ESBD_File_348014_RFQ for CMR - UBHC posting copy.pdf

UVALDE BH CAMPUS

CMR-RFQ No. 24-001-A

HILL COUNTRY MENTAL HEALTH AND

DEVELOPMENTAL DISABILITIES CENTERS

819 Water Street, Suite #300

Kerrville, Texas 78028

Phone: (830) 792-3300 Fax: (830) 792-5771

Website: www.hillcountry.org

REQUEST FOR QUALIFICATIONS NO. 24-001-A

(“RFQ No. 24-001-A”) for a

CONSTRUCTION MANAGER-AT-RISK

for the

UVALDE BEHAVIORAL HEALTH CAMPUS

Date: January 19, 2024

Response Deadline: 4 P.M. on THURSDAY, FEBRUARY 1, 2024

Prepared By:

Rosalie Reast, Contract Specialist

Hill Country Mental Health &

Developmental Disabilities Centers

819 Water St. #300

Kerrville, Texas 78028

E-mail: rosalie8308@hillcountry.org http://www.hillcountry.org/ mailto:rosalie8308@hillcountry.org

INVITATION for REQUEST FOR QUALIFICATIONS

CONSTRUCTION MANAGER-AT-RISK

The HILL COUNTRY COMMUNITY MENTAL HEALTH AND DEVELOPMENTAL

DISABILITIES CENTERS (“HCMHDD”) is seeking RESPONSES from firms experienced in providing

CONSTRUCTION MANAGER-AT-RISK Services to assist HCMHDD in the construction of the two (2)

PROJECTS, referenced below and collectively known as the “PROJECT.”

PROJECT NO. 1 – UVALDE OBSERVATION & CRISIS RESIDENTIAL FACILITY

A new extended OBSERVATION AND CRISIS RESIDENTIAL FACILITY of approximately

38,000 square feet located in Uvalde County, Texas. The buildings will consist of separate Adult and Juvenile wings.

a. The Adult Wing will consist of a nurses’ station, six (6) extended observation units, ten

(10) crisis residential units, and a common area.

b. The Juvenile Wing will consist of a nurses’ station, four (4) extended observation units, twelve (12) crisis residential units, and a separate common area.

c. The Facility will have office spaces, conference rooms, a full-service kitchen, multipurpose rooms, a public lobby, and separate venues of entry for law enforcement.

PROJECT NO. 2 – UVALDE CLINIC AND SERVICE COORDINATION OFFICES

A new CLINIC AND SERVICE COORDINATION OFFICES of approximately 16,000 square feet that will consist of office spaces, storage areas to accommodate the mental health clinical office spaces, service coordination offices, meeting spaces, administrative office spaces, maintenance office spaces, conference rooms, telehealth rooms, pharmacy, flex spaces, public lobby, and other spaces as may be required.

These CLINIC AND SERVICE COORDINATION OFFICES will be located on the same property lot as PROJECT NO. 1 – UVALDE OBSERVATION & CRISIS RESIDENTIAL FACILITY, being the 38,000 square foot facility, referenced above. It is anticipated that the design will allow for future additions.

The OWNER will post this RFQ, RESPONSES TO QUESTIONS, AMENDMENTS, or

ADDENDA on the Texas State website: https://www.txsmartbuy.com/esbd.

https://www.txsmartbuy.com/esbd

RESPONDENTS interested in submitting a RESPONSE TO THIS RFQ, must send their list of

QUESTIONS to the OWNER by emailing their QUESTIONS to: purchasing@hillcountry.org. THE

DEADLINE FOR SUBMITTING RESPONDENT’S QUESTIONS IS 4:00 PM ON FEBRUARY 1,

2024.

IT IS THE FIRM’S RESPONSIBILITY TO MONITOR THE TEXAS STATE WEBSITE

REFERENCED ABOVE TO OBTAIN THE RESPONSES TO QUESTIONS AND FOR ANY

AMENDMENTS OR ADDENDA ISSUED FOR THIS RFQ.

RESPONDENTS should pay particular attention to all INSTRUCTIONS, REQUIREMENTS, ATTACHMENTS and DEADLINES indicated in this RFQ and should govern themselves accordingly.

In accepting RESPONSES, HCMHDD reserves the right to reject all RESPONSES, the right to waive formalities and reasonable irregularities in submitted documents, and the right to waive any requirements and to act as it deems appropriate and to be in the best interest of HCMHDD. The award will be made based on the best value to HCMHDD.

The RESPONSES to this RFQ should not include any costs or expenses incurred by

RESPONDENTS in the preparation and submission of their RESPONSES TO RFQ NO. 24-001-A.

Furthermore, this RFQ does not obligate HCMHDD to accept or contract for any expressed or implied services.

The written requirements contained in this RFQ shall not be changed or superseded except by a written Amendment or Addendum from HCMHDD’s Contracts Department. FAILURE TO COMPLY

WITH THE WRITTEN REQUIREMENTS FOR THIS RFQ MAY RESULT IN

DISQUALIFICATION OF THE RESPONSES BY HCMHDD.

Sincerely, 819 Water St. #300

Kerrville, Texas 78028

Phone: 830-792-7501

Email: rosalie8308@hillcountry.org and jenniferhess@hillcountry.org

Tod Citron, CEO (wp/rr) TOD CITRON, Chief Executive Officer

TC/rr

ATTACHMENTS:

o REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION MANAGER-AT-RISK o AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES mailto:purchasing@hillcountry.org mailto:jenniferhess@hillcountry.org

HILL COUNTRY MHDD CENTERS

REQUEST FOR QUALIFICATIONS NO. 24-001-A

CONSTRUCTION MANAGER-AT-RISK

(One Project for two (2) Buildings: A two (2) step process.)

ARTICLE I.

PROJECT DESCRIPTION

HILL COUNTRY COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION

CENTER d/b/a HILL COUNTRY MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

CENTERS (“HCMHDDC” or “OWNER”) is a unit of local government under the Texas Health and

Safety Code, Chapter 534.

OWNER is seeking a CONSTRUCTION MANAGER-AT-RISK ("CMR") to assist in the construction of the two (2) buildings referenced below as Project No. 1 and Project No. 2. Both Projects are hereinafter, collectively referred to as the “PROJECT.” The PROJECT is in the city of Uvalde, Uvalde

County, Texas and will consist of the Projects referenced below.

PROJECT NO. 1 – UVALDE OBSERVATION &CRISIS RESIDENTIAL FACILITY:

A new extended OBSERVATION AND CRISIS RESIDENTIAL FACILITY (“FACILITY”) of approximately 38,000 square feet located in Uvalde County, Texas. This Facility will consist of office spaces, conference rooms, multipurpose rooms, a full-service kitchen, a public lobby, and separate venues of entry for law enforcement and a separate Adult Wing and a separate Juvenile Wing.

a. The Adult Wing will consist of a nurses’ station, six (6) extended observation units, ten

(10) crisis residential units, and a common area.

b. The Juvenile Wing will consist of a nurses’ station, four (4) extended observation units, twelve (12) crisis residential units, and a separate common area.

PROJECT NO. 2 – UVALDE CLINIC AND SERVICE COORDINATION OFFICES:

A new CLINIC AND SERVICE COORDINATION OFFICES (“CLINIC”) of approximately 16,000 square feet that will consist of office spaces, storage areas to accommodate the mental health clinical office spaces, service coordination offices, meeting spaces, administrative office spaces, maintenance office spaces, conference rooms, telehealth rooms, pharmacy, flex spaces, public lobby, and other spaces as may be required. This CLINIC will be located on the same property lot as the FACILITY, being the 38,000 square foot building referenced above. It is anticipated that the design will allow for future additions.

ARTICLE II

RESPONSES AND SUBMISSION DEADLINE

1. RESPONSES TO THIS REQUEST FOR QUALIFICATIONS ARE DUE ON OR

BEFORE:

4:00 PM on THURSDAY - FEBRUARY 1, 2024.

2. RESPONSES SHOULD BE EMAILED IN A .PDF TO FTP FORMAT TO:

HILL COUNTRY MHDD CENTERS

Attn: ROSALIE REAST, CONTRACT MANAGER

Phone: 830-792-7501

Email: purchasing@hillcountry.org

3. RESPONSES will be publicly opened by OWNER via Microsoft Teams meeting at:

4:00 PM on THURSDAY - JANUARY 26, 2024.

4. RESPONDENTS will receive a link by email with an invitation and instructions to join the

Microsoft Teams meeting for the PUBLIC BID OPENING. OWNER reserves the right to read the individual names of persons and names of firms submitting RESPONSES out loud.

5. All RESPONSES should be formatted in a .pdf by ftp form and must be original signatures signed in BLUE INK by RESPONDENT’S authorized representative. The RESPONSES should contain the POC’s complete contact information.

6. RESPONSES received after this deadline may NOT be considered. RESPONSES submitted by hand, delivery services, or facsimile will NOT be accepted.

7. OWNER reserves the right to extend the deadline for submission, or to terminate the selection process at any time.

ARTICLE III

CMR SERVICES

1. The OWNER has retained an OWNER’S CONSULTANT (“OC”) to serve as its agent/representative. The OC shall assist in the selection of a CMR using the Two-Step Process pursuant to Chapter 2269 of the Texas Government Code.

2. CMR SERVICES are to include the transference of CMR as-built drawings, and specification book to digital CAD files and to a .pdf or ftp format for delivery to the OWNER.

3. The OWNER may select one (1) CMR for the PROJECT and/or multiple CMRS at its sole discretion.

4. The current construction budget for this PROJECT is TWENTY-SIX MILLION, FOUR

HUNDRED THOUSAND DOLLARS AND NO/CENTS ($26,400,000.00.)

ARTICLE IV.

SCOPE OF SERVICES

The selected CMR will perform PRE-CONSTRUCTION SERVICES to include, but shall not be limited to:

1. Critical Path Schedules,

2. Plan reviews for coordination and constructability,

3. Subcontractor Solicitations,

4. Value Engineering,

5. PROJECT estimates at the:

a. Schematic Design Phase,

b. Design Development Phase,

c. CD Stage if determined necessary

d. PROJECT Bidding Phase to develop a Guaranteed Maximum Price.

6. The CMR will work cooperatively with the OWNER, OC, and/or the ARCHITECT to:

a. Timely detect design problems that could affect cost or constructability,

b. Propose effective solutions,

c. Provide reasonably accurate and updated construction cost estimates throughout the Pre-Construction Phase,

d. Closely monitor the cost estimates to ensure, to the greatest extent practicable, that the cost to construct the PROJECT as designed will not exceed the established construction budget.

7. The CMR will perform CONSTRUCTION PHASE SERVICES in a good and workmanlike manner, in accordance with the design documents and in compliance with all applicable laws.

8. The CMR and its subcontractors will be required to pay the Prevailing Wage Rate based on the most recent Davis-Bacon Wage Rates applicable to Uvalde County, Texas.

9. 100% PAYMENT AND PERFORMANCE BONDS will be required at the time of the establishment and acceptance of the Guaranteed Maximum Price.

10. THE CMR WILL BE REQUIRED TO TIMELY PROVIDE ALL ESTIMATES IN

SUFFICIENT DETAIL AND THE BREAKDOWN BETWEEN LABOR, MATERIALS,

EQUIPMENT SUBCONTRACTS REFLECTING THE QUANTITIES, UNIT PRICING,

EXTENDED TOTALS, ETC., IN ORDER TO ALLOW THE OWNER, OC AND/OR

ARCHITECT TO THOROUGHLY UNDERSTAND AND REVIEW THE ESTIMATE.

11. The CMR will be required to meet with the OWNER, OC, and/or the ARCHITECT upon conclusion of each Design Stage estimate to discuss the same and resolve any related matters.

ARTICLE V

PROJECT ARCHITECT

The OWNER has selected E4H ARCHITECTS, LLC, (“ARCHITECT”) to perform architectural

ARTICLE VI

PROJECT SCHEDULE

SIGNIFICANT PROJECT MILESTONES are anticipated as described below. The following

PROJECT SCHEDULE represents the OWNER’S best estimate of the timing of the PROJECT EVENTS

AND SERVICES.

SIGNIFICANT PROJECT MILESTONES

EVENT

ANTICIPATED DATE

1. Request for Qualifications Announced

January 19, 2024

2. Deadline for RESPONDENT’S RFQ Questions

February 1, 2024

3. Deadline for all RESPONSES to RFQ

February 16, 2024

4. Review by the Selection Committee & Short List

February 20, 2024

5. Deadline for RESPONDENT’S Fee RESPONSES

& Review of RESPONSES

February 27, 2024

6. RESPONDENTS’ Interviews

February 29, 2024

FOLLOWING THE SIGNING OF THE CONTRACT

1. Schematic Design

Has been completed.

2. Schematic Estimate & Review

2 weeks

3. OWNER, CMR, ARCHITECT Design Review

1 day

5. Design Development

8 weeks

6. Design Development Estimate / Quality Review

2 weeks

7. OWNER, CMR, ARCHITECT Design Review

8. CMR Bid Packages to ARCHITECT/ENGINEER

End of DD estimate.

9. Construction Document

10 weeks

10. CD Design Quality Review

1 week

11. OWNER, CMR, ARCHITECT Design Review

12. CMR Guaranteed Maximum Price

(“Gmax”) Proposal

3 weeks

14. Permitting Phase

6 weeks

15. Construction Phase begins

After permits are acquired.

16. Length of Construction Phase

13 months

NOTE: THE TIMELINE ILLUSTRATED ABOVE IS AN ESTIMATE AND IS SUBJECT

TO CHANGE AT THE OWNER’S SOLE DISCRETION.

ARTICLE VII

THE SELECTION PROCESS

1. This RFQ is the First Step in a Two-Step Selection Process. RESPONDENTS who submit their

RESPONSE TO THIS RFQ will be ranked by the OWNER based on the scores which they receive on the selection criteria set out above.

2. The OWNER will select five (5) or less RESPONDENTS who will proceed to the Second Step of the Selection Process.

3. In the Second Step, the selected RESPONDENTS will receive a REQUEST FOR PROPOSAL

("RFP") on their Pre-Construction and Construction Phase fees, the cost of general conditions and any other information required under the RFP.

4. The OWNER reserves the right to conduct RESPONDENT interviews. If Interviews are conducted, RESPONSES will be ranked and scored.

5. After the OWNER has ranked the RESPONDENTS, the OWNER will, at its option with or without an Interview, select the RESPONDENTS who in their judgment provide the “BEST VALUE” to the OWNER for one (1) or more of these PROJECTS.

ARTICLE VIII

THE SELECTION CRITERIA

1. RESPONSES to this RFQ will be ranked based on the scores RESPONDENTS receive based on the following Selection Criteria as further outlined.

SELECTION CRITERIA MAXIMUM POINTS

1. Required documents and information

8 points

2. RESPONDENT’S demonstrated qualifications & successful experience on previous projects of the same or similar size and type.

31 points

3. RESPONDENT’S:

o demonstrated qualifications & recent successful experience, o key personnel on previous CMAR projects, whether the same as those referenced within or not, o completion of previous projects/work in a good and workmanlike manner.

33 points

4. RESPONDENT’S Financial Stability

11 points

5. RESPONDENT’S Quality Control & Safety Record

7 points

6. RESPONDENT’S home office proximity to PROJECT site

10 points

7. Fees & General Conditions

25 points

8. RESPONDENT is certified as a Historically Underutilized

Business (“HUB”)

5 points

TOTAL POINTS

130 POINTS

2. If the OWNER elects to conduct interviews, points may be added or deducted, based on the

RESPONDENT’S interview and references, as described below. If the OWNER elects to interview, the following additional scoring will be added to the above for final totals.

3. INTERVIEWS, if requested, will be scored by the OWNER’S Selection Committee.

RESPONDENT’S may be assigned a score of:

Neutral

“0” or Positive

Each RESPONDENT selected to interview receives-

“1” point

4. REFERENCES may be assigned a score of:

Neutral

“0” or Positive

Positive

“1” point.

Negative

“-1” overall

ARTICLE IX

WAIVER OF INFORMALITIES

The OWNER reserves the right to:

1. Reschedule or cancel this RFQ, at any time prior to the Submission Deadline.

2. Waive informalities and irregularities in the RESPONSES or submissions.

3. Reject any or all RESPONSES to this RFQ, and

4. Consider RESPONSES that are not in compliance with this RFQ, unacceptable, if it elects to do so. If the RESPONSE is considered unacceptable, the OWNER shall have no further obligation to RESPONDENT for their decision.

ARTICLE X

ACCEPTANCE OF EVALUATION METHODOLOGY

1. RESPONDENTS acknowledge that by submitting their RESPONSE TO THIS RFQ, they understand and accept the OWNER’S evaluation process.

2. RESPONDENTS acknowledge and accept that the RESPONDENT that offers the "best value" for the PROJECT will require subjective judgments by the OWNER and its representatives.

3. BY SUBMITTING A RESPONSE TO THIS RFQ, RESPONDENT AGREES THAT IT WAIVES

ANY AND ALL CLAIMS IT HAS OR MAY HAVE AGAINST THE OWNER, IT’S BOARD

OF TRUSTEES, OFFICERS, AGENTS, REPRESENTATIVES AND/OR EMPLOYEES, IN

CONNECTION WITH OR ARISING OUT OF THIS RFQ, INCLUDING:

a. THE ADMINISTRATION OF THE RFQ

b. THE BASIS FOR SELECTION.

c. THE EVALUATION PROCESS OF THE RESPONSES.

d. THE METHOD USED FOR SELECTION, AND

e. ANY DISCLOSURE OF INFORMATION REGARDING THE RESPONSES OR

EVALUATIONS.

ARTICLE XI

QUESTIONS REGARDING THIS RFQ

1. The OWNER’S CONSULTANT is the POINT OF CONTACT for questions regarding this RFQ.

2. Questions should be in writing, organized and numbered, detailed, and addressed to the

OWNER’S CONSULTANT at the following email: gary@gmcclure.com with the SUBJECT

LINE clearly labeled: “QUESTIONS ON THE UVALDE BEHAVIORAL HEALTH RFQ.”

mailto:gary@gmcclure.com

3. The OWNER’S CONSULTANT will endeavor to answer relevant questions and may respond by way of an Amendment or Addendum to this RFQ.

ARTICLE XII

NO CONTACT OF BOARD OF TRUSTEES OR OFFICERS

RESPONDENTS are prohibited from contacting the OWNER’S Board of Trustees, officers, staff, agents, or representatives, or allowing or authorizing others to do so, to ask questions, present information on this RFQ or PROJECT, or to influence the selection of the CMR. FAILURE TO COMPLY MAY BE

GROUNDS FOR DISQUALIFICATION.

ARTICLE XIII

PUBLIC INFORMATION

1. The OWNER is a public institution and subject to the TEXAS PUBLIC INFORMATION ACT.

Any information submitted to the OWNER is presumed to be public information and available to the public.

2. Any information or materials submitted to the OWNER, including financial information that the

RESPONDENT considers to be confidential must have each page containing confidential information clearly marked "CONFIDENTIAL" with a minimum font size of 16, in RED

INK.

3. If a request is made for copies of CONFIDENTIAL INFORMATION from the OWNER, OWNER will advise the RESPONDENT of the request. If requested by the RESPONDENT, the OWNER will request an Opinion Letter from the TEXAS ATTORNEY GENERAL'S OFFICE, as to whether the information requested is subject to disclosure under the TEXAS PUBLIC INFORMATION

ACT. The RESPONDENT shall be responsible for timely providing information to substantiate its claim that the information is not subject to disclosure.

ARTICLE XIV

NO REIMBURSEMENT FOR COSTS

RESPONDENT acknowledges and accepts that any expenses or costs incurred by their participation in this RFQ are at the sole risk and responsibility of the RESPONDENT.

ARTICLE XV

THE CONTRACT FORM

Please see ARTICLE XVI below.

ARTICLE XVI

SUBMITTAL REQUIREMENTS

A. SECTION I - COVER SHEET, COVER LETTER, & BACKGROUND INFORMATION

1. All RESPONSES AND STATEMENTS OF QUALIFICATIONS (“RESPONSES”) must be emailed to: purchasing@hillcountry.org, in a timely manner.

2. Within the RESPONSE, RESPONDENT must provide a COVER SHEET showing the

RFQ Name and Number, RESPONDENT’S legal name, principal physical business address and their principal mailing address, if it is not the same as the physical address. It must state the RESPONDENT’S phone number, fax number, website, and Point of

Contact’s name and e-mail address. The COVER SHEET must also include the name and title of the Signatory representing RESPONDENT’S firm.

3. In addition, the RESPONDENT must provide a COVER LETTER stating that the

RESPONSE AND THE STATEMENT OF QUALIFICATIONS, including all attachments, are being submitted to the OWNER, in accordance with this RFQ. The

COVER LETTER must state that RESPONDENT requests consideration of their firm to provide CONSTRUCTION MANAGER-AT-RISK SERVICES for the PROJECT referenced within.

4. The COVER LETTER must be dated and signed by the authorized signatory. The

COVER LETTER must clearly state that the RESPONDENT will enter a Contract with the OWNER, if they are selected.

5. RESPONDENTS must provide the address of the office which will be handling the

PROJECT.

6. RESPONDENTS must provide a brief history of their firm and their previous work.

7. RESPONDENTS must provide a statement as to whether the firm has worked for the

OWNER in the past and on which PROJECT.

8. RESPONDENTS must provide a clear and detailed statement as to whether

RESPONDENT has worked in Medina County in the past. RESPONDENT must provide the PROJECT name, the ARCHITECT’S name and contact information, and the Project

OWNER’S name and contact information.

9. RESPONDENTS must provide a clear and detailed Organizational Chart of their staff, stating individual’s names and titles, number of years in the business, and names of the positions in which they will be associated with this PROJECT.

B. SECTION II - PROJECT EXPERIENCE

1. Identification of Key Personnel

a. Identify key PROJECT personnel, including the Superintendent and Project

Manager, at a minimum, along with their name, title, and work history. The

RESPONSE must include the resumes of all key PROJECT personnel.

b. Must provide detailed information and defined roles of key personnel proposed for this PROJECT and whether they will be “onsite” full time.

c. Provide the OWNER with a COMMITMENT STATEMENT that the firm intends to utilize the submitted key personnel to work on this PROJECT.

d. Describe specific project experience of key personnel working on this PROJECT, and/or a previous project of similar scope or complexity.

e. RESPONDENTS must detail all similarities to this PROJECT, by type, square footage, and $ value, both at the time the previous project was built and in inflation adjusted dollars.

f. RESPONDENT must note whether the Superintendent and Project Manager have previously worked together as a team on other CMR projects. The Project information must be detailed and must state which Project they jointly worked on.

C. SECTION III - FIRM EXPERIENCE ON SIMILAR PROJECTS

1. RESPONDENT must provide a brief description of not more than three (3) PROJECTS of similar size (SF and $), scope, or complexity, that have been successfully completed by

RESPONDENT, within the last five (5) years or currently, that is at least 75% completed.

pictures are welcomed as attachments, if possible.

2. The RESPONDENT must provide the following information on the previous projects described and referenced above.

3. Project name, noted as public or private, location and date of the PROJECT.

4. Approximate size of the Project in square feet, number of buildings, if more than one, and number of stories in each building.

a. Approximate beginning and final construction cost of the Project and value of any funds returned to OWNER upon completion; if any. Provide the final construction cost in inflation adjusted dollars.

b. RESPONDENT'S role in the previous project (GC, CSP, CMR).

c. Description of the aspects of the previous projects that are like this PROJECT.

d. Provide a list of your personnel that had a role in your previous Project. detailing what their role consisted of.

e. Provide a list of your personnel that will work on this PROJECT, detailing what their role will be.

5. Provide Client References for each of your previous Projects listed and include the following information:

a. The OWNER of the Project at the time of construction, including their name and current contact information for that individual.

b. The Reference listed must have direct knowledge of RESPONDENT'S work on the PROJECT and must be able to speak about the PROJECT’S budget, schedule, completion, quality of workmanship and your handling of Post-Construction problems as well as your personnel.

6. Provide any other information that will demonstrate RESPONDENT’ qualifications based on the Selection Criteria listed in this RFQ.

SECTION IV - QUALITY CONTROL AND SAFETY RECORD

1. If the firm has a written Quality Control Plan, RESPONDENT must provide a copy of the Quality

Control Plan.

2. If the firm does not have a written Quality Control Plan, briefly describe the quality control measures used by RESPONDENT in performing the work for a Project from the Schematic Design

Phase through the Project Completion.

3. Briefly describe the firm’s approach for anticipating, recognizing, and controlling Safety Risks and provide the safety resources that the firm provides for each Project’s Safety Program. If the firm has a written Safety Management Plan, please provide a copy of the Plan.

4. Provide in detail, the firm's Experience Modification Rate (“EMR”) for the three (3) most recent annual insurance-year ratings.

5. Provide in detail, the firm's annual OSHA Recordable Incident Rates (“RIR”) for all work performed during the past three (3) calendar years.

6. Provide in detail, the firm's annual OSHA Lost Workday Case Incident Rates (“LWCIR”) for all work performed during the past three (3) calendar years.

SECTION V - FINANCIAL STABILITY

1. Provide the following:

a. The firm’s most current audited Financial Statements, and the previous year’s

Financial Statements that are one (1) year older than the most current audited Financial

Statements for RESPONDENT including Balance Sheets and Income Statements.

b. If audited, Financial Statements are older than twelve (12) months, provide one (1) bank reference for RESPONDENT, including the name and address of the Bank, the name and title of the bank officer for each bank, phone, and email address contact information along with in-house Financials reflecting accurate Balance Sheets and Income Statements for the immediate past two (2) years.

c. Provide a letter from RESPONDENTS’ Surety stating that the Surety will provide

RESPONDENTS with 100% PAYMENT AND PERFORMANCE BONDS for the

PROJECT for the entire time of the Guaranteed Maximum Price Amendment.

d. Provide a copy of RESPONDENT’S Certificate of Insurance in an Accord form evidencing your current insurance coverage.

e. If the firm carries Errors and Omissions Insurance, provide the following information on firm’s Errors and Omissions Coverage:

i. Is the coverage for the PROJECT specific or corporate?

ii. What is the total coverage available under the policy?

iii. Are there currently any claims settled or unsettled against the policy and what is the value of each claim?

iv. If there are no current claims filed, does RESPONDENT anticipate any claims to be filed.

v. Provide the name and contact information of RESPONDENTS’ insurance agent.

f. Provide the following information on the firm’s litigation history:

i. State any current or past litigation regarding work on a CMR Project, or for any

Project, whether public or private, that was completed in the past ten (10) calendar years.

ii. State the OWNER, ARCHITECT, Project Manager, Construction Manager, or

Subcontractor’s names, and roles in the litigation.

iii. State the parties involved, case name and number, the venue, date the case was filed, date the case was completed, whether RESPONDENT was or is the Plaintiff or Defendant, and the outcome of the case.

iv. Case descriptive information is not required at this time, however, a request for information may be requested by the OWNER at a later point in time.

g. For any current open litigation where RESPONDENT is the Defendant, state whether it is an insured claim.

SECTION VI - FEE STRUCTURE

If the RESPONDENT is short-listed, the fees will be requested and provided in Stage 2 of this

PROJECT.

ARTICLE XVII

FORMAT OF THE RESPONSES AND STATEMENTS OF QUALIFICATIONS

A. RESPONSES TO THIS REQUEST FOR QUALIFICATIONS shall be prepared SIMPLY AND

ECONOMICALLY, providing a straightforward, CONCISE description of the information requested in this RFQ. Emphasis shall be on the completeness, clarity of content, responsiveness to the requirements, and an understanding of the OWNER’S needs.

B. RESPONDENTS shall carefully read the information contained in this RFQ and submit a complete response to all requirements and questions as directed. RESPONSES TO REQUEST FOR

QUALIFICATIONS AND STATEMENTS OF QUALIFICATIONS that are incomplete may be considered non-responsive and are subject to rejection.

C. Page Size Binding, Dividers, Tabs, and Page Numbers

1. RESPONSES TO REQUEST FOR QUALIFICATIONS AND STATEMENTS OF

QUALIFICATIONS shall be printed on single-sided, white, letter-size (8-1/2" x 11") paper.

2. RESPONSES should be clearly marked and identified. RESPONSES must be organized and numbered in a consequential numbering system and all pages must be properly numbered. RESPONSES must be submitted in digital form by a .pdf by ftp format.

3. Do not provide information that is not responsive to the matters described in A-E in this

Section. RESPONSES provided for the A-E questions in this RFQ will be used by the

OWNER for evaluation.

4. All RESPONSES to this RFQ must contain a TABLE OF CONTENTS.

D. RESPONSES to this RFQ shall be a MAXIMUM OF FORTY (40) PAGES in length.

ARTICLE XVIII

CMR CONTRACT FORM

The CMR contract form is attached to this RFQ and is labeled “ATTACHMENT A” –

AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES. The OWNER reserves the right to modify and/or amend the CMR contract language at their sole discretion.

This REQUEST FOR QUALIFICATIONS NO. 24-001-A is executed as set forth below.

819 Water St. #300

Kerrville, Texas 78028

Phone: 830-792-7501

Email: rosalie8308@hillcountry.org and jenniferhess@hillcountry.org

Tod Citron, CEO (wp/rr) TOD CITRON, Chief Executive Officer mailto:jenniferhess@hillcountry.org

UVALDE BH

AGRMT FOR CONSTRUCTION MGMT SERVICES

819 Water Street, Suite #300

Kerrville, Texas 78028

Phone: (830) 792-3300 Fax: (830) 792-5771

Website: www.hillcountry.org

AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES

Between

HILL COUNTRY MENTAL HEALTH

& DEVELOPMENTAL DISABILITIES CENTERS

and

CONTRACTOR _______________________

relating to the

Prepared By:

Rosalie Reast, Contract Specialist

Hill Country Mental Health &

Developmental Disabilities Centers

819 Water St. #300

Kerrville, Texas 78028

E-mail: rosalie8308@hillcountry.org http://www.hillcountry.org/

AGREEMENT for CONSTRUCTION MANAGEMENT SERVICES

Between

HILL COUNTRY MENTAL HEALTH &

And

CONTRACTOR _____________________________

CONTRACT NO. C470-24-____________________

This AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES

(“AGREEMENT”) is entered into on the __________ day of JANUARY 2024, and is between

“OWNER”

HILL COUNTRY MENTAL HEALTH &

819 Water Street #300

Kerrville, TX 78028 and

“CONSTRUCTION MANAGER ”

Address

City, State, Zip with respect to the provisions by CONSTRUCTION MANAGER OF CONSTRUCTION MANAGEMENT

AT RISK SERVICES for the construction of the UVALDE BEHAVIORAL HEALTH CAMPUS (as further defined herein as the “PROJECT”).

The ARCHITECT for the PROJECT is E4H Architects, LLC (“ARCHITECT.”)

ARTICLE 1

DEFINITIONS

1.1 All terms and phrases defined herein or elsewhere in these Contract Documents shall have the meanings and definitions set forth therein. Terms which have well known technical, or construction industry meanings are used in accordance with such recognized meanings, unless otherwise defined herein or elsewhere in the Contract Documents or unless the context clearly indicates a different meaning.

1.2 References herein to the “SITE” shall mean the location of the PROJECT and any areas therein or adjacent thereto where the Work is to be performed and/or the CONSTRUCTION MANAGER is

1.3 permitted to store or stage the Work and/or any materials, equipment, or tools.

1.4 Unless specified otherwise herein, the following terms will have the meanings as set forth below:

DEFINITIONS

ADDENDA shall mean revised Drawings, Specifications or other documents issued by OWNER to supplement, clarify and/or provide further support to the previously issued Drawings and Specifications.

ADDITIONAL INSUREDS shall have the meaning set forth in Paragraph 16.3 of this AGREEMENT.

AGREEMENT shall mean this AGREEMENT for GENERAL CONSTRUCTION MANAGER

SERVICES.

APPLICATION(S) FOR PAYMENT shall mean an Application for Payment of amounts claimed due under the AGREEMENT and in the form required by the applicable terms of the AGREEMENT.

ARCHITECT shall have the meaning set forth in the introductory Paragraph of this AGREEMENT.

BID SET DOCUMENTS shall have the meaning set forth in Paragraph 2.1.1 of this AGREEMENT.

CCD shall mean CONSTRUCTION CHANGE DIRECTIVE.

CERTIFICATE OF COMPLIANCE shall have the meaning set forth in Paragraph 8.7.8 of this

AGREEMENT.

CERTIFICATE OF SUBSTANTIAL COMPLETION shall have the meaning as set forth in Paragraph

7.3.2 of this AGREEMENT.

CHANGE ORDER shall have the meaning set forth in Paragraphs 17.2.1 of this AGREEMENT.

CLAIM shall have the meaning set forth in Paragraph 19.1.1 of this AGREEMENT.

COMMISSIONING PROCESS shall have the meaning set forth in Paragraph 5.19.1 of this

COMPLETION DATE(S) shall have the meaning set forth in “EXHIBIT B” (except as such dates may be modified hereafter pursuant to the Final GMP Amendment, or a CHANGE ORDER or CCD signed by the OWNER).

CONSTRUCTION SCHEDULE shall mean an updated CONSTRUCTION SCHEDULE which compares and identifies all changes or revisions made to the Baseline Construction Schedule and all preceding updated construction schedules about the Work.

CONTRACT shall have the meaning set forth in Paragraph 2.1.1 of this AGREEMENT.

CONTRACT DOCUMENTS shall have the meaning set forth in Paragraph 2.1.1 of this AGREEMENT.

CONTRACTOR shall have the meaning set forth in the introductory Paragraph of this AGREEMENT.

CONTRACTOR’S CONTINGENCY shall have the meaning set forth in Paragraph 8.3.2 of this

COR(s) shall mean Change Order Request.

DELAYING EVENT shall have the meaning set forth in Paragraph 7.5.2 of this AGREEMENT.

DESIGN DOCUMENTS shall have the meaning set forth in Paragraph 5.3.5 of this AGREEMENT.

DRAWINGS shall mean the drawings described in Paragraph 2.1.1 of this AGREEMENT and as identified in Exhibit A (as later supplemented and/or modified in the Final GMP Amendment).

EARLY PROCUREMENT ITEMS shall have the meaning set forth in Paragraph 5.2.2 of this

EPA shall mean Environmental Protection Agency.

EXCUSED DELAY shall have the meaning set forth in Paragraph 7.6.1 of this AGREEMENT.

FINAL COMPLETION shall have the meaning set forth in Paragraph 7.3.5 of this AGREEMENT.

FINAL PAYMENT shall mean the final payment made by the OWNER to CONSTRUCTION

MANAGER pursuant to the terms and limitations of Paragraph 8.10 of this AGREEMENT.

GENERAL CONDITIONS NTE shall mean the not to exceed amount established as the

CONSTRUCTION MANAGER’S compensation for all General Conditions items and shall be limited by the terms and conditions of Paragraph 8.4.1 of this AGREEMENT.

GMP shall mean Guaranteed Maximum Price and as later supplemented and/or modified in the Final GMP

Amendment.

GMP DESIGN DOCUMENTS shall have the meaning set forth in Paragraph 5.3.2 of this AGREEMENT.

GUARANTEED MAXIMUM PRICE shall have the meaning set forth in Paragraph 5.3.2 of this

INITIAL BID SET DOCUMENTS shall be outlined in EXHIBIT A of this AGREEMENT.

LANDLORD shall have the meaning set forth in Paragraph 5.18.2 of this AGREEMENT.

MATERIAL CHANGE(S) shall have the meaning set forth in Paragraph 5.3.4 of this AGREEMENT.

MODIFICATION(S) shall have the meaning set forth in Paragraph 2.1.1 of this AGREEMENT.

OSHA shall mean Occupational Safety and Health Administration.

OWNER shall have the meaning set forth in the introductory Paragraph of this AGREEMENT.

OWNER SUPPLIED ITEMS/FF&E shall have the meaning set forth in Paragraph 11.2.1 of this

OWNER SUPPLIED ITEMS/RESPONSIBILITY MATRIX shall have the meaning set forth in

Paragraph 11.2.1 of this AGREEMENT.

OWNER’S CONSULTANTS shall have the meaning set forth in Paragraph 3.2.2 of this AGREEMENT.

OWNER’S REPRESENTATIVE shall have the meaning set forth in Paragraph 3.2.1 of this

PROJECT shall mean (i) A new extended observation and crisis residential facility of approximately

38,000 square feet located in Uvalde County, Texas. The building will consist of separate adult and juvenile wings. The adult wing will consist of a nurses’ station, 6 extended observation units, 10 crisis residential units, and a common area. The juvenile wing will consist of a nurses’ station, 4 extended observation units, 12 crisis residential units, and a separate common area. The facility will have office space, conference rooms, a full-service kitchen, a multipurpose room, a public lobby, and separate venues of entry for law enforcement, and

A new approximately 16,000 square foot clinic and service coordination office that will consist of office space and storage areas to accommodate the mental health clinical and office space, service coordination office and meeting space, administrative office space, maintenance office space, pharmacy, flex space, public lobby, conference rooms, telehealth rooms, and other spaces as may be required located on the same lot as the 38,000 square foot facility.

PROPRIETARY INFORMATION shall have the meaning set forth in Paragraph 10.1.1 of this

RFI OR REQUEST FOR INFORMATION shall have the meaning set forth in Paragraph 7.6.1 of this

SCHEDULE OF VALUES shall mean a schedule allocating the various components of the GMP in such form and content as required by the applicable provisions of this AGREEMENT.

SCOPE OF WORK DESCRIPTION shall have the meaning set forth in Paragraph 2.1.1 of this

AGREEMENT and as set forth in the exhibits to this AGREEMENT.

SELF-PERFORMED WORK shall have the meaning set forth in Paragraph 6.2.4 of this AGREEMENT.

SITE shall mean the location of the PROJECT and any areas therein or adjacent thereto where the Work is to be performed and/or the CONSTRUCTION MANAGER is permitted to store or stage the Work and/or any materials, equipment, or tools.

SPECIFICATION(S) shall mean the specifications for the PROJECT as identified in Exhibit A of this

AGREEMENT (as later supplemented and/or modified in the Final GMP Amendment).

START-UP AND COMMISSIONING PROCESS shall have the meaning set forth in Paragraph 5.19.1 of this AGREEMENT.

START-UP AND COMMISSIONING PROCESS ADJUSTMENTS shall have the meaning set forth in Paragraph 5.19.1 of this AGREEMENT.

SUBCONTRACTOR(S) shall have the meaning set forth in Paragraph 6.1.1 of this AGREEMENT.

SUBSTANTIAL COMPLETION and/or SUBSTANTIALLY COMPLETE shall have the meaning set forth in Paragraph 7.3.1 of this AGREEMENT.

ARTICLE 2

GENERAL INFORMATION

2.1 GENERAL INFORMATION

2.1.1. The Contract Documents consist of (a) this AGREEMENT (b) the Scope of Work Description set forth in Exhibit A hereto and any related clarifications, qualifications and exclusions (the “Scope of Work

Description”); (c) the Specifications as listed on Exhibit A hereto, and later supplemented and/or modified in the Final GMP amendment executed by the OWNER and CONSTRUCTION MANAGER, (the

“Specifications”); (d) the Drawings as listed on Exhibit A hereto, and later supplemented and/or modified in the Final GMP amendment executed by the OWNER and CONSTRUCTION MANAGER, (the

“Drawings”); (e) all other Exhibits attached hereto (including the Completion Dates listed on EXHIBIT B, any applicable restrictions, rules and/or regulations in the use of the Property, attached as EXHIBIT C, the

OWNER Supplied Items/Responsibility Matrix attached as EXHIBIT D, the Contingency Approval Form attached as EXHIBIT E, and the Construction Change Directive (“CCD”) Rates and Prices set forth in

EXHIBIT F; (f) any Addenda to the Drawings or Specifications issued by the Architect with respect to the

Work; (g) the Final GMP Amendment executed by the OWNER and CONSTRUCTION MANAGER.

Pursuant to Section 8 herein, and (h) any other Modifications issued in connection with the Work for the

PROJECT. The Contract Documents form the Contract for Construction and may be collectively referred to herein as the “Contract,” the “Contract Documents” and/or the “AGREEMENT.” The Scope of Work

Description, the Specifications and the Drawings are collectively referred to herein as the “Bid Set

Documents.” All Contract Documents and Exhibits to this AGREEMENT are fully incorporated into this

AGREEMENT by reference and are as fully a part of this AGREEMENT as if repeated in their entirety in this AGREEMENT. A “Modification” is (1) a written amendment to the Contract signed by both parties,

(2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the

Work issued by the Architect.

2.1.1.1 Coordination Documents. CONSTRUCTION MANAGER acknowledges that in connection with the administration and coordination of the Work and the activities of the various participants on the PROJECT, various documents, charts, and related materials may be created and circulated (including a “differentiation document” identifying certain of the respective roles and responsibilities of the CONSTRUCTION MANAGER and the various PROJECT participants, together with related documents and correspondence). CONSTRUCTION MANAGER agrees that no such document is a Contract Document, unless so defined herein, and that the purpose of all such documents is only to coordinate and administer the communications required among the

PROJECT participants. The CONSTRUCTION MANAGER ’s obligations with respect to the performance of the Work shall be as set forth in the Contract Documents, not in any differentiation document or other document or correspondence circulated among the PROJECT participants, unless and only to the extent provided otherwise in a written Modification to this AGREEMENT that is signed by the OWNER. In the event the CONSTRUCTION MANAGER discovers any inconsistency or conflict between the Contract Documents and any differentiation document or other document, or correspondence circulated among the PROJECT participants, the

CONSTRUCTION MANAGER shall promptly notify and obtain the direction of the OWNER with respect thereto. If the CONSTRUCTION MANAGER performs any construction activity when

CONSTRUCTION MANAGER knows such activity involves such an inconsistency or conflict without such notice to and direction from the OWNER, the CONSTRUCTION MANAGER shall be responsible for such performance and shall be responsible for any attributable costs and shall not be entitled to any increase in the GMP or extension of the Completion Dates on account thereof.

2.1.2. The Contract Documents represent the entire and integrated AGREEMENT between the parties hereto and supersede the Request for Proposal, all other requests for qualifications and/or bids and any responses thereto and all prior negotiations, representations, or AGREEMENTS, either written or oral, except as expressly provided otherwise herein. The Contract Documents may be amended or modified only by the Final GMP Amendment or a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the CONSTRUCTION MANAGER and the Architect or

(2) between any persons or entities other than the OWNER and CONSTRUCTION MANAGER. The

AGREEMENT between the OWNER and the Architect or any AGREEMENTS between the OWNER and any other consultant shall not be construed as part of this AGREEMENT.

2.1.3 In the event of a conflict between any of the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Paragraph 2.1.1 herein, except: (1) the Final GMP

Amendment and/or a Modification shall take precedence over that portion of any other Contract Document which it modifies; (2) specific qualifications, clarifications or exclusions set forth in any amendment shall govern in regards to the Drawings, Specifications, and/or Addenda qualified, clarified or modified by such qualifications, clarifications or exclusions; and (3) with respect to conflicts or ambiguities between the

Drawings and Specifications as to the nature and extent of the Work to be performed, all work necessary for the execution of the Work (whether shown on the Drawings and not described in the Specifications or described in the Specifications and not shown on the Drawings) and any work which is reasonably inferable

(consistent with the provisions of this AGREEMENT) as necessary to complete the Work within the limits established by the Contract Documents, shall be considered as part of the Contract Documents and shall be executed by the CONSTRUCTION MANAGER in the same manner and with the same character and quality of material as other portions of the Work, without increase in the Guaranteed Maximum Price (also referred to herein as “GMP”) or extension of the Completion Date(s). In the event of duplications or conflicts among the Contract Documents relating to the quality of Work to be performed or the materials and equipment to be provided, the CONSTRUCTION MANAGER shall notify the OWNER of the duplication or conflict and obtain the OWNER’S direction as to its resolution before proceeding with any affected Work.

2.2. INTERPRETATION. CORRELATION AND INTENT OF CONTRACT DOCUMENTS

2.2.1 The organization of the Specifications into divisions, sections and articles, and the arrangement of

Drawings shall not control the division of the Work among Subcontractors or in establishing the extent of

Work to be performed by any trade or Subcontractor. The CONSTRUCTION MANAGER shall be responsible for assigning and/or dividing the Work among Subcontractors as necessary for the full and timely completion of all Work required by any of the Contract Documents, whether the Contract Documents specifically identify the trades or type of Subcontractor responsible for each element of the Work or assign or divide each element of the Work to or among different Subcontractors. The failure of the Contract

Documents to identify the trade or type of Subcontractor responsible for each element of the Work or to assign or divide the Work to or among different Subcontractors shall not relieve the CONSTRUCTION

MANAGER of its responsibilities in this regard and shall not entitle the CONSTRUCTION MANAGER to any increase in the Guaranteed Maximum Price or to any extension of the Completion Date(s).

2.2.2 Requests by the CONSTRUCTION MANAGER for interpretation of Drawings, Specifications, or other instructions or clarifications necessary for the proper execution of the Work shall be directed to the

Architect, with copies of all such requests to the OWNER, OWNER’S Representative, and OWNER’S

PMC (and to any of the other OWNER’S Consultants as directed by the OWNER). The interpretation will be issued to the CONSTRUCTION MANAGER by the Architect in writing. The interpretation shall be consistent with the intent of the Contract Documents.

2.2.3 The Specifications may be of the abbreviated type and include incomplete sentences. Omission of words or phrases such as “the CONSTRUCTION MANAGER shall” and “shall be” are intentional. Omitted words or phrases shall be supplied by inference in the same manner as they are when a “note” occurs on the Drawings. Where phrases such as “as selected,” “as directed” or “as approved” are used in the

Specifications, they shall mean “as directed, selected or approved by the OWNER or OWNER’S designee.”

Where phrases such as “or equal” or “or approved equal” are used in the Specifications, they shall mean

“equal or approved equal as approved by the OWNER.”

2.2.4 Drawings are intended to show general arrangement, design and extent of the Work and are partly diagrammatic. As such, they are not intended to be scaled for measurements or to serve as shop drawings, the responsibility for preparation of which shall be entirely the CONSTRUCTION MANAGER’S. Large scale Drawings shall take precedence over small scale Drawings; figures, dimensions and noted materials over graphic representations. Architectural Drawings shall take precedence in regard to dimensions when in conflict with mechanical/electrical or structural Drawings except for the size of the structural members.

Before beginning any Work involving dimensions that depend upon or are affected by existing conditions, the existing conditions shall be verified and shall take precedence over the Drawings regarding dimensions.

2.2.5 Whenever the Contract Documents designate article, appliance, device or material by name or manufacturer or vendor or proprietary or trade name followed by words “or approved equal,” standard products of manufacturers other than those specified may be accepted only if it is proved to Architect’s satisfaction that they are equal in design, appearance, strength, durability, usefulness, convenience, and in all other material respects and if the substitute is thereafter approved in writing by the OWNER or

OWNER’S designee, prior to the ordering or use, which approval shall be at the OWNER’S or OWNER’S designee’s sole and absolute discretion. The CONSTRUCTION MANAGER shall be responsible for requesting and obtaining the written approval of the OWNER or OWNER’S designee in this regard.

2.2.6 The Article, Section and PARAGRAPH headings, and other titles and captions used in the Contract

Documents, are inserted only for convenience of reference, and are not intended to and shall in no way define, limit, enlarge or prescribe the rights or obligations of the parties, or affect the meaning, construction, scope or extent of any provisions of the Contract Documents.

2.2.7. The non-enforcement of any provisions of the Contract Documents by the OWNER shall in no event be construed as a waiver of such provision or any other provision. Any waiver by the OWNER of any failure by the CONSTRUCTION MANAGER to comply with the Contract Documents must be expressly waived in writing and shall be limited to the specific matter waived and shall not be construed as a waiver of continued or future failures or defaults. Any delay by OWNER in the exercise of remedies shall not be deemed a waiver of those remedies.

2.2.8 If any term or provision of the Contract Documents shall be held to any extent to be invalid or unenforceable, the remaining terms and provisions of the Contract Documents shall nevertheless be valid and shall be enforced to the fullest extent permitted by law.

2.2.9 This AGREEMENT and all the Contract Documents shall be construed and governed pursuant to the laws of the State of Texas, without reference to its conflict of laws principles.

2.2.10 The persons executing the Contract Documents on behalf of each party hereto represent that they have been authorized to do so and that all corporate, joint venture, partnership, or other legal requirements necessary in connection with such authorization have been fulfilled.

2.2.11 All notices, demands or requests provided for or desired to be given pursuant to the Contract

Documents must be in writing. All such documents shall be deemed to have been sent when deposited in the United States mail, postage prepaid, certified or registered, and/or deposited with a registered or bonded courier for next day or immediate delivery and/or sent by e-mail (with receipt confirmed) to the then current e-mail address of the intended recipient and/or delivered by hand by an employee of one of the parties hereto addressed to the address set forth herein or to such other address in the United States as a party hereto may hereafter designate in writing delivered in the manner aforesaid.

2.2.12 In the interest…