ESBD_359489_1719420357586_2024.06.26 - SHSU Active Learning Center CMR 24-06079 - RFQP for CMR (final).pdf

REQUEST FOR QUALIFICATIONS &

PROPOSALS

FOR

CONSTRUCTION MANAGER-AT-RISK

FOR

SAM HOUSTON STATE UNIVERSITY

HUNTSVILLE, TEXAS

ACTIVE LEARNING CENTER

RFQ No.:

758-24-06079

Submission Date:

July 23, 2024 – 2:00 p.m. (C.D.T.)

Prepared By:

Donna Bryce, Senior Contract Administrator

The Texas State University System 601 Colorado Street

Austin, TX 78701 - 512-463-1808 donna.bryce@tsus.edu

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

RFQ/P No. 758-24-06079

Table of Contents

Section 1 - General Information &

Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Contract

1.4 Clarifications and Interpretations

1.5 Submission of Qualifications Proposal, and HUB Commitment Letter

1.6 Point-Of-Contact

1.7 Evaluation of Qualifications and

Proposal

1.8 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Mandatory Pre-Submittal Conference

1.12 Eligible Respondents

1.13 Historically Underutilized Businesses

Submittal Requirements

1.14 Certain Proposals and Contracts

Prohibited

1.15 Sales and Use Taxes

1.16 Certification of Franchise Tax Status

1.17 Required Notices of Workers’

Compensation Insurance Coverage

1.18 Insurance Requirements

1.19 Prevailing Minimum Wage Rate

Determination

1.20 Delinquency in Paying Child Support

1.21 Nondiscrimination

1.22 Non-Boycott Israel Verification

1.23 Cybersecurity Training Program

1.24 Firearm Entities and Trade Associations

Discrimination

1.25 Energy Company Boycotts

1.26 Vaccine Passport Prohibition

1.27 Critical Infrastructure Affirmation

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description, Scope and Budget

2.4 Facility Program

2.5 Project Planning Schedule

2.6 Owner’s Special Conditions

Section 3 - Requirements for Statement of

Qualifications

3.1 Respondent’s Statement of

Qualifications and Availability to

Undertake the Project

3.2 Qualifications of the Respondent and the

Execution of Services

3.3 Respondent’s Past Performance on

Representative Construction Manager-at-Risk Projects

3.4 Respondent’s Ability to Establish

Budgets and Control Costs on Past

Projects

3.5 Respondent’s Ability to Meet Schedules

3.6 Respondent’s Knowledge of Current

Construction Methodologies, Technologies, and Best Practices

3.7 Respondent’s Ability to Identify and

Resolve Problems

3.8 Respondent’s Ability to Manage Construction

Safety Risks

3.9 Respondent’s Warranty and Service

Support Program for this Project

3.10 Execution of Offer

Section 4 - Requirements for Pricing and

Delivery Proposal

4.1 General Information

4.2 Evaluation of Proposal

4.3 Requirements for Proposal

4.4 Respondent’s Pricing and Delivery

Proposal

Section 5 - Format for Statement of

Qualifications and Pricing and

Delivery Proposals

5.1 General Instructions

5.2 Page Size, Binding, Dividers and Tabs

5.3 Table of Contents

5.4 Pagination

5.5 Submission Packaging

Attachments to this RFQ/P

1. Attachment 1– Exhibit “C” Allowable

General Condition Line Items

2. Attachment 2 - Exhibit “F” CM’s

Personnel and Monthly Salary Rates

3. Sample HUB Commitment Letter

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

REQUEST FOR QUALIFICATIONS AND PROPOSALS

FOR

CONSTRUCTION MANAGER-AT-RISK

SAM HOUSTON STATE UNIVERSITY

HUNTSVILLE, TEXAS

ACTIVE LEARNING CENTER

RFQ No.: 758-24-06079

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1 GENERAL INFORMATION: The Texas State University System (“Owner”) on behalf of Sam

Houston State University, is soliciting Statements of Qualifications (“Qualifications”) and Pricing and Delivery Proposals (“Proposals”) for the selection of a Construction Manager-at-Risk firm for the Active Learning Center (“Project”), on the Sam Houston State University, Huntsville, Texas campus. This solicitation sets forth the terms, conditions, and requirements for prospective

Construction Manager-at-Risk entities (“CMR” or “CMRs”) to be considered for this work.

(Prospective CMRs submitting their Qualifications and Proposals in response to this solicitation are hereinafter referred to as “Respondents”). The Owner is requiring that the Qualifications, Proposals and HUB Commitment Letter (HCL) be submitted at the same time, but in separate, sealed packages.

1.1.1 The evaluation of Qualifications is the first stage the Owner will take in a one-step process for selecting a CMR for the Project as provided by Texas Education Code §51.782(e). This

Request for Qualifications/Proposals (“RFQ/P”) solicitation package provides the information necessary to prepare and submit Qualifications for consideration and initial ranking by the Owner. During this first stage in the selection process, Owner will evaluate and rank Respondents according to fixed evaluation criteria, considering only their qualifications and independent of any cost and compensation considerations.

1.1.2 In the second stage of the process, Owner will open and evaluate the Proposals submitted in accordance with Section 4 of this RFQ/P. The results of the Qualifications and the

Proposals evaluations will then be combined to determine the “most qualified” Respondent providing the “best value” proposition for the Owner. The Owner may select up to five (5) of the most qualified Respondents to participate in an interview with the Owner to confirm their Qualifications and Proposal and answer additional questions. The Owner will then rank the interviewed Respondents in order to determine a single most qualified Respondent providing the best value proposition to the Owner. The Owner reserves the right to conclude the evaluations and make a best value selection without conducting interviews.

1.2 PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter

552.001, et seq.) after the solicitation is completed. The Owner complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFQ/P information. Additionally, pursuant to the provisions of Texas Government Code Section

2261.253, the contract resulting from this solicitation will be posted on the Owner’s website.

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the

Owner’s Standard Construction Management-at-Risk Agreement (“Agreement” or “Contract”), a copy of which is posted on Owner’s website at: http://www.tsus.edu/offices/finance/capital-projects.html

1.3.1 The Agreement should be viewed as a draft and is subject to change. The 2022 Uniform

General Conditions for Construction Contracts referenced in the Agreement may be viewed on the Owner’s website at:

http://www.tsus.edu/offices/finance/capital-projects.html

1.4 CLARIFICATIONS AND INTERPRETATIONS: Discrepancies, omissions or doubts as to the meaning of RFQ/P documents shall be communicated in writing to the Owner for interpretation.

Any responses to inquiries, clarifications or interpretations of this RFQ/P that materially affect or change its requirements will be issued formally by the Owner as a written addendum. All such addenda issued by the Owner before the Qualifications are due become part of the RFQ/P.

Respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications submittal. Respondents shall be required to consider only those clarifications and interpretations that the Owner issues by addenda. Interpretations or clarifications obtained in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing

Qualifications. It is the responsibility of all Respondents to check the status of formal addenda regularly and five (5) days before the submission deadline.

1.4.1 The deadline for the receipt of written questions is stated in Section 2.5.

1.4.2 ADDENDA AND AWARD INFORMATION, WILL BE ISSUED BY THE OWNER

FOR THIS RFQ VIA THE ELECTRONIC STATE BUSINESS DAILY WEBSITE AT

THE FOLLOWING LINK: http://www.txsmartbuy.com/sp

REFERENCE “BOARD OF REGENTS/TEXAS STATE UNIVERSITY SYSTEMS – 758”

AND THE RFQ NUMBER PROVIDED IN THIS RFQ.

1.5 SUBMISSION OF QUALIFICATIONS, PROPOSAL, AND HUB COMMITMENT LETTER:

1.5.1 The Qualifications, Proposal and HUB Commitment Letter (“HCL”) must be received at the address specified in Section 1.5.2 prior to the stated date and time deadline. Please note that overnight deliveries such as FedEx and UPS arrive at a central campus location but are not usually delivered to the specified location until after the time deadline, and

Respondents are advised to use other methods of delivery or, if using an overnight delivery service, to send the responses a day earlier than usual. The Owner will not consider any response to this solicitation that is not received at the address specified by the deadline, regardless of whether it has been received by the University.

1.5.2 DEADLINE AND LOCATION: The Owner will receive Qualifications, Proposals, and

HCL at the time and location described below.

July 23, 2024 – 2:00 p.m. (C.D.T.)

Chuck Jones, Director, Facilities Planning and Construction

Sam Houston State University

2424 S. Sam Houston Ave.

Huntsville, Texas 77340

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

RFQ/P No. 758-24-06079 http://www.tsus.edu/offices/finance/capital-projects.html http://www.tsus.edu/offices/finance/capital-projects.html http://www.tsus.edu/offices/finance/capital-projects.html http://www.txsmartbuy.com/sp

1.5.3 Submit seven (7) identical hard copies of the Qualifications. An original signature must be included on the Respondent’s “Execution of Offer” document submitted with each copy.

This is the response to Section 3 of the RFQ/P (see Section 3.10). Include two (2) digital versions of the signed Qualifications documents on individual USB/flash drives in Adobe

Acrobat PDF format. The individual USB/flash drives containing the Qualifications must be submitted with the hard copies in a separate, sealed package. Do not include the

Proposal information or HCL with the Qualifications.

1.5.4 Provide two (2) identical hard copies of the Proposal as identified in Section 4.3.2. An original signature must be included on each hard copy of the “Pricing and Delivery

Proposal” document (Section 4.4). Include one (1) digital version of the signed Pricing and Delivery Proposal documents on individual USB/flash drives in Adobe Acrobat PDF format. The Proposal must be submitted in a separate, sealed package different from the Qualifications package and from the HCL.

1.5.5 Submit one (1) original and one (1) identical hard copy of the HCL as a separate package to both the Qualifications and the Proposal packages as described in Section 1.13. Include one (1) digital version with signature, of the HCL on an individual USB/flash drive in

Adobe Acrobat PDF format. The HCL must be submitted in a separate, sealed package different from the Qualifications package and from the Proposal.

1.5.6 Qualifications, Proposals, and HCL received after the stated official submittal deadline will be returned to the Respondent unopened. The Point-of-Contact identified in Section 1.5 will identify the official time clock at the RFQ/P submittal location identified above.

1.5.7 The Owner will not acknowledge or receive Qualifications, Proposals or HCL that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.5.8 Properly submitted Qualifications, Proposals, HCL and electronic media will not be returned to Respondents.

1.5.9 Respondent materials must be enclosed in a sealed envelope (box or container) addressed to the Point of Contact person and include the Qualification, Proposal, and HCL. The packages must clearly identify the contents, the submittal deadline, the RFQ/P title and number, and include the name and email address of the Respondent’s contact person. The

Qualifications, Proposal, and HCL materials and electronic media must be packaged in separate, sealed envelopes within the sealed envelope (box or container).

1.5.10 The names of the submitting Respondent(s) will be read aloud immediately following the date and time published in Article 1.5.2.

1.5.11 Submitting Respondents’ HCLs will be reviewed for completeness prior to evaluations of

Qualifications. Disqualified HCLs will be returned to the submitting Respondent after the selection and negotiation of the successful Respondent.

1.5.12 After the evaluation and ranking of the Qualifications, Proposals will be opened and read aloud at the time, date and location noted below:

August 7, 2024 – 2:00 p.m. (C.D.T.)

The Texas State University System

O. Henry Hall

601 Colorado Street- 1st Floor Conference Room

Austin, Texas 78701 https://en.parkopedia.com/parking/locations/503%20Colorado%20St_9v6kpy0g6p/?arriving=20180712130 0&leaving=201807121500

1.6 POINT-OF-CONTACT: The Owner designates the following person as its representative and

Point-of-Contact for this RFQ/P. Respondents shall restrict all contact with the Owner and direct all questions regarding this RFQ/P, including questions regarding terms and conditions, in writing to the Point-of-Contact person, via email only.

Jennifer Niemiec, Assistant to the Director, Facilities Planning and Construction

Email: jjn014@shsu.edu

1.7 EVALUATION OF QUALIFICATIONS AND PROPOSAL: The evaluation of the Qualifications and Proposals shall be based on the requirements described in this RFQ/P. All properly submitted

Qualifications, Proposals and HCL will be reviewed, evaluated, and ranked by a Selection

Committee appointed by the President of Sam Houston State University, or their designee.

Typically, that committee will include both future users of the facilities developed by the Project and facilities professionals, as well as representation from The Texas State University System

Administration. The top five (5) or fewer ranked Respondents may be selected by the Owner for further consideration by participating in an interview wherein Qualifications will be presented and examined in further detail and where questions will be posed by the Selection Committee and answered by the Respondent.

1.7.1 Qualifications packages shall not include any information regarding Respondent’s fees, pricing, or other compensation. Such information shall be kept separate from the

Qualifications and should be submitted as a separate Proposal package according to this

RFQ/P.

1.8 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all responses to the current solicitation and reissue a completely new solicitation involving the same Project, or to simply reject any and all responses and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement for any project with any Respondent to this RFQ/P and no such representation is intended or should be construed by the issuance of this

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Qualifications, Proposal, and HCL in response to this RFQ/P, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner. The results of this most qualified determination will be combined with the Proposal evaluation results to determine the best value proposition for the Owner.

Determinations by the Selection Committee will be subjected to routine administrative review by

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

RFQ/P No. 758-24-06079 https://en.parkopedia.com/parking/locations/503%20Colorado%20St_9v6kpy0g6p/?arriving=201807121300&leaving=201807121500 https://en.parkopedia.com/parking/locations/503%20Colorado%20St_9v6kpy0g6p/?arriving=201807121300&leaving=201807121500 the Owner’s executive officers but, once a selection is announced, it will not be subjected to further review.

1.10 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFQ/P process shall be at the sole risk and responsibility of the Respondent. Respondents submit Qualifications, Proposals, and HCL at their own risk and expense.

1.11 MANDATORY PRE-SUBMITTAL CONFERENCE: A mandatory pre-submittal conference will be held at the time and location described below.

July 9, 2024 – 10:00 a.m. (C.D.T)

Sam South Building 2

2424 S. Sam Houston Ave., FM Training Room 165

Huntsville, Texas 77340

Map To Meeting Location: https://maps.app.goo.gl/AoEDsWpQyfF1F8iU9

▪ Questions regarding the Pre-Submittal Conference may be directed to Jennifer Niemiec at:

jjn014@shsu.edu

▪ A guided tour will be included as part of the Pre-Submittal Conference.

1.12 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply. (This does not preclude a Respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Qualification, Proposal and

HCL.

1.13 HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is the policy of the Owner and each of its member institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (“HUB” or “HUBs”) in all contracts. Accordingly, specific plans and representations by Respondents that appear to facilitate the State’s commitment to supporting HUB enterprises are required in the selection process.

Failure to submit specific plans and representations regarding HUB utilization, or failure to address the subject at all, will be interpreted by the Selection Committee as an intention not to support the program and will disqualify the Respondent. A HUB Subcontracting Plan (HSP) is not required by

Respondents as part of the RFQ/P submission. The HSP will be required by the selected team only.

Submit a Letter of HUB Commitment to describe how your firm will participate and demonstrate a good faith effort in achieving the Owner’s HUB goals.

1.13.1 STATEMENT OF PROBABILITY. The Texas State University System has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Commitment Letter is required as a part of the Respondent's

Qualifications.

1.13.2 A sample HUB Commitment Letter is attached to this solicitation.

RFQ/P No. 758-24-06079 https://maps.app.goo.gl/AoEDsWpQyfF1F8iU9

1.13.3 Submit one (1) original, one (1) copy, and one (1) electronic copy of the HUB Commitment

Letter in a separate sealed package apart from the submittal of Qualifications and apart from the Proposal, as stated in Paragraph 1.5.5 of this RFQ/P.

1.14 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas

Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.15 SALES AND USE TAXES: Section 151.311, Texas Tax Code, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include the Owner. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and

"completely consumed at the job site. "In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

1.16 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful

Respondent will be required to submit certification of franchise tax status as required by State Law

(Texas Tax Code Chapter 171). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The

Texas Workers' Compensation Commission has adopted a rule, Texas Administrative Code Title

28, Part 2, Chapter 110, Subchapter B, Rule 110.110, relating to REPORTING REQUIREMENTS

FOR BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in the 2022 Uniform General and Supplementary

General Conditions for the Texas State University System Building Construction Contracts.

1.18 INSURANCE REQUIREMENTS: Bonds and insurance requirements are provided in Article 5 of the Uniform General Conditions and in the Owner’s Standard Contractor Contract as denoted in

Article 1.3 of this RFQ/P. The Owner intends to provide Builders Risk insurance coverage for this

Project.

1.19 PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that the

Texas Prevailing Wage Law will be administered. The penalty for violation of prevailing wage rates has been increased from $10.00 per underpaid worker per day or portion thereof to $60.00.

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

The Prevailing Wage Rate for Walker County, Texas, can be found on the following website:

https://sam.gov/search/?index=sca&page=1&pageSize=25&sort=-modifiedDate

1.20 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

1.21 NONDISCRIMINATION: In their execution of this agreement, Respondent, consultants, their respective employees, and others acting by or through them shall comply with all federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of this covenant may result in termination of the Agreement.

1.22 NON-BOYCOTT ISRAEL VERIFICATION: To the extent required in Chapter 271, Texas

Government Code, by executing this Agreement, Respondent hereby certifies that it does not boycott Israel and will not boycott Israel during the term of the Agreement. ”Boycott Israel” shall have the meaning set forth in Section 808.001, Texas Government Code.

1.23 CYBERSECURITY TRAINING PROGRAM: Pursuant to Section 2054.5192, Texas Government

Code, Contractor and its subcontractors, officers, and employees who are provided credentials granting access to Member’s computer system also known as Member’s information system, must complete a cybersecurity training program certified under Section 2054.519, Texas Government

Code as selected by the Member. The cybersecurity training program must be completed during the term and any renewal period of this Agreement. Contractor shall verify in writing completion of the program to the Member within the first thirty (30) calendar days of the term and any renewal period of the Agreement. Failure to comply with the requirements of this section are grounds for termination for cause of the Agreement.

1.24 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION: Pursuant to

Chapter 2274, Texas Government Code, Respondent verifies that (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;

and (ii) will not discriminate during the term of the Agreement against a firearm entity or firearm trade association.

1.25 ENERGY COMPANY BOYCOTTS: Pursuant to Chapter 2274, Texas Government Code, Respondent certifies that it (i) does not boycott energy companies as defined in Section 809.001

(1)(a) Texas Government Code (i.e., fossil fuel companies); and (ii) will not boycott energy companies during the term of the Agreement.

1.26 VACCINE PASSPORT PROHIBITION: Pursuant to Section 161.0085, Texas Health and Safety

Code (as enacted in SB 968 in the 87th Regular Legislative Session [2021]), Respondent hereby certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Respondent’s business. Respondent acknowledges that such a vaccine or recovery requirement would make Respondent ineligible for a state-funded contact and shall be grounds for termination of this Agreement for cause.

1.27 CRITICAL INFRASTRUCTURE AFFIRMATION: Pursuant to Section 2274.0102, Texas

Government Code, Respondent certifies that neither it nor its parent company, nor any affiliate of

Respondent or its parent company, is (i) majority owned or controlled by citizens or governmental

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

RFQ/P No. 758-24-06079 https://sam.gov/search/?index=sca&page=1&pageSize=25&sort=-modifiedDate entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under

Section 2274.0103, Texas Government Code, or headquartered in any of those countries.

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND: Founded in 1879, Sam Houston State University (“SHSU”) is the third oldest public university in Texas. During its 145 years of service, the University has touched the lives of generations of Texans while helping shape the educational, social, economic, and cultural development of the state. Sam Houston State University is a doctoral-granting university located in the rapidly growing I-45 corridor north of Houston. Currently, Sam Houston

State has approximately 21,500 students enrolled in one of our 90 undergraduate, or 70 graduate programs offered by eight colleges. This year the University has 10 doctoral programs.

2.2 MISSION STATEMENT: Sam Houston State University is a student-centered, community engaged institution whose mission is to offer accessible, quality higher education. The university offers a variety of innovative and flexible degree programs at the undergraduate, graduate, and professional levels focused on career readiness, personal and professional development, and service. SHSU provides integrated academic and student success services designed to support traditional and non-traditional students from diverse backgrounds.

2.3 PROJECT DESCRIPTION, SCOPE AND BUDGET: As programmed, the Active Learning

Center is envisioned as a hybrid high-bay one-story and two-story structure of 38,732 gross square feet (GSF). The first floor is primarily dedicated to instructional spaces, including three high-bay spaces, flat-floor collaboration space, and learning studios. The second floor houses the

Professional and Academic Center for Excellence (PACE) office suite and additional learning studios. Student spaces will be distributed between each level. The new facility will be located at the SHSU Main Campus on the site of existing Academic Building III. Demolition of Academic

Building III, including hazardous material abatement, is in the scope of this project.

Entry and commons/student space in the new facility includes the lobby/commons, assorted student study/collaboration spaces, and a self-serve food and beverage area. This space should include a monumental staircase to discourage the use of elevators as the primary means of vertical circulation and provide a more open connection between floors.

Instructional spaces include two “parliament-style” active lecture halls, four learning studios, a flat-floor collaboration classroom, and a tiered collaboration classroom. All classrooms will be outfitted to provide the capability for lecture capture and distance learning. All classrooms will provide direct connections to projection equipment via the instructional podium as well as mobile device connections from students or faculty via a protected Wi-Fi connection. In support of the instructional areas, two triage rooms and a dedicated storage room are provided. The triage rooms provide a faculty prep space and/or a post-class breakout space to debrief with students.

The PACE suite will provide workstations and office space for PACE staff members (including future staff growth space in an office-sized conference room), open collaboration space, and a flat-floor, multipurpose mock teaching/conference space to hold workshops, engagements, and PACE advisory meetings.

The total Construction Cost Limitation for the project is $29,900,000

2.4 FACILITY PROGRAM: The Program of Requirements is complete and will be provided as

Attachment A on ESBD.

2.5 PROJECT PLANNING SCHEDULE: Key Project planning schedule milestones are:

2.5.1 Owner publishes RFQ/P for CMR Services ....................................................... 06/26/2024

2.5.2 Mandatory Pre-Submittal Conference (10:00 a.m.) ............................................ 07/09/2024

2.5.3 RFQ/P submittal of questions deadline (12:00 p.m.) .......................................... 07/15/2024

2.5.4 Deadline for submittal of Qualifications, Proposal and HCL (2:00 p.m.) .......... 07/23/2024

2.5.5 Respondents name read aloud at Member’s Office ............................................ 07/23/2024

2.5.6 Proposals read aloud at Owner’s Office ............................................................. 08/07/2024

2.5.7 Interview of shortlisted Respondent (if required) ............................................... 08/20/2024

2.5.8 Owner selects CMR ........................................................................................... 08/23/2024

2.5.9 Execute CMR Agreement ................................................................................... 09/20/2024

2.5.10 Notice to Proceed for Pre-Construction Services ............................................... 09/20/2024

2.5.11 Board of Regents approval of Design Development Submittal .......................... 02/13/2025

2.5.12 Owner approves Guaranteed Maximum Price Proposal ..................................... 03/28/2025

2.5.13 Notice to Proceed for Construction Phase issued ............................................... 04/07/2025

2.5.14 A/E completes Construction Documents ............................................................ 05/21/2025

2.5.15 Owner accepts Substantial Completion of Construction .................................... 10/30/2026

2.5.16 Final Completion ................................................................................................ 12/30/2026

2.5.17 Occupancy ......................................................................................................... 01/04/2027

The schedule of events presented above represents a basic timeline for the project. A final project timeline will be developed with the Owner at a later time. The Owner can be expected to work with the A/E and the CMR to validate and improve on this initial schedule.

2.6 OWNER’S SPECIAL CONDITIONS: The Owner requires full compliance with specification

Division 0: Contract Requirements and Division 1: General Requirements, which will be integrated into the specifications for the project and become a part of the contract. These specifications sections shall be a part of the CMR Contract that will be signed. They are available for review at:

https://www.tsus.edu/offices/finance/capital-projects.html

SECTION 3 – REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS

Respondents shall carefully read the information contained in the following criteria and submit a complete statement of Qualifications responding to all questions in Section 3 formatted as directed in Section 5.

Incomplete Qualifications will be considered non-responsive and subject to rejection. Qualifications shall constitute up to Fifty Percent (50%) of the total Respondent evaluation score.

3.1 CRITERION ONE: RESPONDENT’S ABILITY TO PROVIDE CONSTRUCTION

MANAGEMENT SERVICES: (Criterion Weight: 5%)

3.1.1 Provide a brief history of Respondent’s firm.

3.1.2 Provide the following information on your firm for the past five (5) fiscal years:

3.1.2.1 Volume:

3.1.2.1.1 Annual number, value, and percent change of contracts in Texas per year

3.1.2.1.2 Annual number, value, and percent change of contracts nationally per year

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

3.1.2.2 Revenues: Annual revenue totals and percent change per year

3.1.2.3 Bonding:

3.1.2.3.1 Total bonding capacity

3.1.2.3.2 Available bonding capacity and current backlog

3.1.3 Attach a letter of intent from a surety company indicating ability to bond Respondent for the entire construction cost of the Project. The surety shall acknowledge that the

Respondent may be bonded for each stage/phase of the Project (if applicable), with a potential maximum construction cost of Twenty-Nine Million Nine Hundred Thousand

Dollars ($29,900,000). Bonding requirements are set forth in Article 17 of the Agreement and the 2022 Uniform General Conditions for Construction Contracts.

3.1.4 State whether Respondent is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, explain the impact both in organization and company direction.

3.1.5 Provide details of any past or pending litigation, or claims filed, against Respondent that may affect its performance under an Agreement with the Owner.

3.1.6 State whether Respondent is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

3.1.7 State whether Respondent has ever failed to complete any work which it was awarded.

3.2 CRITERION TWO: QUALIFICATIONS OF THE RESPONDENT AND THE EXECUTION OF

SERVICES: (Criterion Weight: 20%)

3.2.1 Provide resumes of all Respondent’s team members that will be directly involved in the

Project, including their experience with similar projects, definition of that person’s specific role in the Pre-Construction and Construction phases for the Project, the number of years with the Respondent, and their city of residence.

3.2.2 For each of the proposed CMR team members identified in 3.2.1, describe their responsibilities in each of the representative projects presented in 3.3 and compare them with their anticipated responsibilities in this Project.

3.2.3 Identify any consultants that are included as part of the proposed team, their role related experience for this Project. List projects for which the consultant(s) have previously worked with the Respondent.

3.2.4 Describe, in graphic and written form, the proposed Project organizational chart indicating assignments and lines of authority and communication for each team member to be directly involved in the Project. Indicate the estimated percent of time these team members will be involved in the Project for Pre-Construction, Construction, Close-Out, and Warranty services.

3.2.5 Describe Respondent’s construction management and execution plan for providing Pre-

Construction Phase Services required for this Project.

3.2.6 Describe what Respondent perceives as the critical issues for this Project, whether in the pre-construction or construction phase.

3.2.7 Describe Respondent’s procedures, objectives, and personnel responsible for reviewing design and Construction Documents and for providing feedback regarding cost, schedule and constructability to the A/E and the Owner on this Project.

3.2.8 Describe Respondent’s Bid/Proposal Package Strategy for completion of the Construction

Documents and for procuring the work from subcontractors, vendors, suppliers, etc.

3.2.9 Describe Respondent’s constructability program for this Project and how it will be implemented.

3.2.10 Describe Respondent’s philosophy for maximizing Project scope for the Owner during Pre-

Construction services, minimizing risk, and identifying when savings can be returned to the Owner during construction.

3.2.11 For Pre-Construction and Construction services, provide examples of records, reports, monitoring systems, and information management systems Respondent will use on this

3.2.12 Declare if Respondent, or any other company within the same holding group of companies, desires to self-perform work on this Project, and describe the method for determining itself as the “best value” through a competitive proposal process.

3.2.13 Describe Respondent’s approach to coordinating inspections and approvals with the Texas

Department of Licensing and Regulation regarding Texas Accessibility Standards, the

State Fire Marshal and other authorities having jurisdiction over the Project.

3.3 CRITERION THREE: RESPONDENT’S PAST PERFORMANCE ON REPRESENTATIVE

CONSTRUCTION MANAGER-AT-RISK PROJECTS: (Criterion Weight: 20%)

3.3.1 Identify and describe the proposed team’s past experience for providing CMR services that are MOST RELATED TO THIS PROJECT within the last five (5) years. Provide not less than three (3) but not more than five (5) examples. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

3.3.1.1 Project name, location, and description

3.3.1.2 Photographic color images of exterior, interior, and floor plans and site plans if applicable

3.3.1.3 Construction cost estimates at Design Development, final GMP amount and final construction cost. Explain the reasons for any deviations.

3.3.1.4 Final project size in gross square feet

3.3.1.5 Type of construction (new, renovation, or expansion)

3.3.1.6 Notice to Proceed date for Pre-Construction Services

3.3.1.7 Originally planned and actual Notice to Proceed, Substantial Completion, and

Final Payment dates for Construction Services. Explain reasons for any deviation.

3.3.1.8 Name of project manager (individual responsible to the owner for the overall success of the project)

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

3.3.1.9 Name of project superintendent(s) (individual responsible for coordinating the day-to-day work)

3.3.1.10 Names of mechanical, plumbing, and electrical subcontractors

3.3.2 References (for each project listed above, identify the following):

3.3.2.1 The owner’s name and representative who served as the day-to-day liaison during the design and construction phases of the project, including telephone number and email address

3.3.2.2 The A/E’s name and representative who served as the day-to-day liaison during the construction phase of the project, including telephone number and email address

3.3.2.3 Length of business relationship with the owner

References shall be considered relevant based on specific project participation and experience with the Respondent. The Owner reserves the right to contact any other references at any time during the RFQ/P process.

3.3.3 Has Proposer worked with The System or one of the Member Institutions in the past five

(5) years? If “yes,” state The System contact (or Member Institution name, department name, and department contact) and provide a brief description of work performed.

3.4 CRITERION FOUR: RESPONDENT’S ABILITY TO ESTABLISH BUDGETS AND

CONTROL COSTS: (Criterion Weight: 15%)

3.4.1 Describe Respondent’s methodology for working with the the Owner, Project A/E and their consultants to deliver a GMP and to maintain the GMP throughout the design and construction phases including any processes for establishing, tracking, and reporting during the course of the Project.

3.4.2 Describe Respondent’s cost control methods during construction and how Respondent procures subcontracts, confirms scope, amounts, and ensures proper payment.

3.4.3 If the Owner intends to accept a GMP prior to completion of Construction Documents;

describe: 1) Respondent’s process for ensuring that the design documents provide the information necessary to arrive at a complete GMP, including all Owner requirements with reasonable contingencies, and 2) Respondent’s process for subsequently ensuring that the one hundred percent (100%) Construction Documents align with the project scope in the previously accepted GMP proposal documents.

3.4.4 Describe the percentage for construction contingency desired at GMP, and how these contingencies will be managed through the completion of Construction Phase services.

3.4.5 Describe the bonds Respondent requires of subcontractors including if Subguard will be used.

3.4.6 Identify a maximum of three (3) projects from Section 3.3 of this RFQ/P, with GMP contracts, and the amount of savings (if any) returned to the owner.

3.5 CRITERION FIVE: RESPONDENT’S ABILITY TO MEET SCHEDULES:

(Criterion Weight: 15%)

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

3.5.1 Describe how Respondent will develop, maintain, and update the project schedule during design and construction. Identify the specific resources (i.e., personnel, hardware, software, etc.) to be used on this Project.

3.5.2 Describe Respondent’s approach to assuring timely completion of this Project, including methods for schedule recovery, if necessary. From any three (3) of the projects listed in response to Section 3.3 of this RFQ/P, provide examples of how these techniques were used, including specific scheduling challenges/requirements and actual solutions.

3.5.3 Describe Respondent’s experience with Critical Path Method (“CPM”) scheduling. From any of three (3) of the projects listed in response to Section 3.3 of this RFQ/P, provide one

(1) sample of the monthly schedule reports, including identified milestones, and any schedule recovery plans.

3.5.4 Provide a simple CPM Milestone schedule on how Respondent perceives this Project could be built. Identify specific critical process, phases, milestones, approvals, and procurements anticipated. Include the ten percent (10%) total project float that will be required in the critical path during the Construction Phase. If Respondent proposes to improve the schedule, describe the impact on quality of services, materials or workmanship that may occur.

3.6 CRITERION SIX: RESPONDENT’S KNOWLEDGE OF CURRENT CONSTRUCTION

METHODOLOGIES, TECHNOLOGIES, QUALITY AND BEST PRACTICES:

(Criterion Weight: 10%)

3.6.1 Describe Respondent’s quality assurance program. Explain the methods used to ensure quality control during the Construction phase of a project. Provide a specific example from one (1) of the representative projects, listed in response to Section 3.3 of this RFQ/P, of how Respondent’s quality control program overcame a difficult constructability issue and/or resulted in higher quality workmanship.

3.6.2 Describe Respondent’s procedures for implementing industry’s “best practices” as defined by the Construction Industry Institute or similar organizations for:

3.6.2.1 Establishing and tracking project objectives.

3.6.2.2 Using project scope definition resources (i.e., Project Definitions Rating Index

(PDRI)) in order to obtain complete and accurate design and construction documents from the A/E.

3.6.2.3 Partnering.

3.6.2.4 Cost tracking.

3.6.2.5 Change (order) management systems.

3.6.2.6 Building systems commissioning including coordination with the A/E and the

Owner’s commissioning agent.

3.6.2.7 Total quality management for each phase of the Project, including coordinating with the Owner’s project inspectors, testing, training, close-out, and warranty service.

3.6.3 Describe Respondent’s implementation of a quality control process for this Project during the Design Development stage through completion of Construction Documents stage.

3.6.4 Describe how Respondent’s quality control team will measure the quality of construction and commissioning performed by all trades, but in particular, by mechanical and electrical subcontractors and how Respondent will address non-conforming work.

3.6.5 As the CMR, describe Respondent’s relationship with the local subcontracting community.

3.7 CRITERION SEVEN: RESPONDENT’S ABILITY TO IDENTIFY AND RESOLVE

PROBLEMS: (Criterion Weight: 5%)

3.7.1 Describe Respondent’s understanding of the administrative challenges and opportunities associated with providing Pre-Construction and Construction services for Owner on this

Project, and Respondent’s strategy for addressing these issues.

3.7.2 Understanding the schedule limitations, provide an analysis of the Owner’s project planning schedule in Section 2.5 of this RFQ/P, describe Respondent’s plan for communicating constructability, phasing, value engineering and other budget options in a form that will quickly facilitate the Owner’s decision making.

3.7.3 For any combination of three (3) projects listed in response to Section 3.3 of this RFQ/P, describe any conflicts with the Owner, consultants, A/E, or subcontractors and describe the methods used by the Respondent to resolve those conflicts.

3.8 CRITERION EIGHT: RESPONDENT’S ABILITY TO MANAGE CONSTRUCTION SAFETY

RISKS: (Criterion Weight: 5%)

3.8.1 Briefly describe Respondent’s approach for anticipating, recognizing, and controlling safety risks and note the safety resources that Respondent provides for each project’s safety program.

3.8.2 Describe the level of importance for enforcement and support of project safety that

Respondent includes in performance evaluations for superintendents and project managers.

3.8.3 Identify the proposed safety management team members for construction services. Include their previous titles, duties, city(s) of residence, experience, and expertise; also, their intended percent of monthly involvement and duration for this Project. Include all details necessary to demonstrate the credentials required by project safety specifications.

3.8.4 Describe the methodology, including any technology or other assets that Respondent intends to use for prevention and/or control of incidents and insurance claims on this

3.8.5 Describe the safety and insurance claims history information and weighting that

Respondent includes in the submission and award process for “best value” subcontracts.

3.8.6 For all projects that Respondent has managed (or co-managed) in the past five (5) years, list and describe all events or incidents that have reached any of the following levels of severity:

RFQ/P for Construction Manager-At-Risk (posted 06/26/2024) Active Learning Center at Sam Houston State University, Huntsville, Texas

3.8.6.1 Any occupational illness or injury that resulted in death or total and permanent disability.

3.8.6.2 Three (3) occupational illnesses or injuries that resulted in hospital admittances.

3.8.6.3 Explosion, fire, or water damage that claimed five percent (5%) or more of the project’s construction value.

3.8.6.4 Failure, collapse, or overturning of a scaffold, excavation, crane, or motorized mobile equipment when workers were present at the project.

3.8.7 Identify the Respondent’s Experience Modification Rate (“EMR”) for the three (3) most recent annual insurance-year ratings.

3.8.8 Identify Respondent’s annual OSHA Recordable Incident Rates (“RIR”) for all work performed during the past three (3) calendar years.

3.8.9 Identify Respondent’s annual OSHA Lost Workday Case Incident Rates (“LWCIR”) for all work performed during the past three (3) calendar years.

3.9 CRITERION NINE: RESPONDENT’S WARRANTY AND SERVICE SUPPORT PROGRAM

FOR THIS PROJECT: (Criterion Weight: 5%)

3.9.1 Describe Respondent’s warranty service support philosophy and warranty service implementation plan for this Project.

3.9.2 Describe how Respondent will measure the quality of warranty service provided to the

Owner for this Project.

3.9.3 Provide reference letters from three (3) owners identified in Sections 3.3 of this RFQ/P, that describe Respondent’s response to, and performance on, warranty services AFTER substantial completion.

3.10 EXECUTION OF OFFER:

NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH

THE RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND

RETURN THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY

RESULT IN REJECTION OF THE QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR

ANY AGREEMENTS OR OTHER CONTRACTUAL…