VID or federal EIN Do not enter Social Security Numbers.

If you do not know their VID / EIN, leave their VID / EIN field blank.

SECTION A-2: SUBCONTRACTOR SELECTION

List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Employer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp

Enter your company’s name here:

Requisition #:

HSP Good Faith Effort - Method B (Attachment B)

IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf..

SECTION B-1: SUBCONTRACTING OPPORTUNITY

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Item Number: Description:

SECTION B-2: MENTOR PROTÉGÉ PROGRAM

If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work.

Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé.

- Yes (If Yes, continue to SECTION B-4.)

- No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION B-4.)

SECTION B-3: NOTIFICATION OF SUBCONTRACTING OPPORTUNITY

When completing this section you MUST comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person.

When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at https://www.comptroller.texas.gov/purchasing/docs/hub-forms/HUBSubcontractingOpportunityNotificationForm.pdf.

Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.

Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to you submitting your bid response to the contracting agency. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Texas Vendor Identification (VID) Number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.

Did the HUB Respond?

Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more trade organizations or development centers in Texas to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

List two (2) trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.

Trade Organizations or Development Centers Was the Notice Accepted?

(Attachment B) a.

b.

c.

d.

- Yes

- Yes

- Yes

- Yes

- Yes

- No

- No

- No

- No

- No

Texas VID (Do not enter Social Security Numbers.)

Date Notice Sent (mm/dd/yyyy)

Company Name

Date Notice Sent (mm/dd/yyyy) http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1

Rev. 2/17 HSP Good Faith Effort - Method B (Attachment B) Cont.

SECTION B-4: SUBCONTRACTOR SELECTION

Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.

Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.

Item Number: Description:

List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Emplioyer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

- Yes - No $ %

If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):

REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.

(Attachment B) a.

b.

c.

Company Name Approximate

Dollar Amount Expected

Percentage of Contract

Texas certified HUB Texas VID or federal EIN

Do not enter Social Security Numbers.

If you do not know their VID / EIN, leave their VID / EIN field blank.

HUB Subcontracting Opportunity Notification Form

In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.

34 Texas Administrative Code, §20.285 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three (3) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, at least seven (7) working days prior to submitting its bid response to the contracting agency, the respondent must provide notice of each of its subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code §20.282(19)(C).

We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.

SECTION A: PRIME CONTRACTOR’S INFORMATION

Company Name:

Central Time Date (mm/dd/yyyy)

Point-of-Contact:

E-mail Address:

State of Texas VID #:

SECTION B: CONTRACTING STATE AGENCY AND REQUISITION INFORMATION

Agency Name:

Point-of-Contact: Phone #:

Requisition #: Bid Open Date:

(mm/dd/yyyy)

SECTION C: SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION

1. Potential Subcontractor’s Bid Response Due Date:

If you would like for our company to consider your company’s bid for the subcontracting opportunity identified below in Item 2, we must receive your bid response no later than

In accordance with 34 TAC §20.285, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certified HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.282(19)(C).

(A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.)

2. Subcontracting Opportunity Scope of Work:

3. Required Qualifications: - Not Applicable

4. Bonding/Insurance Requirements: - Not Applicable

5. Location to review plans/specifications: - Not Applicable on

Phone #:

Fax #:

Texas General Land Office -9- RFP No. 1790-LP Addendum No. 1

In the submission of the Solicitation Response, the Respondent shall acknowledge receipt of this addendum; otherwise, the Solicitation Response may not be given consideration. The Respondent shall acknowledge receipt by returning a signed copy of this notice with the solicitation response.

RFP No. 1790-LP

Sargent Beach Stabilization Construction Phase I

CEPRA Project No. 1709

Addendum No. 1

Respondent Name:…