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SUNY System Administration Building, Albany, NY Doing Business with the State University Construction Fund 2011 HOW TO DO BUSINESS WITH THE STATE UNIVERSITY CONSTRUCTION FUND Intro to the State University Construction Fund Overview of SUNY & Capital Plan Overview of Procurement & Services Procured Design and Construction Related Services Procurement Construction Contract Procurement MWBE Opportunities Program Vendor Responsibility Procurement Lobbying Act Payment Process SUCF Contact Information SUNY Brockport -Rochester Educational Opportunity Center 1 SUNY Capital Program Summary # of Bldgs Sq. Foot(1) Avg Age(2) 2008-13 Budget(1) Funded By Projects Managed By 1,839 57.8 44.8 $4,426(3) State Fund/Campus Hospitals 17 2.9 27.0 $450 Hospital Revenues Fund/Campus Residence Halls 483 20.0 34.3 $994 Room Rents DASNY/ Campus Community Colleges 497 18.4 42.0 $491 50% State 50% Local Local 2,836 99.1 42.4 $6,361 Educational Facilities Totals Notes: (1) Square footage and funding expressed in millions. age (expressed in years) represents a straight average with no consideration given to the size of buildings or subsequent renovations. (3) Includes $550M in future appropriations for critical maintenance projects. (2) Average 2 STATE UNIVERSITY CONSTRUCTION FUND Public Benefit Corporation established under Article 8-A of NYS Education Law Provides capital funding, planning, design and construction administration for SUNY SUNY College of Optometry Multipurpose Space – 3rd Fl. 3 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.” 4 SUNY Campuses University Centers - University at Albany Binghamton University University at Buffalo Stony Brook University Doctoral - Downstate Medical Center Upstate Medical Center College of Environmental Science and Forestry College of Optometry College of Ceramics Alfred University Cornell University Comprehensive - College at Brockport - Buffalo State College Cortland State College Fredonia State College Geneseo State College New Paltz State College Old Westbury State College Oneonta State College Oswego State College Plattsburgh State College Potsdam State College Purchase State College Empire State College Agriculture and Technology - Alfred State College SUNY Canton SUNY Cobleskill SUNY Delhi Farmingdale State College Morrisville State College Institute of Technology at Utica/Rome Maritime College 5 SUNY Campuses 6 SERVICES PROCURED Architectural & Engineering Construction Management Commissioning Construction SUNY at Stony Brook – Rehab Old Chem Classroom Bldg. 7 DESIGN - CONSTRUCTION MANAGER - COMMISSIONING PROCUREMENT OPPORTUNITY LISTINGS Design & Construction Related Services Contract Opportunities: NY State Contract Reporter www.nyscr.org SUCF Website www.sucf.suny.edu SUNY at Albany – New Business School 8 DESIGN PROCUREMENT OVERVIEW Qualification Based Selection Statement of Qualifications (SOQ) Required Standard Format Tailored to scope of work/project SUNY ESF – Gateway Building Selection Committee Fund Staff/Campus Representative 9 DESIGN PROCUREMENT OVERVIEW Site Visits/Interviews (At Fund’s Option) Evaluation Criteria Firm and Personnel Qualifications & Experience Previous Experience with Specific Project Scope Project Approach MWBE Utilization References Final Selection - Highest Aggregate Scoring SUNY College at Plattsburgh Hudson Hall Reconstruction 10 DESIGN PROCUREMENT OVERVIEW Additional Services Program Studies “Schedule B” Services Qualification Based Selection Surveys, Hazardous Materials Testing, Borings, etc. Scope - Fee Proposal Extra Compensation Authorizations Design Term Agreements A/E Design Services Facility Planning Structural Consultation Services Cost Consultant Services 11 Construction Manager Procurement Overview CM as Agent Best Value Selection Qualifications + Cost SOQ Proposals (RFP Process): Technical Proposal based on detailed project scope/services required Cost Proposal based on staffing in Technical Proposal Billable Hours must match hours from Technical Proposal Not-to-Exceed Contract Amount SUNY Upstate Medical Center – Vertical Expansion CM Term Agreement 12 COMMISSIONING PROCUREMENT OVERVIEW Qualification Based Selection (SOQ Required) Technical Proposal Cost Proposal Not-to-Exceed Term Amount Agreements SUNY at Buffalo – Replace AHUs – Hochstetter Hall SUNY at Stony Brook Rehab Graduate Chem Bldg., Ph I 13 DESIGN CONTRACTS COMMON PITFALLS Lack of experience with projects similar in scope Lack of knowledge about the campus Interview Quality Lack of comprehensive subconsultant staffing list Lack of meaningful MWBE utilization Inappropriate Professional References 14 SAMPLE OF UPCOMING DESIGN PROJECTS For current information related to upcoming design projects, visit the SUCF website at the link below: http://www.sucf.suny.edu/business/status.cfm 15 CONSTRUCTION CONTRACT PROCUREMENT OVERVIEW Sealed Bids – Publicly Opened Lowest Responsible Bidder Wick’s Law Exempt SUNY College at Oneonta –Rehab Fine Arts Building Ph. II 16 CONSTRUCTION CONTRACT OPPORTUNITIES NYS Contract Reporter www.nyscr.org Local Newspapers Albany Times Union Minority Commerce Weekly State University College at Brockport Special Events Recreation Center SUCF Website www.sucf.suny.edu 17 CONSTRUCTION CONTRACT OPPORTUNITIES Plans and Specifications May be viewed free of charge at: Architect/Engineer’s Office Campus Facilities Offices FTP Site (designated projects) Local Plan Rooms – Eastern Contractors Assoc., Dodge Reports Complete document available from Architect/Engineer upon payment of a deposit. Electronic distribution (Plan & Print Systems) available only on designated projects). 18 CONSTRUCTION CONTRACTS Sealed Bids – Publicly Opened Requirements for Bidding Original Documents Only 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 SUNY College at Buffalo Renovate Science Bldg. 15 19 CONSTRUCTION CONTRACTS Within 48 Hours of Bid Opening NYS Vendor Responsibility Questionnaire For-Profit Construction Proposed Major Subcontractors Form CCA-2 Affidavit of No Change (if CCA-2 submitted within past year) HVAC, Electrical, Plumbing and Asbestos Abatement Appendix A (Bid Breakdown by Trade or Section) Within 7 Calendar Days of Bid Opening CCA-2’s for all proposed major subs (or Affidavit of No Change) MWBE Utilization Plan Equal Employment Opportunity Statement 20 CONSTRUCTION CONTRACTS Within 24 hours of Notice of Award – Bonding 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 Hazardous Material (if applicable) SUNY College at Oswego Historic Preservation – Sheldon Hall 21 CONSTRUCTION BIDS COMMON PITFALLS Late Bids Bid Filled Out Incorrectly Lack of Required Experience Improper Bid Security Lack of Required Working Capital 22 SAMPLE OF UPCOMING CONSTRUCTION PROJECTS For current information related to upcoming construction projects, visit the SUCF website at the link below: http://www.sucf.suny.edu/business/status.cfm 23 MWBE OPPORTUNITIES Article 15-A of Executive Law Disparity Study Good Faith Effort NYS Certified MWBEs Goals Based Upon Project Type & Location Posting of MWBE Utilization Plans MWBE Registry SUNY Farmingdale – Hale Hall Rehab 24 MWBE OPPORTUNITIES PROGRAM Design and Construction Related Services Include MWBE Participation with SOQ submission Prime Responsibilities Subconsultant Opportunities Meaningful disciplines and participation Basic Fee Scope Additional Services Review lists of firms requesting RFQ Review lists of SOQs submitted Market for subconsultant and joint venture opportunities No Contract awarded without an approved MWBE Utilization Plan 25 MWBE OPPORTUNITIES PROGRAM Construction Services Prime Responsibilities Subcontracting Opportunities MWBE Utilization Plan submitted 7 days after bid Plan Development Reviewed for response to goals and Good Faith Effort Identify issues; work with contractor on resolutions Utilize advertising resources: NYS Contract Reporter, SUCF Website, MWBE Associations, Minority Commerce Weekly Identify and quote to firms holding plans Identify and quote to low bidder Network with larger firms No Contract awarded without an approved MWBE Utilization Plan 26 MWBE OPPORTUNITIES PROGRAM Important Contacts SUCF Opportunities Program ESDC Directory Website [email protected] (518) 320-1650 http://nylovesmwbe.ny.gov 27 WHAT IS VENDOR RESPONSIBILITY? Form of Due Diligence Designed to provide the Fund with sufficient facts to make an informed decision Elements Authorization to do Business Financial Cornell Ag & Life Sciences – Rehab Stocking Hall Integrity Past Performance Compliance with Procurement Lobbying Act 28 I. AUTHORIZATION TO DO BUSINESS Engineering/Land Surveying Firms Certificate of Authorization from Education Dept. Distinct from an individual license Architectural/Landscape Architecture Firms PC and LLC need Education Dept. approval General Partnerships and LLPs are exempt 518-474-3817 – Education Department www.op.nysed.gov 518-473-2492 – State Dept., Division of Corporations 29 INSURANCE Exempt From Workers’ Compensation Insurance An individual owner who is not incorporated One or two-person corporations LLC, LLP PLLP, RLLP organized under NYS law General partnership under NYS law Each entity having NO employees, day labor, leased employees, borrowed employees, part-time employees, unpaid volunteers including family members CE-200 Who Must Be Covered PC or Inc. with employees or more than 2 shareholders or officers (penalties) 30 Insurance o Disability Benefits Insurance • PC or Inc. must have coverage o Exempt From Coverage • Same exemptions as Workers’ Compensation Plus • A business with no business location in NYS and no employees in NYS on any 30 days in a calendar year (this does not apply to workers’ comp) 31 PROOF OF INSURANCE C-105.2 Certificate of Workers’ Compensation Insurance U-26.3 State Insurance Fund Version of Certificate of Workers’ Compensation Insurance Coverage SI-12 Certificate of Workers’ Compensation Self-Insurance GSI-105.2 Certificate of Workers’ Compensation Group SelfInsurance DB-120.1 Certificate of Disability Benefits Insurance DB-155 Certificate of Disability Benefits Self-Insurance CE-200 Business Does Not Require Workers’ Compensation and/or Disability Benefits Coverage http://www.wcb.state.ny.us/icpocinq/icpocdisclaimer.jsp For further information, contact the Workers’ Compensation Board Compliance Bureau at (518) 486-6307 or (518) 402-6735 32 VENDOR II. INTEGRITY RESPONSIBILITY FILING REQUIREMENTS NYS Vendor Responsibility Questionnaire For-Profit Construction (CCA-2) Standard Vendor Responsibility Questionnaire (SVRQ): Design/Construction Related Services State University College at Buffalo – Kapoor Hall Renovation 33 OSHA CITATIONS Question 7.2 of the CCA-2 and Question 14(m) of the Standard Vendor Responsibility Questionnaire ask about serious and willful OSHA citations: All citations must be disclosed even if • • • • A citation was resolved as other than serious or withdrawn A citation is pending The final resolution is irrelevant to the Question A “Yes” answer requires a written explanation of each citation and a statement regarding remedial measures http://www.osha.gov/oshstats/ 34 III. 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 by the Fund 35 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. (Designated contacts are noted in solicitations, procurement documents and on the Fund’s website). 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. 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: If 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. 36 VENDOR RESPONSIBILITY COMMON PITFALLS Read and answer all the questions; submit a complete form Owners, corporate officers, shareholders and construction related affiliates OSHA violations – serious and willful Explanations for Yes answers in CCA-2/SVRQ Question 17 SVRQ (Financial Resources) 37 INTEGRITY HOTLINE (866) 543-8107 OR (518) 320-1290 Available to Fund employees, vendors and campuses Anonymous or confidential No Caller ID Available 24/7 38 PAYMENT PROCESS Design • Monthly installment payments • Basic Fee, Reimbursable Expenses, Extra Compensation Authorization • Fund website “Bulletin on Payment of Fees” Construction • Monthly Payment Meetings with Consultant/Site Representative • Fund website – “Management of Construction Projects” 39 For More Information Visit… www.sucf.suny.edu 40 SUCF CONTACT INFORMATION General Manager’s Office (518) 320-1502 Procurement Office (518) 320-1639/1640 Design Office (518) 320-3200 Construction Management (518) 320-3210 Program Management (518) 320-1770 Opportunities Program (518) 320-1650 Corporate Integrity (518) 320-1525 Counsel’s Office (518) 320-1746 Website www.sucf.suny.edu 41 STATE UNIVERSITY CONSTRUCTION FUND Thank you for joining us this evening! We look forward to working with you on future State University Construction Fund Projects! SUNY College of Ag & Tech at Morrisville - Building Conversion/Design Facility 42