REQUEST FOR QUALIFICATIONS FOR
CONSTRUCTION MANAGER-AT-RISK
The University of Texas at Austin
Darrell K Royal – Texas Memorial Stadium – South End Zone Addition
and Stadium Maintenance and Renovation Project
RFQ No. 102-782
RFQ RESPONSE SUBMITTAL DUE DATE: May 7, 2018
HUB SUBCONTRACTING PLANS SUBMITTAL DUE DATE: May 7, 2018
RFQ ISSUE DATE: April 9, 2018

Prepared By:
Michael Uyeda, Associate Director
The University of Texas at Austin
Office of Capital Planning and Construction
1616 Guadalupe Street, Suite 6.500
Austin, Texas 78701
512-217-1757
muyeda@austin.utexas.edu
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 TABLE OF CONTENTS

1.1

General Information

Section 3 - Requirements For Statement of
Qualifications

1.2

Public Information

3.1

1.3

Type of Contract

Respondent’s Ability to Manage
Construction Safety Risks

1.4

Clarifications and Interpretations

3.2

Respondent’s Statement of Qualifications
and Availability To Undertake The Project

1.5

Submission of Qualifications

3.3

1.6

Point-Of-Contact

Respondent’s Ability To Provide
Construction Management Services

1.7

Evaluation of Qualifications

3.4

1.8

Owner’s Reservation of Rights

Qualifications of The Construction Manager
at Risk Team

1.9

Acceptance of Evaluation Methodology

3.5

Respondent’s Past Performance on
Representative CM-R Projects

1.10

No Reimbursement for Costs

3.6

1.11

Pre-Submittal Conference

Respondent’s Past Performance on U.T.
System Projects

1.12

Eligible Respondents

3.7

1.13

Historically Underutilized Businesses
Submittal Requirements

Respondent’s Ability to Establish Budgets
and Control Costs on Past Projects

3.8

1.14

Sales and Use Taxes

Respondent’s Ability To Meet Schedules on
Past Projects

1.15

Certification of Franchise Tax Status

3.9

1.16

Prevailing Wage Rate Determination

Respondent’s Knowledge of Current
Construction Methodologies, Technologies,
and Best Practices

1.17

Delinquency in Paying Child Support

3.10

1.18

Policy Regarding Receiving Benefits

Respondent’s Ability to Identify and
Resolve Problems on Past Projects

1.19

Disclosure of Interested Parties

3.11

Execution of Offer

Section 1 - General Information & Requirements

Section 4 - Format for Statement of Qualifications

Section 2 - Executive Summary
2.1

Historical Background

2.2

Mission Statement

2.3

Project Description, Scope and Budget

2.4

Project Planning Schedule

2.5

Owner’s Special Conditions

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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 RFQ
5.1

Agreement Between the Board of Regents,
The University of Texas at Austin, Owner,
and Construction Management at Risk

5.2

Exhibit H: Policy on Utilization Historically
Underutilized Businesses

5.3

Owner’s Front End Documents

5.4

Policy of Receiving Benefits, Gifts and
Honoraria

5.5

Commissioning and Closeout Manual

5.6

Payee Information Form

5.7

UT Austin Design and Construction
Standards Website

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 REQUEST FOR QUALIFICATIONS FOR
CONSTRUCTION MANAGER-AT-RISK
THE UNIVERSITY OF TEXAS AT AUSTIN
DARRELL K ROYAL – TEXAS MEMORIAL STADIUM – SOUTH END ZONE ADDITION AND
STADIUM MAINTENANCE AND RENOVATION PROJECT
RFQ No.: 102-782
SECTION 1 – GENERAL INFORMATION & REQUIREMENTS
1.1

1.2

GENERAL INFORMATION: The University of Texas at Austin and The University of Texas at
Austin, Office of Capital Planning and Construction (“Owner”) are soliciting statements of
qualifications (“Qualifications”) for selection of a Construction Manager at Risk firm for 102-782
Darrell K Royal – Texas Memorial Stadium – South End Zone Addition and Stadium Maintenance
and Renovation Project (“Project”), in accordance with the terms, conditions, and requirements
set forth in this Request for Qualifications.
1.1.1

This Request for Qualifications (“RFQ”) is the first step in a three-step process for selecting
a Construction Manager at Risk firm for the Project as provided by Texas Education Code
§51.782(e). The RFQ provides the information necessary to prepare and submit
Qualifications for consideration and initial ranking by the Owner. Based on the initial ranking,
the Owner may select up to five (5) of the top ranked Qualification respondents to respond to
a separate Request for Proposals in the second step of the process.

1.1.2

In the second step of the process, Request for Proposals (“RFP”), the top selected
Qualifications respondents will be required to submit additional information to the Owner,
including fee proposals and general conditions prices (“Proposals”). 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.

1.1.3

In the third 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”.

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 RFQ 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 RFQ.

1.4

CLARIFICATIONS AND INTERPRETATIONS: Any clarifications or interpretations of this
RFQ that materially affect or change its requirements will be posted by the Owner as an addendum
on the OFPC web site (http://www.utsystem.edu/fpc). 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 RFQ, and respondents shall acknowledge receipt of and
incorporate each addendum in its Qualifications.

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 1.4.1

1.5

Respondents shall consider only those clarifications and interpretations that the Owner issues
by addenda seven (7) business days prior to the submittal deadline shall be considered by
respondents. Interpretations or clarifications in any other form, including oral statements, will
not be binding on the Owner and should not be relied on in preparing Qualifications.

SUBMISSION OF QUALIFICATIONS:
1.5.1

DEADLINE AND LOCATION: The Owner will receive Qualifications at the time and
location described below.
May 7, 2018, 2:00 PM local time
Michael Uyeda
Associate Director
The University of Texas at Austin
Office of Capital Planning and Construction
1616 Guadalupe Street, Suite 6.500
Austin, Texas 78701

1.6

1.5.2

Submit eight (8) identical hardcopies of the Qualifications and one (1) PDF copy on CD,
DVD or flash drive. An original signature must be included on the “Respondent’s Statement
of Qualifications and Ability To Undertake The Project” document submitted with each copy.

1.5.3

Submit one (1) signed original and one (1) signed PDF copy on CD, DVD, or flash drive
of the HUB Subcontracting Plan (HSP) as separate attachments to the Qualifications as
described in Section 1.13.

1.5.4

Late received Qualifications will be returned to the respondent unopened.

1.5.5

The Owner will not acknowledge or receive Qualifications that are delivered by telephone,
facsimile (fax), or electronic mail (e-mail).

1.5.6

Properly submitted Qualifications will not be returned to respondents.

1.5.7

Qualifications materials must be enclosed in a sealed envelope (box or container) addressed
to the Point of Contact person; the package must clearly identify the submittal deadline, the
RFQ number, and the name and return address of the respondent.

1.5.8

After the HUB Subcontracting Plans are received and confirmed by the Owner, all properly
submitted Qualifications will be opened publicly and the names of the respondents will be
read aloud.

POINT-OF-CONTACT: The Owner designates the following person, as it’s representative and
Point-of-Contact for this RFQ. Respondents shall restrict all contact with the Owner and direct
all questions regarding this RFQ, including questions regarding terms and conditions, to the Pointof-Contact person.
Michael Uyeda, Associate Director
The University of Texas at Austin
Office of Capital Planning and Construction (CPC)
1616 Guadalupe Street, Suite 6.500
Austin, Texas 78701

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 Phone: 512-217-1757
Fax: 512-475-8292
e-mail: muyeda@austin.utexas.edu
1.7

EVALUATION OF QUALIFICATIONS: The evaluation of the Qualifications shall be based on
the requirements described in this RFQ. All properly submitted Qualifications 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.
1.7.1

Qualifications shall not include any information regarding respondent’s fees, pricing, or other
compensation. Such information will be solicited from firms qualified by the Owner to
participate in step two of the selection process.

1.8

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

1.9

ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Qualifications in
response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts
that determination of the “most qualified” firm(s) 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 RFQ process shall be at the sole risk and
responsibility of the respondent. Respondents submit Qualifications and Proposals at their own
risk and expense.

1.11

PRE-SUBMITTAL CONFERENCE: A pre-submittal conference will be held at the time and
location described below.
April 18, 2018, 1:00 PM local time
The University of Texas at Austin
Darrell K Royal Texas Memorial Stadium – North End Zone Concourse Level 9
NEZ 9.100
Austin, Texas 78701
1.11.1 Visitor parking at Darrell K Royal – Texas Memorial Stadium is available in nearby
campus parking garages for a daily rate.
Refer to this link
https://parking.utexas.edu/maps/visitors for a map of Campus parking garages. The
stadium is the BEL, NEZ, STD, and MNC grouping of buildings.
1.11.2 A guided tour of the Stadium proposed area of this project will be included as a part of
the conference agenda. This will be the only opportunity for potential respondents to view
the Project site(s) before the submittal of Qualifications. Attendance at the presubmittal conference is optional.

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 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 firm or formal organization that submits a Qualification.

1.13

HISTORICALLY UNDERUTILIZED BUSINESSES SUBMITTAL REQUIREMENTS: It is
the policy of The University of Texas System, and each of its component institutions, to promote
and encourage contracting and subcontracting opportunities for Historically Underutilized
Businesses (HUB) in all contracts. Accordingly, the Office of Capital Planning and Construction
(CPC) has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (See
attached). The Policy applies to all contracts with an expected value of $100,000 or more. If CPC
determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a
required element of the Qualifications. Failure to submit a required HUB Subcontracting Plan
will result in rejection of the Qualifications.

1.13.1 STATEMENT OF PROBABILITY
The University of Texas at Austin Office of Capital Planning and Construction (CPC) has
determined that subcontracting opportunities are probable in connection with this procurement
solicitation. Therefore, a HUB Subcontracting Plan (HSP) is required as a part of the
respondent's Qualifications. The respondent shall develop and administer a HSP as a part of
the respondent's Qualifications in accordance with the CPC Policy on Utilization of
Historically Underutilized Businesses (HUB), Exhibit H.
1.13.2 Refer to Exhibit H, Policy on Utilization, Historically Underutilized Business (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.
1.13.4 Submit one (1) signed original and one (1) signed PDF copy on CD, DVD, or flash drive
of the HUB Subcontracting Plan in a separate attachment apart from the submittal of
qualifications.
1.13.5 If the respondent is unfamiliar with UT Austin HUB requirements or has questions, please
contact Mr. Gary Hampton, HUB Staff Associate, HUB Program Office for questions and
guidance via email at gary.hampton@austin.utexas.edu.
1.14

SALES AND USE TAXES: Texas Tax Code Section 151.311provides that certain tangible
personal property incorporated into realty or consumed at the jobsite in the performance of a
contract for an improvement to realty for certain exempt entities, including The University of
Texas System, are exempt from state sales tax. Section 150.311 also provides that certain
otherwise taxable services performed at the jobsite are exempt from taxes on University of Texas
System projects. It is the responsibility of the Respondent to incorporate allowable tax savings
into its Proposal.

1.15

CERTIFICATION OF FRANCHISE TAX STATUS: Corporate or limited liability company
Respondents are advised that if successful it will be required to submit certification that it is not
delinquent in the payment of any franchise tax status due under Chapter 171 of the Texas Tax
Code, or that it is exempt from the payment of such taxes, or that it is an out-of-state legal entity
and not subject to the Texas Franchise Tax, whichever is applicable. The Respondent further

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 agrees that each subcontractor and supplier under contract will also provide an appropriate
certification of franchise tax status.
1.16

PREVAILING MINIMUM WAGE RATE DETERMINATION: Respondents are advised that
the Texas Prevailing Wage Law applies to this Project will be administered in accordance with
the University of Texas General Conditions for Building Construction Contracts and the policies
and procedures set forth in the U. T. System document, entitled "Prevailing Wage Guidelines." A
copy is attached to the Special Conditions.

1.17

DELINQUENCY IN PAYING CHILD SUPPORT: Pursuant to Texas Family Code Section
231.006, the vendor or applicant certifies that the individual or business entity named in this
contract, bid, or application is not ineligible to receive the award of or payment for the Project and
acknowledges that any agreement may be terminated and payment may be withheld if this
certification is inaccurate.

1.18

CPC AND OFPC POLICIES REGARDING RECEIVING BENEFITS, GIFTS AND
HONORARIA: The University of Texas at Austin Office of Capital Planning and Construction
(CPC) follows both UT Austin’s Handbook of Operating Procedures 5-2010 Individual Conflicts
of Interest Policy and the UT System OFPC Policy Regarding Receiving Benefits, Gifts, and
Honoraria. Both policies define, and in most cases restricts, the benefits, gifts, honoraria and other
entertainment activities all CPC staff may be exposed to, and supplements any provisions of state
law, UT Austin, or UT System rule or policy that is less restrictive. The policy covers “Conflicts
of Interest” not allowed and items typically allowed. CPC recommends that all respondents
review both the UT Austin policy located at https://policies.utexas.edu/policies/individualconflicts-interest and the OFPC policy which is attached as an Exhibit, and endeavor to use
appropriate judgment related to the requirements and actions defined in the policy, during both
the procurement phase and the contracting phase.

1.19

DISCLOSURE OF INTERESTED PARTIES STATUTE.
In its proposal, Respondents must
agree to comply with Section 2252.908, Texas Government Code (“Disclosure of Interested
Parties Statute”) and 1 Texas Administration Code Sections 46.1 through 46.3 (“Disclosure of
Interested Parties Regulations”) as implemented by the Texas Ethics Commission (“TEC”),
including, among other things, providing the TEC and University with the information required
by the Disclosure of Interested Parties Statute and the Disclosure of Interested Parties Regulations
on the form promulgated by the TEC and set forth in APPENDIX EIGHT. The form will be
required to be submitted to Owner prior to the countersigning of the final agreement and not
submitted with this RFP.

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 SECTION 2 – EXECUTIVE SUMMARY
2.1

HISTORICAL BACKGROUND:
Founded in 1883 on 40 acres near the state capitol with one building, eight teachers, two
departments and 221 students, The University of Texas at Austin main campus now covers more
than 350 acres. As the academic flagship of the University of Texas System’s 15 academic and
health institutions, the university enrolls over 50,000 students, about 25 percent in graduate and
professional programs. From teaching, to research, to public service, the university's activities
support its core purpose to transform lives for the benefit of society through the core values of
learning, discovery, freedom, leadership, individual opportunity and responsibility.

2.2

MISSION STATEMENT:
The mission of The University of Texas at Austin is to achieve excellence in the interrelated areas
of undergraduate education, graduate education, research, and public service. The University
provides superior and comprehensive educational opportunities at the baccalaureate through
doctoral and special professional educational levels. The University contributes to the
advancement of society through research, creative activity, scholarly inquiry, and the development
of new knowledge. The University preserves and promotes the arts, benefits the state’s economy,
serves the citizens through public programs, and provides other public service.

2.3

PROJECT DESCRIPTION, SCOPE AND BUDGET:
The University of Texas at Austin seeks to build an expansion to the Darrell K Royal – Texas
Memorial Stadium to replace the existing South End zone bleachers and existing video display
with a new South End Zone, video display, and renovate portions of the adjacent MoncriefNeuhaus Athletic Center. This project is a part of Texas Athletics’ ongoing efforts to expand and
upgrade their current facilities to provide the best facilities and services for their student athletes,
fans, and staff with a critical eye to the latest in student athlete safety, well-being, and
rehabilitation.
The scope of this project is proposed to include new exclusive suites, clubs, open air concourses,
restroom facilities, new coaches offices, a banquet kitchen, premium, Loge, and student seating,
private game-day parking, branding graphics, Longhorn Network areas, Sports
Medicine/Nutrition areas, hydrotherapy, and other support spaces. The preliminary Total Project
Cost (TPC) for this project is $140,000,000. The TPC includes a Construction Cost Limitation
(CCL) for the Construction Manager at Risk of $100,000,000. Fees, furnishings, equipment, other
work, miscellaneous expenses, and contingencies make up the balance of the TPC.

2.4

FACILITIES PROGRAM:
The Owner is currently developing a Feasibility Study and Framework Plan which is anticipated
to be completed prior to final selection of the Construction Manager at Risk. This document/plan
will be modified by the Owner’s Architect/Engineer to develop a Facilities Program document
which will be shared with the selected Construction Manager at Risk.

2.5

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

Owner receives Request For Qualifications
Owner conducts Pre-Submittal Conference
Owner issues Request For Proposals (to short-listed firms)

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Refer to Section 1.6
Refer to Section 1.11
May 16, 2018
Page 8 of 22

 













2.6

Owner receives Request For Proposals
Owner interviews Respondents
Owner executes Agreement
Owner approves Facility Program
Owner approves Project to be added to the CIP (BOR Meeting)
Owner approves Schematic Design Documents
Owner approves Design Development Documents
Owner accepts Guaranteed Maximum Price Proposal
Owner issues CD Package #1 – Abatement, Demolition, Utilities,
& Long Lead Items
Owner issues CD Package #2 – Structure, MEP, and Finishes
Owner issues Notice to Proceed for Construction – Abatement,
Demolition, Utilities, & Long Lead Items
Owner issues Notice to Proceed for Construction – Structure,
MEP, and Finishes
Owner accepts Substantial Completion of Construction
Construction Manager achieves Final Completion of Construction

May 29, 2018
June 12, 2018
June 26, 2018
June 27, 2018
August 8, 2018
August 13, 2018
February 27, 2019
March 5, 2019
May 1, 2019
August 1, 2019
June 19, 2019
August 22, 2019
July 28, 2021
September 3, 2021

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).

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 SECTION 3 – REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS
Respondents shall carefully read the information contained in the following criteria and submit a complete
statement of Qualifications to all questions in Section 3 formatted as directed in Section 4. Incomplete
Qualifications will be considered non-responsive and subject to rejection.
3.1

CRITERIA ONE: RESPONDENT’S ABILITY TO MANAGE CONSTRUCTION SAFETY
RISKS
The Vision of the University of Texas System Office of Facilities Planning and
Construction and The University of Texas at Austin Office of Capital Planning and
Construction is to eliminate workplace injuries on all UT System and UT Austin
construction projects. We consider safety a core value within our organization and
attach the highest importance to this section in scoring evaluation.
NOTE: This section shall be addressed by the corporate safety director and within their
response the firm shall provide the signature of the corporate safety director attesting to
that fact. The response to Criterion One may be reviewed by the Owner’s safety
professional.
3.1.1

Briefly describe the firm’s approach for anticipating, recognizing and controlling safety risks
and note the safety resources that the firm provides for each project’s Safety program.

3.1.2

Describe the process used to evaluate Project Safety performance that the firm includes in
performance evaluations for Superintendents and Project Managers. Detail the criteria used in
evaluations and requirements for continuing safety education.

3.1.3

Describe the Safety Performance and Insurance/Claims History information and weighting
that the firm evaluates in the submission and award process in selection of “best value”
Subcontracts.

3.1.4

For all projects that the firm has managed (or co-managed) in the past five (5) years, list and
describe all events or incidents that have reached any of the following levels of severity:
 Any occupational illness or injury that resulted in death or total and permanent disability
 Three occupational illnesses or injuries that resulted in hospital admittances
 Explosion, fire or water damage that claimed 1% of the project’s construction value
 Failure, collapse, or overturning of a scaffold, excavation, crane or motorized mobile
equipment when workers were present at the project site

3.1.5

Does the firm or any other company within the same holding group of companies self-perform
any work beyond General Conditions?

3.1.6

Identify the firm’s Experience Modification Rate (EMR) for the five (5) most recent annual
insurance-year ratings and the North American Industry Classification System (NAICS) code
used to determine your organization’s EMR.

3.1.7

Identify the firm’s annual OSHA Recordable Incident Rate (RIR) for all work performed
during the past five (5) calendar years.

3.1.7.1 If the firm has performed work for UT System in the past and been enrolled in the ROCIP
(Rolling Owner’s Controlled Insurance Program), provide a list of each individual project(s)
managed and the overall project RIR for each.
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 3.1.8

Identify the firm’s annual OSHA Days Away From Work Incident Rates (DAFW) for all work
performed during the past five (5) calendar years.

3.1.8.1 If the firm has performed work for UT System in the past and been enrolled in the ROCIP
(Rolling Owner’s Controlled Insurance Program), provide a list of the individual project(s)
managed and the overall project DAFW for each.
3.1.9

List any OSHA citations your firm has been issued during the last five (5) years and final
outcome of each.

3.2 CRITERIA TWO: RESPONDENT’S STATEMENT OF QUALIFICATIONS AND
AVAILABILITY TO UNDERTAKE THE PROJECT (Maximum of two (2) printed pages per
question)
3.2.1 Provide a statement of interest for the Project including a narrative describing the respondent’s
unique qualifications as they pertain to this particular Project.
3.2.2
3.3

Provide a statement on the availability and commitment of the respondent, its principal(s) and
assigned professionals to undertake the Project.
CRITERIA THREE: RESPONDENT’S ABILITY TO PROVIDE CONSTRUCTION
MANAGEMENT SERVICES

3.3.1 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;

3.3.2

Attach a letter of intent from a surety company indicating your firm’s ability to bond for the
entire construction cost of the project. The surety shall acknowledge that the firm may be
bonded for each stage/phase of the project, with a potential maximum construction cost of
$111,000,000 (Guaranteed Maximum Price plus Construction Manager at Risk
Preconstruction Services Fee). Bonding requirements are set forth in Article 17 of the
Agreement and the Uniform General Conditions for University of Texas System Building
Construction Contracts.

3.3.3

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.

3.3.4

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.

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 3.3.5

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.

3.3.6

Does any relationship exist by relative, business associate, capital funding agreement, or any
other such kinship between your firm and any Owner employee, officer or Regent? If so,
please explain.

3.4

CRITERIA FOUR: QUALIFICATIONS OF CONSTRUCTION MANAGER AT RISK
TEAM
3.4.1

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

3.4.2

Provide resumes of the Construction Manager at Risk team 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

Describe, in graphic (organization chart) and written form, the proposed Project assignments
and lines of authority and communication for each team member to be directly involved in the
Project. Indicate the estimated percent of time these team members will be involved in the
Project for Pre-construction and Construction Services.

3.4.4

In a matrix, clearly identify the proposed team members (including consultants) who worked
on the Projects listed in Section 3.5 or 3.6 of this RFQ, and describe their responsibility in
those projects compared to this project.

3.4.5 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

CRITERIA FIVE: RESPONDENT’S PAST PERFORMANCE ON REPRESENTATIVE
CM-R PROJECTS
3.5.1

Identify and describe the proposed Team’s past experience for providing Construction
Manager at Risk Services that are MOST RELATED TO THIS PROJECT 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:











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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
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 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 RFQ/P process.

3.5.2

3.6

Identify a maximum of three (3) completed projects, of any type, for which your firm has
received an award for construction excellence from a recognized organization and provide
descriptive information for each.
CRITERIA SIX:
PROJECTS

3.6.1

RESPONDENT’S

PAST

PERFORMANCE

ON

UNIVERSITY

Identify and describe the proposed Team’s past experience for providing Construction
Management at Risk Services on university athletics projects within the last five (5) years.
Provide the following information for each project listed:











3.7

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

CRITERIA SEVEN: RESPONDENT’S ABILITY TO ESTABLISH BUDGETS AND CONTROL
COSTS ON PAST PROJECTS
3.7.1

Describe your fiduciary responsibility as a Construction Manager at Risk using Guaranteed
Maximum Price contracts for publicly funded projects.

3.7.2

Describe your cost estimating methods. From any of three (3) projects listed in response to
Section 3.5 or 3.6 of this RFQ, describe how the estimates were developed, how often they
were updated and the degree of accuracy achieved.

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 3.8

3.7.3

Describe your cost control methods during construction and how you procure subcontracts,
confirm scope, amount, and ensure proper payment. From any three (3) projects listed in
response to Section 3.5 or 3.6 of this RFQ, provide examples of how these techniques were
used and the degree of accuracy achieved.

3.7.4

Describe your methodology for working with the Project Architect/Engineer and their
consultants to deliver a Guaranteed Maximum Price and to maintain the GMP throughout the
design and construction process.

3.7.5

Provide a sample of a detailed cost estimate used to establish a contract amount from any
project listed in Section 3.5 or 3.6 of this RFQ. Include this cost estimate in the same binder
as the rest of the response; do not provide a separate submittal binder/packet. These sheets
will not count as part of the maximum 50 pages as noted in 4.1.2.

3.7.6

The Owner will require a Guaranteed Maximum Price based upon 100% Design Development
(DD) Documents. Describe 1) Your process for ensuring that the Design Development
Documents provide the information necessary to arrive at a complete GMP, including all
Owner requirements with reasonable contingencies, and 2) Your process for subsequently
ensuring that the 100% Construction Documents align with the project scope in the previously
accepted GMP proposal documents.

CRITERIA EIGHT: RESPONDENT’S ABILITY TO MEET SCHEDULES ON PAST PROJECTS
3.8.1

Describe how you will develop, maintain and update the project schedule during design and
construction.

3.8.2

Provide an evaluation of the proposed construction schedule provided in this RFQ and your
approach to assuring timely completion of this schedule, including methods for schedule
recovery, or opportunities to improve the schedule. From any three (3) of the projects listed
in response to Section 3.5 or 3.6 of this RFQ, provide examples of how these techniques were
used, including specific scheduling challenges/requirements and actual solutions.

3.8.3

Describe how you develop and maintain work schedules during design and construction to
coordinate with the Owner’s project schedule. From any three (3) projects listed in response
to Section 3.5 or 3.6 of this RFQ, provide examples of how these techniques were used.

3.8.4

Describe your experience with Primavera CPM scheduling. From any of three (3) of the
projects listed in response to Section 3.5 or 3.6 of this RFQ, provide a sample of the monthly
schedule reports, including identified milestones and schedule recovery plans. Include these
sheets in the same binder as the rest of the responses; do not include a separate
submittal/binder. These sheets will not count against the 50 sheet maximum in 4.1.2.

3.9 CRITERIA NINE: RESPONDENT’S KNOWLEDGE OF CURRENT CONSTRUCTION
METHODOLOGIES, TECHNOLOGIES, AND BEST PRACTICES
3.9.1

Describe your quality assurance program. Explain the methods used to ensure quality control
during the Construction phase of a project. Provide specific examples of how these techniques
or procedures were used from any three (3) projects listed in response to Section 3.5 or 3.6 of
this RFQ.

3.9.2

Describe your procedures for implementing industry’s “best practices” as defined by the
Construction Industry Institute and similar organizations for:

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 






Establishing and tracking project objectives
Using project scope definition resources (i.e. Project Definitions Rating Index (PDRI)) in
order to obtain complete and accurate design and construction documents from the A/E
Partnering
Cost tracking
Change (order) management systems
Total quality management for each phase, including close-out and commissioning

3.9.3

Provide an example of a successful constructability program used to maintain project budgets
and schedule without sacrificing quality.

3.9.4

Describe your methodology for advertising, evaluating and selecting trade contrators for
“major” institutions of higher education as a Construction Manager at Risk.

3.9.5

As the Construction Manager at Risk, describe your relationship with the local subcontracting
community.

3.9.6

Describe how you have maintained security during the construction of an occupied facility
listed in Section 3.5 or 3.6 of this RFQ.

3.9.7

Describe your past experience dealing with congested campuses/site conditions for any project
listed in Section 3.5 or 3.6 of this RFQ.

3.9.8

Provide any other details regarding special services, products, advantages or other benefits
offered to the Owner by the Respondent.

3.10 CRITERIA TEN: RESPONDENT’S ABILITY TO IDENTIFY AND RESOLVE PROBLEMS ON
PAST PROJECTS
3.10.1 Describe your understanding of the administrative challenges and opportunities associated
with providing Preconstruction and Construction services for The University of Texas at
Austin on this project, and your strategy for resolving these issues.
3.10.2 Understanding the schedule limitations, provide an analysis of the Owner’s project planning
schedule in Section 2.5 of this RFQ and describe your plan for communicating
constructability, phasing, value engineering and other budget options in a form that will
quickly facilitate the Owner’s decision making.
3.10.3 Describe your experience with renovation/expansion projects in occupied facilities during a
collegiate football season.
3.10.4 For any combination of three (3) projects listed in response to Section 3.5 or 3.6 of this RFQ,
describe any conflicts with the Owner, Consultants, Architect/Engineer, or subcontractors and
describe the methods used by the Respondent to resolve those conflicts.

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 3.11 CITERIA ELEVEN: EXECUTION OF OFFER
NOTE TO RESPONDENTS: SUBMIT ENTIRE SECTION WITH RESPONSE.
THIS EXECUTION OF 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 RFQ 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 RFQ 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 RFQ; and (4)
Respondent shall bear, as its sole risk and responsibility, any cost which arises from
Respondent's preparation of a response to this RFQ.
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 RFQ documents and contained herein.
3.11.3 By signature hereon, Respondent affirms that he 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 RFQ;
3.11.6.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to
satisfactorily perform the terms, conditions and requirements of the RFQ;
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 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 RFQ 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 RFQ 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 RFQ 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 (Not Used)
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 RFQ response. All such disclosures will be subject to administrative review and
approval prior to the Owner entering into any contract with Respondent.

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 3.11.11 By signature hereon, Respondent affirms that no compensation has been received for
participation in the preparation of the specifications for this RFQ. (ref. Section 2155.004
Texas Government Code).
3.11.12 Respondent represents and warrants that all articles and services quoted in response to this
RFQ 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 agrees that this project will utilize the Owner Controlled
Insurance Program (OCIP) and the Owner provided Builders Risk program and will bind all
contractors and subcontractors to participate in the program. The Respondent acknowledges that
it has received and reviewed information required to be provided about the OCIP program at least
ten (10) days before entering into this contract, and will provide this information to all contractors
and subcontractors at least ten (10) days before entering into a contract with them.
3.11.17 By signature hereon, Respondent certifies that the only member(s) of the Board of Regents of
The University of Texas System, or the Executive Officers of the University of Texas System
or it’s component institutions that has a financial interest, directly or indirectly, in the
transaction that is the subject of the contract is identified below.
Attach additional pages as necessary.

(Name)

(Firm’s Business Title)

(UT System Title)

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 3.11.18 Execution of Offer: RFQ No. 102-782
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 may 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)

(Name)

(Name)

(Name)

Submitted and Certified By:

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(Respondent’s Name)

(Title)

(Street Address)

(Telephone Number)

(City, State, Zip Code)

(Email address)

(Authorized Signature)

(Date)

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 SECTION 4 – FORMAT FOR STATEMENT OF QUALIFICATIONS
4.1

4.2

GENERAL INSTRUCTIONS
4.1.1

Qualifications shall be prepared SIMPLY AND ECONOMICALLY, providing a
straightforward, CONCISE description of the respondent's ability to meet the requirements of
this RFQ. Emphasis shall be on the QUALITY, completeness, clarity of content,
responsiveness to the requirements, and an understanding of Owner's needs.

4.1.2

Qualifications shall be a MAXIMUM OF FIFTY (50) PRINTED PAGES. The cover, table
of contents, divider sheets, HUB Subcontracting Plan (Section 1.13), Execution of Offer, and
any other pages as noted elsewhere in this RFQ do not count as printed pages. Do not provide
separate attachments or separate submittals other than the HUB Subcontracting Plan with your
submittal.

4.1.3

Respondents shall carefully read the information contained in this RFQ and submit a complete
response to all requirements and questions as directed. Incomplete Qualifications will be
considered non-responsive and subject to rejection.

4.1.4

Qualifications and any other information submitted by respondents in response to this RFQ
shall become the property of the Owner.

4.1.5

Qualifications that are qualified with conditional clauses, alterations, items not called for in
the RFQ documents, or irregularities of any kind are subject to rejection by the Owner, at its
option.

4.1.6

The Owner makes no representations of any kind that an award will be made as a result of this
RFQ, or subsequent RFP. The Owner reserves the right to accept or reject any or all
Qualifications, waive any formalities or minor technical inconsistencies, or delete any
item/requirements from this RFQ when deemed to be in Owner's best interest.

4.1.7

Qualifications shall consist of answers to questions identified in Section 3 of the RFQ. It is
not necessary to repeat the question in the Qualifications; however, it is essential to reference
the question number with the corresponding answer.

4.1.8

Failure to comply with all requirements contained in this Request for Qualifications may result
in the rejection of the Qualifications.

PAGE SIZE, BINDING, DIVIDERS AND TABS:
4.2.1

Qualifications shall be printed on letter-size (8-1/2” x 11”) paper and assembled with spiraltype bindings or staples. DO NOT USE METAL-RING HARD COVER BINDERS.

4.2.2

Additional attachments shall NOT be included with the Qualifications. Only the responses
provided by the respondent to the questions identified in Section 3 of this RFQ will be used
by the Owner for evaluation.

4.2.3

Separate and identify each criteria response to Section 3 of this RFQ by use of a divider sheet
with an integral tab for ready reference.

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 4.3.

TABLE OF CONTENTS:
4.3.1

4.4

Submittals shall include a “Table of Contents” and give page numbers for each part the
Qualifications.

PAGINATION:
4.4.1
Number all pages of the submittal sequentially using Arabic numerals (1, 2, 3, etc.); the
Respondent is not required to number the pages of the HUB Subcontracting Plan.

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 SECTION 5 - ATTACHMENTS TO THE RFQ
5.1

Draft Agreement Between the Board of Regents, The University of Texas at Austin, Owner, and
Construction Management at Risk

5.2

Exhibit H: Policy on Utilization Historically Underutilized Businesses

5.3

Owner’s Front End Documents
5.3.1

Uniform General Conditions for University of Texas System Building Construction
Contracts (UGC)

5.3.2

Owner’s Special Conditions with Attachments
5.3.2.1
5.3.2.2
5.3.2.3

5.3.3
5.3.4
5.3.5
5.3.6
5.3.7
5.3.8
5.3.9
5.3.10
5.3.11

Attachment “A”
Attachment “B”
Attachment “C”

Project Insurance
Project Safety Requirements
Project Planning and Scheduling
Project Administration Requirements
Project Quality Control
Temporary Storm Water Pollution Controls
General Commissioning Requirements
Project Close Procedures
Cast Bronze Dedicatory Plaque

Prevailing Wage Rate Determination
Project Sign Layout
Weather Days
Section 00 73 16
Section 0135 23
Section 01 32 00
Section 01 31 00
Section 01 45 00
Section 01 57 23
Section 01 91 00
Section 01 77 00
Section 10 14 16.11

5.4

Policy of Receiving Benefits, Gifts and Honoraria

5.5

Commissioning and Closeout Manual

5.6

Payee Information Form

5.7

UT Austin Design and Construction Standards Website

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