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Doing Business Doing Business with the with the State University State University Construction Fund Construction Fund 2008

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Page 1: Presentation in PowerPoint format

Doing Business with theDoing Business with the

State University State University Construction FundConstruction Fund

2008

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Table of ContentsTable of ContentsState University Construction State University Construction

Fund………………….2Fund………………….2SUNY Capital SUNY Capital

Plan………………………………………….5Plan………………………………………….5Services Procured.......Services Procured.......

……………………………………7……………………………………7Design Consultant Design Consultant

Services……………………………13Services……………………………13Construction Management Construction Management

Services………………..16Services………………..16Construction Construction

Contracts………………………………….18Contracts………………………………….18Payment Payment

Process…………………………………………..22Process…………………………………………..22MWBE Requirements.MWBE Requirements.

…………………………………...23…………………………………...23Upcoming Upcoming

Projects………………………………………..25Projects………………………………………..25Vendor Responsibility Vendor Responsibility

Determinations……………..27Determinations……………..27SUCF Contact SUCF Contact

Information……………………………..35Information……………………………..35

State UniversityConstruction Fund

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State UniversityConstruction Fund

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State University Construction FundState University Construction Fund

Public Benefit Corporation established under Public Benefit Corporation established under Article 8-A of NYS Education Law Article 8-A of NYS Education Law

Provides funding, planning, design and Provides funding, planning, design and construction management for SUNYconstruction management for SUNY

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State UniversityConstruction Fund

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Mission StatementMission 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.”

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State UniversityConstruction Fund

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SUNY CampusesSUNY Campuses

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State UniversityConstruction Fund

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SUNY Capital Program SummarySUNY Capital Program Summary# of# of

BldgsBldgsSq. Sq.

FootFoot(1)(1)AvgAvg

AgeAge(2)(2)2003-072003-07

FundingFunding(1)(1)2008-132008-13BudgetBudget(1)(1) Funded ByFunded By Projects Projects

Managed ByManaged By

EducationalEducationalFacilitiesFacilities 1,8231,823 56.656.6 44.244.2 $3,132$3,132 $4,426$4,426(3)(3) StateState Fund/CampusFund/Campus

HospitalsHospitals 1313 2.52.5 23.323.3 $419$419 $450$450 Hospital Hospital RevenuesRevenues Fund/CampusFund/Campus

ResidenceResidenceHallsHalls 461461 19.219.2 33.333.3 $685$685 $573$573 Room Room

RentsRentsDASNY/DASNY/CampusCampus

CommunityCommunityCollegesColleges 489489 17.317.3 40.140.1 $379$379 $390$390 50% State50% State

50% Local50% Local LocalLocal

TotalsTotals 2,7862,786 95.695.6 41.741.7 $4,615$4,615 $5,839$5,839

NotesNotes:: (1) Square footage and funding expressed in millions.Square footage and funding expressed in millions. (2) Average age (expressed in years) represents a straight average with no consideration given to the size of buildings or Average age (expressed in years) represents a straight average with no consideration given to the size of buildings or

subsequent renovations.subsequent renovations.(3) Includes $2.2B in future appropriations for critical maintenance projects.Includes $2.2B in future appropriations for critical maintenance projects.

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State UniversityConstruction Fund

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State University of New York -- Educational Facilities Capital Program Multi-year Spending / Bonding Forecast, per Campus Project Schedules

$0$100$200$300$400$500$600$700$800$900

$1,000$1,100$1,200$1,300

2007-08 2008-09 2009-10 2010-11 2011-12 2012-13Fiscal Year

Dol

lars

in m

illio

ns

2004 Multi-Year Plan 2008 Multi-Year Plan

Workload ProjectionsWorkload Projections

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State UniversityConstruction Fund

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Services ProcuredServices Procured

Design-Bid-BuildDesign-Bid-Build – Wicks Law Exempt – Wicks Law Exempt

Design – Qualification BasedDesign – Qualification Based Construction Management – Best ValueConstruction Management – Best Value Commissioning – Qualification BasedCommissioning – Qualification Based Construction – Lowest Responsible BidderConstruction – Lowest Responsible Bidder

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Contract OpportunitiesContract Opportunities

NYS Contract ReporterNYS Contract Reporter www.nyscr.orgwww.nyscr.org

SUCF WebsiteSUCF Website www.sucf.suny.eduwww.sucf.suny.edu

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State UniversityConstruction Fund

SUCF WebsiteSUCF Website

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SUCF WebsiteSUCF Website

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SUCF WebsiteSUCF Website

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ConstructionConstructionContract OpportunitiesContract Opportunities

Construction Bids OnlyConstruction Bids Only Albany Times UnionAlbany Times Union Newspaper local to project Newspaper local to project

sitesite Minority Commerce Minority Commerce

WeeklyWeekly

Plans Available ThroughPlans Available Through Local Plan RoomsLocal Plan Rooms CampusCampus

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Design Consultant ServicesDesign Consultant Services Architectural & Engineering ServicesArchitectural & Engineering Services

Qualification Based SelectionQualification Based Selection SUCF Fee Schedule/Complexity FactorSUCF Fee Schedule/Complexity Factor Term AgreementsTerm Agreements

Program StudiesProgram Studies Qualification Based Selection Qualification Based Selection Fee Proposal submitted based on Technical ProposalFee Proposal submitted based on Technical Proposal Not-to-Exceed Contract AmountNot-to-Exceed Contract Amount

Commissioning ServicesCommissioning Services Qualification Based SelectionQualification Based Selection Technical Proposal is requiredTechnical Proposal is required Fee Proposal submitted based on Project Approach is requiredFee Proposal submitted based on Project Approach is required Not-to-Exceed Contract AmountNot-to-Exceed Contract Amount

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State UniversityConstruction Fund

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Design Consultant SelectionDesign Consultant Selection Qualification BasedQualification Based

Statement of Qualifications Statement of Qualifications (SOQ)(SOQ) Required Standard FormatRequired Standard Format

Tailored to a specific scope of Tailored to a specific scope of work/projectwork/project

Selection CommitteeSelection Committee Fund representatives/campus Fund representatives/campus

representativerepresentative

Short ListShort List

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Design Consultant Selection Design Consultant Selection (cont.)(cont.)

Evaluation criteriaEvaluation criteria Firm Qualifications & ExperienceFirm Qualifications & Experience Personnel QualificationsPersonnel Qualifications Previous Experience with Specific Project ScopePrevious Experience with Specific Project Scope Approach & CapabilityApproach & Capability ReferencesReferences

Site visits/Interviews (Optional)Site visits/Interviews (Optional) Final Selection Final Selection

Highest aggregate scoring firm is selectedHighest aggregate scoring firm is selected Fee Schedule/NegotiationFee Schedule/Negotiation

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Construction Management Construction Management ServicesServices

Best Value SelectionBest Value Selection Qualifications + CostQualifications + Cost SOQ SOQ Short List Short List

Invited to Submit Proposals (RFP Process)Invited to Submit Proposals (RFP Process) Technical ProposalTechnical Proposal based on detailed project based on detailed project

scope/services requiredscope/services required Cost ProposalCost Proposal based on staffing in Technical based on staffing in Technical

ProposalProposal Billable HoursBillable Hours Not-to-Exceed Contract AmountNot-to-Exceed Contract Amount

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Consultant SelectionsConsultant SelectionsCommon PitfallsCommon Pitfalls

Limited or nonspecific approach to the projectLimited or nonspecific approach to the project Lack of knowledge about the campusLack of knowledge about the campus Inappropriate Professional ReferencesInappropriate Professional References Poor InterviewPoor Interview

Project Professionals vs. Marketing GroupProject Professionals vs. Marketing Group

Lack of comprehensive subconsultant and MWBE Lack of comprehensive subconsultant and MWBE PlansPlans

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Construction ContractsConstruction Contracts Sealed Bids – Publicly OpenedSealed Bids – Publicly Opened Plans and SpecificationsPlans and Specifications

May be May be examinedexamined free of charge at: Architect/Engineer’s free of charge at: Architect/Engineer’s Office; Campus Facilities OfficesOffice; Campus Facilities Offices

Complete set of documents can be obtained from Complete set of documents can be obtained from Architect/Engineer upon payment of a deposit Architect/Engineer upon payment of a deposit

Requirements for BiddingRequirements for Bidding Bid DepositBid Deposit – 5% of Total Bid – 5% of Total Bid

Bank draft, certified check, bid bondBank draft, certified check, bid bond Size of ProjectsSize of Projects previously completed previously completed

Successful completion of similar work not less than 50% of Total Successful completion of similar work not less than 50% of Total BidBid

Ample Financial ResourcesAmple Financial Resources – Working Capital Test – Working Capital Test

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Construction Contracts (cont.)Construction Contracts (cont.) Bonding (within 24 hours of Notice of Award)Bonding (within 24 hours of Notice of Award)

Performance Bond – 100% of Total ContractPerformance Bond – 100% of Total Contract Labor and Material Bond – 100% of Total Contract Labor and Material Bond – 100% of Total Contract

InsuranceInsurance Workers CompensationWorkers Compensation General Liability and Property DamageGeneral Liability and Property Damage Builders RiskBuilders Risk Owners Protective LiabilityOwners Protective Liability

Prevailing Wage RatesPrevailing Wage Rates Post-Bid SubmissionsPost-Bid Submissions

3 Lowest Bidders 3 Lowest Bidders

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Construction Contracts (cont.)Construction Contracts (cont.) Within 48 Hours of Bid OpeningWithin 48 Hours of Bid Opening

Uniform Contractor Questionnaire (UCQ) Uniform Contractor Questionnaire (UCQ) Affidavit of No Change (if UCQ submitted within past year)Affidavit of No Change (if UCQ submitted within past year)

Proposed Major Subcontractors Proposed Major Subcontractors HVAC, Electrical, Plumbing and Asbestos AbatementHVAC, Electrical, Plumbing and Asbestos Abatement

Appendix A (Bid Breakdown by Trade or Section)Appendix A (Bid Breakdown by Trade or Section)

Within 7 Calendar Days of Bid OpeningWithin 7 Calendar Days of Bid Opening UCQ’s for all proposed major subs (or Affidavit of No UCQ’s for all proposed major subs (or Affidavit of No

Change)Change) MWBE Utilization PlanMWBE Utilization Plan Equal Employment Opportunity StatementEqual Employment Opportunity Statement

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Construction BidsConstruction BidsCommon PitfallsCommon Pitfalls

Lack of required experienceLack of required experience

Late BidLate Bid

Bid filled out incorrectlyBid filled out incorrectly

Improper bid securityImproper bid security

Lack of required working capitalLack of required working capital

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Payment ProcessPayment Process DesignDesign

Monthly installment payments during each phaseMonthly installment payments during each phase Basic Fee, Reimbursable Expenses, Extra Compensation Basic Fee, Reimbursable Expenses, Extra Compensation

ServicesServices Fund website “Bulletin on Payment of Fees”Fund website “Bulletin on Payment of Fees”

ConstructionConstruction Monthly Payment Meetings with Consultant/Site Monthly Payment Meetings with Consultant/Site

RepresentativeRepresentative Substantial Completion/Guarantee PeriodSubstantial Completion/Guarantee Period Fund website – “Management of Construction Projects”Fund website – “Management of Construction Projects”

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MWBE RequirementsMWBE Requirements Article 15-A of Executive LawArticle 15-A of Executive Law Good Faith EffortGood Faith Effort Fund GoalsFund Goals

Design Services & CM ServicesDesign Services & CM Services Included with identification of subconsultantsIncluded with identification of subconsultants Considered in evaluation processConsidered in evaluation process Meaningful basic fee scope disciplinesMeaningful basic fee scope disciplines

Construction ServicesConstruction Services Submitted 7 days after bid openingSubmitted 7 days after bid opening Reviewed for goals and good faith effortReviewed for goals and good faith effort Identify issues; work with contractor on resourcesIdentify issues; work with contractor on resources

No Contract awarded without an approved MWBE Utilization PlanNo Contract awarded without an approved MWBE Utilization Plan

MBEMBE WBEWBEUpstate ProjectsUpstate Projects 8%8% 4%4%Downstate ProjectsDownstate Projects 10%10% 4%4%

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MWBE OpportunitiesMWBE Opportunities Prime OpportunitiesPrime Opportunities

Design ServicesDesign Services Construction ServicesConstruction Services

Subcontracting OpportunitiesSubcontracting Opportunities Utilize advertising resourcesUtilize advertising resources

Contract Reporter; MWBE Association Plan Rooms; MCW Contract Reporter; MWBE Association Plan Rooms; MCW PublicationPublication

Identify and quote firms holding plansIdentify and quote firms holding plans Identify and quote to low biddersIdentify and quote to low bidders Network with larger firmsNetwork with larger firms

Accessing MWBE firmsAccessing MWBE firms ESDC Directory website – http://nylovesmwbe.ny.govESDC Directory website – http://nylovesmwbe.ny.gov Lois McLaughlin, MWBE CoordinatorLois McLaughlin, MWBE Coordinator ([email protected]/518-320-1673)([email protected]/518-320-1673)

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Sample of Upcoming Design Sample of Upcoming Design ProjectsProjects

Click here for the most recent list of upcoming Design ProjectsClick here for the most recent list of upcoming Design Projects

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Sample of Upcoming Construction Sample of Upcoming Construction ProjectsProjects

Click here for the most recent list of upcoming Construction BidsClick here for the most recent list of upcoming Construction Bids

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What Is Vendor ResponsibilityWhat Is Vendor Responsibility A form of due diligenceA form of due diligence Designed to provide the Fund with sufficient facts Designed to provide the Fund with sufficient facts

to make an informed decisionto make an informed decision ElementsElements

Authorization to do Business in NYSAuthorization to do Business in NYS FinancialFinancial IntegrityIntegrity Past PerformancePast Performance Compliance with Procurement Lobbying ActCompliance with Procurement Lobbying Act

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Vendor Responsibility Vendor Responsibility Filing RequirementsFiling Requirements

Uniform Contracting Questionnaire (UCQ) – Uniform Contracting Questionnaire (UCQ) – ConstructionConstruction

Standard Vendor Responsibility Questionnaire Standard Vendor Responsibility Questionnaire (SVRQ) – Design/CM Services(SVRQ) – Design/CM Services

Original SignatureOriginal Signature Procurement Lobbying ActProcurement Lobbying Act Disclosure, Affirmation, and Certification FormsDisclosure, Affirmation, and Certification Forms OSC ReviewOSC Review

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Procurement Lobbying ActProcurement Lobbying Act Regulates contacts made by “offerers” during the Regulates contacts made by “offerers” during the

“restricted period”“restricted period”

An An “offerer”“offerer” is a vendor, a vendor’s employee, is a vendor, a vendor’s employee, agent, consultant, or anyone acting on behalf of a agent, consultant, or anyone acting on behalf of a vendor, who contacts the Fund during the vendor, who contacts the Fund during the “restricted period” “restricted period”

TheThe “restricted period” “restricted period” begins when a procurement begins when a procurement is first advertised in the Contract Reporter or other is first advertised in the Contract Reporter or other publication and ends with the final contract award and publication and ends with the final contract award and approval by the Office of the State Comptrollerapproval by the Office of the State Comptroller

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Procurement Lobbying Act Procurement Lobbying Act Impermissible ContactsImpermissible Contacts

A A contact made by an offerer during the restricted contact made by an offerer during the restricted period,period,

To someone other than the Fund’s designated points of To someone other than the Fund’s designated points of contact, andcontact, and

Under circumstances that would allow a reasonable Under circumstances that would allow a reasonable person to infer that the contact was intended to person to infer that the contact was intended to influence the procurement. influence the procurement.

Impermissible contacts can be made in person, by Impermissible contacts can be made in person, by telephone or e-mail, in written correspondence, or any telephone or e-mail, in written correspondence, or any other form of communication. other form of communication.

The Fund’s designated points of contact are included in The Fund’s designated points of contact are included in bid solicitations and on the Fund’s website. bid solicitations and on the Fund’s website.

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Procurement Lobbying Act Procurement Lobbying Act PenaltiesPenalties

First impermissible contactFirst impermissible contact Offerer will be found to be a non-responsible bidder,Offerer will be found to be a non-responsible bidder,

Offerer will not be awarded the contract, andOfferer will not be awarded the contract, and Offerer’s name will be placed on a public list of non-Offerer’s name will be placed on a public list of non-

responsible biddersresponsible bidders

Second impermissible contactSecond impermissible contact Made within four years of first non-responsibility Made within four years of first non-responsibility

determinationdetermination Offerer will be debarred from all state procurement Offerer will be debarred from all state procurement

contracts for a four-year period measured from the date of contracts for a four-year period measured from the date of the second violationthe second violation

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Procurement Lobbying Act Procurement Lobbying Act Permissible Subject MatterPermissible Subject Matter

Factual exchanges of information are generally Factual exchanges of information are generally not considered contacts, e.g.,not considered contacts, e.g.,

When is the bid dueWhen is the bid due Where is the bid dueWhere is the bid due Request for pages missing from the RFPRequest for pages missing from the RFP Written questions as part of a Q&A processWritten questions as part of a Q&A process Bid conference participationBid conference participation Award review requestAward review request Written complaintWritten complaint Negotiation of terms after awardNegotiation of terms after award

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Vendor ResponsibilityVendor ResponsibilityCommon Mistakes Common Mistakes

Read and answer all the questions; submit a Read and answer all the questions; submit a complete form complete form Owners, corporate officers, shareholders, and Owners, corporate officers, shareholders, and affiliatesaffiliates UCQ – full dates of birthUCQ – full dates of birth OSHA violations – serious and willfulOSHA violations – serious and willful Explanations for Yes answers in UCQ/SVRQ Explanations for Yes answers in UCQ/SVRQ Question 17 SVRQ (Financial Resources)Question 17 SVRQ (Financial Resources)

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Integrity HotlineIntegrity Hotline

Available to Fund employees, vendors and Available to Fund employees, vendors and campusescampuses

(866) 543-8107 or (518) 320-1290(866) 543-8107 or (518) 320-1290 Anonymous or confidentialAnonymous or confidential No Caller IDNo Caller ID Available 24/7Available 24/7

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SUCF Contact InformationSUCF Contact Information

General Manager’s Office - General Manager’s Office - (518) 320-1502 Procurement Office - Procurement Office - (518) 320-1639 MWBE Opportunities - MWBE Opportunities - (518) 320-1673 Corporate Integrity -Corporate Integrity - (518) 320-1525

HotlineHotline – (866) 543-8107 or (518)-320-1290

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SUCF Contact InformationSUCF Contact Information Design and Construction - Design and Construction - (518) 320-3200 Program Management - Program Management - (518) 320-1770 Counsel’s Office - Counsel’s Office - (518) 320-1746

www.sucf.suny.eduwww.sucf.suny.edu