PUERTO RICO PUBLIC-PRIVATE PARTNERSHIP AUTHORITY SAN JUAN, PUERTO RICO

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1 PUERTO RICO PUBLIC-PRIVATE PARTNERSHIP AUTHORITY SAN JUAN, PUERTO RICO REQUEST FOR QUALIFICATIONS DESIGN, BUILD AND INFRASTRUCTURE CONSERVATION SERVICES SCHOOL MODERNIZATION PROJECT: SCHOOLS FOR THE 21TH CENTURY ADDENDUM NO. 1 FOR CLARIFICATION AND/OR ADDITIONAL INFORMATION The questions and answers included in this document are for information and clarification purposes only. This document does not change the requirements of the June 22, 2010 RFQ. The questions answered in this Addendum 1 are only those related to the RFQ process and are organized by subject. Questions received related to the same subject have only been answered once. The terms in Capital letters used in this Addendum 1 have the same definition provided in the RFQ. I Team Members 1. What kind of professionals can develop the designs for the schools? Any architect or engineer licensed by the Commonwealth of Puerto Rico, who complies with the provisions of the law that applies to their profession and the requirements of the RFQ. 2. As Consultants, can we participate with more than one Proposing \ Team \ Consortium for the same Proposal \ Project? Specialists by discipline in areas such as electric, mechanic, technology, and/or others can participate in more than one team. However, no individual or company can participate in the process as a Team Member (as defined in the RFQ) of more than one team by category. Subcontractors, or discipline specialists should be identified in the Submittal of Qualifications ( SOQ, as defined in the RFQ). The primary design firm ( Team Member, as defined in the RFQ) may only participate in one team. 3. Could a Design or Architecture firm be associated with two different contractors? Does it make a difference if the Contractors work in different geographical areas? The Design or Architecture firm is considered a principal or member of the team ( Team Member as defined in the RFQ) and may only participate in one team. No individual or company may participate in the process as a Team Member (as defined in the RFQ) in more than one team per bonding capacity category regardless of the geographic area. 4. Should the designer be the leader of the Proponent/Team presenting the RFQ-SOQ? The teams need to provide and comply with the requirements of the RFQ for the design, construction and maintenance. Each team shall determine who is/are the leader(s) of said team. Addendum No. 1, Page 1 of 5

2 5. How will the Design services be paid, since they are the first to be completed? The selected proponent shall submit its Schedule of Values at the beginning of the project and will be paid according to it as the work is completed and certificates of payment are presented. 6. Could a company provide design services in one team and also provide management supervision, and inspection engineering services to AFI in this project? No. Although the selection for the management, monitoring, and inspection services will be performed by AFI according to their traditional procedure, the services requested in this RFQ are incompatible with those of management, monitoring, and inspection. 7. Can a design firm submit its professional qualifications individually to be qualified for this program? No. Every Prospective Proposer must submit the documentation according to the RFQ requirements, covering all aspects of design, construction, and maintenance of infrastructure. 8. Could two companies (i.e. Architects or Contractors) merge through written agreement, and appear as a single design entity, with the intention of combining production capacity, experience and financial capability? Various companies may form part of a Team to meet the requirements of the RFQ, including more than one architecture firm for the design component, or more than one contractor for the construction part. We would like to point out that, for purposes of this RFQ, such firms will be considered as a Team. 9. Could a new company qualify based on the individual experience of its members? Every company has the right to participate. The Authority suggests that new firms detail the experience of the company, as well as the experience of its members. 10. How is a maintenance company qualified? To qualify, a maintenance company must be part of a design-construction and maintenance team, and comply with the requirements established in section 3 of the RFQ. 11. Will the Authority publish the list of the qualified proponents? webpage. Yes. The Authority will publish the qualified proponents list on its webpage and on AFI s 12. How many companies will be included in the list of qualified proponents? the RFQ. The Authority will include those entities that comply with the requirements established in Addendum No. 1, Page 2 of 5

3 II Packages 1. How will the project be financed? The project will be financed in its entirety by public funds from a bond emission. 2. Can a proponent quote all RFP packages for which they have bonding capacity, and available professional, technical and construction personnel? The proponents shall participate by invitation in the RFP packages. Invitations to the different RFP packages will be based on bonding capacity and experience. III Insurances and Bonds 1. Could the bonding capacity letter example included in the RFQ be modified? Yes, but only to add information since the model letter has the minimum information required in relation to the bonding capacity. The surety can add information, if they understand that it is necessary. A communication from the surety, containing information equal or similar to the one given as an example in the RFQ will be accepted 2. Why is an error & omission clause requested if it is a design & build? The Error & Omission clause is requested from the design companies, and is used to confirm that the design firm is insurable or has the capacity of obtaining the error & omission insurance. IV Economic Capacity 1. Which financial statements shall be provided with the RFQ documentation? Each participating company must submit their corresponding financial statements. However, self-employed participants (i.e DBA s) shall submit their personal financial statements. 2. What would the PPP Committee evaluate in a Consortium? The PPP Committee will evaluate the financial capacity of the Team, its credentials and the individual experience of each member. V General 1. Should a prospective Proponent comply with all Federal Acquisition Regulations (FAR) requirements, including the Buy-American Act and Davis-Beacon Act? As indicated in the RFQ, Section 2.1.4: The Project may be funded in whole or in part through the issuance of certain tax-credit bonds authorized under the American Recovery and Reinvestment Act of 2009 (ARRA). Such funding will require that the PPP Contracts, expected to be entered into by successful Proponents and AFI, include provisions requiring the Contractors to Addendum No. 1, Page 3 of 5

4 comply with the prevailing wage requirements of the Davis-Bacon Act (Title 40, Chapter 31, Subchapter IV of the United States Code) (the DBA ). It is expected that the PPP Contracts will include certain provisions relating to the applicability of and compliance with the DBA, including as set forth in 29 CFR Part 5.5. A further explanation of these requirements and their applicability to the PPP Contracts will be set forth in the RFP. The Project is not expected to be financed with Federal funds, except to the extent of using such tax-credit bonds. 2. Could a Designer include, as part of its experience, the projects that were designed (including the preparation of construction documents) but never built? Yes, those projects could be included. Designer should identify such projects as designed but not built and include the estimated cost of the project. 3. Can Consortiums qualify in the different categories between $4MM to $30MM? Yes. Qualification will be based on the RFQ requirements. The PPP Committee will make the final determination as established in Act No. 29, dated June 8, 2009 and the Regulation for the Procurement, Evaluation, Selection, Negotiation and award of Public-Private Partnership contracts under Act No. 29 of June 8, However, the PPP Committee does not have the obligation of inviting to the RFP process every consortium or company that qualifies in a specific category. 4. Are you considering that structural improvements comply with earthquake codes? Information will be included in RFP. The designer shall comply with all the design/construction codes in effect at the moment of the design s submission. 5. Will the projects be LEED certified? The RFQ indicates that during the evaluation process, the PPP Committee will consider favorable a designer s knowledge in green and sustainable design practices. 6. Will asbestos and lead studies be performed in the schools to be remodeled? Schools with asbestos and lead are currently being identified. 7. Should the companies interested in being qualified for this project be registered in the Registro Único de Licitadores?. The companies that are part of the team shall be registered at the Registro Único de Licitadores. The team itself does not have to be registered in the Registro Unico de Licitadores. 8. Would it be possible to create a parent company in which the designer, the contractor, the maintenance company, and the administration company are subcontracted, and at the same time, each one of these companies have their own subcontractors? The company/team selected shall comply with the requirement of executing 25% of the total project. Addendum No. 1, Page 4 of 5

5 9. Could the complete or partial routine school maintenance be included as part of the responsibilities of the construction and maintenance company? The maintenance consists of infrastructure conservation and it will be specified in the RFP. 10. Does a contractor previously qualified by AFI need be qualified again? Yes, since this is a new process. 11. Will the design of the schools include HVAC Systems? Details relevant to each school or package will be included in the RFP. 12. What is the approximate number of schools that will be worked at once, and how large will the package be in terms of cost? The Authority expects a net investment of $700 million that will impact approximately 100 schools. The project shall have an effect on at least one school per Municipality and will benefit over 50,000 students. The schools will be grouped in packages according to their needs and availability. The amount of schools per package will be determined after the RFQ process. There will be a minimum of one school per package. 13. How will the payment process be structured under the contract with the Authority? This is a contractual issue. The necessary parameters will be established to make the payments diligently. Remember that the due date to present the documentation is July 14, 2010 before 3:00 pm at the AFI office, Capital Center, 15 th floor. Addendum No. 1, Page 5 of 5