4-OP-B-11-C2 Construction Manager Selection Process

Responsible Executive: Vice President for Finance and Administration

Approving Official: Vice President for Finance and Administration

Effective Date: April 8, 2019

Last Revision Date: 01/01/2014

INTRODUCTION
1. This policy provides guidelines for the selection of Construction Managers.
POLICY
1. This procedure provides the guidelines for selecting Construction Managers (CMs) for Florida State University construction projects. It describes conditions for use of construction management, development of Selection Committee, advertisement for services, development of a Shortlist, and the interview process.
  1. CONDITIONS OF USE FOR CONSTRUCTION MANAGEMENT
    1. The criteria to be used in determining which projects are candidates for construction management are:
      1. Whether the size of the Project is sufficiently large and/or complex to require major emphasis on the qualification of the CM to have specific expertise in performing highly specialized cost estimating, value engineering, and scheduling during the design process with continuity of construction management through both the design and construction phases;
      2. Whether the initial construction funding is appropriated and construction is begun with the expectation of substantial appropriations in subsequent years, thereby making it advantageous to retain a single CM for the duration of the Project;
      3. Whether the Project is an alteration of an occupied facility which requires working around or relocating occupants while keeping the facility fully operational, or;
      4. Whether the Project is a repair or renovation where conditions requiring correction cannot be determined and specified without extensive contractor involvement in the removal and examination process during the design phase.
      5. Whether the timely completion of the Project is critical to the University’s ability to repay debt service or to meet grant obligations. In addition to these criteria, each Major Project for which construction management services are requested must have an Approved Facilities Program which addresses the aspects of the Project that indicate a need for construction management and budget implications of construction management. Adequate funding for preconstruction construction management fees must be available during the planning phase and must be considered when planning funds are requested for appropriation.
  2. SUMMARY OF CONSTRUCTION MANAGEMENT APPROACH
    1. The Construction Manager should be selected during the schematic design phase of the project and made an integral part of the design team. The timing for actions required by these procedures is based on Construction Manager selection during the schematic design phase. However, if the Construction Manager is selected at another time, appropriate adjustments must be made. The President shall award and execute Construction Management Contracts.
    2. Contracts for construction management services consist of two phases. The first phase of the Contract is for preconstruction services, wherein the Construction Manager functions as an agent of the Owner, is paid a fixed fee for services performed, and is an integral part of the design team. Preconstruction services shall include value engineering, scheduling, constructability analyses, etc., and the development of a Guaranteed Maximum Price (GMP). If the GMP is accepted, the second phase (the construction phase) is implemented. During the construction phase, the Construction Manager ceases to be an agent of the Owner, becomes the single point of responsibility for performance of the Construction Contract for the Project, and functions in the role of an independent contractor, publicly bidding trade contracts.
  3. FORMATION OF SELECTION COMMITTEE
    1. A Construction Manager Selection Committee (Committee) should be formed simultaneously with the formation of the Architect/Engineer Certification and Selection Committee. The project Architect/Engineer may attend the selection meetings in an advisory capacity, at the Committee’s discretion.
    2. The committee shall:
      1. Review the standard criteria listed on the Construction Manager Qualifications Supplement (CMQS) form (Forms section). Based on unique requirements of the Project, the Committee may add up to three additional selection criteria to the CMQS form. The Committee reviews weight factors to be applied to each of the categories on the Construction Manager Shortlist Worksheet (Forms section) and revises those factors, as necessary, according to the needs of the Project.
      2. Determine construction manager criteria for interview questions (Forms section).
      3. Review the standard reference check questions (Forms section) and add additional questions pertaining to the unique requirements of the Project, if necessary.
  4. ADVERTISEMENT
    1. The University places an advertisement for construction management services in the Florida Administrative Register (FAR), as described in Florida State University Policy OP-B-11-A, Advertisements for Architect/Engineer, Construction Manager Services, Design Build Services, and Call for Bids. The advertisement shall provide information regarding the Project and direct the Applicants to contact the University for the application forms and additional Project information.
  5. PREPARATION OF CMQS FORM
    1. The University develops the CMQS form (Forms section) for the Project, including any revisions requested by the Committee. The bonding information on the first page is to be completed by referring to the Section B-14 of the Project Manual. If three additional questions are not included as Questions 12-14, Questions 15 and 16 are renumbered. The information in Question 16, b-iv, must be completed in accordance with the FAR advertisement.
  6. INFORMATION POSTED TO WEB PAGE
    1. When the advertisement is submitted for publication in the FAR, a copy of the ad, the Project Fact Sheet and the CMQS form are posted to the Facilities Design & Construction web site. The Project Fact Sheet shall be generally in the form as that for Architect/Engineer selection (see Florida State University Policy OP-B-11-C1, Architect/Engineer Selection Process.)
  7. DEVELOPMENT OF SHORTLIST
    1. After receipt of submittals, copies are provided to each Committee member. They are reviewed for completeness by the Project Manager or designee, and irregularities are documented for the Committee. The Project Manager or designee also provides the Committee with the past performance ratings for the Applicant firms. Committee members enter these ratings on their Construction Manager Shortlist Worksheets (Forms section).
    2. After review, the Committee convenes to develop the Shortlist. The Committee members individually evaluate the Applicant firms and determine a score for each category on the Construction Manager Shortlist Worksheet (except for “Past Performance” which is provided by the Project Manager). Each Committee member ranks the firms and this information is recorded on the Shortlist Proposal Worksheet (Forms section), avoiding ties. The firms with the lowest total rank points will be short- listed for interview. Total rank points and shortlist rank are entered on the Construction Manager Selection Evaluation Form A (Forms section) and signed by each member of the Selection Committee. The Shortlist is no fewer than three and no more than five firms. For a project having three or fewer Applicants, each firm is included on the Shortlist. (Rank established on the Shortlist portion of the selection is only considered in the interviews in the event of a tie.) If the Project Architect/Engineer was involved in the Shortlist process, his/her recommended rank is noted for information.
  8. REFERENCE CHECKS
    1. The Committee determines the references to be checked for the firms to be interviewed and designates a person to conduct the reference checks. Reference checks should be made from among those references provided for projects on which members of the proposed team were involved. Reference checks are documented using the Construction Manager Reference Check form (forms section) and presented to the Selection Committee for its consideration in scoring the interviews. Please provide a current phone number and email address for the project owner/contact.
  9. NOTIFICATION OF APPLICANTS
    1. Shortlist results are posted on the FDC website. The posted notification is to include the following statement: “Failure to file a protest within the time prescribed in Chapter 120, Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.” The university sends the firms which were short listed the following: a description of the interview requirements; a copy of the standard FSU Construction Management Agreement; the time, date, and location of the interview; and, the length of time allotted for the interview and for questions and answers. Each firm will be requested to provide the committee one hard copy each, and one electronic copy of its presentation at the conclusion of the interview.
  10. ORAL PRESENTATIONS
    1. Interviews for the selection of a Construction Manager should be held as soon as possible after the Architect/Engineer selection. A member of the Committee introduces the voting members and the visitors present. Once an Applicant has begun the presentation, the door will be closed to minimize interruptions to the Applicant’s presentation. Applicants are rated in the following areas:
      1. Understanding of the Program and Project Requirements: The Applicants are evaluated on their understanding of the requirements and needs of the Project as demonstrated by their project teams. Applicants are rated on the completeness of their understanding of the factors that are unique to the Project, including the thoroughness demonstrated in analyzing and investigating the scope of the Project and in preparing for the interview. The score range is 0-20.
      2. Approach and Method: Applicants are evaluated on their (and their consultants', if any) proposed methods and approaches for preconstruction services, construction staging, scheduling, quality control, safety, coordination, and administration of the Project. Applicants should be asked to identify by name the key personnel of their proposed team: Project Executive, Project Manager, Estimator, Superintendent, and other key staff members to be assigned to the job. The score range is 0-20.
      3. Ability to Provide Service: Applicants are evaluated on their ability to meet the Owner's required timetable and to provide for the special or unique requirements of the Project including a projected time line of activities through Project completion. The Applicants should be asked to discuss their ability to fulfill each particular Project requirement and to describe all other projects on which team members are currently involved. Results of the reference checks will be considered in this category. The score range is 0-20.
  11. QUESTION AND ANSWER PERIOD
    1. Following each presentation, a period of time may be set aside for the Committee to ask questions.
  12. COMMITTEE RECOMMENDATION
    1. The Architect/Engineer should be encouraged to attend the oral presentations. The Architect/Engineer's ranking should be noted as information. Immediately following the conclusion of the interviews, the Selection Committee should ask for input from user representatives who attended the interviews, which the Committee may consider in developing their scores. The Committee discusses the presentations. Committee members individually evaluate the firms based on the Construction Manager interview criteria, using the Construction Manager Selection Interview Worksheet (Forms section). Based on their individual scores, Committee members rank the interviewed Applicants. The individual ranks are added to obtain the Committee score for each of the firms interviewed. The firm with the lowest total score is the firm listed first, etc. In case of a tie, the shortlist rank breaks the tie. If the shortlist rank was tied, the firm with more total points from Construction Manager Selection Evaluation Form “A” (Forms section) breaks the tie. The Committee’s total rank points and final recommended rank are entered on Construction Manager Selection Evaluation Form “B” (Forms section), which must be signed by all Committee members.
  13. APPROVAL OF COMMITTEE RECOMMENDATION
    1. The Committee chairman submits the Committee's recommendation to the President for approval. The Committee shall not divulge its recommendation to anyone prior to approval of the Committee’s recommendation by the University President or designee.
  14. NOTIFICATION OF INTERVIEWED FIRMS
    1. Upon approval by the President, the selection and results are posted on the FDC website. The posted notification must include the following statement: “Failure to file a protest within the time prescribed in Chapter 120, Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.”
  15. MAINTENANCE OF SELECTION RECORDS
    1. The completed original Construction Manager Selection Evaluation Forms “A” and “B” (Forms section), related correspondence, notes kept by Committee members throughout the selection, and the proposals of the Applicant firms are filed electronically. The Selection Committee may reject all proposals and may stop the selection process at any time.
LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
- Sections 1001.74(28), 1013.46, F. S.