ESBD_File_331761_RFQ730-23086 CMAR TMC Building #701 Renovation Step 1 FINAL 3.pdf

RFQ730-23086

Rev. 11/9/2022 1

RFQ NO. 730-23086

REQUEST FOR QUALIFICATIONS

FOR

A CONSTRUCTION MANAGER-AT-RISK

FOR

TEXAS MEDICAL CENTER BUILDING #701 RENOVATION

AT THE MEDICAL CENTER

Date Issued: August 2, 2023

Pre-Submittal Conference: August 10, 2023 at 3 PM CT

Questions Deadline: August 10, 2023 at 3 PM CT

Qualifications & HUB Subcontracting Plan Due Date and Bid Opening:

August 23, 2023 at 11 AM CT

Procurement Point of Contact: Hasan Jamil Sr. Buyer 5000 Gulf Freeway Building 1, Room 214 Houston, TX 77204-5015 purfpc@central.uh.edu

Project Summary:

Pre-construction and construction phase services for the 49,000 GSF Renovation of Building 701 at the Texas Medical Center. The project scope will also include exterior building modifications and site work at the Texas Medical Center.

Procurement Method: Selection will be made in accordance with the two-step process set forth in Tex. Educ. Code §51.782.

HUB Goal: 21.1% mailto:purfpc@central.uh.edu

Rev. 11/9/2022 2

TABLE OF CONTENTS

SECTION 1– THE PROJECT

General Project Site Preliminary Project Timeline Budget

SECTION 2 – PROGRAM REQUIREMENTS

Project Program Space Type Construction

SECTION 3– REQUIREMENTS FOR SUBMISSION OF QUALIFICATIONS

General Schedule Submission of Qualifications Pre-Submittal Meeting Clarifications and Interpretations Communication Restrictions No Reimbursement or Re-Delivery

3.8 Acceptance of Evaluation Methodology

Owner’s Reservation of Rights

3.10 No Confidentiality

Contract Historically Underutilized Businesses Execution of Offer Incumbency Certificate Bonding Capacity Summary of Requirements Insurance Requirements Liquidated Damages Prevailing Wage Rates Corporate Partnerships and Sponsorships Compliance with Certain State Contracting Requirements

SECTION 4 – QUALIFICATIONS

General Information Evaluation of Qualifications CRITERION 1 – Relevant Experience and Capabilities CRITERION 2 – Qualifications of Project Team CRITERION 3 – Respondent’s Ability to Establish Budgets and Control Costs on Past Projects CRITERION 4 – Respondent’s Ability to Meet Schedules on Past Projects CRITERION 5 – Respondent’s Knowledge of and Approach to Best Practices CRITERION 6 – Respondent’s Ability to Identify and Resolve Problems on Past Projects CRITERION 7 – Respondent’s Efforts to Attain HUB/MWBE Participation Goal

SECTION 5 – EXHIBITS

EXHIBITS

A Project Site Map B Project Program C Execution of Offer D HUB Subcontracting Plan (“HSP”) and TIP Sheet E CMAR HSP Procedures F Certification of No Boycott G Certification of Compliance H Corporate Response Form

Rev. 11/9/2022 3

SECTION 1– THE PROJECT

General. The University of Houston System (“Owner”) is soliciting statement of qualifications (each a “Qualifications”) for the selection of a construction manager to provide pre-construction and construction phase services for the 49,000 GSF Renovation of Building 701 at the Texas Medical Center (the “Project”) on the University of Houston’s main campus. This is the first step of the two-step process, the second step being a Request for Proposals (“RFP”).

Project Site. The Project will be located on the Medical Center. A campus map depicting the location of the Project site is included as EXHIBIT A.

Preliminary Project Timeline. The preliminary project timeline for the Project is:

Design Start June 2023 Construction Start August 2024 Substantial Completion January 2026 Final Completion February 2026

Budget. The Total Project Cost (“TPC”) is approximately $30,500,000. Owner reserves the right to increase and/or decrease the CCL and TPC in its sole discretion. The TPC includes a Construction Cost Limitation (“CCL”) of approximately $22,900,000. Fees, furnishings, equipment, other work, miscellaneous expenses, and contingencies make up the balance of the TPC. Owner reserves the right to increase and/or decrease the CCL and TPC in its sole discretion.

SECTION 2 – PROGRAM REQUIREMENTS

Project Program. The project shall consist of the total renovation of levels 1-5 of the Texas Medical Center building, approximately 49,000 GSF including site work and exterior modifications. A copy of the program has been included as EXHIBIT B.

Space Type. Instructional, Administrative and Assembly.

Construction. The successful Respondent shall comply with the Owner’s Master Construction Specifications and Campus Design Guidelines and Standards, as revised by Owner, which may be found online at http://www.uh.edu/plantops/departments/fpc/owners-design-criteria/index.php. Requested and approved variations must be approved by Owner in writing, and shall meet the same levels of quality and professional practice as the standard criteria which will be described in an addendum to the guidelines and specifications.

SECTION 3– REQUIREMENTS FOR SUBMISSION OF QUALIFICATIONS

General. Qualified firms that wish to be considered for the award of a contract for the services (each, a “Respondent”) must submit its statement of qualifications for such award (the “Qualifications”) in compliance with the requirements contained in this RFQ. Failure to so comply will result in disqualification of the Qualifications and the Respondent.

Schedule. The following schedule has been established for this solicitation:

http://www.uh.edu/plantops/departments/fpc/owners-design-criteria/index.php

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Request for Qualifications Posted August 2, 2023 Pre-Submittal Meeting August 10, 2023 at 3 PM CT Questions Deadline August 14, 2023 at 11 AM CT Questions & Answers posted to ESBD TBD Qualifications Submittal Deadline August 23, 2023 at 11 AM CT Notification of Shortlisted Firms TBD Notify Finalists TBD Request for Proposals Posted TBD Proposals Submittal Deadline TBD Contract Negotiations Commence TBD Oral Presentations/Interviews, if held TBD Contract Signed TBD Contract State Date (estimated) TBD

The University will be closed the following days:

https://www.uh.edu/human-resources/payroll/holiday-schedule/

3.2.1 Owner reserves the right to change the schedule as necessary to accommodate selection committee members’ schedules or other business of Owner.

Submission of Qualifications. Qualifications are due on or before the Submittal Deadline identified in Section 3.2. Qualifications received after the Submittal Deadline will not be accepted or considered. Qualifications must be delivered to Owner’s Point of Contact:

Hasan Jamil University of Houston Purchasing Department 5000 Gulf Freeway Building 1, Room 214 Houston, TX 77204-5015 purfpc@central.uh.edu

3.3.1 Owner recommends the use of a reliable courier rather than the United States Postal Service for delivery of the Qualifications. Owner will not acknowledge or accept Qualifications delivered by telephone, facsimile (fax), or e-mail.

3.3.2 Each qualification must be submitted in hard and electronic versions as follows:

3.3.2.1 One (1) original signed and one (1) copy signed of the Qualifications no longer than 30-double-sided pages (60 single-sided pages total).

3.3.2.2 Each Qualification must be submitted as one (1) package with two (2) individually sealed envelopes inside. The qualification documents, attachments, Execution of Offer, and any other information must be included in one envelope with a copy on USB. Two (2) copies of the qualification must be included. The completed HUB Subcontracting Plan must be in the second envelope with a copy on USB. One (1) copy of the HSP must be https://www.uh.edu/human-resources/payroll/holiday-schedule/ mailto:purfpc@central.uh.edu

Rev. 11/9/2022 5 included. Owner prefers simple and economically produced Qualifications describing the Respondent’s ability to meet the requirements of this RFQ in a straightforward, concise manner. In evaluating Qualifications, emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and Respondent’s understanding and anticipating of the Owner’s needs.

3.3.2.3 The cover, table of contents, divider sheets, sample documents, incumbency certificate, Bonding Letter, HSP, Execution of Offer and Cost and Delivery Proposal do not count as printed pages. Owner’s published manuals may be submitted in their entirety as an attachment or incorporated by reference.

3.3.3 Each Qualification must include a completed Execution of Offer (EXHIBIT C), which will not count toward the page or size limitation of the Qualifications.

Pre-Submittal Meeting. A mandatory pre-submittal meeting will take place on August 10, 2023 at 3 PM CT via Microsoft Teams. Failure to attend the mandatory pre-submittal meeting will result in disqualification.

Prospective respondents must register in advance through the following link and are strongly encouraged to register at least twenty-four (24) hours in advance of scheduled pre-submittal meeting:

https://teams.microsoft.com/registration/vboLF_CikEytSw6PDwxCWQ,rRBp_i5hGEGEiW6sZuRJcg,xl4 _hVr6H0S0BtDLF9XXFQ,x-4oV858_kyMAFZ68ksN8w,HwicgF1XVke4PBM6jZc-yA,JMpqiCS8EkGVr6lqoiivgg?mode=read&tenantId=170bbabd-a2f0-4c90-ad4b-0e8f0f0c4259

Respondents will receive a confirmation email containing information about joining the meeting after registering.

Clarifications and Interpretations. Any questions or requests for clarification or interpretation shall be submitted to the Point of Contact by email on or before the Questions Deadline identified in Section

3.2. All timely questions will be answered and requests for clarification will be addressed at one time and in one posting as an addendum to this RFQ on the Electronic State Business Daily (“ESBD”) website (http://www.txsmartbuy.com/sp). Owner will post any other clarification to or interpretation of this RFQ that materially affects or changes its requirements as an addendum on the ESBD website. It is Respondents’ responsibility to obtain this information in a timely manner. All such addenda issued by Owner before Submittal Deadline are, and must be treated as, part of this RFQ, and each qualification must specifically acknowledge receipt of this RFQ and each addendum by including a copy of the RFQ and each addendum with the Qualifications (not counted toward the page or size limit).

Communication Restrictions. Subject to Section 3.9.4, Respondents may only communicate with the Point of Contact and no other person regarding this RFQ or the Project, or concerning matters related to them.

No Reimbursement or Re-Delivery. Qualifications and any other information submitted by Respondents become the property of Owner and will not be returned. BY SUBMITTING ITS

QUALIFICATIONS, EACH RESPONDENT ACKNOWLEDGES AND AGREES THAT ANY

COSTS INCURRED BY RESPONDENT IN CONNECTION WITH THIS RFQ (INCLUDING

SUBMISSION OF ITS QUALIFICATIONS) ARE AT RESPONDENT’S SOLE RISK,

RESPONSIBILITY, AND EXPENSE.

https://teams.microsoft.com/registration/vboLF_CikEytSw6PDwxCWQ,rRBp_i5hGEGEiW6sZuRJcg,xl4_hVr6H0S0BtDLF9XXFQ,x-4oV858_kyMAFZ68ksN8w,HwicgF1XVke4PBM6jZc-yA,JMpqiCS8EkGVr6lqoiivgg?mode=read&tenantId=170bbabd-a2f0-4c90-ad4b-0e8f0f0c4259 https://teams.microsoft.com/registration/vboLF_CikEytSw6PDwxCWQ,rRBp_i5hGEGEiW6sZuRJcg,xl4_hVr6H0S0BtDLF9XXFQ,x-4oV858_kyMAFZ68ksN8w,HwicgF1XVke4PBM6jZc-yA,JMpqiCS8EkGVr6lqoiivgg?mode=read&tenantId=170bbabd-a2f0-4c90-ad4b-0e8f0f0c4259 https://teams.microsoft.com/registration/vboLF_CikEytSw6PDwxCWQ,rRBp_i5hGEGEiW6sZuRJcg,xl4_hVr6H0S0BtDLF9XXFQ,x-4oV858_kyMAFZ68ksN8w,HwicgF1XVke4PBM6jZc-yA,JMpqiCS8EkGVr6lqoiivgg?mode=read&tenantId=170bbabd-a2f0-4c90-ad4b-0e8f0f0c4259 http://www.txsmartbuy.com/sp

Rev. 11/9/2022 6

Acceptance of Evaluation Methodology. By submitting its Qualifications in response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner.

Owner’s Reservation of Rights. Owner reserves the right to reject any or all Qualifications at any point during the selection process, and to postpone or abandon – temporarily or permanently – the Project at any time. Further, Owner reserves the right to re-post an RFQ for the Services if Owner determines such action to further and/or protect its interests. In addition to the requirements herein, Owner reserves the option to conduct additional selection steps to further establish a Respondent’s qualifications. Additional steps may include, but not necessarily be limited to, scheduled visits to the Respondent’s offices or to representative projects, and written requests for supplemental information.

No Confidentiality. All information, documentation and other materials requested by Owner and/or submitted or otherwise disclosed by a Respondent (including, but not limited to, the Qualifications, the “Public Information”) are and will be deemed non-confidential and/or non-proprietary and therefore subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) once a contract for the Project is awarded. Owner strictly adheres to applicable laws, including but not limited to statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of information and compliance with the requirement of the Texas Public Information Act. BY SUBMITTING ITS QUALIFICATIONS, A RESPONDENT SPECIFICALLY AND

EXPRESSLY RELEASE OWNER FROM LIABILITY RESULTING, AND WAIVES ANY AND ALL

CLAIMS ON BEHALF OF RESPONDENT AND ANY PERSON(S) CLAIMING BY, THROUGH OR

UNDER RESPONDENT, FROM OWNER’S DISCLOSURE OF THE PUBLIC INFORMATION.

Contract. Owner will award a contract, if at all, on Owner’s then-current contract form

Construction Manager-at- Risk Agreement (the “Contract Form”) A copy of the current Contract Form, as it may hereafter be amended or modified, in strict compliance with the requirements of all applicable laws and regulations, may be found online at https://uhsystem.edu/legal-affairs/general-counsel/construction/construction-contracts-and-forms/cmar_ogc-s-2013-01_revised-05.01.2019.pdf

3.11.1 The Contract Form contains not only the terms under which Owner will contract, but also references to laws affecting the agreement and the design of the Project, including laws governing procurement (including timing for payment), participation by Historically Underutilized Businesses (each, a “HUB”), required insurance, state contracting requirements, application of the Texas Facilities Commission’s current form of Uniform General Conditions, etc. Any capitalized term used but not defined in this RFQ has the meaning ascribed to it in the Contract Form. BY

SUBMITTING ITS QUALIFICATIONS, RESPONDENT IS EXPRESSLY CONSENTING

TO THE TERMS, CONDITIONS, AND PROVISIONS OF THE CONTRACT.

Historically Underutilized Businesses. In accordance with Texas Government Code Sections

2161.181-182 and Texas Administrative Code Section 20.14, Owner is required to make a good faith effort to utilize HUBs in contracts for construction services with an expected value of $100,000 or more where Owner determines that subcontracting is probable. Based on an analysis conducted by the Owner’s Purchasing Department, subcontracting was determined to be probable. Therefore, a Historically Underutilized Business Subcontracting Plan will be required to be submitted with the Qualifications (not counted toward the page or size limit). A copy of the HSP along with instructions are included in EXHIBIT D and CMAR HSP Procedures (EXHIBIT E). Any Qualifications submitted without a completed HUB Subcontracting Plan will be rejected as non-responsive. The HUB Subcontracting Plan will be considered part of any contract resulting from this solicitation.

3.12.1 The HUB Subcontracting Goal for this project is 21.1%.

https://uhsystem.edu/legal-affairs/general-counsel/construction/construction-contracts-and-forms/cmar_ogc-s-2013-01_revised-05.01.2019.pdf https://uhsystem.edu/legal-affairs/general-counsel/construction/construction-contracts-and-forms/cmar_ogc-s-2013-01_revised-05.01.2019.pdf

Rev. 11/9/2022 7

3.12.2 Owner is committed to sponsoring mentor-protégé relationships for HUBs as outlined in Texas Government Code Section 2161.065 and Texas Administrative Code Title 34, Part 1, Chapter 20, Subchapter B, §20.28, and has been performing outreach to support this important effort.

3.12.3 The Respondent shall maintain business records documenting compliance with the HUB Subcontracting Plan (“HSP”) and shall submit a monthly Progress Assessment Report (“PAR”) via the University of Houston’s Contracts Compliance System, https://uh.gob2g.com/ The PAR submission shall be required as a condition for payment.

3.12.3.1 The successful Respondent shall report to Owner the identity and amount paid to each HUB and non-HUB subcontractor to whom the Respondent has awarded a subcontract for labor, supplies, materials and equipment. The subcontractors listed in the Progressive Assessment Reports (PARS) should be the same vendors identified in the HSP during the life of the contract. Complete the PARs Designee Form and submit with the HUB Subcontracting Plan.

3.12.4 Any questions related to completing the HUB Subcontracting Plan should be directed to the HUB Operations Department at hubdocs@uh.edu.

3.12.5 The HUB Operations Department offers a courtesy review. Email hubdocs@uh.edu should you request a review. Reviews may take several days and respondents are encouraged to plan accordingly.

3.12.6 Return HUB Plans in separate envelopes sealed and with the title and reference number “RFQ730-23086 CMAR Texas Medical Center Building #701 Renovation at the Medical Center” on the outside of the envelope. If you have any questions about completing the HSP, you may email the HUB Operations Department at hubdocs@uh.edu.

Execution of Offer. Each Qualifications must include the completed, fully executed and acknowledged Execution of Offer in form and substance identical to the form attached hereto as EXHIBIT C.

Incumbency Certificate. Each Qualifications must include an incumbency certificate establishing the individuals authorized to sign on behalf of Respondent. If Respondent is a limited partnership, the incumbency certificate must be for the individual authorized to bind the general partner of the limited partnership on behalf of the limited partnership.

Bonding Capacity. List Respondent’s bonding capacity and available bonding capacity. Attach a letter of intent from a surety to bond the Project in the minimum amounts required by law (the “Bonding Letter”) that identifies the Project as “RFQ730-23086 CMAR Texas Medical Center Building #701 Renovation at the Medical Center”. Any Proposal submitted without a Bonding Letter, with a generic bonding letter, or with a bonding letter that does not satisfy the requirements of this Section 3.15 will be rejected as nonresponsive.

Summary of Requirements

3.16.1 Respondents must adhere to the following requirements in order for their Qualifications to be considered by Owner. If any requirements are not followed, Respondent’s Qualifications will be considered non-responsive and will not be evaluated.

https://uh.gob2g.com/ file://uhsa1/finance/PURCHASING/Tim's%20Bids/FY19%20Solicitation/Facility%20Department/RFQ's%20Folder/RFQ730-19072%20CMAR%20UH%20Hilton%20College%20Renovation%20and%20Expansion/hubdocs@uh.edu mailto:hubdocs@uh.edu file://uhsa1/finance/PURCHASING/Tim's%20Bids/FY19%20Solicitation/Facility%20Department/RFQ's%20Folder/RFQ730-19072%20CMAR%20UH%20Hilton%20College%20Renovation%20and%20Expansion/hubdocs@uh.edu

Rev. 11/9/2022 8

3.16.1.1 Submit the Qualifications requested by this RFQ by the time and date indicated in Section 3.2 and at the address indicated in Section 3.3.l.

3.16.1.2 Submit the Qualifications in the format indicated in Section 3.3.1;

3.16.1.3 Restrict communications with the Owner, as indicated in Sections 3.5, 3.6, and 3.9.3;

3.16.1.4 Submit a completed HUB Subcontracting Plan, as indicated in Section 3.9.1, with the Qualifications; and

3.16.1.5 Submit a completed Execution of Offer included in EXHIBIT C, as indicated in Section 3.13, with the Qualifications which acknowledges receipt of each Addenda issued pursuant to this RFQ;

3.16.1.6 Submit a certificate of incumbency, as indicated in Section 3.14;

3.16.1.7 Submit a Bonding Letter, as indicated in Section 3.15;

3.16.1.8 Acknowledgement to maintain, and provide proof acceptance of the final award, the insurance coverage as detailed in the Contract Form.

3.16.2 If any requirements are not followed, a Respondent’s Qualifications will be considered non-responsive and will not be evaluated.

Insurance Requirements. The insurance requirements for any contract awarded pursuant to this

RFQ are set forth in the Contract Form. Respondents are hereby advised of the following coverage requirements specific to this Project:

3.17.1 Pollution Liability is required for this Project in a limit of no less than $1,000,000. Please refer to Section 14.4 of the Owner-Contractor Agreement.

3.17.2 Special form builder’s risk coverage is required for this project. Coverage may be provided by Respondent or Owner, at Owner’s discretion. Please refer to Section 5.2.2.1.5 of the Texas Facilities Commission’s Uniform General Conditions which is incorporated by referenced into the Owner-Contractor Agreement.

3.17.3 $25,000,000 in excess/umbrella liability insurance. Please refer to Section 5.2.2.1.6 of the Texas Facilities Commission’s Uniform General Conditions which is incorporated by referenced into the Owner-Contractor Agreement.

3.17.4 No provision, term, or condition in the Contract Form regarding indemnification obligations shall be construed to limit the application of insurance procured by the Respondent in accordance with requirements set forth in the Contract Form.

Liquidated Damages. Respondent agrees by submission of his proposal to start the work on the date specified in a written “Notice to Proceed” issued by the University of Houston and to complete the Project within 540 days (the “Contract Time”). Respondent agrees that by submission of his proposal to pay the following amounts for each consecutive date that the Project is not fully complete beyond the Contract Time as mutually agreed to liquidated damages and not as a penalty.

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Late Completion Day(s) Per Diem Amount

0-15 $1500 16-30 $2000 30+ $3000

Prevailing Wage Rates. The successful Respondent shall pay not less than the wage scale of the various classes of labor as shown on the prevailing wage schedule as established by the United States Department of Labor in accordance with the Davis-Bacon Act, as amended, for Harris County as of the date of execution of the contract awarded pursuant to this RFQ.

Corporate Partnerships and Sponsorships Corporate Partnerships provide increased value beyond simple purchasing agreements by leveraging the UH System’s consolidated spending power across all campuses, athletic, academic, and research strengths and other marketing assets to develop expanded and coordinated opportunities for both the UH System and its corporate partners. Corporate partners are UH System suppliers and service providers whose affiliations with the UH System may help to expand their markets or create mutually beneficial opportunities. The UH System seeks to develop mutually beneficial opportunities with corporate partners and encourages proposers to explore ways to increase the value of the partnership between the UH System and the corporate partner. Opportunities are listed on the University of Houston Corporate Sponsorship webpage might include:

• Student Talent/ internships

• Community Programming

• Alumni Association Partnerships

• Research and Innovation

• Campus Marketing and Branding

• Athletics

Proposers should submit the University of Houston Corporate Response Form (EXHIBIT H) to indicate any areas of interest for additional partnership opportunities and return the completed form with their response to this solicitation, separately from their bid response, to the buyer named in this solicitation.

Corporate Response Forms embedded in solicitation responses will be considered non-compliant and the proposer will be provided forty-eight (48) hours to submit a corrected solicitation response and Corporate Response Form.

Proposer interest in additional partnership opportunities will not be disclosed to the solicitation evaluation committee. Proposer interest in additional partnerships will not be utilized in scoring except by the Purchasing Department in the event of a tie between two proposers. Proposer interest in additional partnerships will not be a part of contractual negotiations. The additional partnership interests of the winning proposer will be provided to the appropriate UH System department once the contract resulting from the solicitation is fully executed. That office will assist proposers and awardees with the development and execution of these opportunities.

Compliance with Certain State Contracting Requirements.

3.21.1 Certification of No Boycott - No Boycott of Israel. The successful Respondent will be required to certify that it is current engaged in, and agrees for the duration of the contract awarded pursuant to this RFQ not engage in the boycott Israel as defined by Section 808.001 of the Texas Government Code. EXHIBIT F https://giveto.uh.edu/corporate-sponsorship/ https://giveto.uh.edu/corporate-sponsorship/

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3.21.2 Anti-Boycott of Energy Companies. The successful Respondent will be required to certify that that it is not currently engaged in, and agrees for the duration of the contract awarded pursuant to this RFQ not to engage in, the boycott of energy companies as defined by Section 809.001 of the Texas Government Code. EXHIBIT F

3.21.3 Anti-Boycott of Firearm Entities or Firearm Trade Associations. The successful Respondent will be required to certify that that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, or will not discriminate against a firearm entity or firearm trade association for the duration of the contract awarded pursuant to this RFQ, as defined by Section 2274.001 of the Texas Government Code.

EXHIBIT F

3.21.4 Certification of No Business with Foreign Terrorist Organizations. For purposes of Section

2252.152 of the Texas Government Code, the successful Respondent will be required to certify that, at the time of the contract awarded pursuant to this RFQ neither the successful Respondent nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the successful Respondent, is a company listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code as a company known to have contracts with or provide supplies or to a foreign terrorist organization.

3.21.5 Certificate of Interested Parties. If the value of the contract awarded pursuant to this RFQ exceeds $1,000,000, the successful Respondent will be required to it has complied with Section

2252.908 of the Texas Government Code and Part 1 Texas Administrative Code Sections 46.1 through 46.3 as implemented by the Texas Ethics Commission (“TEC”), if applicable, and has provided Owner with a fully executed TEC Form 1295, certified by the TEC and signed and notarized by the successful Respondent.

3.21.6 Certification of Compliance – Texas Public Information Act Contracts for $1 Million or more (EXHIBIT G)

3.21.6.1 If the contract awarded pursuant to this RFQ has a value of $1,000,000 or more, then the successful Respondent shall:

3.21.6.1.1. preserve all “contracting information” as defined in Section

552.003 of the Texas Government Code related to the Contract as provided by the records retention requirements applicable to Owner for the duration of the contract;

3.21.6.1.2. provide to Owner any contracting information related to Owner that is in the custody or possession of the successful Respondent on request of Owner no later than ten (10) business days after receiving such request from Owner; and

3.21.6.1.3. on completion of the contract, either:

3.21.6.1.3.1 provide at no cost to Owner all contracting information related to the contract that is in the custody or possession of the successful Respondent; or

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3.21.6.1.3.2 preserve the contracting information related to the contract as provided by the records retention requirements applicable to Owner.

3.21.6.2 Furthermore, the successful Respondent agrees that the requirements of

Subchapter J, Chapter 552, Government Code, may apply to the Contract and Contractor agrees that the Contract can be terminated if the successful Respondent knowingly or intentionally fails to comply with a requirement of that subchapter.

3.21.7 Additional Requirements. Additional state contracting requirements are included in the Contract Form.

SECTION 4 – QUALIFICATIONS

General Information

4.1.1 Each Qualification should address each of the following items in the same order in which they are set forth below:

4.1.1.1 Introduction and general information of Respondent:

4.1.1.1.1. Firm data and general qualifications;

4.1.1.1.2. Legal name and address(es); and

4.1.1.1.3. Firm profile, i.e.;

• Age,

• Type of legal entity (e.g., partnership, professional corporation, etc.),

• Firm history,

• Firm size (professionals by discipline) currently and one year ago,

• Areas of specialty/concentration, and

• Current certificate of incumbency. If Respondent is a limited partnership, the certificate should be for its general partner entity.

4.1.1.2 Respondent’s financial stability will be evaluated based on Respondent’s consistent revenue stream, and on pending acquisitions, loan defaults and litigation.

4.1.1.2.1. Certify that Respondent will submit an audited copy of Respondent’s financial statements for the past three (3) years, if requested by Owner.

4.1.1.2.2. Provide Respondent’s annual revenue total for the immediately preceding fiscal year.

4.1.1.2.3. Provide Respondent’s annual revenue totals for the past five (5) years.

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4.1.1.2.4. Provide Respondent’s annual revenue totals within the state of Texas for the past five (5) years.

4.1.1.2.5. If Respondent is currently for sale or otherwise involved in any transaction to expand or to become acquired by another business entity, explain the impact the proposed transaction is expected to have on Respondent’s organization and operation and on the staffing of the Project.

4.1.1.2.6. If Respondent is currently in default, or has received a notice of default, or will be (due to the passage of time) in default on any loan or financing agreement with any bank, financial institution, or another lender, specify relevant dates, circumstances, and prospects for resolution.

4.1.1.3 Identify and provide details of any pending or threatened litigation or claims against Respondent:

4.1.1.3.1. that would affect Respondent’s performance on the projects if a contract were awarded to Respondent, and/or

4.1.1.3.2. alleging Respondent’s default under a contract for the construction, modification or renovation of permanent improvements to real property.

4.1.1.4 Description of Respondent’s proposed CMAR team for the Project (the “Project Team”). Identify or provide (as appropriate):

4.1.1.4.1. Key firm personnel to be assigned to the Project.

4.1.1.4.2. Organizational chart illustrating reporting lines and names and titles for key participants proposed by Respondent. Indicate the estimated percentage of the time these team members will be involved in the Project for Pre-Construction Phase Services and Construction Phase Services.

4.1.2 If, in Owner’s judgment, a Respondent’s proposed team does not include all the specialties needed to perform all services for the Pre-Construction Phase and Construction Phase of the Project, or includes unnecessary or redundant services (and/or service providers), Owner may, at its sole discretion, request that Respondent revise the team. Owner also may recommend qualified, reputable subcontractors and/or consultants help meet its HUB goal for this project.

Evaluation of Qualifications. By submitting its Qualifications, Respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) may require subjective judgments by Owner.

4.2.1 Owner will review and evaluate all complete and compliant Qualifications and produce a short list of up to five (5) best qualified Respondents, determined in accordance with the criteria set forth in this RFQ. All Respondents will be notified of the short list.

4.2.2 The short-listed Respondents will be asked to respond to a Request for Proposal for the Project.

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4.2.3 If the selection committee elects to conduct interviews of the short-listed Respondents, the Owner will notify them of the date, time and location of these interviews.

4.2.4 Qualifications will be evaluated and ranked based on the following matrix:

Category Value

CRITERION 1 – Relevant Experience and Capabilities (Section 4.3) 30% CRITERION 2 – Qualifications of Project Team (Section 4.4) 20% CRITERION 3 – Respondent’s Ability to Establish Budgets and Control Costs (Section 4.5) 10%

CRITERION 4 – Respondent’s Ability to Meet Schedules on Past Projects (Section 4.6) 10%

CRITERION 5 – Respondent’s Knowledge of & Approach to Best Practices (Section 4.7) 10%

CRITERION 6 – Respondent’s Ability to Identify and Resolve Problems on Past Projects (Section 4.8) 10%

CRITERION 7 – Respondent’s Efforts to Attain HUB/MWBE Participation Goal (Section 4.9) 10%

Total of Weighted Value 100%

CRITERION 1 – Relevant Experience and Capabilities. Relevant experience and capabilities will be judged through a review of completed projects of similar components and complexity as the Project.

4.3.1 Provide data for no more than five (5) but no less than two (2) projects, in order of relevance, that best illustrate Respondent’s experience and current capabilities relevant to the Project (the “Representative Projects”). For each Representative Project, identify the Project Team members that have been involved firsthand in providing primary services, and provide the following information:

4.3.1.1 Project name and location.

4.3.1.2 Brief project description including:

4.3.1.2.1. Type of construction (new, renovation, or expansion);

4.3.1.2.2. Size in GSF, scope and contract delivery method;

4.3.1.2.3. Color images (photographic or machine reproductions);

4.3.1.2.4. Construction cost estimate determined by Respondent during pre-construction phase services;

4.3.1.2.5. Final construction cost;

4.3.1.2.6. Actual notice to proceed for pre-construction services;

4.3.1.2.7. Actual notice to proceed, substantial completion, and final completion dates for construction services;

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4.3.1.2.8. Name of project manager (individual responsible to the owner for the overall success of the project);

4.3.1.2.9. Name of project superintendent (individual responsible for coordinating the day-to-day work);

4.3.1.2.10. Names of mechanical, plumbing and electrical subcontractors; and

4.3.1.2.11. If any member of Respondent’s Project Team was directly involved, his or her name and title on such Representative Project.

4.3.1.3 The owner’s name, and the address, email address and telephone number of an individual employed with the owner that Owner can contact for references. Identify the length of Respondent’s business relationship with the owner.

4.3.1.4 The name and contact information (including email address and phone number) of the architect/engineer’s name and representative who served as the day-to-day liaison during the construction phase of the project, including telephone number.

4.3.2 References shall be considered relevant based on specific project participation and experience with the Respondent. Owner reserves the right to contact the listed references and any other references at any time during the RFQ or RFP process. Your Qualifications should specifically acknowledge your approval for Owner to contact references as set forth in Sections

4.3.1.3 and 4.3.1.4, and

4.3.3 Identify a maximum of three (3) completed projects of any type for which Respondent has received an award for construction excellence from a recognized organization and provide descriptive information for each.

CRITERION 2 – Qualifications of Project Team. The qualifications of the Project Team will be evaluated based on the experience of the individual, primary team members, and/or consultants with special emphasis given to their experience within their assigned roles and their history of working together on other projects. Emphasis is also given to the proximity of the primary residence of key Project Team members to the Project.

4.4.1 Provide a Project Organization Chart for your complete team and the resume of each member of the Project Team, including his/her experience with similar projects, the number of years with Respondent, and city of residence. For each resume, identify whether the team member will be involved in Pre-Construction Phase Services, Construction Phase Services, or both as those terms are defined in the Contract Form, and include at least two professional references from individuals who are not associated with Respondent.

4.4.2 For each member of the Project Team identified in response to Section 4.3.1, describe his/her responsibility in each of the Representative Projects and compare it with his/her anticipated responsibility in the Project.

4.4.3 Identify any consultants that are included as part of the Project Team, their role, and related experience for this Project. List other projects for which the consultant(s) has worked with Respondent.

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4.4.4 Identify by name, direct dial telephone number, and city of residence of Respondent’s officer or principal who will have daily operational responsibility for the Project, and describe his/her experience with similar projects and number of years employed by Respondent.

CRITERION 3 – Respondent’s Ability to Establish Budgets and Control Costs on Past Projects. Ability to establish budgets and control costs will be evaluated based on Respondent’s policy and practice (supported by past project successes) of establishing, managing, and reporting accurate budget/estimate data including design reviews for constructability and ensuring that design conforms to budget constraints.

4.5.1 Provide specific examples of recent projects where Respondent’s policies and practices have been used to develop and control budget.

4.5.2 Describe your fiduciary responsibility as a construction manager-at-risk (“CMaR”) using Guaranteed Maximum Price (“GMP”) contracts for publicly funded projects.

4.5.3 Describe your cost estimating methods during the pre-construction, design, and construction phases. For any two (2) of the Representative Projects, explain, with specific examples, how these techniques were used and what degree of accuracy was achieved.

4.5.4 Describe your cost control methods during construction and how you procure subcontracts, confirm scope, confirm costs and ensure proper payment. For any two (2) of the Representative Projects, explain, with specific examples, how these techniques were used and the degree of accuracy achieved.

4.5.5 Describe your methodology for working with the project architect/engineer and its consultants to deliver a GMP and to stay on budget throughout the design and construction process.

4.5.6 Provide a sample of a cost estimate used to establish a contract amount from any of the Representative Projects.

4.5.7 Owner intends to accept a GMP prior to completion of Construction Documents. Describe your process for (a) ensuring that the design documents provide the information necessary to arrive at a complete GMP, including all Owner requirements with reasonable contingencies; and (b) your process for subsequently ensuring that the 100% complete Construction Documents align with the Project scope in the previously accepted GMP.

CRITERION 4 – Respondent’s Ability to Meet Schedules on Past Projects. Ability to meet schedules will be evaluated based on Respondent’s approach to establishing, monitoring, and reporting project schedule information, including recovery when necessary.

4.6.1 Describe how you will develop, maintain and update the Project schedule during design and construction.

4.6.2 Describe your approach to assuring timely completion of this Project, including methods for schedule recovery, if necessary. From any two (2) of the Representative Projects, provide specific examples of how these techniques and/or strategies were used, including specific scheduling challenges/requirements and actual solutions.

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4.6.3 Describe how you develop and maintain work schedules during design and construction to coordinate with the owner’s project schedule. From any two (2) of the Representative Projects, provide specific examples of how these techniques and/or strategies were used.

4.6.4 Describe your experience with critical path method (“CPM”) scheduling and the software platform you propose to utilize for this Project. From any two (2) of the Representative Projects, provide a sample of the monthly schedule reports, including WBS, identified milestones, critical path and schedule recovery plans.

CRITERION 5 – Respondent’s Knowledge of and Approach to Best Practices. Knowledge and approach to best practices will be evaluated based on Respondent’s approach to Quality Assurance / Quality Control (“QA/QC”), including Respondent’s experience in working with owners who have their own inspections team/program, as well as Respondent’s philosophy and approach to various other areas of “industry best practice” and how Owner would benefit from Respondent’s approach as compared with the approach of Respondent’s competitors.

4.7.1 Describe your QA/QC program. Explain the methods used to ensure QA/QC during the Construction Phase of a project. Provide specific examples of how these techniques or procedures were used for any of the Representative Projects.

4.7.2 Describe your procedures for implementing “industry best practice” as defined by the Construction Industry Institute and similar organizations for:

4.7.2.1 Establishing and tracking project objectives;

4.7.2.2 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 architect/engineer;

4.7.2.3 Partnering;

4.7.2.4 Cost tracking;

4.7.2.5 Master milestone scheduling, look-ahead planning, and weekly work planning to ensure best productivity;

4.7.2.6 Change (order) management systems;

4.7.2.7 Building systems commissioning including coordination with the Owner’s commissioning agent; and

4.7.2.8 Total quality management for each phase, including coordinating with the owner’s project inspectors, testing, commissioning, training, close-out and warranty service.

4.7.3 Provide an example of a successful constructability program used to maintain project budgets without sacrificing quality.

4.7.4 Experience with utilizing Building Information Modeling (“BIM”) in conjunction with an architect/engineering team (“A/E”) for communication and coordination of building components.

Finally, discuss your firm’s experience and approach to partnering with an A/E to coordinate and

Rev. 11/9/2022 17 consolidate project as-built information in a BIM model for the owner’s use in building life cycle management.

4.7.5 Describe your methodology for advertising, evaluating, and selecting trade contrators for “major” institutions of higher education, state agencies, and other political subdivisions of the State as a CMaR.

4.7.6 As a CMaR, describe your relationship with the local subcontracting community.

4.7.7 Provide any other details regarding special services, products, advantages or other benefits offered to Owner by Respondent.

4.7.8 Describe what you believe are the unique operational skills and experiences that distinguish Respondent from its competitors.

CRITERION 6 – Respondent’s Ability to Identify and Resolve Problems on Past Projects.

4.8.1 Describe your understanding of the administrative challenges and opportunities associated with providing Pre-Construction and Construction Phase services for Owner on this Project, and your strategy for resolving these issues.

4.8.2 Understanding the schedule limitations, provide an analysis of the Owner’s project planning schedule in Section 1.2 of this RFQ and describe your plan for communicating constructability, phasing, value engineering and other budget options in a form that will quickly facilitate the Owner’s decision making.

4.8.3 For any combination of two Representative Projects, describe any conflicts with the Owner, consultants, project architect/engineer, or subcontractors and describe the methods used by the Respondent to resolve those conflicts.

CRITERION 7 – Respondent’s Efforts to Attain HUB/MWBE Participation Goal.

4.9.1 What are your company’s internal processes and procedures increase to HUB/MWBE participation?

4.9.2 What types of Technical Assistance does your company offer to help increase HUB/MWBE

4.9.3 What type of outreach does your company conduct to help increase HUB/MWBE

SECTION 5 – EXHIBITS

The following exhibits are located on the Electronic State Business Daily and hereby incorporated by reference into this RFQ:

EXHIBITS

A Project Site Map B Project Program

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C Execution of Offer D HUB Subcontracting Plan (“HSP”) and TIP Sheet E CMAR HSP Procedures F Certification of No Boycott G Certification of Compliance H Corporate Response Form

Visit http://www.txsmartbuy.com/sp and under “Agency/Texas SmartBuy Member Name”, select “University of Houston – 730”. Under “Status”, select “Posted” and click “search” to get a list of active University of Houston procurements.

Website is best viewed using Chrome.

http://www.txsmartbuy.com/sp

SECTION 5 – EXHIBITS