Ohio.gov State Agencies  |  Online Services
Skip Ribbon Commands
Skip to main content
Attachments
  
Pre-bid Question #1
Topic:  Font Size for Statement of Qualifications
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 11/21/2012
Question:
Please clarify the following statement on page 10 of the RFQ:
  
 "Font shall be at least 12 point in Times New Roman. Margins shall be at least 1" all around. Text contained on charts, exhibits, design plans, and other illustrative and graphical information shall be legible."
  
 Does this imply that fonts used for charts, exhibits, design plans, and other illustrative/graphical information do not need to follow the 12 point Times New Roman requirement, but must remain legible?
Date of Response:  11/21/2012
Response:
Yes.
Addendum: No
Edit:  
Pre-bid Question #2
Topic:  Financing Party Support Letters - Rating
Company Name: KeyBank NA
Contact Person: Jose Herrera
email: jose.herrera@key.com
Phone: (917)368-2390
Question Received: 11/27/2012
Question:
Please clarify the following statement under section E-5 Financing Party Support Letters:
 
 "Each letter must be provided by a bank, underwriter and/or other financial institution that has long-term, unsecured debt ratings of not less than ["A" or its equivalent] issued by at least two of three major rating agencies..."
 
 Is the "A" rating noted a category of rating or ODOT also allow for sub-categories under a "A" rating?  In our case our ratings are A3/A-/A- by Moody's, S&P and Fitch, respectively. and it would preclude KeyBank from acting as a Financing Party.  Also, we have another bank. in our club of participating bank that has ratings of A3/BBB+/BBB+ and they would also be precluded.
 
 In this environment of tight bank liquidity, the rating requirement seems onerous and would eliminate a significant number of banks and would restrict the Bidders and ODOT's access to available bank capital.
 
Date of Response:  11/29/2012
Response:  
The minimum rating required for a Financing Party that provides a support letter is "A-" or its equivalent.  An addendum will be issued to amend this requirement in the RFQ.
Addendum: Addendum #1
Edit:  
Pre-bid Question #3
Topic:  Financing Party Support Letters - Rating
Company Name: Trumbull-Great Lakes-Ruhlin
Contact Person: Bill Woodford
email: bill.woodford@trumbullcorp.com
Phone: (412)807-2134
Question Received: 11/27/2012
Question:
Section E-5 of the RFQ (page 17) requires the Financing Parties to have long-term, unsecured debt ratings of not less than “A” or equivalent. Are subcategories of an A rating, such as “A-“, acceptable?
Date of Response:  11/29/2012
Response:  
See response to Pre-bid Question #2.
Addendum: Addendum #1
Edit:  
Pre-bid Question #4
Topic:  Financing
Company Name: Trumbull-Great Lakes-Ruhlin
Contact Person: Bill Woodford
email: bill.woodford@trumbullcorp.com
Phone: (412)807-2134
Question Received: 11/27/2012
Question:
During preliminary meetings regarding the Project, ODOT indicated that payments would be made to the DBE starting in 2016 at the rate of approximately $100M per year for 3 years. The RFQ section 1.3A states that “In the first quarter of the state fiscal year 2016...the Department will pay for all prior approved completed work...”.  Is this a revision to the method of payment indicated in earlier meetings?
Date of Response:  11/29/2012
Response:  
The anticipated financial structure described in Section 1.3 the RFQ supersedes any prior information that the Department may have provided/discussed regarding the Project's financial structure or payments.  However, the Submitters should take note of the final paragraph of Section 1.3 of the RFQ.
Addendum: No
Edit:  
Pre-bid Question #5
Topic:  Financing
Company Name: Trumbull-Great Lakes-Ruhlin
Contact Person: Bill Woodford
email: bill.woodford@trumbullcorp.com
Phone: (412)807-2134
Question Received: 11/27/2012
Question:
In the event that adequate funds are not appropriated to cover the Project cost, what rights are available to the Submitter and Financing Parties to recover or secure the debt?
Date of Response:  12/4/2012
Response:
The obligations of the Department under the DBF contract will be specifically conditioned upon the appropriation, in any biennium, of sufficient funds by the Legislature to enable the Department to pay its obligations under the DBF contract pursuant to the Department’s policy of funding its obligations.  If for any reason the Department does not receive sufficient appropriations to pay its obligations under the DBF contract, the Department is not obligated to make payments during that biennium.  Unless the DBF contract is otherwise terminated, any unpaid obligation of the Department under the DBF contract may be paid in a future biennium for which sufficient funds have been appropriated by the Legislature to make the payment.
Addendum: No
Edit:  
Pre-bid Question #6
Topic:  Financing
Company Name: Clary Consulting
Contact Person: Lowell Clary
email: lowell.clary@claryconsulting.com
Phone: (412)807-2135
Question Received: 11/27/2012
Question:
The Request for Qualifications requires that the submitting team provide letters of support from financial partners to support the gap financing on the project.  May short-listed teams substitute a different finance approach and/or financial partner in the final proposal than the team provides in the submittal to the Request for Qualifications provided the substitute meets the requirements of the final Request for Proposal?
Date of Response:  11/29/2012
Response:  
Yes
Addendum: No
Edit:  
Pre-bid Question #7
Topic:  SOQ Format
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/28/2012
Question:
Section 2.2 limits Appendix A to 10 pages, which is two pages per Key Personnel as allowed in Section 2.4 Part C.  Section 2.4 Part C also allows for a Key position to be performed by more than one person.  If the DBT elects to have a Key position performed by multiple people, can each person’s resume take two pages thereby increasing the total pages in Appendix A to something greater than 10 pages?
Date of Response:  11/29/2012
Response:  
The page limit will be removed from Appendix A. Resumes will be limited to 2 pages each. This will be clarified in an addendum.
Addendum: Addendum #1
Edit:  
Pre-bid Question #8
Topic:  SOQ Format
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/28/2012
Question:
Does the font on Forms C1, C2, D1, E1, and E2 need to be 12 point in Times New Roman or are these considered charts and exhibits (i.e. font shall simply be legible)?
Date of Response:  11/29/2012
Response:  
Forms C1, C2, D1, E1, and E2 are considered charts. Fonts shall be legible.
Addendum: No
Edit:  
Pre-bid Question #9
Topic:  SOQ Format
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/28/2012
Question:
Given the amount of information requested in Part B – Project Understanding and Approach (9 specific topics), we request that the page limit for Part B be increased from 8 to 15 pages.  Is this acceptable?
Date of Response:  11/29/2012
Response:  
The Department has considered this request. No change will be made to the page limit for Part B.
Addendum: No
Edit:  
Pre-bid Question #10
Topic:  SOQ Oral Interviews
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/28/2012
Question:
Will the Department be requesting the Submitters to participate in an Oral Interview during the shortlisting process?  We recommend that this occur to allow the Department the opportunity to fully understand each DBTs proposal.
Date of Response:  11/29/2012
Response:  
The Department has considered this request. Oral interviews will not be included in the shortlisting process.
Addendum: No
Edit:  
Pre-bid Question #11
Topic:  SOQ Content
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/28/2012
Question:
In Part A, for the certifications from duly authorized officers of each major participant, are electronic signatures or copies of signatures acceptable?  Do any of the 25 submitted copies of the SOQ need to have an original inked signature?
Date of Response:  11/29/2012
Response:  
Submittal requirements will be modified to require one original signed copy and 24 additional copies with electronic/copied signatures. This will be clarified in an addendum.
Addendum: Addendum #1
Edit:  
Pre-bid Question #12
Topic:  SOQ Content
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/30/2012
Question:
Form C1 is to be included in Part A and counts towards the maximum of 3 pages.  Since this form requires information for each Major Participant, multiple sheets may be required for some proposers.  Can this form be included in an Appendix and removed from the page count limit in order to provide all proposers the same amount of room for additional information in Part A?
Date of Response:  12/2/2012
Response:
Page count will not be modified for Part A.  As stated in the response to Question #8, Form C1 is considered a chart.  Form C1 may be modified to accommodate additional major participants as long as it is legible.
Addendum: No
Edit:  
Pre-bid Question #13
Topic:  SOQ Content
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/30/2012
Question:
In order to maintain confidentiality between members of each DBT, can the financial information required in Part E for individual Major Participants be submitted in separate sealed packages?
Date of Response:  12/2/2012
Response:
Submittal requirements for Financial Information will be modified to allow for individually sealed packages for each Major Participant . This will be clarified in an addendum.
Addendum: Addendum #2
Edit:  
Pre-bid Question #14
Topic:  SOQ Content
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 11/30/2012
Question:
Per Section E-10.2, the Financial Experience provided on Form D1 and its attachment are graded with Part E.  We request that this information be moved from Part D to Part E where it is more applicable.
Date of Response:  12/7/2012
Response:
Form D-1 addresses technical, construction and financial information and will be used in the evaluation of both Part D and Part E.  Therefore, the information will remain in its original location.
Addendum: No
Edit:  
Pre-bid Question #15
Topic:  Confidentiality
Company Name: Trumbull-Great Lakes-Ruhlin
Contact Person: Bill Woodford
email: bill.woodford@trumbullcorp.com
Phone: (412)807-2134
Question Received: 11/30/2012
Question:
What is the Department’s confidentiality policy regarding the Submitters’’ SOQ Documents? In the past the Department has not released the SOQ documents until award of the Project to protect the innovative ideas of each Submitter. While the documents are subject to the Ohio Open Records laws they should not be released until the procurement is complete.
Date of Response:  12/3/2012
Response:  
See the last paragraph of Section 1.8 of the RFQ related to confidentiality of SOQs.  Further details regarding confidentiality of Technical and Financial Proposals and Alternative Technical Concepts will be provided in the RFP.
 
Addendum: No
Edit:  
Pre-bid Question #16
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
Please detail the budget process with respect to this specific project.
Date of Response:  12/7/2012
Response:
The state will estimate the total amount of state and federal revenues it expects to receive during the 2016/2017 biennial budget period.   The biennial budget will be submitted based on those estimated revenues.  Projects are not itemized in stand-alone line items in the budget.  When the legislature passes the Transportation Bill, it will be enacted on July 1, 2015 for Fiscal Year 2016, or 90 days after the Governor signs the Transportation Bill if it is not signed by April 1st.  The Department will have the flexibility of utilizing the appropriations passed in the Transportation Bill for the various projects selected including the project in question.
Addendum: No
Edit:  
Pre-bid Question #17
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
Will this project be a  line item within the budget?  If so, where in the budget would the project appear?
Date of Response:  12/7/2012
Response:
No, this project will not be a stand-alone line item in the budget.  This project will be funded from two line items in our budget which cover multiple projects.
Addendum: No
Edit:  
Pre-bid Question #18
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
What are the sources of funding?  Federal vs State dollars?  If there are Federal dollars involved in the project, when does the State know its Federal funding as it relates to the State budgeting process?  Are the Federal dollars awarded on a project basis?
Date of Response:  12/7/2012
Response:
The project is funded with both state and federal dollars, the vast majority of which are derived from federal funding.  The year in which we will appropriate and encumber the funding is FY 2016.  As stated in the response to number 1 above, we will estimate the amount of Federal Highway funding we will receive for FY 2016 when we submit our biennial budget.  We will know our total level of actual federal funding for FY 2016 before October 1st 2015 if the federal government passes a full year highway appropriations bill.  Those federal appropriations will be available on October 1st.  If the federal government does not pass a full year appropriations bill we could receive our federal appropriations through one or more continuing resolutions.
Addendum: No
Edit:  
Pre-bid Question #19
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
If the funding for this project  is approved and appropriated for the in FY 2016 budget, it is stated that the Department will pay for all prior approved completed work during the first quarter.  At that point, it is assumed that the Bank financing will be paid off.  Does Department expect to directly fund future payments to the Contractor or is the expectation that the Bank continue to be an intermediary?
Date of Response:  12/7/2012
Response:
ODOT expects to pay for the completed work and assumes that the contractor would be able to pay off a significant portion (if not all of its financing).  Following the first quarter of FY2016, ODOT expects to pay for completed work on a current basis.  Use of debt and role of any financing party are ultimately for the DBT to determine.
Addendum: No
Edit:  
Pre-bid Question #20
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
It is expected that a syndicate of banks will be required in order to provide a loan commitment for the entire project amount.  If the Lead Bank is an A- or better, will the Department allow a participant bank to have a lower rating?
Date of Response:  12/7/2012
Response:
All Financing Parties must have a minimum rating of A- or its equivalent.
Addendum: No
Edit:  
Pre-bid Question #21
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
In section 1.3 A - Payments for Work.  It is noted that the Department will track the progress of the project on a monthly basis.  Will the tracking of the progress be in the form of an official "sign off" as to the acceptability of the work?
Date of Response:  12/7/2012
Response:
The details related tracking progress have yet to be finalized.  Details will be provided in the RFP documents.
Addendum: No
Edit:  
Pre-bid Question #22
Topic:  Financing
Company Name: PNC
Contact Person: Patricia Jackson
email: patricia.jackson@pnc.com
Phone: (614)463-8065
Question Received: 12/3/2012
Question:
Is there an example of a  Support Letter that would meet the Departments criteria?
Date of Response:  12/7/2012
Response:
Clauses 1-6 of Section E-5 of the RFQ provides ODOT's minimum requirements for the support letter.   It is not ODOT's intent to be prescriptive regarding this letter beyond these requirements.
Addendum: No
Edit:  
Pre-bid Question #23
Topic:  Financing
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/3/2012
Question:
If the Submitter  is a subsidiary of a parent company who is providing a support letter, do you want us to provide both the financial statements for the Submitter and the parent company or just the parent company.
Date of Response:  12/4/2012
Response:
See clause 3 of Section E-3 of the RFQ.
Addendum: No
Edit:  
Pre-bid Question #24
Topic:  Financing Party Support Letters - Rating
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/3/2012
Question:
In section E-5, the Financing Support Letter has a requirements of long-term, unsecured debt rating of not less than an [“A” or its equivalent] issued by at least two of the three major rating agencies.  We request the minimum rating be changed to BBB+.
Date of Response:  12/4/2012
Response:
See response to Pre-bid Question #2.
Addendum: Addendum #1
Edit:  
Pre-bid Question #25
Topic:  Financing Party Support Letters - Rating
Company Name: Kokosing
Contact Person: Mike Currie
email: mwc@kokosing.biz
Phone: (614)2125607
Question Received: 12/3/2012
Question:
Section E-5 indicates that the Submitter is to “provide letters from at least three, but not more than 6, potential Financing Parties”.  If several banks are pursuing the financing as a team to they separately qualify as one of the minimum three?
Date of Response:  12/4/2012
Response:
Regardless of any club or syndicate lending arrangement that may be contemplated, each bank would be viewed as a separate Financing Party and each letter would be viewed as an independent letter.
Addendum: No
Edit:  
Pre-bid Question #26
Topic:  Financing Party Support Letters - Rating
Company Name: Kokosing
Contact Person: Mike Currie
email: mwc@kokosing.biz
Phone: (614)2125607
Question Received: 12/3/2012
Question:
Section E-5 indicates that the Submitter is to “provide letters from at least three, but not more than 6, potential Financing Parties” and states to “include, at a minimum, the following:
  
 1. Evidence of the Financing Party’s long-term, unsecured debt rating;
 2. Explicit support for the Submitter and interest in providing a loan or underwriting bonds for the Project; 3. Acknowledgement that the Financing Party has reviewed this RFQ and is familiar with the contractual structure and financial structure described in Section 1.3;
 4. A statement that the Submitter or the applicable Submitter member is capable of securing, managing and bringing to financial close the financing of a design-build-finance project of the size and nature of the Project;
 5. Any assumptions regarding the provision of support from a parent company of a Submitter member; and
 6. Details regarding any experience the Financing Party has with the Submitter or any member of the Submitter in connection with any private financing committed or provided for an infrastructure project in the past five years; each such experience must contain reference information with respect to that project with a contact name, phone number and e-mail address.
   
 Is it expected that the Financial Parties will provide the statement itemized in number 4, or is the statement that “the Submitter or the applicable Submitter member is capable of securing, managing and bringing to financial close the financing of a design-build-finance project of the size and nature of the Project” intended to come from the Submitter?
Date of Response:  12/4/2012
Response:
Clauses 1 - 6 in Section E-5 describe information or statements that must be provided by each Financing Party in its support letter.
Addendum: No
Edit:  
Pre-bid Question #27
Topic:  Capabilities and Experience
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com 
Phone: (216)452-5902
Question Received:  12/3/2012
Question:
Are the projects listed on form D1 required to be 100% complete at the time of SOQ submission?

Date of Response:  12/7/2012

Response:
Form D1 addresses, technical, construction and financial elements.  With respect to technical and construction elements, procured in-progress projects may be submitted at the discretion of the Submitter to represent their experience.  An addendum will be issued to clarify.
Addendum: Addendum #2
Edit:  
Pre-bid Question #28
Topic:  Financing
Company Name: Kokosing
Contact Person: Mike Currie
email: mwc@kokosing.biz 
Phone: (614)212-5607
Question Received:  12/4/2012
Question:
Providing a discussion of the alternative financial approaches with a reasonable level of detail as to each is difficult.  Can the 3 page limit be increased to 5?
Date of Response:  12/7/2012
Response:
The page limit will remain at 3 pages. 
Addendum: No
Edit:  
Pre-bid Question #29
Topic:  SOQ Format
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received:  12/4/2012
Question:
It is understood that the page limit for key personnel resumes are 2 pages each, and if two individuals fill one of the key personnel roles then two resumes may be submitted.   Please confirm additional resumes beyond the 5 key personnel positions are not allowed.
Date of Response:  12/4/2012
Response:
The page limit for key personnel resumes are 2 pages each and if two individuals fill one of the key personnel roles, then two resumes may be submitted. Additional resumes beyond the 5 key personnel positions are not allowed.
Addendum: No
Edit:  
Pre-bid Question #30
Topic:  Financing Party Support Letters - Rating
Company Name: Clary Consulting
Contact Person: Lowell Clary
email: lowell.clary@claryconsulting.com
Phone: (412)807-2135
Question Received: 12/5/2012
Question:
We have the following Question for consideration by ODOT on RFQ CUY-90-14.90, Project Number 133000, PID 82119 related to the following section of the RFQ:
 
E-5 Financing Party Support Letters
Provide support letters from at least three, but not more than six, potential Financing Parties (i.e., lenders or underwriters of debt financing). Each letter must be provided by a bank, underwriter and/or other financial institution that has long-term, unsecured debt ratings of not less than [“A” or its equivalent] issued by at least two of the three major rating agencies (Fitch Ratings, Moody’s Investor Service and Standard & Poor’s Ratings Group) and include, at a minimum, the following:
1. Evidence of the Financing Party’s long-term, unsecured debt rating;
 
Background – Operating as a bond underwriter is different than a bank and many underwriters are not part of a commercial bank.  As such, most of these underwriters do not have long-term debt and as such a do not have a rating from bond rating agencies.  There is not adequate time to secure a rating from two rating agencies before the response is due on the RFQ.  The U.S. Securities and Exchange Commission sets the capital requirements for underwriters and calculates a capacity to underwrite bonds.  Under a bond approach it would be useful to add an option for underwriters to qualify based on their ability to underwrite bonds as calculated by the SEC.
 
The question is as follows:  
Would ODOT consider a change to Section E-5 on page 17 of the RFQ as follows or similar?
 
               “Each letter must be provided by a bank, underwriter and/or other financial institution that has long-term, unsecured debt ratings of not less than [“A” or its equivalent] issued by at least two of the three major rating agencies (Fitch Ratings, Moody’s Investor Service and Standard & Poor’s Ratings Group) or that has an underwriting capacity greater than $1 billion as shown on the most recent U.S. Securities and Exchange Commission form SEC X-17-5 (Focus Report) and include, at a minimum, the following:
1. Evidence of the Financing Party’s long-term, unsecured debt rating or that has an underwriting capacity greater than $1 billion; “
 
Date of Response:  12/13/2012
Response:
ODOT has considered this request but will not make the requested change.  Please note that the requirements for Financing Party commitment letters in the RFP will not be the same as the requirements for the support letters, as they serve different purposes.  ODOT anticipates that the RFP requirements will permit a broad range of financing options for the Proposers.
Addendum: No
Edit:  
Pre-bid Question #31
Topic:  Financing
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/6/2012
Question:
On Page RFQ-16, Section E-2 states that each Major Participant shall provide a completed Form E-1 for the most recent three fiscal years.  Is it the intent that this form be filled out for all major participants as defined in Section 1.10 or for the major participants that will participate in the financing of the Project?
Date of Response:  12/11/2012
Response:
Form E1 should include financial information for the following: (a) the Submitter; (b) if the Submitter is a partnership, join venture or limited liability company, all general partners or joint venture members of the Submitter; and (c) any parent company entity that provides a letter of support and completed Form E2 pursuant to Section 2.4, Part E-4.  Section 2.4, Part E-2 will be amended to reflect these additional details.
Addendum: No
Edit:  
Pre-bid Question #32
Topic:  Financing
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/6/2012
Question:
Historically public companies have a credit rating.  If our company does not have a credit rating should we leave this item blank or on past pursuits we have included the D & B credit rating report.  Please clarify what you would like us to provide.
Date of Response:  12/11/2012
Response:
Credit ratings for the debt of a Submitter (or other entity referred to in Section 2.4, Part E-7) are required only if the debt is rated.  Providing any information not required by the RFQ is entirely within the Submitter's discretion.
Addendum: No
Edit:  
Pre-bid Question #33
Topic:  Technical Experience
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/6/2012
Question:
Relevant to technical experience, is the criteria for projects on form D1 as listed in note 1 (Page RFQ -27 of RFQ-29) or is it the criteria as noted on Page RFQ-14 of RFQ-29 Section 10? Please clarify if the project design and construction had to be complete in the last ten years and/ or if the project had to be procured in the last ten years.
Date of Response:  12/7/2012
Response:
Procured in-progress projects completed in the last ten years for design and construction may be submitted at the discretion of the Submitter to represent their experience.  An addendum will be issued to clarify. 
Addendum: Addendum #2
Edit:  
Pre-bid Question #34
Topic:  Financing
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/6/2012
Question:
In reference to Part E-8, if there are no bankruptcy / insolvency proceedings is it acceptable to leave this section blank or would you prefer a letter from each major participant stating this it is not applicable.  Is this required for all major participants as defined in Section 1.10 or major participants that will participate in financing of the Project.
Date of Response:  12/11/2012
Response:
The information requirements of Section 2.4, Part E-8 apply to all Major Participants as defined in Section 1.10.  If there are no bankruptcies or other proceedings to disclose, the Submitter may note "Not applicable." for this section.
Addendum: No
Edit:  
Pre-bid Question #35
Topic:  Key Personnel
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 12/6/2012
Question:
Item 3 under the Key Personnel Resumes on page RFQ-12 is unclear.  If the employee worked on multiple projects at one time, should the sum of the percent allocated across the jobs equal 100% or does the Department want to know the percent that the employee held that role on each project (i.e. he was the Chief Bridge Engineer for 100% of the project even though he had concurrent on-going projects).
Date of Response:  12/8/2012
Response:
It is not anticipated that the sum of the percent allocated across the jobs will equal 100% (unless all roles in the key person’s career are listed). It is not anticipated that an individual can be 100% dedicated to more than one concurrent project.  For each project that is being used to demonstrate applicable experience, provide the role(s) on the project, the dates that the person was in that role, and the percentage of the person’s time that was dedicated to that role.
Addendum: No
Edit:  
Pre-bid Question #36
Topic:  SOQ Format
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 12/6/2012
Question:
Please confirm that headers and footers may encroach on the 1” page margins and that these margins are only for the body of the proposal.
Date of Response:  12/7/2012
Response:
The 1" page margins apply to the body of the proposal.  Headers and footers may be within the 1" page margin.
Addendum: No
Edit:  
Pre-bid Question #37
Topic:  Key Personnel
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 12/7/2012
Question:
Form C2 of the RFQ asks for Responsible Principle and Key Staff.  For Key Staff are you referring to Key Personnel as detailed in part C of the proposal? 
Date of Response:  12/8/2012
Response:
The requirement to provide Key Staff in Form C2 will be deleted in an addendum.
Addendum: Addendum #2
Edit:  
Pre-bid Question #38
Topic:  SOQ Format
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz
Phone: 614-228-1029
Question Received: 12/11/2012
Question:
Due to parties providing information in separately sealed envelopes (per Pre-bid Question #13), and the varying formats provided by sureties and lenders for their letters, please confirm that the font and page numbering requirements do not apply to Parts E-2 thru E-8.
Date of Response:  12/12/2012
Response:
Font and page numbering requirements do not apply to Parts E-2 through E-8.  Information provided should be legible.
Addendum: No
Edit:  
Pre-bid Question #39
Topic:  Claims
Company Name: Kokosing Construction Co.
Contact Person: Kevin Ohl
email: kao@kokosing.biz 
Phone: 614-228-1029
Question Received:  12/13/2012
Question:
RFQ Part D requires an attachment that lists claims in excess of $100,000 for all projects listed on form D1.  Are pending claims to be listed or just claims with a final resolution?
Date of Response:  12/14/2012
Response:
Include both pending and resolved claims. A dispute becomes a claim when the Contractor submits a Notice of Intent to File a Claim for ODOT projects. For projects not administered by ODOT, include any dispute where the Submitter officially requested advancement to the final step in the contract’s administrative dispute resolution process. This will be clarified in an addendum.
Addendum: Addendum #3
Edit:  
Pre-bid Question #40
Topic:  Set-offs
Company Name: Trumbull-Great Lakes-Ruhlin
Contact Person: Bill Woodford
email: bill.woodford@trumbullcorp.com
Phone: (412)807-2134
Question Received: 12/13/2012
Question:
Will ODOT consider amending the language to Section 1.3-B – Restrictions on Set-off and Deductions from Payment, to include language that will limit set-off and deduction from certified payments within the current project.  As ODOT will repay all outstanding borrowings by the Submitter at the time of appropriation, it is important for the lending community to feel confident that the money they will lend to the project could potentially by subject to set-off or deduction prior to repayment by the state.  Any set-off, deduction or hold back will be then made available to ODOT after appropriation and debt repayment.  Sample language has been outlined below for your consideration:
 
The amount established by each approved and certified monthly progress estimate of the Department shall not be subject to set-off, deduction, reduction, or withholding for any reason by the Department, including but not limited to defective work, liquidated damages, default, termination, latent defects, or warranty claims. Rather, any set-off, deduction, reduction or withholding of payment shall be applied only to subsequent monthly progress estimates or the final estimate, as such may not yet be certified by the Department. The amount established by the approved and certified final estimate of the Department shall not be subject to set-off, deduction, reduction, or withholding for any reason by the Department, including but not limited to defective work, liquidated damages, default, termination, latent defects, or warranty claims.
Date of Response:  12/13/2012
Response:
ODOT has considered the requested revision, but will not revise Section 1.3B.  ODOT's position regarding its rights and remedies with respect to the DBT will be reflected in the DBF Contract, a form of which will be included in the RFP.  Proposers will have an opportunity to provide comments to provisions of the proposed DBF Contract, including any regarding set-off, after the RFP is issued.
Addendum: No
Edit:  
Pre-bid Question #41
Topic:  SOQ Format
Company Name: Walsh Construction
Contact Person: John Tracy
email: jtracy@walshgroup.com
Phone: (216)452-5902
Question Received: 12/13/2012
Question:
Can form C2 be a table embedded within the text of the 6 pages for section C,  or does it have to be a separate page?
Date of Response:  12/13/2012
Response:
Yes.  However, the text must remain legible.
Addendum: No
Edit: