ESBD_419766_1747831943669_RFQ #0005142 CMR for DPS's Joe King Law Enforcement Center, FINAL.pdf

Rev. 9/3/2020

Texas Facilities Commission P.O. Box 13047

Austin, Texas 78711-3047

REQUEST FOR QUALIFICATIONS

FOR CONSTRUCTION MANAGER-AT-RISK

FOR

JOE KING LAW ENFORCEMENT CENTER

PROJECT #23-006-2544

RFQ #0005142

Dated: May 19, 2025

Qualifications and HUB Subcontracting Plan

Due Date: June17, 2025 at 3:00 PM

Table of Contents

SECTION I - GENERAL

1. SCOPE:

2. COST OF WORK:

3. CONTRACT TERM:

4. FUNDING:

5. AGENCY POINT OF CONTACT:

A

6. DEFINITIONS

SECTION II - PROJECT DESCRIPTION

1. PROJECT DESCRIPTION:

2. THIRD PARTY TESTING:

SECTION III - SCOPE OF WORK

1. PART ONE - PRECONSTRUCTION:

2. PART TWO - CONSTRUCTION:

3. ESBD POSTING:

4. SUBCONTRACTORS:

5. SATISFACTORY UNDERSTANDING:

SECTION IV – SCHEDULE OF EVENTS, CONFERENCES, AND SITE VISITS

1. SCHEDULE OF EVENTS:

2. MANDATORY PRE-SUBMITTAL TELECONFERENCES:

4. SITE VISIT:

1. BONFIRE SUBMISSION:

3. STEP ONE REQUIRED DOCUMENTS:

4. STEP TWO REQUIRED DOCUMENTS:

5. SUBMITTAL COSTS:

6. STEP ONE CONTENTS:

7. STEP TWO CONTENTS:

8. INQUIRIES

SECTION VI – SUBMITTAL SUBMISSION

SECTION VII - EVALUATION AND AWARD

ATTACHMENT A - EXECUTION OF SUBMITTAL

ATTACHMENT B - CMR PROPOSAL FORM

ATTACHMENT C – CONTRACTOR’S QUALIFICATION FORM

ATTACHMENT D - HUB COMPLIANCE REPORTING SYSTEM – Online Process Guide

ATTACHMENT E – PROJECT MANUAL

ATTACHMENT F – NON-COLLUSION AFFIDAVIT

ATTACHMENT G - CMR SERVICE CONTRACT TEMPLATE

ATTACHMENT H – BONFIRE SUBMITTAL INSTRUCTIONS

CMR for DPS’s Joe King Law Enforcement Center

SECTION I - GENERAL

1. SCOPE: In accordance with the provisions of Texas Government Code, Chapter 2269, Subchapter F, Construction Manager-at-Risk Method, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is requesting qualifications for a Construction Manager-at-Risk (CMR) to provide pre-construction and construction management services for the Department of Public Safety Joe King Law Enforcement Center, hereinafter described as TFC Project #23-006-2544 (the Project). This Project will be administered by TFC. This procurement will be a two-step award process with a two-part work requirement.

A. Step One of the solicitation will include a submittal of company experience and qualifications focusing on projects of similar size and type. Respondents will be evaluated on experience and qualifications, as detailed in Section V, Submission Requirements. Only the highest ranked 5 or fewer Respondents will be shortlisted based on this evaluation and invited to participate in interviews. Based on the interviews, the short-listed firms may be invited to participate in Step Two.

B. Step Two of the solicitation will include the short-listed firms participating in interviews. The short-listed firms participating in the interviews may be requested to submit pricing related to indirect construction cost as detailed in Section V - Submission Requirements.

2. COST OF WORK: Respondents to the RFQ should consider the “Cost of Work” as four million three hundred fifty thousand dollars ($4,350,000), not including any Pre-construction Management fees, Construction Management fees, and Construction General Conditions, as part of the construction budget or the Guaranteed Maximum Price (GMP).

3. CONTRACT TERM: Construction is required to commence within fourteen (14) calendar days after the Notice to Proceed for Construction is issued. For planning purposes, the preconstruction time period is estimated to be four hundred (400) calendar days. The construction contract period is projected for a term of four hundred twenty-five (425) calendar days except as may be otherwise amended or negotiated.

The total contract period (preconstruction time period plus construction time period) will be eight hundred twenty-five (825) calendar days.

4. FUNDING: This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in the CMR Service Contract shall apply.

5. AGENCY POINT OF CONTACT: The contact listed below shall be the point of contact during this solicitation. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification.

Note: HUB-related questions may be submitted to the TFC HUB team as referenced in Section V- Submission Requirements, 6. STEP ONE CONTENTS, Item J. HUB Subcontracting Plan, 10).

A. Primary Contact

1) Purchaser Name: James Gonzalez, CTCD, CTCM

2) Purchaser Phone: 512-936-0647

3) Purchaser Email: james.gonzalez@tfc.texas.gov

B. Secondary Contact

1) Purchaser Name: Omar Casas, CTCD, CTCM

2) Purchaser Phone: 512-463-1861

3) Purchaser Email: omar.casas@tfc.texas.gov

6. DEFINITIONS: The following definitions apply to the Request for Qualifications (RFQ):

TERM DEFINITION

Addendum A modification of the specifications issued by TFC.

Electronic State Business Daily (ESBD)

The designated website that state agencies, universities, and municipalities use to post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.com/esbd.

Good Faith Effort Effort required by vendors when completing the Attachment D, HUB Subcontracting Plan, which demonstrates the Respondent has completed one of the following for the planned subcontracting needs: A) Using strictly HUBs for all subcontracting needs, B) Meeting stated agency goal for HUB subcontracted needs using both HUB and Non-HUB vendors, C) Performing “Traditional Good Faith Effort” of notifying two minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response, D) Self- Performing Contract (performing all work with own materials and labor), or E) Utilizing a Mentor Protégé relationship (a formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. For a listing of Mentor Protégé agreements click on link:

http://esbd.cpa.state.tx.us/hubmenpro/menpro_pairs.cfm.

Guaranteed Maximum Price (GMP)

The maximum sum that TFC shall be responsible to pay for the completion of the Project.

mailto:james.gonzalez@tfc.texas.gov mailto:omar.casas@tfc.texas.gov http://www.txsmartbuy.com/sp http://esbd.cpa.state.tx.us/hubmenpro/menpro_pairs.cfm

TERM DEFINITION

Historically Underutilized Business

(HUB)

Pursuant to Texas Government Code (TGC), Chapter 2161, means a business that is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American, an American Woman, and/or a United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity’s affairs.

HUB Subcontracting Plan (HSP)

The Historically Underutilized Business (HUB) Subcontracting Plan (HSP) required by TGC, Chapter 2161 and by Title 34, Chapter 20, Part 1, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC).

Interview Secondary evaluation process during a two-step evaluation phase, to include five or fewer respondents evaluated to be ‘most qualified’ and/or in the competitive range, for the purpose of further distinguishing between the initial solicitation response through verbal questioning and re-scoring of the evaluation criteria.

Owner The Texas Facilities Commission Project Manager The individual designated by the Owner authorized to represent the Owner during the performance of the contract.

SECTION II - PROJECT DESCRIPTION

1. PROJECT DESCRIPTION: Construction of a new approximately 15,000 square foot training facility, with classrooms, gymnasium, locker rooms, weight room, and offices, extension of utilities from the adjacent detention facility, and site amenities including landscaping and surface parking.

2. THIRD PARTY TESTING: TFC shall provide or contract with third party for Testing and Balancing Services, RAS Review, Commissioning, and Construction Materials Testing.

SECTION III - SCOPE OF WORK

CMR services will be comprehensive, covering a wide range of essential functions critical for successful project execution. These services include engaging in early project planning and design, identifying potential challenges, and providing solutions to mitigate risks before construction begins. They will also involve accurately forecasting project costs, ensuring budget adherence, and providing financial oversight throughout the project lifecycle. Additionally, CMR services will include participating in detailed evaluations of project plans to identify and resolve potential issues, ensuring the project is feasible and cost-effective. Developing and managing complex critical path schedules will be another key aspect, as it involves creating and overseeing detailed project schedules that identify critical tasks and milestones, ensuring timely project completion. Moreover, the CMR will coordinate and manage the bidding process for various project components, ensuring competitive pricing and quality execution for each package. The number of bid packages and amendments to the Guaranteed Maximum Price (GMP) will be determined collaboratively by the Texas Facilities Commission (TFC), the Architect/Engineer (A/E), and the Construction Manager at Risk (CMR) to ensure the project scope of work is executed efficiently and within budget.

1. PART ONE - PRECONSTRUCTION: Collaborate with TFC and its Architects and Engineers (A/E), including but not limited to work phasing strategy, cost estimate validation, and constructability review and comments for the completed 100% Construction Documents. The Construction Manager at Risk (CMR) role during the design stage will be as an advisor on constructability, scheduling, construction costs and value engineering. The CMR will assist with cost estimating and various required pricing activities. The CMR shall provide accurate analysis of the cost of all systems and construction contemplated for the project. The CMR shall keep TFC and the entire project team advised on maintaining target costs throughout the entire design phase and shall prepare detailed formal estimates of the cost of the work based on the following anticipated design packages:

• Program Verification

• Schematic Design

• Design Development

• Three or more Construction Document Bid Packages (GMPs)

The Respondent’s expertise will be used to affect value engineering, establish a project schedule and ultimately determine the GMP. The services include attending meetings, consultation of plan reviews, constructability reviews, and cost estimating.

2. PART TWO - CONSTRUCTION: In accordance with the approved schedule and GMP, Contractor shall facilitate bidding and selection of subcontractors in accordance with HUB requirements, and provide and/or secure and install all materials, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications and other contract documents that will be prepared by the A/E & TFC.

A. Attend and participate in all meetings with TFC, DPS, and A/E, to include but not be limited to construction coordination and progress meetings, stakeholder meetings, City/County and other Authorities Having Jurisdiction (AHJ) department coordination meetings, and neighborhood association meetings;

B. Develop and manage project control systems; manage compliance with insurance requirements; manage quality control and compliance programs; facilitating constructability reviews as necessary; supervising construction; preparing and reviewing testing, commissioning and other reports, preparing and reviewing standards and manuals; training services; and effectively monitoring and managing project risks and costs;

C. Provide construction schedule coordination to minimize health and safety risks to surrounding neighborhood(s);

D. Provide all permits, barricades, street closures, and coordination with the City/County or other AHJ as required to complete the Project;

E. Provide fencing for Project site and contractor staging areas, traffic control personnel to direct traffic, and covered pedestrian walkways, as necessary;

F. Provide coordination with TFC, DPS, A/E, and TFC consultants for inspections and testing required to complete the Project and to obtain available energy rebates;

G. Submit, maintain, and archive all TFC required documentation through TFC’s electronic project management control system;

H. Provide video recording of training to DPS personnel on the operation and maintenance of all new equipment and systems delivered in the Project;

I. Provide warranty management for one year following the date of the Letter of Substantial Completion, including inspections and documentation, as necessary, and a site walk prior to the expiration of the warranty period.

3. ESBD POSTING: Documents are available for review on the state of Texas Electronic

State Business Daily (ESBD) at http://www.txsmartbuy.com/esbd. Select ‘Texas Facilities Commission - 303’ from the Agency Name drop-down box and ‘Posted’ from the Status drop-down box.

4. SUBCONTRACTORS: Subcontractors providing services shall meet the same requirements and level of experience as required of the Respondent. No subcontract shall relieve the primary Respondent of responsibility for the service. If the Respondent uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

A. Respondents planning to subcontract all or a portion of the work shall identify the proposed subcontractors on the HUB Subcontracting Plan.

B. Subcontracting shall be at the Respondent’s expense.

C. TFC retains the right to check a subcontractor’s background and make a determination to approve or reject the use of submitted subcontractors.

D. The Respondent shall be the only contact for TFC and subcontractors. Respondent shall list a designated point of contact for all TFC and subcontractor inquiries.

5. SATISFACTORY UNDERSTANDING: Respondents will be held to have satisfactory understanding regarding all existing conditions and to have included in the proposal an amount sufficient to cover all work including permits, fees, etc.

http://www.txsmartbuy.com/esbd

SECTION IV – SCHEDULE OF EVENTS, CONFERENCES, AND SITE

VISITS

1. SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below upon written notification.

EVENT DATE

Issue RFQ 5/19/2025 Mandatory Pre-Submittal Teleconferences 1st PSC 2nd PSC

6/03/2025, 10:00 AM CT

6/04/2025, 10:00 AM CT

Deadline for Submission of Questions 6/10/2025 Deadline for Submission of Qualifications and HSP 6/17/2025, 3:00 PM CT Notification of Short List Selection for Step 2 6/27/2025 Site Visit 7/01/2025 Deadline for Submission of Step 2 Pricing Proposals 7/08/2025, 3:00 PM CT

If Interviews are required by TFC Notification of Interview Selection 7/10/2025 Interviews 7/22/2025 Award by Commission 8/21/2025, 9:00 AM CT Execute Contract 9/15/2025

If Interviews are NOT required by TFC Award by Commission 8/21/2025, 9:00 AM CT Execute Contract 9/15/2025

2. MANDATORY PRE-SUBMITTAL TELECONFERENCES: Mandatory pre-submittal teleconferences will be held on Tuesday, June 3, 2025 at 10:00 AM, and Wednesday, June 4, 2025 at 10:00 AM. Pre-registration is required to participate in the teleconference. Respondents must have an employee of their firm attend at least one

(1) of the two (2) pre-submittal conferences. TFC shall reject qualifications submitted by firms that did not attend one of the mandatory pre-submittal conferences.

3. Pre-Registration is required.

Register in advance for the Tuesday, June 3rd meeting with this link:

Registration URL:

https://us02web.zoom.us/meeting/register/8zu6KmhcQS2GA-S6L11E7w

Register in advance for the Wednesday, June 4th meeting with this link:

Registration URL:

https://us02web.zoom.us/meeting/register/4CHgd9rmT7uXAKlBHY7dNA https://us02web.zoom.us/meeting/register/8zu6KmhcQS2GA-S6L11E7w https://us02web.zoom.us/meeting/register/4CHgd9rmT7uXAKlBHY7dNA

After registering, you will receive a confirmation email containing information about joining the meeting.

4. SITE VISIT: An optional site visit will be conducted for this solicitation on Thursday, July 1, 2025 at 10:00 AM. The address of the Joe King Law Enforcement Center is 3602 CR-45, Angleton, TX 77515. We will gather at the flagpole in front of the building and will proceed with the site visit.

SECTION V - SUBMISSION REQUIREMENTS:

1. BONFIRE SUBMISSION: TFC is using the eProcurement Bonfire Interactive.

Respondents interested in submitting a response must register for a Bonfire account (No Charge). Proposals must be submitted through TFC’s Bonfire Portal at:

http://tfcstate.bonfirehub.com. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email submittals are not acceptable responses to this RFQ.

2. HUB SUBCONTRACTING PLAN (HSP) SUBMISSION: TFC is using the HUB Compliance Reporting System (B2G) as a resource tool to accept the HSP online. Respondents must register for a B2G account (No Charge). The HSP must be submitted through TFC’s HUB Compliance Reporting System (B2G) at: http://tfc2.gob2g.com, B2G Access Code:

1308112270. See Attachment D – HUB Compliance Reporting System – Online Process Guide for instructions on how to submit the HSP. Failure to submit the completed HSP through the B2G system shall result in the rejection of any accompanying submittal.

3. STEP ONE REQUIRED DOCUMENTS: The initial submittal is of qualifications only.

Respondents shall submit documentation through the TFC Bonfire portal link as specified in item 2 of Attachment H – Bonfire Submission Instructions. Requested documentation includes:

A. Package 1: Non-scored Documentation

1) Attachment A, Execution of Submittal;

2) Acknowledgement of Addenda;

3) Original Bid Bond;

4) Documentation verifying online submission of HSP through B2G (i.e. Screen print or confirmation email from B2G system.)

B. Package 2 – Scored Documentation

1) Company Information;

2) Attachment C, Contractor’s Qualification Form;

3) Experience and Qualifications;

http://tfcstate.bonfirehub.com/ http://tfc.gob2g.com/

4) Methodology;

5) Quality/Safety Programs & Safety Record; and

6) Litigation History.

C. Organization: Package pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal.

D. File format shall be as indicated in Attachment H – Bonfire Submittal Instructions.

4. STEP TWO REQUIRED DOCUMENTS: For the five or fewer Respondents chosen to participate in Interviews, Respondent may be asked to submit one (1) original of the following:

A. Attachment B, CMR Proposal Form; and

B. Attachment F, Non-Collusion Affidavit.

5. SUBMITTAL COSTS: Respondents to this RFQ are responsible for all costs of submittal preparation and delivery.

6. STEP ONE CONTENTS: Below is a summary of required information. Submittals without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment A, Execution of Submittal, the Attachment C, Contractor’s Qualification Form, the Bid Bond, and documentation confirming the submission of the HSP through the B2G system shall be returned with the response.

Failure to do so shall result in disqualification.

A. Company Information: Including, but not limited to the following:

1) Company description

2) Ownership information

3) Physical and Mailing addresses

4) Other company locations/offices

5) Primary Contact

6) Office and mobile telephone number, and email address of company’s Primary

Contact

7) 11-Digit State of Texas Vendor Identification Number

8) Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years and if so, why.

9) Indicate if your company has had a contract terminated for default or convenience within the past five years. If yes, provide explanation of circumstances.

10) Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If yes, provide explanation.

11) Identify if your firm 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.

12) Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

B. Relevant Experience and Qualifications: <40 pts.>

1) Relevant Experience:

a. Complete and submit the Attachment C, Contractor’s Qualification Form. The form can be obtained electronically at the TFC website:

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/ Document #1, Index of Forms. Respondent should also provide free-form narrative that describes in detail any qualifications and other projects not enumerated on Attachment C, Contractor’s Qualifications Form.

b. Particularly indicate your firm’s experience with the Construction Manager at Risk (CMR) project delivery method and similarities to the Pre- Construction and Construction scope included in this RFQ. Provide a minimum of three (3) and maximum of five (5) completed projects that demonstrate this CMR experience and for each project include the following:

(1) Construction of law enforcement or specialized training facilities.

(2) Construction of gymnasiums or athletic training facilities.

(3) Extending existing building utilities to a new detached building.

(4) Other experience, expertise or qualifications that distinguish your firm from others for this type of project.

c. Demonstrate the Company’s or Individual’s relevant CMR experience to the type of work solicited in the RFQ.

d. Names of top management and key employees and each person’s duties.

Include the background and experience of these key employees.

e. Provide an Organizational Chart with roles and responsibilities of key individuals assigned to support the Project.

2) Budget/Schedule Compliance: On the Attachment C, Contractor's Qualification Form, Contractor shall demonstrate their ability to meet schedule completion dates and maintain project budgets.

a. For the five (5) most relevant recently completed projects within the past five

(5) years, contractor shall demonstrate experience in meeting completion date schedules by providing the original construction duration and final construction duration on their last five projects. Provide the location of each project. Provide appropriate explanation on the causation when a variance of 5% or more is experienced.

http://www.tfc.state.tx.us/divisions/facilities/prog/construct/formsindex/

b. For the same five (5) most relevant recently completed projects as above, contractor shall demonstrate experience in maintaining construction budgets by providing the awarded budget and the final completion budget. Variances of 5% or more shall be explained for the causation in exceeding the stated awarded budget.

3) Minimum Qualifications:

a. Out of State contractors doing business in Texas shall have a Certificate of Authority to do business in Texas. A copy of the certificate shall be submitted with the submittal.

b. Negative responses from Owners and A/E firms that are familiar with contractor’s performance, depending on problems encountered, may be grounds for disqualification.

C. Methodology: <30 pts.>

1) Proposed Methodology: A detailed plan outlining the methodology intended to be employed by the Respondent that demonstrates the processes of implementation regarding the requirements of the RFQ Scope of Work into a realized and finished project. This shall include, but not be limited to:

a. Processes and techniques used to execute the Work; Pre-Construction, Construction, Completion and Activation, Warranty

b. Problem solving;

a. Value engineering;

b. Maintaining budgets;

c. Maintaining schedules;

d. Staff sizing and roles;

e. Company workload in proportion to the Project outlined in the Statement of

Work; and

f. Coordination of work with subcontractors and/or consultants.

D. Quality Control Program & Safety Program: <10 pts.>

1) Quality Assurance: The Respondent shall provide a description of the firm’s quality assurance processes and program, and the name and job title of the person in the organization who oversees said program.

2) Quality Control: Vendor shall describe its quality requirements and means of measurement. Provide process flow charts on how quality is maintained and achieved. The Respondent shall describe the firm’s policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule. TFC reserves the right to require a copy of the Quality Control Manual, which, if awarded, may become an exhibit to the contract.

3) Safety Program and Safety Record:

a. Safety Program:

(1) Indicate the name and job title of the person in your organization who manages your safety program.

(2) Provide a description of your firm’s safety program.

(3) TFC reserves the right to require a copy of your safety manual if your firm's proposal is scored within the highest range of proposals, which will become a Contract Document after award.

b. Contractor’s Safety Record:

(1) Provide the company’s workers' compensation experience modification rate (EMR) for the last five years as part of the submittal. This shall be submitted in your response on your insurance carrier’s letterhead.

E. Litigation: <Pass/Fail>

1) Provide details of all past or pending litigation or claims filed against Respondent that may affect performance under a contract with TFC.

2) Respondents involved in litigation, depending upon the circumstances, may be disqualified.

F. Attachment A, Execution of Submittal: Failure to sign and return the Execution of Submittal with the response shall result in rejection of the response.

G. Acknowledgement of Addenda: Receipt of all addenda to this RFQ shall be acknowledged by returning a signed copy of the signature page of each addendum with the response. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting qualifications.

Respondent’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFQ.

H. Bid Bond:

1) Respondents shall submit an electronic bid bond and associated Power of Attorney for the Texas Facilities Commission in the sum of $25,000.00. No other form of security will be accepted. The Bid Bond submitted by the awarded vendor will be held until GMP is accepted by TFC, and Performance and Payment Bonds subsequently received and approved.

2) Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, said security will be forfeited to TFC. Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required security bonds and insurance coverage.

3) If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice;

however, Respondents have the option to extend the time in which their response will be honored after this ninety (90) day period.

I. Insurance Requirements for CMRs: The insurance requirements, located in the Attachment G, CMR Service Contract Template, shall be reviewed by an agent of your insurance company prior to submitting a response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements.

J. HUB Subcontracting Plan:

1) In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), the TFC shall make a Good Faith Effort to utilize HUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. Failure to complete and return the Attachment D, HUB Subcontracting Plan shall result in rejection of the response. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the following HUB utilization goals as specified in 34 TAC § 20.284:

21.1% for all building construction

2) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the Respondent's Submittal.

The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contract.

3) As mandated by 34 TAC § 20.285 Respondents must submit an HSP that identifies all subcontracting items and complies with good faith effort requirements of the HSP, and in accordance with the Comptroller of Public Accounts HUB rules 34 TAC §20.285 (d).

4) Pursuant to TGC § 2161.252(B), the Texas Facilities Commission shall reject any response that does not include a fully completed HSP. An incomplete HSP is considered a material failure to comply with the solicitation requirements.

5) The HSP shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the HSP if (a) the Respondent complies with 34 TAC Section 20.285; (b) the Respondent provides its proposed changes to TFC for review; (c) TFC approves the Respondent’s proposed changes to its HSP; and (d) TFC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by TFC.

6) If TFC determines that the Respondent failed to implement the HSP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (g) (5).

7) HUB subcontracting opportunities may be available in the following commodity class/item codes and descriptions: The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation. These codes are defined by the National Institute of Governmental Purchasing(NIGP). A complete listing of all NIGP Class & Item Codes can be found at: https://cmblreg.cpa.state.tx.us/commodity_book/Numeric_index.cfm

Class/Item Description

909-22 Building Construction, Non-Residential, Office Building, etc.

909-23 Building Construction, Apartments, Dormitories, etc.

909-24 Building Construction, Commercial and Institutional

909-25 Building Construction, Prefabricated, All Types

909-30 Building Construction, (Not Otherwise Classified)

909-76 Site Work

909-77 Special Construction: Security, Special Rooms, etc.

911-15 C.I.P., Construction and Rehabilitation, Other than Buildings

911-16 C.I.P., Construction and Rehabilitation, Buildings

913-23 Construction, Defense and Military Structure

8) Respondents must submit their HSP information and “Good Faith Effort” documentation through TFC’s HUB Compliance System (B2G). Please note that the HSP is referred to as the Utilization Plan (UP) in the TFC’s HUB Compliance System (B2G). The HUB Compliance Reporting System (B2G) is a resource tool to automate the HSP entry process. The online entry of the HSP will be in accordance with Texas Government Code (TGC), Section 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281 – §20.298 of the Texas Administrative Code (TAC). The HSP good faith effort controls are built into the HUB Compliance Reporting System, which drives the process to ensure HUB compliance is met. The output document is the same format as the State of Texas Comptroller of Public Accounts requires HSP form.

9) The initial HUB Subcontracting Plan submitted in B2G in response to this RFP solely addresses the Part One pre-construction collaborative phase of the scope of work. The awarded Respondent must submit a revised HSP through B2G, documenting the required Good Faith Effort (GFE) outreach to potential subcontractors to determine GMP. The TFC HUB program must approve the revised GMP HSP before issuing a Notice to Proceed for Part Two construction.

10) If assistance is needed in preparing the HUB Subcontracting Plan, potential Respondents may contact Yolanda Strey by email at HUB@tfc.state.tx.us.

https://cmblreg.cpa.state.tx.us/commodity_book/Numeric_index.cfm mailto:HUB@tfc.state.tx.us

11) Prior to soliciting bids in preparation for GMP, the CMR shall coordinate with the TFC HUB Coordinator to schedule a “Meet the Prime” event in order to promote outreach to HUBs for subcontracting opportunities.

12) Requirement to Utilize HUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(f)(l)(2) and 20.287(b), TFC administers monthly HSP-PAR compliance monitoring through a HUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

7. STEP TWO CONTENTS: Step Two only applies to the five or fewer Respondents chosen from the Step One qualification evaluation. Below is a summary of required information. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment B, CMR Proposal Form and the Attachment F, Non-Collusion Affidavit shall be submitted upon request; failure to do so shall result in disqualification.

A. Attachment B, CMR Proposal Form: This form must be completed and returned.

Respondents may not add qualifications, conditions or exceptions to the proposal.

Any such representation by the Respondent may be cause for rejection of the proposal at the full and sole discretion of TFC.

1) The Offer: The offer (as more fully set forth in the Attachment B, CMR Proposal Form,) shall be comprised of three components listed below. Only components

(2) and (3) listed below are utilized in computing the possible twenty (20) points for compensation and fees.

a. A Pre-Construction Management Not-to-Exceed fee for collaboration with TFC and its A/E during the pre-construction phase described in Section III Scope of Work, Part One. This will be negotiated with top ranked Respondent after evaluation of proposal and interviews.

b. A Construction Management Fee as a percentage of the estimated Cost of Work. Such fee shall represent overhead and profit.

c. A Not-to-Exceed fee for Construction General Conditions.

2) Construction Time: Construction time is estimated at eight hundred and twenty-five (825) calendar days.

3) Submittal Duration: If TFC has not made an award ninety (90) calendar days after responses are opened Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their responses will be honored after this ninety (90) day period.

B. Attachment F, Non-Collusion Affidavit: The Attachment F, Non-Collusion Affidavit must be enclosed with the proposal. The Attachment F, Non-Collusion Affidavit form can be obtained electronically at the following link, ‘Forms Index’, Document #3,

8. INQUIRIES:

A. All inquiries shall be submitted in writing to purchaser identified in SECITION I – GENERAL, Item 5. Agency Point of Contact.

B. All inquiries will result in written responses with copies posted to the ESBD at:

http://www.txsmartbuy.com/esbd. If Respondents do not have internet access, copies may be obtained through the point of contact listed above.

C. Any Respondents finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TFC at once. TFC may then, as an option, issue addenda clarifying the same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

D. Upon issuance of this RFQ, beside written inquiries as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFQ with any potential vendor or their representatives.

Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for conducting business unrelated to this solicitation.

SECTION VI – SUBMITTAL SUBMISSION

1) Submittals shall be uploaded via the Bonfire link in Attachment H – Bonfire Submittal

Instructions prior to 3:00 PM on the date specified in the Schedule of Events above. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the Portal.

2) Follow the submittal instructions specified in the Attachment H – Bonfire Submittal Instructions.

3) Facsimile and email submittals are not acceptable responses to the RFQ.

4) Respondents having difficulty using the Bonfire portal should contact the support number contained in the Attachment H – Bonfire Submittal Instructions. If unable to upload the documents to the Bonfire Portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming submittal non-responsive or late.

5) TFC will not consider any submittal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure.

Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this http://www.txsmartbuy.com/esbd process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its submittal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the submittal which Respondent believes to be confidential. All submittals and parts of submittals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for submittals and parts of submittals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Do not mark your entire proposal as “CONFIDENTIAL”.

SECTION VII - EVALUATION AND AWARD

1) The intent of TFC is to award a contract to the vendor whose qualifications and pricing are considered to be ‘best value’ to the state. When considering ‘best value’ and award, the Owner reserves the right to set a minimum requirement regarding the criteria listed below.

2) An evaluation committee will be established to evaluate submittals. The committee will include employees of TFC, and may include other impartial individuals who are not TFC employees. By submitting qualifications in response to this RFQ, Respondent accepts the solicitation and evaluation process, and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the evaluation committee.

The evaluation committee will evaluate and score each submittal based on the following criteria:

a) Step 1 Criteria Weight

i) Experience and Qualifications 40%

ii) Methodology and Budget/Schedule Compliance 30%

iii) Quality/Safety Programs & Safety Record 10%

iv) Litigation History Pass/Fail

v) HUB Subcontracting Plan Pass/Fail

vi) Total 80%

b) Step 2 Criteria Weight

i) Compensation and Fees 20%

ii) (CM Fee + Construction General Conditions)

iii) Step 1 Criteria 80%

iv) Total 100%

3) The evaluation committee may conduct an interview of the finalist(s) to make a determination for award recommendation. Scoring of the interview may replace the scoring of the Step One criteria listed above. The following will be expected during an interview:

a) One hour is allocated for the interview.

b) Attendance by team members assigned to the Project to represent themselves as to their relevant experience and proposed involvement in the Project. Representation by the Project Manager and the Superintendent is a critical component of the interview.

c) Agenda questions for the interview will be provided by TFC requiring an elaboration of company relevant experience and qualifications, proposed methodology, and quality and safety programs.

4) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate an agreement with the Respondent which is evaluated as the highest scoring, deemed the best value to the State. The Evaluation Committee will determine if price negotiations are necessary and may negotiate final pricing per TGC, Chapter 2269, Subchapter D, §2269.254 (b), (c). If an agreement cannot be negotiated, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next Respondent in order of scoring until an agreement is reached or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

5) In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System available at http://www.txsmartbuy.com/vpts. Prior work performance with TFC and other State agencies or governmental entities, which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

6) RIGHT TO AUDIT: Vendor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, TFC, or any successor agency to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract awarded.

7) PUBLIC DISCLOSURE: News or social media releases pertaining to this RFQ or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFQ and the disqualification of the Respondent to respond to any re-solicitation.

8) PROTESTS: Protests shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

9) ORDER OF PRECEDENCE: In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, http://www.txsmartbuy.com/vpts

Attachments to the Contract, Request for Qualifications, and Respondent’s Response to Request for Qualifications.

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ATTACHMENT A - EXECUTION OF SUBMITTAL

NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS ATTACHMENT

WITH THEIR SUBMITTAL. FAILURE TO DO SO SHALL RESULT IN DISQUALIFICATION

OF THE SUBMITTAL.

By signature hereon, the Respondent certifies that:

1. Provided the Step Two proposal is accepted, the Respondent, signature herein, agrees to execute the Attachment G, CMR Service Contract Template and obtain and furnish the required insurance certificates and surety bonds in accordance with the terms and conditions of the contract. Should the Respondent fail to provide the required insurance certificates within fifteen (15) days after receipt of the Award Notification Letter or provide the surety bonds within ten (10) days as required by the contract, TFC may retain as forfeit the enclosed Certified Check, Cashier's Check or Bid Bond in the sum of $25,000 and disqualify awarded Respondent and proceed with the next ranked Respondent, and so on as provided by statute.

2. False Statements: Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

3. Buy Texas Affirmation: In accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

4. Dealings with Public Servants Affirmation: Contractor certifies that it will comply with all applicable laws at all times, including, without limitation, the following (i) §36.02 of the Texas Penal Code, which prohibits bribery; and (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants.

Respondent has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted response.

5. Antitrust Affirmation: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Respondent.

6. Texas Bidder Affirmation: Respondent certifies that if a Texas address is shown as the address of the Respondent on this Response, Respondent qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

7. Financial Participation Prohibited: Pursuant to Section 2155.004(a) of the Texas Government Code, Respondent certifies that neither Respondent nor any person or entity represented by Respondent has received compensation from Agency to participate in the preparation of the specifications or solicitation on which this Response or contract is based. Under Section 2155.004(b) of the Texas Government Code, Respondent certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated and payment withheld if this certification is inaccurate.

8. Executive Head of a State Agency Affirmation: In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Respondent certifies that it is not (1) the executive head of the TFC (2) a person who at any time during the four years before the date of the contract was the executive head of the TFC, or (3) a person who employs a current or former executive head of the

TFC.

9. Contracts with Former or Retired Agency Employees: Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Respondent will not allow any former employee of TFC to perform services under any contract resulting from this Solicitation during the twelve (12) month period immediately following the employee’s last date of employment from TFC.

10. Employment Restrictions for Former Employees: Respondent acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of TFC who during the period of state service or employment participated on behalf of TFC in a procurement or contract negotiation involving Respondent may not accept employment from respondent before the second anniversary of the date the officer's or employee's service or employment with TFC ceased.

11. Foreign Terrorist…