ESBD_File_338958_RFP769-24-23-01-2307CS UNT New Residence Hall CMAR.pdf

Request for Proposal

Construction Manager at Risk

UNT NEW RESIDENCE HALL

RFP769-24-23-01-2307CS

CMAR-UNT NEW RESIDENCE HALL

TABLE OF CONTENTS

Document#

001100 Advertisement for Proposals

Project Description Questions Pre-Proposal Meeting Historically Underutilized Business (HUB)

002100 Instruction to Proposers

Definitions, Background, and Special Concerns Pre-Proposal Meeting Project Proposed Schedule Preparation of Proposals Submission and Withdrawal of Proposals General Information Award Process

002400 Scope for Proposal

Project Description Delivery Miscellaneous Provisions HUB Sub-contracting Goal Liquidated Damages Criteria for Award Required Information

Criterion A-G

004100 Proposal Form CMAR Pricing Schedule Delivery Schedule Payment Terms Sales Tax Insurance Liquated Damages Addenda Acknowledgment Signature Page General Conditions Matrix

005200 Agreement Forms

UNTS Construction Manager at Risk Agreement

006000 Project Forms Payment Bond Form

Performance Bond Form Historically Underutilized Business (HUB) Subcontracting Plan

007000 UNTS Uniform General Conditions 2022

ISSUE DATE

October 4, 2023

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RFP769-24-23-01-2307CS ADVERTISEMENT FOR PROPOSALS

DOCUMENT 001100

ADVERTISEMENT FOR PROPOSALS

University of North Texas System CMAR – UNT Residence Hall Date of Bid Opening: November 2, 2023, at 3:00 pm CST

In accordance with Education Code 51.783, the University of North Texas System (UNTS), subsequently referred to as Owner is accepting proposals and intends to enter into an agreement with a vendor that specializes in Construction Manager-at-Risk services in accordance with the terms and conditions and requirements set forth in this Request for Proposal (RFP). Sealed proposals for RFP769-24-23-01-2307CS will be received by the Owner electronically through Jaggaer link https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS.

The Proposal Form will be received up to 2:00 p.m. CST on November 2, 2023, electronically via Jaggaer link https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS. Proposals received after the date and hour above stated will not receive consideration. Proposals will then be publicly opened and read aloud virtually promptly at 3:00 p.m. CST on November 2, 2023.

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Project Description

Consistent with the institution’s strategic plan and campus master plan, this project will be to construct new facility/facilities on the main UNT campus. It is anticipated that the construction will be in multiple phases with the initial phase constructing approximately 600 beds with a possible second phase of approximately 400 beds. Scope of Services will include pre-construction and CMAR services. Substantial completion anticipated to be March 2026.

Questions

Questions concerning this proposal should only be directed to:

Carrie Stoeckert –Construction Contract Expeditor III carrie.stoeckert@untsystem.edu.

All questions must be received no later than 2:00 p.m. CST on October 18, 2023. All questions and answers will be posted to the website by 5:00 p.m. CST on October 20, 2023.

The Owner may in its sole discretion respond in writing to questions concerning this Proposal. Only the Owner’s responses made by formal written Addendum to this Proposal shall be binding and shall be posted on the UNT System website located at https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php; the UNT System Jaggaer website located at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS; and Electronic State Business Dailey (ESBD) https://www.txsmartbuy.com/esbd . Oral or other written interpretations or clarifications shall be without legal effect.

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RFP769-24-23-01-2307CS ADVERTISEMENT FOR PROPOSALS

Pre-Proposal Meeting

A pre-proposal meeting will be held virtually at 2:00 p.m. on October 13, 2023, via the link below:

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Historically Underutilized Business (HUB)

In accordance with Texas Government Code 2161, if Owner elects to award the future Construction Phase Services to the Construction Manager, the Guaranteed Maximum Price (GMP) for the proposed contract resulting from the extension of this Contact is expected to exceed $100,000.00. Therefore, a Good Faith Effort Program in the form of a HUB Subcontracting Plan (HSP) is a mandatory condition precedent to the award of any such extension of the contract.

The HSP will become a part of the Construction Manager-at-Risk Agreement and need not be submitted until such time as the GMP is submitted for review and acceptance by Owner. Refer to Division 00, Section 006000 herein for HSP Forms.

The Owner is not bound to accept an offer if that offer is not in its best interest, as determined by the Owner. The Owner reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Proposal with one or more respondents; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of the Owner.

END OF SECTION

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

DOCUMENT 002100

INSTRUCTIONS TO PROPOSERS

University of North Texas System (UNTS), subsequently referred to as the Owner, is accepting sealed proposals from respondents for a construction management-at-risk contract, pursuant to Sec. 51.782, Texas Education Code, using the one-step process in accordance with the terms, conditions and requirements set forth in this Request for Proposals (RFP). This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the Owner.

1. DEFINITIONS, BACKGROUND, AND SPECIAL CONCERNS

1.1 Construction Manager-at-Risk – A construction manager-at-risk, herein referred to as Construction

Manager is a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for pre-construction services, construction, rehabilitation, alteration, or repair of a facility at or below the Guaranteed Maximum Price (GMP) as a general contractor and provides coordination and consultation to the Owner regarding construction during and after the design of the facility.

1.2 Architects and Engineers – Before selecting a Construction Manager, the Owner shall select or designate an engineer or architect who shall prepare the construction documents for the project and who has full responsibility for complying with the Texas Engineering Practice Act (Education Code 51.776; Occupation Code; Chapter 1001), and/or the Texas Architectural Practice Act (Education Code 51.776; Occupation Code; Chapter 1051), as applicable.

1.3 Trade Contractors and Subcontractors – The Construction Manager shall publicly advertise and solicit either competitive bids or competitive sealed proposals from trade contractors, subcontractors, or suppliers for the performance of necessary major elements of the work, other than the minor work that may be included in general conditions. A representative of the Owner shall participate with the Construction Manager during this process. The Construction Manager may seek to perform portions of the work itself if the Construction Manager submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and if the Owner determines that the Construction Manager’s bid or proposal provides the best value for the institution. The Owner’s determination in such matters is final.

1.4 Receipt of Bids or Proposals – The Construction Manager and the Owner shall receive and open all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to a person not employed by the Construction Manager, engineer, architect or Owner. All bids or proposals shall be made public by the Construction Manager within seven (7) days after the date of final selection.

1.5 Acceptance of Recommendations for Trade Contractors and Subcontractors – If the Construction

Manager reviews, evaluates, and recommends to the Owner a bid or proposal from a trade contractor or subcontractor, but the Owner requires a bid or proposal from another trade contractor or subcontractor to be accepted, then, pursuant to the terms of the Contract, the Owner shall compensate the Construction Manager by a change in cost, time, or guaranteed maximum cost for any additional cost and risk, which has been demonstrated to the Owner’s satisfaction and as required by the Contract, that the Construction Manager may incur.

1.6 Schedule, Scope, Budget – Detailed information about schedule, scope and budget, are contained in

Section 3 and herein below.

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

2. PRE-PROPOSAL MEETING:

A pre-proposal meeting will be conducted virtually to answer any questions regarding the scope of the project and the submission of the HUB Subcontracting Plan. Attendance is not mandatory but highly recommended. The pre-proposal meeting will be held:

October 13, 2023 @ 2:00 p.m.

Meeting virtually via Microsoft Teams:

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Meeting ID: 211 586 561 182

Passcode: TjaVbD

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3. PROJECT PROPOSED SCHEDULE

10/13/23 2:00 p.m. Pre-proposal Meeting - Virtual 11/02/23 2:00p.m. Deadline for Construction Manager-at-Risk Proposals 11/02/23 3:00p.m. Public Opening of Proposals Received - Virtual December 2023 Issue request for Interviews to Short-listed firms on or about (if necessary) December 2023 Construction Manager Interviews on or about (if necessary) December 2023 Formal Contract Award Notification of Selected Firm January 2024 - Owner/CM Construction Manager Pre-Construction Services Authorized

November 2024 GMP from Construction Manager, or earlier December 2024 Anticipated Notice to Proceed and Begin Construction March 2026 Substantial Completion April 2026 100% Construction Complete/Final Inspection May 2026 Furniture, Fixtures & Equipment Installation Move-in, and staffing

4. PREPARATION OF PROPOSALS

Respondent shall comply with the following instructions in preparing its proposal.

4.1 General Instructions

A. Respondents should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. Respondents must comply with all the rules, regulations and statutes relating to purchasing in the State of Texas, to the rules and regulations of the Owner and the requirements of this form. UNTS consists of the UNTS Building at Dallas, University of North Texas at Denton, University of North Texas at Dallas, and University of North Texas Health Science Center at Fort Worth.

B. Proposals and any other information submitted by Respondents in response to this RFP shall become the property of the Owner.

C. The Owner will not provide compensation to Respondents for any expenses incurred by the

Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated or required by law. Respondents submit qualifications and proposals at their own risk and expense.

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

D. Submittals which are qualified with conditional clauses or alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by the Owner, at its sole option.

E. Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm’s ability to meet the requirements of this RFP with a limitation of thirty (30) pages. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the Owner’s needs.

F. The Owner makes no guarantee that an award will be made as a result of this RFP and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or contract when deemed to be in the Owner’s best interest. Representations made within any proposal will be binding on responding firms. The Owner will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP.

G. Failure to comply with the requirements contained in this RFP will result in a finding that the respondent failed to submit a responsive proposal to this RFP and is therefore considered disqualified.

H. Any quotation number referenced is for pricing purposes only. In addition, the Owner’s solicitation terms and mutually acceptable written revisions, if any, shall apply. Any terms and conditions not accepted through BSS (Business Support Services) Purchasing in writing are not binding on either party.

I. The Owner will not be bound by any oral statement or representation contrary to the written specifications of this Response.

J. Responses should be submitted on the form in Division 00, Section 004100, Proposal Form.

Responses cannot be altered or amended after opening time. Alterations made before opening time should be initialed by Respondent or his authorized agent. No response can be withdrawn after opening time without approval by the Owner based on an acceptable written reason.

4.2 Preparation and Proposal Instructions

A. Respondents must complete, sign and return the attached Division 00, Section 004100, Proposal

Form, as part of their qualification’s proposal response. Proposals must be signed by Respondent’s company official(s) with authority to bind the firm in a contract. Failure to sign and return these forms will subject your proposal to disqualification. Unsigned responses will not be considered under any circumstances.

B. Responses to this RFP should consist of answers to required criterion in Division 00, Section 002400, Scope of Proposal. It is not necessary to repeat the criterion in your response; however, it is essential that you reference the criterion number with your corresponding response. In cases where a criterion does not apply or if you are unable to respond, reference the criterion number and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Briefly explain your reason when responding N/R.

4.3 Page Size, Binders and Dividers

Proposals must be on letter-size (8½” X 11”) paper, portrait style. The Owner requires that proposals be submitted per Section 5. Preprinted material should be referenced in the proposal and included as labeled attachments. Sections should be divided by tabs for ease of reference. Number each side of each page consecutively, including letter of interest, brochures, licenses, resumes, and supplemental information.

Proposals must be limited to thirty (30) pages, including brochures and other documents. Covers, table of contents and divider tabs will not count as pages, provided no additional information is included on those pages. Any submittals exceeding the thirty (30) page limit may be disqualified. Completed Section 004100, Proposal Form, the bonding letter, and company financial information will not count toward the page limitation.

CMAR-UNT New Residence Hall 002100 - 4

RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

4.4 Table of Contents

Include with the proposal a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the proposal as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by your firm (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section. Supplemental information, unless excluded in Section 4.3 above, will count toward the page limitation.

4.5 Pagination

All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.). Attachments should be numbered or referenced separately. Divider tabs do not require numbering.

4.6 Bonding

Attach a letter of intent from a surety company indicating the applicant’s bond ability for this project. The surety shall acknowledge that the firm may be bonded for the project, with a potential construction cost of $50,000,000.00. Bonding requirements are set forth in the Division 00, Section 7000, UGC.

4.7 Pricing

Respondent must complete Division 00, Section 004100, Proposal Form and submit an RFP response in accordance with Division 00.

A. Pricing reflects the full Scope of Work defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead and profit, or as otherwise defined, as appropriate.

B. The Owner will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Respondent’s proposal.

4.8 Eligible Respondents

Only individual firms or formal joint ventures may apply. Two (2) firms may not apply jointly unless they have formed a joint venture. Any associates will be disqualified. (This does not preclude a respondent from having consultants.)

4.9 Checklist

Respondents are instructed to complete, sign and return the following documents as part of their proposal submittal. Failure to return these documents may subject your proposal to disqualification. Responses should be submitted on the proposal form and by proposal in accordance with the RFP. Responses will be time stamped on or before the hour and date specified for the response opening.

A. Bonding Letter B. Signed and Completed Proposal Form (Division 00, Section 004100) C. Responses to RFP (Division 00, Section 002400)

5. SUBMISSION OF PROPOSALS

Submit a total of one (1) complete copy of the entire response electronically thru the UNTS Jaggaer site at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS. No QR codes will be accepted as part of your response and may disqualify your response. An original signature or electronic signature must appear on the Proposal Form (Division 00, Section 004100). Please submit your response as one (1) pdf file.

Remember to sign the Proposal form (004100) electronically.

A. Late proposals will not be considered under any circumstances.

B. Telephone proposals are not acceptable.

C. Facsimile (“FAX”) or emailed proposals are not acceptable.

CMAR-UNT New Residence Hall 002100 - 5

RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

The RFP responses must be submitted no later than 2:00 p.m. CST on November 2, 2023. Responses received after the date and hour previously stated will not receive consideration.

TO: Carrie Stoeckert University of North Texas System

Proposals will be received until the date and time established for receipt, then opened. The names of the respondents who submitted proposals will be made public. Responses shall be delivered electronically via UNTS Jaggaer link: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS .

In order to submit proposals electronically, Proposer must have a working, registered vendor username and password to login. If this is the first time Proposer has attempted to submit a response electronically, please register at:

Proposers are highly encouraged to ensure you have a working login in advance of the submission deadline.

Proposer is responsible for ensuring it has the technical capability to submit its proposal via electronic submission.

Browser requirements: Chrome

Proposer shall be solely responsible for ensuring timely submission of the Proposal.

UNTS is not responsible for equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of a Proposal of inaccessibility of the submitted data. Proposers are highly encouraged to prepare and allow for sufficient time to familiarize themselves with the electronic submission requirements and to address any technical or data issues

Prior to the Proposal due date and time.

A virtual public opening shall be held virtually via Microsoft Teams on Thursday, November 2, 2023, promptly at 3:00 p.m.

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6. GENERAL INFORMATION

6.1 Type of Contract

After proposals are received in response hereto, and notice of intent to award a contract is made, the successful Respondent will be required to enter into a contract in the form of the Owner’s standard

Construction Manager-at-Risk Agreement. A copy of the proposed Construction Manager-at-Risk

Agreement to be used is attached. This is for informational purposes only. Proposed changes to the

Construction Manager-at-Risk Agreement will not be considered by the UNTS. For questions regarding the contract, contact:

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

Carrie Stoeckert – Construction Contract Expeditor III

University of North Texas System Strategic Infrastructure, Planning & Construction carrie.stoeckert@untsystem.edu

6.2 Inquiries and Interpretations

Any questions or concerns regarding this Request for Proposals shall be directed to:

Carrie Stoeckert – Senior Construction Contract Coordinator

University of North Texas System Strategic Infrastructure, Planning & Construction

Please only submit solicitation questions via email to:

carrie.stoeckert@untsystem.edu.

All questions must be received no later than October 18, 2023, at 2:00 pm CST. All questions and answers will be posted to the website by 5:00 pm CST October 20, 2023.

The Owner specifically requests that Respondents restrict all contact and questions regarding this RFP to the above-named individual except as provided in 7.5.

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued electronically by addendum (amendment) and posted at:

https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php;

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS; and http://www.txsmartbuy.com/sp.

All such addenda issued by the Owner prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of such in their proposal. Respondents are responsible for obtaining any addenda posted on the websites listed above.

Only those inquiries the Owner replies to which are made by formal written addenda shall be binding.

Oral and other interpretations or clarifications will be without legal effect. The Respondent must acknowledge all addenda in Division 00, Section 004100, Proposal Form.

6.3 Compliance with Law

Construction Manager is aware of, is fully informed about, and in full compliance with its obligations under existing applicable law and regulations, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60-741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated Facilities (41 CFR 60-1), Omnibus Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96-507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Civil Rights Act of 1991, and all other laws and regulations and executive orders as are applicable.

6.4 University’s Right to Audit

At any time during the term of any Contract resulting from this solicitation and for a period of seven (7) years thereafter, the Owner or a duly authorized audit representative of the Owner or the State of Texas, at its expense and at reasonable times, reserves the right to audit Construction Manager’s records and books relevant to all services provided under this Contract. In the event such an audit by the Owner reveals any errors/overpayments by the Owner, Construction Manager shall refund the Owner the full amount of such overpayments within thirty (30) days of such audit findings, or the Owner, at its option, reserves the right to deduct such amounts owing the Owner from any payments due Construction Manager.

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

6.5 Access to Documents

To the extent applicable to this procurement, in accordance with Public Law 99-499 under TEFRA, Construction Manager agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Construction Manager and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, the U.S. Department of Health and Human Services, and their duly authorized representatives.

6.6 Insurance and Bonds

The Contractor shall provide and maintain insurance, performance bond, and payment bond has required, the minimum insurance coverage and bonding requirements are stated in Division 00, Section 007000, UNTS Uniform General Conditions.

6.7 Other Benefits

It is understood and agreed that no benefits, payments or considerations received by Construction Manager for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly, or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are, by definition, an employee of the State.

6.8 Non-Disclosure

Construction Manager and the Owner acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Construction Manager or the Owner, unless (i) required by law, (ii) required by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.

6.9 Publicity

Construction Manager agrees that it shall not publicize this potential Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the Owner’s employees or use the Owner’s name in connection with any sales promotion or publicity event without prior written approval.

6.10 Assignment

The potential agreement with Construction Manager resulting from this RFP is a personal service contract for the services of Construction Manager, and Construction Manager’s interest in such agreement, duties thereunder and/or fees due thereunder may not be assigned or delegated to a third party without the Owner’s prior written consent. The benefits and burdens of such agreement are, however, assignable by the Owner.

6.11 Assignment of Overcharge Claims

Construction Manager hereby assigns to the Owner any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967).

6.12 Patent and Copyright

Construction Manager shall pay for any royalties, license fees, copyrights or trade and service marks required to perform the services required by any resulting Contract.

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

6.13 Texas Public Information Act

The Owner considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non-confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.

Respondents are hereby notified that the Owner strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General regarding the disclosure of RFP information.

6.14 Freedom of Access and Use of Facilities

Construction Manager’s employees shall have reasonable and free access to use only those facilities of the Owner that are necessary to perform services under a resulting Contract and shall have no right of access to any other facilities of the Owner.

6.15 Observance of University Rules and Regulations

Construction Manager agrees that at all times its employees will observe and comply with all regulations of the facilities, including but not limited to, no smoking, parking and security regulations.

6.16 Section Headings

All section headings are for convenience of reference only and are not intended to define or limit the scope of any provisions of this RFP.

6.17 Governing Law

A. This RFP, and any resulting Contract, agreement or purchase order shall be construed and governed by the laws of the State of Texas.

B. The parties understand and agree that any purchase order/contract may be subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the administrative regulations and/or guidance which have been issued or may in the future be issued pursuant to HIPAA, including, but not limited to, the Department of Health and Human Services regulations on privacy and security, and Texas state laws pertaining to medical privacy (collectively, “Privacy Laws”). Vendor agrees to comply with all Privacy Laws that are applicable to this purchase order/contract and to negotiate in good faith to execute any amendment to this purchase order/contract that is required for the terms of this purchase order/contract to comply with applicable Privacy Laws. In the event the parties are unable to agree on the terms of an amendment pursuant to this paragraph within thirty (30) days of the date the amendment request is delivered by one party to the other, this order may be terminated by either party upon written notice to the other party.

C. Important Notice - Any purchase order may be funded wholly or partially with federal funds subject to the American Recovery and Reinvestment Act of 2009 (ARRA). The vendor shall comply with all applicable provisions of ARRA, which may include, but are not limited to, the provision of Division A, Titles XV and XVI (e.g., audit provisions, whistleblower protection, and preferences for American products).

D. Federal Funds - All procurements of supplies, equipment, and services utilizing Federal Funds (e.g.

Federal Grant or Contract) shall be made in accordance with all applicable federal rules and regulations: Federal Acquisition Regulations (FAR), Federal Office of Management and Budget (OMB) Educational Institutions, even if part of a State or local government follow: OMB A-21 for cost principles, A-110 for administrative requirements, and A-133 for audit requirements. All procurement requirements contained in the above referenced circulars are incorporated herein by reference. By signing this solicitation document, vendor certifies that vendor is in compliance with OMB A-110 and that vendor is not on the Debarred Bidders List.

6.18 Owner’s Special Conditions

The Owner requires full compliance with Division 00 and Division 01 Specifications, Contract and General Requirements. The documents shall be a part of this RFP and the Contract.

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

6.19 Prevailing Wage Schedule, University of North Texas System

Prevailing wage schedule shall in accordance with Texas Government Code, Chapter 2258. The hourly wage rate for work over forty (40) hours a week and work on legal holidays shall be not less than one and one-half (1.5) times the hourly rates.

Respondents shall base their proposals on rates they expect to pay. The Owner will not consider claims for extra payment to the Construction Manager because of payment of wages higher than required by Texas Government Code, Chapter 2258.

6.20 Pursuant to Section 231.006 of the Family Code, response must include names and social security numbers of each person with at least twenty-five percent (25%) ownership of the business entity submitting the response. Vendors that have pre-registered this information on the Texas Comptroller of Public Accounts Centralized Master Bidders List (CMBL) have satisfied this requirement. If not pre-registered, list the name and social security numbers for each person. Otherwise, this information must be provided prior to contract award.

6.21 Note to Respondents: Any terms and conditions attached to any response will not be considered unless specifically referred to on the Solicitation and may result in disqualification of the response.

A. Dispute Resolution: Chapter 2260 of the Texas Government Code establishes a dispute resolution process for contracts involving goods, services, and certain types of projects. If Chapter 2260 applies to this Solicitation, then the statutory dispute resolution process must be used by the vendor to attempt to resolve all of its disputes arising under this Solicitation.

B. Excess Obligations Prohibited: The Texas Constitution (Article XVI, Section 10) prohibits obligators beyond the current appropriations, which the Owner applies annually. Any purchase order may be canceled at any time without penalty if legislative and/or the Owner’s funds are not appropriated for goods or services obligated on any purchase order beyond the current fiscal year (September 1 through August 31 of any given year.)

C. Cancellation: Items or orders may be canceled without the consent of the vendor due to failure to fulfill their contractual obligations. If cancellation is requested by the Owner for some other reason through no fault of the vendor, the vendor will be contacted. The Owner reserves the right to cancel this contract upon thirty (30) days written notice to the Construction Manager. The Construction Manager must request and secure in writing the approval of the Procurement Department to be released from this contract or any portion thereof should condition unforeseeable occur.

D. Miscellaneous: The laws of the State of Texas shall prevail, including the Public Information Act.

Any Order is not confidential. All transactions associated with this Solicitation may be subject to audit.

Vendor, by accepting and responding to this Solicitation agrees to allow access to all records regarding this transaction upon written request by UNTS Internal Auditors and/or UNTS Business Support Services Procurement Office.

7. AWARD PROCESS

7.1 Commitment

Respondent understands and agrees that this RFP is issued predicated on anticipated requirements for the new and/or renovated facilities for the Dallas Campus, and that the Owner has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost borne by the Respondent, which arises from Respondent’s performance hereunder, shall be at the sole risk and responsibility of Respondent.

7.2 Respondent’s Acceptance of Evaluation Methodology

Submission of proposals indicates Respondent’s acceptance of the evaluation technique and Respondent’s recognition that some subjective judgments must be made by the Owner during the determination of ranking order for the short-listed firms and award.

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RFP769-24-23-01-2307CS INSTRUCTIONS TO PROPOSERS

7.3 Contract

A. Proposals will be opened publicly to identify the names, proposed fees and pricing of the Respondents who submitted proposals. Other contents of the proposals will be afforded security sufficient to preclude disclosure of the contents of the proposal prior to award. Within forty-five (45) days after the date of opening the proposals, the Owner will evaluate each proposal with respect to the selection criteria contained herein. The Owner shall select the Respondent that submits the proposal that offers the best value for the institution based on the selection criteria set forth in Division 00, Section 002400, Scope for Proposal and on the evaluation. The Owner shall first attempt to negotiate a contract with the selected Respondent. If the Owner is unable to negotiate a satisfactory contract with the selected Respondent, the Owner shall formally, and in writing, end negotiations with the Respondent and proceed to negotiate with the next Respondent in the order of the selection until a contract is reached or negotiations with all Respondents end. The Owner may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. The Owner reserves the right to reject any and all proposals, if deemed to be in the best interests of the Owner, and to re-solicit for proposals, and to temporarily or permanently abandon the procurement.

B. A response to this Solicitation is an offer to contract based upon the terms, conditions and specifications contained herein. Responses do not become contracts until a UNTS Agreement is issued and accepted. The contract shall be governed, construed, and interpreted under the laws of the State of Texas as the same may be amended from time to time. The Education Code 51.9335 shall be considered in making an award when specified. Venue for any suit filed against UNTS shall be subject to the mandatory venue statute set forth in §105.151 of the Texas Education Code.

i. An award is made to the Respondent submitting the best value response conforming to this specification.

ii. DEBTS TO THE STATE: Any party indebted to the State of Texas or any party who is more than thirty (30) days delinquent for Child Support is not entitled to payment on this purchase order or any accompanying contract.

iii. If a “best offer” vendor shows not to be in “good standing,” this agency may reject the response and award to the next best response.

iv. The Owner reserves the right to award the entire contract to a single Respondent or to award different components to different Respondents, whichever the Owner, at its sole discretion, determines to be in its overall best interest, as solely determined by the responsible parties of the Owner.

C. Respondent understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Respondent further agrees to cooperate fully with the State Auditor’s Office or its successor in the conduct of the audit or investigation, including providing all records requested. Respondent will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through bidder and the requirement to cooperate is included in any subcontract it awards.

D. Respondent understands and agrees in accordance with Texas Government Code §2252.908, prior to executing any contract, the selected firm must submit a Form 1295, Certification of Interested Parties, to the Owner along with the signed agreement. The form is available on the Texas Ethics Commission website at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Completion of the form is not required with your response.

7.4 Response Results: It is not the policy of the Owner to furnish results over the telephone. Bid tabulations may be requested by contacting carrie.stoeckert@untsystem.edu . While UNTS understands the value of conducting debrief meetings with firms not selected, UNTS does not have the resources to accommodate in person meetings. Request for feedback can be emailed to the contact listed in 6.2 above.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm mailto:carrie.stoeckert@untsystem.edu

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7.5 Historically Underutilized Businesses (HUB)

A. If Owner elects to award the future Construction Phase Services to the Construction Manager, the Guaranteed Maximum Price (GMP) for the proposed contract resulting from the extension of this Contract is expected to exceed $100,000.00. A Good Faith Effort Program in the form of a HUB Subcontracting Plan (HSP) is a mandatory condition precedent to the award of any such extension of the contract. The HUB Subcontracting Plan will become Exhibit A of the Construction Manager-at- Risk Agreement and need not be submitted until such time as the GMP is submitted for review and acceptance by Owner. Refer to Division 00, Section 006000, Project Forms herein for HSP Forms.

B. Centralized Master Bidders List (CBML): The Owner utilizes the Texas Comptroller of Public

Accounts CMBL for HUB. The CMBL is located at: http://www.window.state.tx.us/procurement/.

C. Questions regarding completing the HSP should be directed to Rosa Violante, Assistant HUB Coordinator & Outreach Specialist or Sony Simon, Assistant HUB Coordinator & Outreach Specialist at hub@untsystem.edu . Additional information can also be found at the Texas Comptroller for the Public Accounts website at:

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/.

FAILURE TO MEET HUB REQUIREMENTS MAY RESULT IN THE TERMINATION OF THE

CONTRACT.

END OF SECTION

http://www.window.state.tx.us/procurement/ mailto:hub@untsystem.edu http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

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RFP769-24-23-01-2307CS SCOPE FOR PROPOSAL

DOCUMENT 002400

SCOPE FOR PROPOSAL

The University of North Texas System (UNTS), subsequently referred to as the Owner, requests proposals from qualified and experienced general contractors for the construction of a new Residence Hall on the UNT Denton campus located in Denton, Texas.

Project Description

Consistent with the institution’s strategic plan and campus master plan, this project will be to construct new facility/facilities on the main UNT campus. It is anticipated that the construction will be in multiple phases with the initial phase constructing approximately 600 beds with a possible second phase of approximately 400 beds. Scope of

Services will include pre-construction and CMAR services. Substantial completion anticipated to be March 2026.

Delivery

Time is of the essence in the performance of the Construction Manager’s duties. The Owner shall have no obligation to accept late performance or to waive timely performance by Construction Manager.

Miscellaneous Provisions

Construction Manager shall maintain a staff of properly trained and experienced personnel to ensure satisfactory performance under this Contract. No changes to the proposed team or the responsibilities of team members may be made without written consent of the Owner. Construction Manager shall assign to the Owner a designated representative who will be responsible for the coordination and administration of the Owner’s requirements.

The Owner shall contract for and provide independently of the construction manager, including but not limited to, the survey inspection services, the testing of construction materials engineering, and verification testing services necessary for acceptance of the facility by the Owner, third party code review, commissioning and TAB services.

Construction Manager shall prepare and update a Construction budget during the schematic design phase, design development phase, and at the sixty percent (60%) construction documents phase, for written approval by the Owner;

such budget to include estimating, updating and reporting of all construction costs.

At sixty percent (60%) completion of the Construction Drawing phase, Construction Manager shall prepare and submit to the Owner in writing a GMP proposal in the format in attached Exhibit A or similar form as required by Owner and at

Owner’s sole option and discretion. The GMP proposal shall require a breakdown of estimated costs organized by trade, allowances, contingencies, Construction Manager’s Construction Phase Fee, General Conditions and other approved items, but shall not include compensation for Pre-construction Services. If accepted by Owner, the parties shall execute a GMP Amendment and the fully executed Amendment shall become a part of the Contract documents.

HUB Sub-Contracting Goal

The Owner has set a HUB Sub-Contracting goal for this project at 30%. In order to achieve or exceed this goal, Construction Managers will need to have plans for engaging the HUB community and providing opportunities.

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Liquidated Damages

As allowed for in the UNTS Uniform General Conditions 2022, Liquidated Damages shall be established that more accurately reflect the estimated actual amount of damages the Owner will sustain for late completion.