ECSN and WAAC CMR RFP 20260810 V.5.pdf

University of Texas at Dallas

Request for Proposal (RFP) for

Construction Manager-at-Risk

Engineering and Computer Science North /

Waterview Academic and Administration Center

RFP# UTD20260811-TB

Issued September 4, 2026

Submittal Deadline: October 16, 2026, 2:00 PM CDT

Prepared by:

Tonya Bester, Senior Buyer

The University of Texas at Dallas

Office of Budget & Finance – Procurement Management

TABLE OF CONTENTS

Section 1 - General Information & Requirements

1.1 General Information

1.2 Public Information

1.3 Type of Contract

1.4 Clarifications and Interpretations

1.5 Submission of Proposal

1.6 Point-Of-Contact

1.7 Evaluation of Proposal

1.8 Owner’s Reservation of Rights

1.9 Acceptance of Evaluation Methodology

1.10 No Reimbursement for Costs

1.11 Pre-Submittal Conference

1.12 Eligible Respondents

1.13 Historically Underutilized Business

Submittal Requirements

1.14 Certain Proposals and Contracts Prohibited

1.15 Sales and Use Taxes

1.16 Certification of Franchise Tax Status

1.17 Required Notices of Worker’s

Compensation Insurance Coverage

1.18 Prevailing Wage Rate Determination

1.19 Delinquency in Paying Child Support

1.20 Certification Required by Texas Governor

Executive Order GA-48

Section 2 - Executive Summary

2.1 Historical Background

2.2 Mission Statement

2.3 Project Description, Scope and Budget

2.4 Facility Program

2.5 Project Planning Schedule

2.6 Owner’s Special Conditions

Section 3 - Requirements for Proposal

3.1 Respondent’s Statement of Qualifications

and Availability to Undertake the Project

3.2 Respondent’s Pre-Construction Phase

Services for this Project

3.3 Respondent’s Construction Phase Services

and Project Execution Plan for this Project

3.4 Respondent’s Qualifications and Past

Performance on Representative CM-R

Projects

3.5 Respondent’s Past Performance on UT

Dallas Projects

3.6 Respondent’s Estimating and Cost Control

Measures for this Project

3.7 Respondent’s Project Planning and

Scheduling for this Project

3.8 Respondent’s Quality Control and

Commissioning Program for this Project

3.9 Respondent’s General Understanding of the

UT System CM-R Agreement

3.10 Respondent’s Warranty and Service Support

Program for this Project

3.11 Execution of Offer

3.12 Respondent’s Fees and Delivery Proposal

Section 4 - Format for Proposals

4.1 General Instructions

4.2 Page Size, Binding, Dividers and Tabs

4.3 Table of Contents

4.4 Pagination

Section 5 - Attachments to the RFP

5.1 Agreement Between the Board of Regents, The University of Texas System, Owner, and Construction Management at Risk with associated Exhibits

REQUEST FOR PROPOSALS FOR

CONSTRUCTION MANAGER-AT-RISK

THE UNIVERSITY OF TEXAS AT DALLAS

ECNS HEATING WATER SYSTEM & WATERVIEW ACADEMIC & ADMIN CENTER

RFP No.: UTD20260811-TB

SECTION 1 – GENERAL INFORMATION & REQUIREMENTS

1.1 GENERAL INFORMATION: The University of Texas at Dallas (“Owner”) is soliciting proposals

(“Proposals”) for selection of a Construction Manager at Risk firm for the Waterview Academic and Administration Center/Engineering and Computer Science North Projects (“Project”), in accordance with the terms, conditions, and requirements set forth in this Request for Proposals.

1.1.1 This Request for Proposals (“RFP”) is the first step in a two-step process for selecting

Construction Manager at Risk firms for the Projects as provided by Texas Education Code

§51.782(e). The RFP provides the information necessary to prepare and submit Proposals including fee proposals and general conditions prices. The Owner will rank the Proposals in the order that they provide the “best value” for the Owner based on the published selection criteria and on the ranking evaluations.

1.1.2 In the second step of the process, Interviews, the “most” qualified respondents will be requested to attend an interview with the Owner to confirm their Proposal and answer additional questions. The Owner will then rank the remaining “most” qualified respondents in order to identify a “best value” to the Owner. During this step, constructions drawings will be made available to the most qualified respondents.

1.2 PUBLIC INFORMATION: All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter

552.001, et seq.) after the solicitation is completed.

1.2.1 The Owner strictly complies with all statutes, court decisions, and opinions of the Texas

Attorney General with respect to disclosure of RFP information.

1.3 TYPE OF CONTRACT: Any contract resulting from this solicitation will be in the form of the

Owner’s Standard Construction Management at Risk Agreement, a copy of which is attached to this RFP in the Bonfire platform.

1.4 CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the Owner as an Addendum. It is the responsibility of all respondents to obtain this information in a timely manner. All such

Addenda issued by the Owner before the proposals are due as part of the RFP, and respondents shall acknowledge receipt of each Addendum to the RFP and/or the Bid Documents in its Proposal.

1.4.1 Addenda may be issued by the Point-of-Contact for this RFP via the UT DALLAS web site

NOTED below.

https://utdallas.bonfirehub.com/portal/?tab=openOpportunities https://utdallas.bonfirehub.com/portal/?tab=openOpportunities

1.4.2 No oral explanation in regard to the meaning of the Bidding Documents will be made and no oral instructions will be given before the award of the contract. Any interpretation made will be in the form of an Addendum, which will be forwarded to all known downloaders and its receipt by the respondent shall be acknowledged on the Pricing and Delivery Proposal Form.

1.5 SUBMISSION OF PROPOSALS:

1.5.1 DEADLINE AND LOCATION: Proposals are due prior to the date and time noted below via the Bonfire link listed in 1.4.1.

Via Bonfire October 16, 2026, at 2:00 PM CST

UT Dallas will accept Qualifications and VetHUB Subcontracting Plans only through electronic submission in Bonfire. All submissions must be received in Bonfire by the specified due date and time.

Please be aware that these files may be printed by the Owner.

Please limit your file size to 15 GB per file and follow File Naming Protocol as under:

• File Name: CompanyName_RFP_Response

• For First Name: First Name of Respondent’s Contact Person

• For Last Name: Last Name of Respondent’s Contact Person.

Please do not use these characters in the file name ~ " # % & * : < > ? / \ { | }.

If any file cannot be successfully uploaded on first attempt, try again. If there is a system error on second attempt, contact Bonfire Support or the Point-of-Contact identified in

Section 1.6 of this RFP.

Qualifications shall be addressed to the Point-of-Contact identified in 1.6 of this RFP. Late submission of Qualifications will not be accepted. During these forthcoming electronic

RFP submissions, The University of Texas at Dallas cannot be held responsible for all possible contingencies. In the event the Respondent has any issues with connectivity and/or technology, The University of Texas at Dallas reserves the right to proceed with the selection of a Construction Manager at Risk Contractor.

After the HSP’s are received (refer to 1.5.3) and deemed responsive by the University of

Texas at Dallas, then all properly submitted Qualifications will be considered.

1.5.2 Submit electronically via Bonfire of the VetHUB Subcontracting Plan as a separate attachment to the Proposal.

1.5.3 Late proposals will not be accepted.

1.5.4 Proposals must be submitted electronically via Bonfire only.

1.5.5 Properly submitted Proposals will be opened publicly, and the names of the Respondents and

Proposal Information will be read aloud via Microsoft Teams which will be scheduled following confirmation that Proposals have been properly submitted.

1.6 POINT-OF-CONTACT: The Owner designates the following person, as its representative and Point-of-Contact for this RFP. Respondents shall restrict all contact with the Owner and submit all questions regarding this RFP via Bonfire.

Tonya Bester

University of Texas at Dallas

Email: tonya.bester@utdallas.edu

1.7 EVALUATION OF PROPOSAL: The evaluation of the Proposals shall be based on the requirements described in this RFP and on the Respondent’s actual Pre-Construction Phase Fee, Construction Phase

Fee, General Conditions and other requirements as described in this RFP. All properly submitted

Proposals will be reviewed, evaluated, and ranked by the Owner. The top five or fewer ranked respondents may be selected by the Owner to participate in step two of the selection process.

1.8 OWNER’S RESERVATION OF RIGHTS: The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Projects. The Owner reserves the right to divide the Projects into multiple parts, to reject any and all Proposals and re-solicit for new Proposals, or to reject any and all Proposals and temporarily or permanently abandon the Projects. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.9 ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposal in response to this RFP, respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” firms will require subjective judgments by the Owner.

1.10 NO REIMBURSEMENT FOR COSTS: Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RFP shall be at the sole risk and responsibility of the respondent.

1.11 PRE-SUBMITTAL CONFERENCE/SITE VISIT: A pre-submittal conference and site visit will be held at the time and location described below.

September 18, 2026, at 8:00 AM local time. The University of Texas at Dallas Facilities

Management Offices, FM - Training Room [1.502]

Attendance at the pre-submittal conference is optional.

1.12 ELIGIBLE RESPONDENTS: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) The Owner will contract only with the individual firms or formal organizations that submit a Proposal.

1.13 VETERAN HEROES UNITED IN BUSINESS SUBMITTAL REQUIREMENTS: It is the policy of The University of Texas at Dallas, to promote and encourage contracting and subcontracting opportunities for Veteran Heroes United in Business (VetHUB) in all contracts. Accordingly, UT

Dallas has adopted Exhibit H, Policy on Utilization of VetHUB companies (See attached). The

Policy applies to all contracts with an expected value of $100,000 or more. If UT Dallas determines that subcontracting opportunities are probable, then a VetHUB Subcontracting Plan is a required element of the Qualifications. Failure to submit a required VetHUB Subcontracting Plan will result in rejection of the Qualifications. Proposers that fail to submit the HSP will be considered non-responsive to this RFP as required by §2161.252, Government Code.

1.13.1 STATEMENT OF PROBABILITY: The University of Texas at Dallas, has determined that subcontracting opportunities are probable in connection with this procurement solicitation.

Therefore, a VetHUB Subcontracting Plan is required as a part of the Respondent's

Qualifications. The Respondent shall develop and administer a Subcontracting Plan as a part of the Respondent's Qualifications in accordance with the Policy on Utilization of VetHUB companies, Exhibit H.

1.13.2 Refer to Section 5, Exhibit H, Policy on Utilization, VetHUB (attached) and the Summary of

Requirements for a detailed list of attachments required with the Qualifications.

1.13.3 The “Statement of Probability” determines the probability for subcontracting opportunities.

This determination will clarify which attachments, detailed in Figure 1, will be required to be completed and returned.

1.14 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED: Under Section 2155.004, Texas

Government Code, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the proposal or contract is based. All vendors must certify their eligibility by acknowledging the following statement, "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. This section does not create a cause of action to contest a proposal or award of a state contract.

1.15 SALES AND USE TAXES: Section 151.311, Tax Code, as amended effective October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include The University of Texas System. The section further permits the purchase tax-free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract."

1.16 CERTIFICATION OF FRANCHISE TAX STATUS: Respondents are advised that the successful respondent will be required to submit certification of franchise tax status as required by State Law

(H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The contractor agrees that each subcontractor and supplier under contract will also provide a certification of franchise tax status.

1.17 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE: The

Texas Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to REPORTING REQUIREMENTS FOR BUILDING OR CONSTRUCTION PROJECTS FOR

GOVERNMENTAL ENTITIES. The rule applies to all building or construction contracts advertised for bid on or after September 1, 1994. The rule implements sec. 406.096, Texas Labor

Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the rule are set forth in Article 6 of the Uniform General Conditions.

1.18 PREVAILING WAGE RATE DETERMINATION: Respondents are advised that the Texas

Prevailing Wage Law will be administered in accordance with the policies and procedures set forth in the U. T. System document, entitled "Prevailing Wage Guidelines." A copy is attached to the

Special Conditions. The penalty for violation of prevailing wage rates has been increased from

$10.00 per underpaid worker per day or portion thereof to $60.00.

1.19 DELINQUENCY IN PAYING CHILD SUPPORT: Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

1.20 CERTIFICATION REQUIRED BY TEXAS GOVERNOR EXECUTIVE ORDER GA-48:

Pursuant to Executive Order GA-48 of the Governor of Texas effective November 19, 2024, Contractor certifies that it and, if applicable, any of its holding companies or subsidiaries, is not:

a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

b. Listed in Section 1260H of the 2021 NDAA; or

c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4; or

d. Controlled by any governing or regulatory body located in a country on the U.S.

Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4.

[NOTE: Executive Order GA 48 states that a public institution of higher education cannot enter into a new contract, contract extension, or contract renewal for a good or service with any company that meets any of the above-listed criteria. However, if the public institution of higher education can sufficiently demonstrate that (a) the good or service is necessary for the institution of higher education to fulfill a core function that directly benefits Texans and (b) the good or service can only be provided by an entity that meets one of the above-listed criteria, then the public institution of higher education may enter into a new contract, contract renewal, or contract extension with such an entity for no more than one year from November 19, 2024, and never thereafter.]

SECTION 2 – EXECUTIVE SUMMARY

2.1 HISTORICAL BACKGROUND:

https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgov.texas.gov%2Fuploads%2Ffiles%2Fpress%2FEO-GA-48_Hardening_State_Government_FINAL_11-19-2024.pdf&data=05%7C02%7Cccarson%40utsystem.edu%7C33aa21b9aa584d147fee08dd6e081080%7C61399d5f249c44d0b271adc287f323ff%7C0%7C0%7C638787703102029143%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=ikJm9WPw7ycdySdA7vwLM5soL%2BE5evz4spqIKUx26k8%3D&reserved=0

The University of Texas at Dallas was created in 1969 on the foundation of the Graduate Research

Center of the Southwest, a center for advanced studies established in 1961 by the founders of Texas

Instruments. The University grew in a top-down manner, first offering doctoral and master’s degrees, and then accepting junior and senior undergraduate students in 1976. UT Dallas was expanded in 1990 to enroll freshman and sophomore students.

UT Dallas has two parallel missions: a mandate to achieve preeminence in undergraduate math, science and engineering education in north Texas, as well as continuing its traditional role of providing ongoing professional education to local adult students. As the student population of UT

Dallas expands (currently approximately 29,500), the campus is changing to meet student needs.

Many U. T. Dallas students are married, have a family, and work full time. More than 30 percent are graduate students.

Academics are an integral part of the institution's heritage. Beginning with space sciences, geosciences, and biological sciences at UT Dallas’ predecessor institution, the Southwest Center for Advanced Studies, the University has extended its research program into the arts and humanities, engineering and computer science, general studies, human development, management, natural sciences and mathematics, and social sciences. Freshman admission standards, set by the

State Legislature, are among the highest in the U. T. System as UT Dallas continues to stress a rigorous and demanding curriculum for all its students.

2.2 MISSION STATEMENT:

The University of Texas at Dallas provides the State of Texas and the nation with excellent, innovative education and research. The University is committed to graduating well-rounded members of the global community whose education has prepared them for rewarding lives and productive careers in a constantly changing world; to continually improving educational and research programs in the humanities, arts, sciences, engineering and management; and to assisting the commercialization of intellectual capital generated by students, staff and faculty.

2.3 PROJECT DESCRIPTION, SCOPE AND BUDGET:

The Projects will consist of selecting a Construction Manager at Risk to provide services at the

Engineering and Computer Sciences North (ECSN) building and the Waterview Academic and

Administration Center (WAAC). The scope of work for ECSN will include improving and replacing hot water heating system piping, replacing ceiling tiles, and miscellaneous painting at

ECSN building which would all be classified as Deferred Maintenance. Due to the nature of ECSN being an active teaching classroom facility with laboratory spaces, the improvement work shall be completed in phases. UT Dallas is working to confirm the phasing of the work which is anticipated to be subdivided into five separate sections of the building, floor, or a combination of floor and section. The replacement of the hot water heating system shall progress in a manner that is best suited for end users with minimal disruptions. WAAC will include complete overhaul of existing

Central Utility Plant, make safe of shell spaces, and complete finish out of elevator lobby areas and restrooms. The successful CMR shall manage both projects and prioritize based on operational needs.

The Construction Managers at Risk will be responsible for preparing, for review and approval, a minimum of two Guaranteed Maximum Price (GMP) proposals as the individual project scopes are defined, with a separate GMP anticipated for each defined scope of work. Construction Manager’s

Budget for the ECSN facility is anticipated to be $8,000,000 while the WAAC facility is anticipated to be $12,000,000. Advanced work packages following execution of each GMP are to be expected.

Anticipated “Make Ready” packages may include, but are not limited to, selective demolition, preliminary investigations, enabling work, long-lead procurement, and early infrastructure modifications.

2.4 FACILITY PROGRAM: Intentionally Omitted.

2.5 PROJECT PLANNING SCHEDULE: Key Project planning schedule milestones are:

▪ Owner receives Request For Proposals Refer to Section 1.5

▪ Owner conducts Pre-Submittal Conference Refer to Section 1.11

▪ Owner interviews Respondents (if applicable) November 17, 2026

▪ Owner executes Agreement December 10, 2026

▪ Issuance of 100% Complete Construction Documents January 11, 2027

▪ CMR submits initial GMPs to Owner February 11, 2027

▪ Issue For Construction Documents March 11, 2027

▪ Owner issue NTP April 9, 2027

▪ Substantial Completion April 9, 2029

2.6 OWNER’S SPECIAL CONDITIONS: THE Owner requires full compliance with specification

Division 0: Contract Requirements and Division 1: General Requirements. These specifications shall be a part of the Agreement (attached).

SECTION 3 – REQUIREMENTS FOR PROPOSAL

Respondents shall carefully read the information contained in the following criteria and submit a complete response to all questions in Section 3 formatted as directed in Section 4. Incomplete responses will be considered non-responsive.

3.1 CRITERION ONE: RESPONDENT’S STATEMENT OF QUALIFICATIONS AND

AVAILABILITY TO UNDERTAKE THE PROJECT (Maximum of two (2) printed pages per question)

3.1.1 Provide a statement of interest for the Project including a narrative describing the respondent’s unique qualifications as they pertain to this particular Project.

3.1.2 Provide a statement on the availability and commitment of the respondent, its principal(s) and assigned professionals to undertake the Project.

3.1.3 Provide the Respondent’s day to day contact information for this procurement opportunity.

Include full name, business title, email address, and telephone number.

3.1.4 Provide the following information on your firm for the past five (5) fiscal years:

Volume

▪ Annual number, value and percent change of contracts in Texas per year;

▪ Annual number, value and percent change of contracts nationally per year;

Revenues

▪ Annual revenue totals and percent change per year;

Bonding

▪ Total bonding capacity;

▪ Available bonding capacity and current backlog;

3.1.5 Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity? If so, please explain the impact both in organization and company direction.

3.1.6 Provide details of any past or pending litigation, or claims filed, against your firm that may affect your performance under a Contract with the Owner.

3.1.7 Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

3.2 CRITERION TWO: RESPONDENT’S PRE-CONSTRUCTION PHASE SERVICES FOR THIS

PROJECT

3.2.1 Describe your Construction Management and Execution Plan for providing Pre-Construction

Phase Services for this campus-wide program, including your approach to supporting multiple, independently defined scopes of work across various facilities; identifying and mitigating single points of failure; supporting phased work and advanced “Make Ready” packages; and developing, packaging, and presenting multiple Guaranteed Maximum Price (GMP) proposals for review and approval as scopes are established.

3.2.2 Confirm, in graphic form, the proposed team assignments, lines of authority, and communication protocols for providing Pre-Construction Phase Services across multiple facilities and scopes. Identify key personnel, their anticipated roles across concurrent efforts, and the estimated percentage of time each individual will be committed during the Pre-

Construction Phase.

3.2.3 Describe what you perceive to be the critical Pre-Construction issues for this campus-wide program, including coordination within occupied facilities, development and prioritization of scopes, system reliability and redundancy, phasing, long-lead procurement, schedule constraints, and budget control across multiple GMPs.

3.2.4 The Owner expects your Constructability Program to maintain the project budget without sacrificing quality, eliminate scope gaps and resolve discrepancies as well as assist in the development of prudent design solutions. Describe how your Constructability Program will meet these expectations and be reported in the form of reoccurring deliverables to the Owner and the Design Teams and their consultants during the Project.

3.3 CRITERION THREE: RESPONDENT’S CONSTRUCTION PHASE SERVICES AND

PROJECT EXECUTION PLAN FOR THIS PROJECT

3.3.1 Describe your Construction Management and Execution Plan for providing Construction

Phase Services across multiple facilities and concurrently executed scopes of work, including management of multiple GMPs, coordination within occupied buildings, and control of safety, quality, cost, and schedule.

3.3.2 Confirm, in graphic form, the proposed team structure, lines of authority, and communication protocols for Construction Phase Services, including how resources will be allocated across multiple facilities and scopes and the estimated percentage of time key personnel will dedicate to the program.

3.3.3 Describe what you perceive are the critical construction issues for this Project?

3.3.4 Describe your ability and desire to self-perform work on this Project, and the method for determining yourself as the “best value” through a competitive proposal process that complies with the Agreement Between Owner and Construction Manager at Risk.

3.3.5 Describe your approach for mitigating noise, vibration, dust, fume, and odor transmission into adjacent occupied spaces, floors, facilities, buildings, and properties.

3.3.6 Describe your approach to pre-planning and coordinating inspections and approvals with the

Owner’s work force and consultants.

3.3.7 Describe your approach to pre-planning and coordinating inspections and approvals with the

Owner’s work force/consultants and other AHJ entities, including but not limited to, Texas

Department of Licensing and Regulation regarding conveying systems and TAS inspections, State Fire Marshall regarding fire / life safety systems, etc.

3.3.8 Provide the name of the Project Management System you will utilize for construction, as required by the Owner’s Special Conditions.

3.3.9 Provide any other details regarding special services, products, advantages, or other benefits offered to the Owner by the Respondent that are included as part of this Proposal. If any of the special services, products, advantages, or other benefits are in “addition to” clearly state which items are an additional service to the Proposal.

3.4 CRITERION FOUR: RESPONDENT’S QUALIFICATIONS AND PAST PERFORMANCE ON

REPRESENTATIVE CM-R PROJECTS

3.4.1 Describe your management philosophy for the Construction Manager at Risk construction delivery method. Describe your management philosophy for the Construction Manager at

Risk delivery method as applied to campus-wide, multi-project programs.

3.4.2 Provide resumes of the Construction Manager at Risk team for Pre-Construction and

Construction Services that will be directly involved in the Project, including their experience with similar projects, the number of years with the firm, and their city(s) of residence.

3.4.3 Identify and describe the proposed Team’s past experience for providing Construction Manager at Risk Services that are MOST RELATED TO THIS PROGRAM prioritizing campus-wide, infrastructure, or multi-scope efforts within the last five (5) years. List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

▪ Project name, location, contract delivery method, and description

▪ Color images (photographic or machine reproductions)

▪ Final construction cost

▪ Final project size in gross square feet

▪ Type of construction (new, renovation, or expansion)

▪ Actual Notice To Proceed for Pre-Construction Services

▪ Actual Notice To Proceed, Substantial Completion, and Final Payment dates for

Construction Services

▪ Name of Project Manager (individual responsible to the Owner for the overall success of the project)

▪ Name of Project Superintendent (individual responsible for coordinating the day to day work)

▪ Names of Mechanical, Plumbing and Electrical subcontractors

References (for each project listed above, identify the following):

▪ The Owner’s name and representative who served as the day-to-day liaison during the design and construction phases of the project, including telephone number

▪ Architect/Engineer’s name and representative who served as the day-to-day liaison during the construction phase of the project, including telephone number

▪ Length of business relationship with the Owner.

References shall be considered relevant based on specific project participation and experience with the Respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFP process.

3.4.4 Identify any consultants that are included as part of the proposed team, their role related experience for this Project. List projects for which the consultant(s) has worked with the respondent.

3.5 CRITERION FIVE: RESPONDENT’S PAST PERFORMANCE ON THE UNIVERSITY OF

TEXAS AT DALLAS PROJECTS

3.5.1 Identify and describe the proposed Team’s past experience for providing Construction

Management at Risk Services on University of Texas System projects within the last five (5) years.

If the respondent has not previously provided Construction Manager at Risk services for The

University of Texas System, then identify and describe the respondent’s past performance on

Construction Manager at Risk projects for “major” institutions of higher education (or similar) within the last five (5) years.

In either case above, provide the following information for each project listed:

▪ Project name, location, contract delivery method, and description

▪ Color images (photographic or machine reproductions)

▪ Final construction cost

▪ Final project size in gross square feet

▪ Type of construction (new, renovation, or expansion)

▪ Actual Notice To Proceed for Pre-Construction Services

▪ Actual Notice To Proceed, Substantial Completion, and Final Payment dates for

Construction Services

▪ Name of Project Manager (individual responsible to the Owner for the overall success of the project)

▪ Name of Project Superintendent (individual responsible for coordinating the day to day work)

▪ Names of Mechanical, Plumbing and Electrical subcontractors

3.6 CRITERION SIX: RESPONDENT’S ESTIMATING AND COST CONTROL MEASURES FOR

THIS PROJECT

3.6.1 Identify the proposed Pre-Construction and Construction Phase Services cost estimating resources (i.e., hardware, software etc.) to be used on this Project. Identify the Pre-

Construction and Construction Phase cost estimating tools, systems, and resources that will be used to support continuous estimating across multiple scopes and GMPs.

3.6.2 The Owner requires that the Construction Manager at Risk to provide continuous cost estimating throughout the project, with the ability to provide the Owner with the current anticipated project costs at any point during the design phases of the project, not just at the end of each phase. Describe your cost estimating approach and reporting methods to achieve this criteria.

3.6.3 Describe how you will work collaboratively with the Project Architect / Engineer and their consultants to reconcile construction cost estimates and report the efforts of the reconcilation process to the Owner.

3.6.4 Describe your plans and processes for vetting potential Change Proposals for legitimacy, contractual compliance, accuracy, and timeliness prior to notifying the Owner of the potential change and subsequently presenting Change Proposals for Owner review.

3.6.5 Describe your philosophy regarding Payment and Performance bonds required by the Owner on this project, and the bonds your firm requires of subcontractors.

3.7 CRITERION SEVEN: RESPONDENT’S PROJECT PLANNING AND SCHEDULING FOR

THIS PROJECT

3.7.1 Identify the specific resources (i.e., hardware, software, etc.) to be used on this Project with respect to Owner’s Project Planning and Scheduling Specification Section 01 32 00.

3.7.2 Describe your approach to developing, maintaining, and updating CPM schedules for multiple GMPs and phased scopes, including float management and milestone coordination.

3.7.3 Identify key schedule assumptions and strategies used to support flexibility and responsiveness across evolving scopes.

3.8 CRITERION EIGHT: RESPONDENT’S QUALITY CONTROL AND COMMISSIONING

PROGRAM FOR THIS PROJECT

3.8.1 Describe how the Commissioning Coordinator on your staff will work in conjunction with the

Owner’s commissioning authority, Owner’s inspectors, Owner’s test and balance firm, Authorities Having Jurisdiction, and the Project’s design team across multiple facilities and scopes.

3.8.2 Describe how quality will be measured, documented, and reported, and how non-conforming work will be identified and resolved prior to inspections and system testing.

3.8.3 Describe your implementation of a quality control process for this Project during the Design stage through completion of Construction Documents stage for independently defined scopes.

3.8.3 Describe how commissioning and closeout requirements will be implemented and tracked across phased and concurrent projects.

3.8.4 Describe how you intend to create, track, complete and close out punch lists for this Project.

Further describe after you have created your punch list for this Project how you then intend to incorporate the punch lists subsequently created by the Project’s design team and Owner’s consultants and how those items are then closed out as complete by those respective parties.

3.8.5 Outline the process you intend to utilize during construction for continuously maintaining accurate, professionally drafted electronic As Built / Record Documents for turn over to the design team and the Owner.

3.9 CRITERION NINE: RESPONDENT’S GENERAL UNDERSTANDING OF THE UT SYSTEM

CM-R AGREEMENT

3.9.1 Identify any terms of the Agreement that you will ask to change before signing The UT System

Construction Manager at Risk Agreement.

3.9.2 Provide a detailed list of all Pre-Construction Services and associated deliverables you will provide to the Owner and the Project Architect / Engineer and their consultants on this Project.

3.9.3 Provide a detailed list of all Construction Services and associated deliverables you will provide to the Owner and the Project Architect / Engineer and their consultants on this Project.

3.9.4 State your understanding of your obligations to pay trade contractors, suppliers, and vendors etc. on this Project.

3.9.5 Describe your understanding of the audit requirements.

3.9.6 Describe your understanding of the Agreement with respect to the Owner’s responsibility for payment of the GMP line items and costs within those line items.

3.9.7 In response to CRITERIA 9 of this RFP clearly identify any scope you have excluded from the

Allowable General Conditions Line Items as provided for in the Agreement Between Owner and Construction Manager-At-Risk, Exhibit “C” and state the reason for each item’s exclusion.

3.10 CRITERION TEN: RESPONDENT’S WARRANTY AND SERVICE SUPPORT PROGRAM

FOR THIS PROJECT

3.10.1 Describe your warranty service support philosophy and warranty service implementation plan for this Project.

3.10.2 Describe how you will measure the quality of service provided to the Owner for this Project.

3.10.3 State your understanding of the time allotted to promptly remedy defects once notified by the

Owner.

3.11 CRITERION ELEVEN: EXECUTION OF OFFER

NOTE TO RESPONDENTS: SUBMIT THE ENTIRE SECTION WITH RESPONSE.

THIS EXECUTION OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH THE

RESPONDENT'S QUALIFICATIONS. FAILURE TO COMPLETE, SIGN AND RETURN

THIS EXECUTION OF OFFER WITH THE QUALIFICATIONS MAY RESULT IN

REJECTION OF THE QUALIFICATIONS.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED QUALIFICATIONS OR

ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY

RESULT FROM THE SUBMISSION OF RESPONDENT’S QUALIFICATIONS, AND THE

RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS. A FALSE

CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT

OWNER'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT

OR PURCHASE ORDER.

3.11.1 By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for Qualifications and is not a contract or an offer to contract; (2) the submission of

Qualifications by Respondent in response to this RFP will not create a contract between the

Owner and Respondent; (3) the Owner has made no representation or warranty, written or oral, that one or more contracts with the Owner will be awarded under this RFP; and (4) Respondent shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP.

3.11.2 By signature hereon, Respondent offers and agrees to furnish to the Owner the products and/or services more particularly described in its Qualifications, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein.

3.11.3 By signature hereon, Respondent affirms that it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Qualifications.

3.11.4 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate

Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.

3.11.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or Owner represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section

15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the Qualifications made to any competitor or any other person engaged in such line of business.

3.11.6 By signature hereon, Respondent represents and warrants that:

3.11.6.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP;

3.11.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP;

3.11.6.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

3.11.6.4 Respondent understands (i) the requirements and specifications set forth in this RFP and

(ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;

3.11.6.5 Respondent, if selected by the Owner, will maintain insurance as required by the Contract;

3.11.6.6 All statements, information and representations prepared and submitted in response to this

RFP are current, complete, true and accurate. Respondent acknowledges that the Owner will rely on such statements, information and representations in selecting the successful

Respondent. If selected by the Owner as the successful Respondent, Respondent will notify the Owner immediately of any material change in any matters with regard to which

Respondent has made a statement or representation or provided information.

3.11.7 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s Qualifications.

3.11.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the

Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC

111.2.

3.11.9 By signature hereon, Respondent certifies as follows:

3.11.9.1 “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”

3.11.9.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”

3.11.9.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by

Respondent as a member of its team was selected based on demonstrated competence and qualifications only.”

3.11.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any University of Texas component, or Respondent has not been an employee of any University of Texas component within the immediate twelve (12) months prior to your RFP response. All such disclosures will be subject to administrative review and approval prior to the Owner entering into any contract with Respondent.

3.11.11 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. (ref. Section 2155.004

Texas Government Code).

3.11.12 Respondent represents and warrants that all articles and services quoted in response to this

RFP meet or exceed the safety standards established and promulgated under the Federal

Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.

3.11.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.

3.11.14 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of

Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s Qualifications.

3.11.15 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements, which may result from the submission of

Respondent’s Qualifications, will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.

3.11.16 By signature hereon, Respondent certifies that no member of the Board of Regents of The

University of Texas System, or the Executive Officers of the University of Texas System or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract.

3.11.17 Execution of Offer: RFP No. UTD20260811-TB

The Respondent must complete, sign and return this Execution of Offer as part of their submittal response. The Respondent’s company official(s) who are authorized to commit to such a submittal must sign submittals. Failure to sign and return this form will subject the submittal to disqualification.

Respondent’s Name:

Respondent’s State of Texas Tax Account No.:

(This 11 digit number is mandatory)

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Identify each person who owns at least 25% of the Respondent’s business entity by name:

(Name)

Submitted and Certified By:

(Respondent’s Name) (Title)

(Street Address) (Telephone Number)

(City, State, Zip Code) (Fax Number)

(Authorized Signature) (Date)

3.12 CRITERION TWELVE: RESPONDENT’S FEE AND DELIVERY PROPOSAL

Proposal of:

(Respondent’s Company Name)

To: Kevin Eltife, Chairman

The Board of Regents

The University of Texas System

Austin, Texas

Project Name: ECSN and WAAC Building System Renovations

RFP No.: _______________

Having carefully examined all the requirements of this RFP, the proposed form of Agreement, and any attachments to them, the undersigned proposes to furnish Construction Manager-At-Risk services as required for this Project on the following terms:

3.12.1 ESTABLISHMENT OF THE CONSTRUCTION MANAGER’S BUDGET LIMITATION:

USING THE ATTACHED RESPONDENT’S PRICING AND DELIVERY BREAKDOWN

EXCEL FILE, THE CMR WILL ESTABLISH A Construction Manager’s Budget Limitation

(CMBL) which includes the Pre-Construction Phase Fee and the Construction Services

Guaranteed Maximum Price Proposal.

3.12.2 RESPONDENT’S PRE-CONSTRUCTION PHASE FEE: The Respondent shall identify a

Pre-Construction Phase Fee, pursuant to Article 5 of the Agreement.

Respondent’s Pre-Construction Phase Fee $

3.12.3 ESTABLISHMENT OF THE CONSTRUCTION COST LIMITATION: Using the attached

Respondent’s Pricing and Delivery Breakdown to be completed by the Respondent and the

Respondent’s Pre-Construction Phase Fee identified above, the Respondent shall identify the

Construction Cost Limitation (CCL), pursuant to Article 3 of the Agreement. Respondent will utilize the Owner’s Construction Contingency and Owner’s Special Cash Allowance noted below in the Respondent’s Pricing and Delivery Breakdown:

Construction Manager’s Budget Limitation $___________________

(less)

Owner’s Construction Contingency $ TBD (less)

Owner’s Special Cash Allowance $ 0 (less)

Respondent’s Pre-Construction Phase Fee (as identified above) $ (equals)

Respondent’s Construction Cost Limitation $

3.12.4 RESPONDENT’S CONSTRUCTION PHASE FEE: Using the Respondent’s Pricing and

Delivery Breakdown attachment to be completed by the Respondent, the Respondent shall identify a Construction Phase Fee percentage, pursuant to Article 14 of the Agreement:

Respondent’s Construction Phase Fee Percentage %

Respondent’s Estimated Construction Phase Fee Amount (percentage times the CCL above) $

3.12.5 RESPONDENT’S NOT-TO-EXCEED GENERAL CONDITIONS COSTS: Using the Project

Planning Schedule included in Section 2.5, the Respondent shall identify a General Conditions not-to-exceed percentage and amount as defined by Article 13 and exhibit of the Agreement, the Uniform General Conditions, Owner’s Special Conditions with Attachments and Owner

Specification Sections 007316, 013100, 013200, 013523, 014500, 015723, 017700, 019100, 101416.11

Respondent’s General Conditions Percentage _____________ %

Respondent’s Estimated General Conditions (percentage times the CCL above) $

Total Construction Duration (Notice To Proceed for Construction to Final

Completion as identified in Section 2.5) 25 Months

3.12.6 Using the not-to-exceed General Conditions costs identified above, the Respondent shall identify all project management, bonds, insurance, field office and office supply costs for the

Project as listed below:

Respondent shall complete and submit the Criteria 9 Pricing and Delivery Breakdown

Spreadsheet as Appendix A to the Proposal.

3.12.7 ADDENDA: Receipt is hereby acknowledged of the following addenda to this RFP (initial if applicable).

No. 1 _____ No. 2 _____ No. 3 _____ No. 4 _____ No. 5 _____ No. 6 _____

3.12.7.1 AWARD OF CONTRACT AND COMMENCEMENT OF SERVICES: The undersigned agrees to execute the Contract…