Doing Business with the State University Construction Fund 2008 Table of Contents State University Construction Fund………………….2 SUNY Capital Plan………………………………………….5 Services Procured.......……………………………………7 Design Consultant Services……………………………13 Construction Management Services………………..16 Construction Contracts………………………………….18 Payment Process…………………………………………..22 MWBE Requirements.…………………………………...23 Upcoming Projects………………………………………..25 Vendor Responsibility Determinations……………..27 SUCF Contact Information……………………………..35 State University Construction Fund * Public Benefit Corporation established under Article 8-A of NYS Education Law * Provides funding, planning, design and construction management for SUNY Mission Statement “…To provide academic buildings, dormitories and other facilities for the State-operated institutions and contract and statutory colleges under jurisdiction of the State University, to reduce the time lag between determination of need for such facilities and actual occupancy thereof, to expedite the construction, acquisition, reconstruction and rehabilitation or improvement of such facilities and to assure that the same are ready for the purposes intended when needed and when scheduled under the approved master plan of State University.” SUNY Campuses Map of New York State showing the locations of the State University of New York (SUNY) campuses: State University at Albany State University at Binghamton State University at Buffalo State University at Stony Brook New York State College of Ceramics at Alfred University in Alfred New York State College of Agriculture & Life Sciences at Cornell University in Ithaca New York State College of Human Ecology at Cornell University in Ithaca New York State College of Industrial & Labor Relations at Cornell University in Ithaca New York State College of Veterinary Medicine at Cornell University in Ithaca New York State College of Environmental Science & Forestry at Syracuse University Downstate Medical Center at Brooklyn Upstate Medical Center at Syracuse New York State College of Optometry in New York City State University College at Brockport State University College at Buffalo State University College at Cortland Empire State College in Saratoga Springs State University College at Fredonia State University College at Geneseo State University College at New Paltz State University College at Old Westbury State University College at Oneonta State University College at Oswego State University College at Plattsburgh State University College at Potsdam State University College at Purchase State University College of Technology at Alfred State University College of Technology at Canton State University College of Technology at Cobleskill State University College of Technology at Delhi State University College of Technology at Farmingdale Maritime College at Fort Schuyler, Bronx, NY SUNY-IT at Utica SUNY Capital Program Summary * Educational Facilities Number of Buildings 1,823 Square Foot 56.6 million Average Age 44.2 years 2003-2007 Funding $3,132 million 2008-2013 Budget $4,426 million – Includes $2.2B in future appropriations for critical maintenance projects. Funded By State Projects Managed By Fund/Campus * Hospitals Number of Buildings 13 Square Foot 2.5 million Average Age 23.3 years 2003-2007 Funding $419 million 2008-2013 Budget $450 million Funded By Hospital Revenues Projects Managed By Fund/Campus * Residence Halls Number of Buildings 461 Square Foot 19.2 million Average Age 33.3 years 2003-2007 Funding $685 million 2008-2013 Budget $573 million Funded By Room Rents Projects Managed By DASNY/Campus * Community Colleges Number of Buildings 489 Square Foot 17.3 million Average Age 40.1 years 2003-2007 Funding $379 million 2008-2013 Budget $390 million Funded By 50% State 50% Local Projects Managed By Local * Totals Number of Buildings 2,786 Square Foot 95.6 million Average Age 41.7 years 2003-2007 Funding $4,615 million 2008-2013 Budget $5,839 million Workload Projections State University of New York – Educational Facilities Capital Program Multi-year Spending / Bonding Forecast, per Campus Project Schedules * 2004 Multi-Year Plan 2007-2008 409 million 2008-2009 455 million 2009-2010 558 million 2010-2011 392 million 2011-2012 225 million 2012-2013 108 million Total 2,147 million * 2008 Multi-Year Plan 2007-2008 0 2008-2009 103 million 2009-2010 168 million 2010-2011 391 million 2011-2012 638 million 2012-2013 540 million Total 1,840 million Services Procured Design-Bid-Build – Wicks Law Exempt * Design – Qualification Based * Construction Management – Best Value * Commissioning – Qualification Based * Construction – Lowest Responsible Bidder Contract Opportunities * NYS Contract Reporter * www.nyscr.org * SUCF Website * www.sucf.suny.edu SUCF Business and Contracting Opportunities Web pages: Procurement Contracts www.sucf.suny.edu/business/procure.shtml Construction Bid Activity www.sucf.suny.edu/business/bidact.shtml Construction Bid Calendar www.sucf.suny.edu/business/bidcal.shtml Construction Bid Results www.sucf.suny.edu/business/bidres.shtml Consultant Select Guide www.sucf.suny.edu/business/select.shtml Consultant Selection Status www.sucf.suny.edu/business/status.shtml SUCF Design Contracts Advertised Web Page www.sucf.suny.edu/business/desadv1.shtml SUCF Tentative Bid Listing Web Page www.sucf.suny.edu/business/bidcal.shtml Construction Contract Opportunities Construction Bids Only * Albany Times Union * Newspaper local to project site * Minority Commerce Weekly Plans Available Through * Local Plan Rooms * Campus Design Consultant Services * Architectural & Engineering Services * Qualification Based Selection * SUCF Fee Schedule/Complexity Factor * Term Agreements * Program Studies * Qualification Based Selection * Fee Proposal submitted based on Technical Proposal * Not-to-Exceed Contract Amount * Commissioning Services * Qualification Based Selection * Technical Proposal is required * Fee Proposal submitted based on Project Approach is required * Not-to-Exceed Contract Amount Design Consultant Selection * Qualification Based * Statement of Qualifications (SOQ) * Required Standard Format * Tailored to a specific scope of work/project * Selection Committee * Fund representatives/campus representative * Short List Design Consultant Selection (cont.) * Evaluation criteria * Firm Qualifications & Experience * Personnel Qualifications * Previous Experience with Specific Project Scope * Approach & Capability * References * Site visits/Interviews (Optional) * Final Selection * Highest aggregate scoring firm is selected * Fee Schedule/Negotiation Construction Management Services * Best Value Selection * Qualifications + Cost * SOQ * Short List * Invited to Submit Proposals (RFP Process) * Technical Proposal based on detailed project scope/services required * Cost Proposal based on staffing in Technical Proposal * Billable Hours * Not-to-Exceed Contract Amount Consultant Selections Common Pitfalls * Limited or nonspecific approach to the project * Lack of knowledge about the campus * Inappropriate Professional References * Poor Interview * Project Professionals vs. Marketing Group * Lack of comprehensive subconsultant and MWBE Plans Construction Contracts * Sealed Bids – Publicly Opened * Plans and Specifications * May be examined free of charge at: Architect/Engineer’s Office; Campus Facilities Offices * Complete set of documents can be obtained from Architect/Engineer upon payment of a deposit * Requirements for Bidding * Bid Deposit – 5% of Total Bid * Bank draft, certified check, bid bond * Size of Projects previously completed * Successful completion of similar work not less than 50% of Total Bid * Ample Financial Resources – Working Capital Test Construction Contracts (cont.) * Bonding (within 24 hours of Notice of Award) * Performance Bond – 100% of Total Contract * Labor and Material Bond – 100% of Total Contract * Insurance * Workers Compensation * General Liability and Property Damage * Builders Risk * Owners Protective Liability * Prevailing Wage Rates * Post-Bid Submissions * 3 Lowest Bidders Construction Contracts (cont.) * Within 48 Hours of Bid Opening * Uniform Contractor Questionnaire (UCQ) * Affidavit of No Change (if UCQ submitted within past year) * Proposed Major Subcontractors * HVAC, Electrical, Plumbing and Asbestos Abatement * Appendix A (Bid Breakdown by Trade or Section) * Within 7 Calendar Days of Bid Opening * UCQ’s for all proposed major subs (or Affidavit of No Change) * MWBE Utilization Plan * Equal Employment Opportunity Statement Construction Bids Common Pitfalls * Lack of required experience * Late Bid * Bid filled out incorrectly * Improper bid security * Lack of required working capital Payment Process * Design * Monthly installment payments during each phase * Basic Fee, Reimbursable Expenses, Extra Compensation Services * Fund website “Bulletin on Payment of Fees” * Construction * Monthly Payment Meetings with Consultant/Site Representative * Substantial Completion/Guarantee Period * Fund website – “Management of Construction Projects” MWBE Requirements * Article 15-A of Executive Law * Good Faith Effort * Fund Goals * Fund Goals Upstate Projects MBE 8% * Fund Goals Upstate Projects WBE 4% * Fund Goals Downstate Projects MBE 10% * Fund Goals Downstate Projects WBE 4% * Design Services & CM Services * Included with identification of subconsultants * Considered in evaluation process * Meaningful basic fee scope disciplines * Construction Services * Submitted 7 days after bid opening * Reviewed for goals and good faith effort * Identify issues; work with contractor on resources * No Contract awarded without an approved MWBE Utilization Plan MWBE Opportunities * Prime Opportunities * Design Services * Construction Services * Subcontracting Opportunities * Utilize advertising resources * Contract Reporter; MWBE Association Plan Rooms; MCW Publication * Identify and quote firms holding plans * Identify and quote to low bidders * Network with larger firms * Accessing MWBE firms * ESDC Directory website – http://nylovesmwbe.ny.gov * Lois McLaughlin, MWBE Coordinator (Lois.McLaughlin@suny.edu/518-689-2581) Sample of Upcoming Design Projects SUCF Design Contracts Advertised Web Page www.sucf.suny.edu/business/desadv1.shtml Sample of Upcoming Construction Projects SUCF Tentative Bid Listing Web Page www.sucf.suny.edu/pdf/bidlist.pdf What Is Vendor Responsibility * A form of due diligence * Designed to provide the Fund with sufficient facts to make an informed decision * Elements * Authorization to do Business in NYS * Financial * Integrity * Past Performance * Compliance with Procurement Lobbying Act Vendor Responsibility Filing Requirements * Uniform Contracting Questionnaire (UCQ) – Construction * Standard Vendor Responsibility Questionnaire (SVRQ) – Design/CM Services * Original Signature * Procurement Lobbying Act * Disclosure, Affirmation, and Certification Forms * OSC Review Procurement Lobbying Act * Regulates contacts made by “offerers” during the “restricted period” * An “offerer” is a vendor, a vendor’s employee, agent, consultant, or anyone acting on behalf of a vendor, who contacts the Fund during the “restricted period” * The “restricted period” begins when a procurement is first advertised in the Contract Reporter or other publication and ends with the final contract award and approval by the Office of the State Comptroller Procurement Lobbying Act Impermissible Contacts * A contact made by an offerer during the restricted period, * To someone other than the Fund’s designated points of contact, and * Under circumstances that would allow a reasonable person to infer that the contact was intended to influence the procurement. * Impermissible contacts can be made in person, by telephone or e-mail, in written correspondence, or any other form of communication. * The Fund’s designated points of contact are included in bid solicitations and on the Fund’s website. Procurement Lobbying Act Penalties * First impermissible contact * Offerer will be found to be a non-responsible bidder, * Offerer will not be awarded the contract, and * Offerer’s name will be placed on a public list of non-responsible bidders * Second impermissible contact * Made within four years of first non-responsibility determination * Offerer will be debarred from all state procurement contracts for a four-year period measured from the date of the second violation Procurement Lobbying Act Permissible Subject Matter * Factual exchanges of information are generally not considered contacts, e.g., * When is the bid due * Where is the bid due * Request for pages missing from the RFP * Written questions as part of a Q&A process * Bid conference participation * Award review request * Written complaint * Negotiation of terms after award Vendor Responsibility Common Mistakes Read and answer all the questions; submit a complete form * Owners, corporate officers, shareholders, and affiliates * UCQ – full dates of birth * OSHA violations – serious and willful * Explanations for Yes answers in UCQ/SVRQ * Question 17 SVRQ (Financial Resources) Integrity Hotline * Available to Fund employees, vendors and campuses * (866) 543-8107 or (518) 320-1290 * Anonymous or confidential * No Caller ID * Available 24/7 SUCF Contact Information * General Manager’s Office - (518) 689-2501 * Procurement Office - (518) 689-2577 * MWBE Opportunities - (518) 689-2581 * Corporate Integrity - (518) 689-2566 * Hotline – (866) 543-8107 or (518)-320-1290 SUCF Contact Information * Design and Construction - (518) 689-2591 * Program Management - (518) 689-2522 * Counsel’s Office - (518) 689-2516 * www.sucf.suny.edu