ESBD_380389_1729544789219_RFQ769-25-995CS Pohl Recreation Center Renovation and Expansion.pdf

Request for

Qualifications

POHL RECREATION

CENTER RENOVATION

AND EXPANSION

RFQ769-25-995CS

ISSUE DATE

October 21, 2024

Pohl Recreation Center Renovation-Phase 1 001100 - 1 University of North Texas System NOTICE TO DESIGN PROFESSIONALS

DOCUMENT 001100

NOTICE TO DESIGN PROFESSIONALS

The University of North Texas System (UNTS) subsequently referred to as the Owner, requests firm’s qualifications for Professional Services to facilitate the Programming and Design Services for Pohl Recreation Center Renovation-Phase 1 on the UNT Denton campus. UNTS intends to select a firm as a result of the RFQ. In order to assist with project, the firm’s submittal to the RFQ will be the basis of determining the qualifications to perform the professional services.

Sealed qualifications for RFQ769-25-995CS will be received by the UNTS up to 2:00 p.m. CDT on November 20, 2024. Responses received after the date and hour above stated will not receive consideration.

Qualifications can be Submitted electronically through the Jaggaer web link at:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS.

You will need a username and password to access the site. Please be sure to register as a new user PRIOR to attempting to submit your response and HUB Subcontracting Plan electronically in order to become familiar with the site.

A HUB Sub-Contracting Plan is required and will be received up to 2:00 p.m. CST on November 20, 2024.

Pre-Solicitation Meeting/Site Visit

A pre-solicitation meeting will be held at the Pohl Recreation Center, 1900 Chestnut Street, Room # 205, Denton, Texas, with a site visit being held directly after on October 31, 2024 @ 3:00 p.m. (CST) to answer any questions the potential firms may have before completing their response.

Project Description

Rec Sports completed a Campus Rec Master Plan in 2022. Students, faculty and staff were involved in all aspects of the plan. The number one priority that students want/need more of is fitness space. Implementing phase 1 of the plan includes converting the current leisure pool natatorium to two levels of additional fitness space. The square footage of the current leisure pool is 10,468. By adding 2 floors UNT can potentially increase the total fitness space from approximately 15,000 sf to approximately 35,000 sf. This project would include retrofitting the natatorium with two levels that would be used for weights, fitness, group exercise, restrooms and personal training. This eliminates significant operating costs that continue to increase with the leisure pool’s age while addressing the overcrowding in the weight room.

Purpose & Objectives:

1. Increase the square footage of fitness space for equipment, functional training, group fitness classes and personal trainings offerings.

2. Accommodate more UNT students who currently buy memberships at local gyms.

3. Increase memberships (increase revenue) for faculty and staff who currently report that the Pohl Rec Center is too busy and does not have enough space.

The selected firm will be required to provide a complete program and full design services for a renovation of the Pohl Recreation Center. This project is a renovation to the existing leisure pool to convert it to fitness/weight room space.

With renovation and adding 2 floors, the project will be able to provide additional space for weight equipment, offer additional group fitness classes with the addition of multi-purpose rooms, expand the personal training options, and https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS

Pohl Recreation Center Renovation-Phase 1 001100 - 2 University of North Texas System NOTICE TO DESIGN PROFESSIONALS add storage. The square footage of the current leisure pool is 10,468. By adding 2 levels, the project would potentially increase the total fitness space from ~15,000 sf to ~35,000 sf.

Questions

Questions concerning this proposal should be directed to:

Carrie Stoeckert, Construction Contract Expeditor III

Carrie.Stoeckert@untsystem.edu

All questions must be received no later than 2:00 p.m. CDT on November 6, 2024. All questions and answers will be posted to the website by 5:00 p.m. CDT on November 8, 2024.

The Owner may in its sole discretion respond in writing to questions concerning this RFQ. Only the Owner’s responses made by formal written Addendum to this Proposal shall be binding and shall be posted on the UNT System website located at https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php . Oral or other written interpretations or clarifications shall be without legal effect.

Online - Respondents can view bid documents at Electronic State Business Daily (http://www.txsmartbuy.com/sp) or at the UNT System website https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php and the UNTS Jaggaer website https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS.

Historically Underutilized Business (HUB)

It is the policy of the Owner to promote and encourage contracting and subcontracting opportunities for HUB in all contracts. The firm will be required to provide a HUB Subcontracting Plan (HSP) for the intended subcontracting opportunities for this project.

All subcontracted work whether identified by the Owner or not, is required to be identified in the HSP. The Plan should reflect all subcontracting opportunities to be utilized in this project and can be found online at (http://www.window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan--allfms.pdf) Complete, print, sign and submit the HUB Subcontracting Plan form with the response. Failure to complete the HSP correctly will disqualify your RFQ response. Please submit the HSP through the UNTS Jaggaer link:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS .

The Owner is not bound to accept any of the RFQ responses if they are not in its best interest, as determined by the Owner. The Owner reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Proposal with one or more respondents; (b) reject any and all responses and re-solicit responses; or (c) reject any and all responses and temporarily or permanently abandon this procurement, if deemed to be in the best interest of the Owner.

END OF SECTION

mailto:Carrie.Stoeckert@untsystem.edu https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php http://www.txsmartbuy.com/sp https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS http://www.window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan--allfms.pdf http://www.window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan--allfms.pdf

UNT Campus Master Plan 002400 - 1 University of North Texas System REQUEST FOR QUALIFICATIONS

DOCUMENT 002400

SCOPE FOR QUALIFICATIONS

The University of North Texas System (UNTS) subsequently referred to as the Owner, requests firms’ qualifications for Professional Services to facilitate the Programming and Design Services for Pohl Recreation Center Renovation-Phase 1 located on the UNT Denton campus. The selected firm will be highly qualified with proven experience in programming and design of student recreation centers on university campuses and have proven successful partnership with projects of similar caliber delivered via construction manager at risk (CMAR) and/or competitive sealed proposal (CSP).

Upon successful completion of the project programming phase, the Owner may elect to extend the services of the contract to include the design, bidding assistance, and construction administration phases. The selected firm will have the proven ability to implement a user process to support and consolidate a shared detailed vision for this important milestone. If the Owner does not elect to extend the professional services for the design and construction administration phases, the Owner may either select another firm based on the responses from this Request for Qualifications (RFQ) or re-solicit. If an additional phase occurs, at Owner’s sole discretion, the Owner will have the option to award to the selected vendor or resolicit. The firm’s response to the Request for Qualifications (RFQ) will be the basis of determining the competence and qualifications to perform the professional services as required by the proposed project.

The firm’s response to the Request for Qualifications (RFQ) will be the basis of determining the competence and qualifications to perform the professional services as required by the proposed project.

Project Description

UNT Recreational Sports completed a Campus Recreational Sports Master Plan in 2022 (2022 Plan). Students, faculty and staff were involved in development of this plan. The top priority was fitness space. Pohl Recreation Center - Phase 1 will convert the current leisure pool natatorium into two levels of additional fitness space to be used for weights, fitness, group exercise, restrooms, personal training, multi-purpose space/rooms and storage. The square footage of the current leisure pool is approximately 10,500 within a 2-story volume. By adding a second level, the project would potentially increase the total fitness space from ~15,000 sf to ~35,000 sf. The Pohl Recreation Center must remain operational during this renovation project and team will be responsible for the development of an implementation strategy to ensure consistent operations.

A. Project Programming-The selected firm will be required to validate the high-level program developed during the 2022 Plan and produce a full program document for design and construction for the new fitness space.

Deliverable may include a draft program, final draft program, and a final program that may include the following (at a minimum): peer benchmarking, program/space allocation; functional relationships; specific room requirement including mechanical, electrical and plumbing; security considerations; applicable codes and standards considerations; and detailed, informed project cost estimate and project phasing if required to align the college’s vision and goals to the budget at each deliverable.

The programming for this project is anticipated to be complete no later than March 2025.

B. Project Design –If the Owner elects to extend the services, the selected firm will be required to develop a comprehensive design package. Deliverables will include (but are not limited to) schematic design, design development, construction documents and specifications. In addition, the architect’s design services must include preparation of detailed construction cost estimates at schematic design, design development, and 60% construction documents for Owner’s review. It is imperative that the architect/engineer firm monitor the design during the various stages of the project, so the Owner’s construction budget is not exceeded.

Projected construction to begin no later than February 2026 with completion by August 2027.

Pohl Recreation Center Renovation-Phase 1 002400 - 2

C. Contractor/Subcontractor Bidding – The selected firm is to attend all contractor pre-proposal meetings and provide any additional documentation required by the contractor during the bidding and selection of the subcontractor trades.

D. Construction Administration – The selected firm will provide a full array of construction administration services. These services will include (but are not limited to) submittal and shop drawing approvals, construction and post construction documentation, issuance of architectural supplemental instructions

(ASI), compilation and completion of punch lists, all close-out documentation including record drawings, and participation in all construction meetings.

E. Project Budget – The total project budget for this project is $15 million.

F. Project Schedule – Please include in the response an anticipated schedule for the design, and construction phases of the project. Projected construction for the project to be complete by August 2027.

Submission Requirements

Submission requirements outlined here, and the Evaluation Criterion listed below are reviewed as part of the selection process and be sure to provide both Submission Requirements and address Evaluation Criteria.

The responses should address each of the following areas in the same order in which they are set forth below:

1. Firm Data

A. General Qualifications

B. Name and Address(es) of each key sub-consultant firm proposed for the team

C. Firm profile, i.e.:

i. Firm Name, Address and Age

ii. Type of firm (partnership, professional corporation, etc.)

iii. Firm history

iv. Firm size (professionals by discipline), current and one year ago

v. Areas of specialty/concentration

2. Description of the Team:

Responses should include all key team members and sub-consultants for Design and Construction

Administration services. Please designate in your response team members and sub-consultant’s role and the approximate amount of time each will work on the project.

A. Identification of the single point of contact for the team to include name, email address, and phone number.

B. Identification of key personnel to be assigned to the project.

C. Availability and commitment to undertake the project for each key team member. This includes the amount of time they are each committed to the project.

D. Organizational chart illustrating reporting lines, responsibilities, names, and titles for key participants proposed by the firm and each of its key sub-consultants

E. Resumes for each key individual on the team and identification of that person’s role. List any education, registrations that may be relevant to this project.

Pohl Recreation Center Renovation-Phase 1 002400 - 3

Relevant Experience and Capabilities

1. Relevant experience and capabilities will be assessed through a review of both completed and ongoing projects; however, information desired is on completed projects similar in scope, size, and complexity. Provide detailed data for no more than five (5) projects on which the firm and the proposed team members have been involved in providing services and which best illustrate current experience and capabilities relevant to this project. The selected firm will be highly qualified with proven experience in programming facilitation and design in highly engaging student recreation spaces on university campuses.

2. For each project, please provide the following information:

A. Project name and location

B. Brief project description, including:

i. Size and scope

ii. Firm’s role in project

iii. Key firm strengths exhibited by project and relevant to this Project

C. Owner’s name, address, contact person, email address, and telephone number

D. Identification of proposed personnel involved in the submitted project, along with explanations of their role in that project(s).

E. No more than five (5) color photographs (or renderings) per project:

i. Images should not be selected to facilitate evaluation of design

ii. Images need not be submitted for every project for which data is provided, but project data must be provided for all project images included.

F. Schedule Data (any unusual events or occurrences that affected the schedule should be explained)

i. Date design phase (programming) began

ii. Design phase (construction documents) complete date

iii. Construction substantial completion date

G. Construction Cost Data

i. Pre-design (programming) construction budget

ii. Pre-construction (60% construction documents) construction budget

iii. Actual construction budget at substantial completion

H. Method of Construction Procurement Utilized

3. For no more than five (5) other projects relevant to the project scope and for each member of the Design Team, provide a list of project names, project sizes, project dates, and owner contact information which further illustrates experience and capabilities relevant to this project.

4. Approach:

A. Most pertinent consideration in programming the project – State briefly what the firm believes to be the most pertinent consideration(s) and challenge(s) that must be addressed in the program of a project of this type. Sketches, diagrams, analyses, or other tools that will help illustrate the firm’s points may be included.

Pohl Recreation Center Renovation-Phase 1 002400 - 4

B. Most pertinent consideration in designing the project – State briefly what the firm believes to be the most pertinent consideration(s) and challenge(s) that must be addressed in the design and construction of a project of this type. Sketches, diagrams, analyses, or other tools that will help illustrate the team’s points may be included.

C. Unique qualifications – State why the firm believes the team is qualified to address the core issues that the firm finds to be relevant to this project.

D. Proposed methods of design team organization and communication with the various project user groups to ensure quality – Discuss how the firm would coordinate, ensure quality and transition from the development of the program documents to design solutions, to the production of contract documents, and then to construction administration. Be specific with regard to internal and external communications, drawing quality control, construction cost estimating capabilities, proposed construction specification system, approach to construction administration, and responsible individuals including their location (e.g., on-site or specific office). Also discuss the firm’s demonstrated approach to full engagement in the construction administration process and full participation in all project meetings.

E. Experience with and/or ability to produce highly successful designs and work within an interactive review process. Present how the proposed team has performed on past projects in which this type of review process provided for key project decisions.

F. Schedule – show a schedule which results in occupancy of the facility. Develop the schedule with each phase of work to include:

i. Programming

ii. Schematic Design

iii. Design Development

iv. Construction Drawings (60% and 100%)

v. Construction Administration

vi. Substantial Completion

vii. Final Completion

viii. FF&E Installation

ix. Owner Occupancy

x. Record Documents

Schedule should reflect an understanding and impact of the construction delivery method for this project.

Historically Underutilized Businesses (HUB)

HUB Subcontracting Plans (HSP) will be required with your response. The HSP must cover Programming, Design, and Construction Administration activities and associated sub-consultants.

UNT System will accept both your response and the HUB Subcontracting Plan electronically through Jaggaer link https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS. Please submit the HUB Sub-Contracting

Plan as a separate file from your RFQ response. Thus, you will submit two (2) separate electronic files, one for the

HUB Sub-Contracting Plan and the other for the RFQ response.

Plan for participation of Historically Underutilized Businesses (HUB):

1. It is the policy of the Owner to promote and encourage contracting and subcontracting opportunities for HUB in all contracts. A HUB Subcontracting Plan (HSP) must be submitted with this proposal as specified in “3” below.

Pohl Recreation Center Renovation-Phase 1 002400 - 5

2. The Owner has determined subcontracting opportunities are possible and have identified the following areas:

• Programming, Mechanical Engineering, Electrical Engineering, Plumbing Engineering, Structural

Engineering, Interior Design, Construction Cost Estimating, Code Consultation, Audio Visual Design

3. Subcontracted work, whether identified by the Owner or not, is required to be identified in the HSP. Please complete the attached HSP for all subcontracting opportunities to be utilized in the project. Failure to complete the HSP correctly will disqualify the firm’s RFQ response.

Only responses with approved HSP’s will be evaluated. Failure to return the HSP in a separate, clearly marked pdf file, separate from your RFQ pdf response, will prevent the Owner from evaluating your response or your

HSP may be submitted electronically though Jaggaer link:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS.

Firms are encouraged to contact Lisa Tovar-Martinez by email to hub@untsystem.edu with questions regarding completing the HSP. Additional information can also be found at the Texas Comptroller for Public

Accounts website at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/.

Contract

Contract modifications are not expected and will not be considered or accepted by Owner. Responding firms should carefully review this agreement prior to submitting qualifications.

The planned project delivery method is Construction Manager at Risk.

Selection Process/Description of Process

The selection process starts after the RFQ is posted on the Electronic State Business Daily on the date listed in

Selection Schedule. Following this stage, the selection process is as follows:

1. A pre-solicitation meeting will be held at the Pohl Recreation Center, 1900 Chestnut Street, Room # 205, Denton, Texas, with a site visit being held directly after on October 31, 2024 @ 3:00 p.m. (CST) to answer any questions the potential firms may have before completing their response.

Qualifications are due on or before 2:00 p.m. (CST) on November 20, 2024. Responses must be limited to no more than twenty-five (25) pages. Covers, table of contents and divider tabs will not count as pages, provided no additional information is included on those pages. Cover letter will not count as part of the twenty-five (25) pages as long as the cover letter does not include information on how the work will be performed. All documents should be printed one-sided and submitted in 8 1/2” X 11” page size, portrait style. Proposals received that are late or exceed the number of pages listed above will not be accepted. Please submit your response through the Jaggaer link at:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS

In order to submit proposals electronically, Proposer must have a working, registered vendor username and password to login. If this is the first time Proposer has attempted to submit a response electronically, please register at:

Proposers are highly encouraged to ensure you have a working login in advance of the submission deadline.

Proposer is responsible for ensuring it has the technical capability to submit its proposal via electronic submission.

Browser requirements: Chrome mailto:hub@untsystem.edu http://www.window.state.tx.us/procurement/prog/hub/hub-forms/ http://www.window.state.tx.us/procurement/prog/hub/hub-forms/

Pohl Recreation Center Renovation-Phase 1 002400 - 6

Proposer shall be solely responsible for ensuring timely submission of the Proposal.

UNTS is not responsible for equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of a Proposal of inaccessibility of the submitted data. Proposers are highly encouraged to prepare and allow for sufficient time to familiarize themselves with the electronic submission requirements and to address any technical or data issues

Prior to the Proposal due date and time.

Hand Delivered, Email or faxed responses will not be accepted.

The HSP is due on or before November 20, 2024, at 2:00 p.m. (CST). The HSP will be submitted as a separate pdf attachment from your response electronically through the Jaggaer link:

2. The Owner may conduct formal interviews.

3. The top-ranked firms will be notified on or about the date listed in Selection Schedule.

4. The Owner expects to reach a contractual agreement with the top-rated firm shortly after notification and will expect the programming and/or design work to begin immediately thereafter. All documents related to this project shall be and become the property of the Owner.

5. The Owner reserves the right to reject any or all qualifications at any point during this selection process for any reason.

Selection Schedule Summary

The schedule for selection is as follows:

RFQ posted on the Electronic State Business Daily October 21, 2024

Pre-Solicitation Meeting/Site Visit October 31, 2024 @ 3:00 pm

Qualifications received no later than November 20, 2024 @ 2:00 pm

HSP received no later than November 20, 2024 @ 2:00 pm

Notify short listed firms, if Owner elects to interview-on or about November/December 2024

Interview short-listed firms, if Owner elects to interview-on or about December 2024

Notify top-ranked firm, on or about December 2024

Approve Contract/Issue Notice to Proceed on or about December 2024

The Owner may choose not to conduct interviews. The selected firm will be notified by the Owner that they are top ranked and contract negotiations will begin.

Additional information and amendments may be posted on:

http://www.txsmartbuy.com/esbd;

as well as Jaggaer site at: https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS.

http://www.txsmartbuy.com/esbd

Pohl Recreation Center Renovation-Phase 1 002400 - 7

Evaluation Criteria

The selected firm will be highly qualified with proven experience in programming facilitation and design in highly engaging recreation spaces on university campuses. The selected firm will have experience in renovation scopes of active/ occupied recreation facilities.

Firms will be selected on the basis of experience and qualifications using the following criteria (many of the criteria are subjective):

1. Relevant successful experience will be evaluated on the basis of the experience of those key individual(s) named to the project team. Demonstrated successful experience in:

a. Programming, Design and Construction Administration of other projects of similar character to this project which best meets the intent of these criteria.

2. Firm performance and quality of past and current projects as included in response, including demonstrated success in delivering projects with aggressive schedule or implementation of phasing requirements utilizing construction manager at risk construction delivery method.

3. Current capabilities will be evaluated on the basis of the experience and capacity (current workload and availability) of the individuals assigned to the team for:

a. Design and Construction Administration

4. Demonstrated ability to seamlessly manage and transition from programming to design and construction.

5. Project Management Procedures and the planning process will be evaluated based on the information presented in this RFQ. In addition, the quality assurance process, construction administration approach, specific project approach (work plan/schedule), and technical support capabilities will be reviewed.

6. The firm’s demonstrated ability to monitor construction cost estimates including approach to the volatile construction material and long material lead times during the design process to ensure Owner’s construction budget is not exceeded at each step in the design process from programming to construction documentation.

7. Quality and responsiveness of the RFQ submittal – if applicable, the interview.

8. Local representation will be evaluated on the ability to respond quickly to issues during the duration of the project.

The criteria above will be further discussed with Design Professionals selected for interview. The Design Professional should be prepared to answer questions from the evaluation team related to any of the criteria.

Questions

Please address your questions concerning this RFQ to:

Carrie Stoeckert, Construction Contract Expeditor III

University of North Texas System

Strategic Infrastructure, Planning, & Construction

Please submit solicitation questions to:

Carrie.Stoeckert@untsystem.edu mailto:Carrie.Stoeckert@untsystem.edu

Pohl Recreation Center Renovation-Phase 1 002400 - 8 University of North Texas System REQUEST FOR QUALIFICATIONS

All questions must be received no later than November 6, 2024, at 2:00 p.m. CST. All questions and answers will be posted to the website by 5:00 p.m. CST, November 8, 2024.

The Owner may in its sole discretion respond in writing to questions concerning this RFQ. Only Owner’s responses made by formal written Addendum to this RFQ shall be binding and shall be posted on the UNT System website located at https://finance.untsystem.edu/vendor-resources/bid-inquiry/bid-opportunities.php as well as the Jaggaer site at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UNTS; http://www.txsmartbuy.com/esbd. Oral or other written interpretations or clarifications shall be without legal effect.

Do not contact any other individuals from the UNTS or from UNT. This may result in disqualification.

END OF SECTION

http://www.txsmartbuy.com/esbd

PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement is made and entered into by and between University of North Texas {System or Institution Name}, hereinafter called “Owner”, and {Firm Name} hereinafter called “Design Professional”, duly licensed by the laws of the State of Texas to provide architecture or engineering Services in the State of Texas. The capitalized term “Party” refers to either the Owner or Design Professional individually and the term “Parties” refers to Owner and Design Professional collectively. The effective date (“Effective Date”) of this Agreement shall be the date of the last signature by the Parties hereto.

ARTICLE I

PROJECT

1.1 Owner desires and intends to conduct {Project Name} (“Project”), on {Campus}, to be completed in accordance with the requirements herein. The specific Scope of Services is described in Exhibit A, attached and incorporated herein for all purposes.

1.2 Owner does hereby engage Design Professional and Design Professional does hereby agree to perform for and furnish to Owner under the terms and conditions of the Contract Documents all services, studies, investigations, and labor incident to the architectural and engineering design, and other services necessary and reasonably inferable to complete the Project.

ARTICLE 2

CONTRACT DOCUMENTS

2.1 The Contract Documents consist of:

2.1.1 This Agreement and all exhibits and attachments listed, contained or referenced in this Agreement, as may be amended;

2.1.2 The Uniform General Conditions for Construction and Design Contracts for the University of North Texas System (“Uniform General Conditions” or “UGC”);

2.1.3 Supplementary General Conditions (SGC) or Special Conditions, if any;

2.1.4 Owner’s Specifications;

2.1.5 All Addenda issued prior to the Effective Date of this Agreement;

2.1.6 All Amendments issued after the Effective Date of this Agreement;

2.1.7 The Drawings, Specifications, details and other documents developed by Design Professional for the Project and accepted by Owner;

2.1.8 The Drawings and Specifications developed or prepared by Owner’s other consultants, if any, and accepted by Owner; and

2.1.9 The HUB subcontracting plan submitted or amended by Design Professional and approved by Owner for this Project.

SAMPLE

PROFESSIONAL SERVICES AGREEMENT Page 2 of 17 UNT SYSTEM – OGC Approved 6/5/2024 – 6/30/2026

2.2 The Contract Documents form the entire and integrated agreement between Owner and Design Professional and supersede all prior negotiations, representations, or agreements, written or oral.

2.3 To the extent the terms of this Agreement conflict with the UGCs and/or the SGCs, the terms of this Agreement will control.

2.4 If there is an irreconcilable conflict between or among the various documents that make up the Contract Documents, the interpretation that provides for the higher quality of material and/or workmanship will prevail over all other interpretations.

ARTICLE 3

DEFINITIONS

3.1 Terms, words, and phrases used in the Contract Documents shall have the meanings given in the

Uniform General Conditions.

3.2 The following terms, words, and phrases used in the Contract Documents shall have the following meanings, and if more specific than the definition given in the Uniform General Condition, the more specific given in this Agreement shall control.

3.2.1 “Alternate” shall mean the amount stated in the bid to be added or deducted from the amount of the base bid if the corresponding change in the Project scope or alternate materials and/or methods of construction is acceptable.

3.2.2 “Applicable Law” shall mean all laws, codes, rules, regulations, judgments, ordinances and similar pronouncements of Appropriate Authorities.

3.2.3 “Appropriate Authorities” and “Granting Agencies” shall mean any private, local, municipal, county, state, regional, or federal authority agency which may be involved in the Project.

It is intended to include the authorities and agencies which require information, Drawings, and Specifications, etc., concerning the Project.

3.2.4 “Construction Cost Estimate” shall mean Design Professional’s dated estimate, prepared and updated by Design Professional’s construction cost estimating consultant(s), which shall include the Major Categories of Work of the entire Project’s cost of construction and contingency with respect to each phase of development, delivered to the Owner.

3.2.5 “Design Schedule” shall mean a schedule for the performance of Design Professional’s services that show the order in which Design Professional proposes to carry out Design Professional’s Services.

3.2.6 “Design Work” means the design, administration, procurement, materials, equipment, and all services necessary for Design Professional, and/or its agents, to fulfill Design Professional’s obligations under this Agreement.

3.2.7 “Direct Personnel Expenses” shall include direct compensation paid for employees engaged on the Project, including architects, engineers, designers, job captains, draftsmen, technicians, Specifications writers, and typists whether engaged in consultation, research, design, and production of Drawings, Specifications, and other documents relating to the Project, job site inspection or other services. Compensation, as used in this paragraph, shall include other mandatory and customary benefits such as insurance, social security contributions, sick leave, holiday or vacation pay, pensions, and similar benefits

3.2.8 “Major Categories of Work” shall mean applicable categories of construction Work required for completion of construction of the entire Project, which may include but not be limited to the following: demolition, site preparation, grading and earth work, general construction, PROFESSIONAL SERVICES AGREEMENT Page 3 of 17 heating, ventilating, air conditioning, plumbing, electrical, voice and data cabling, security features, elevators, special systems, and site improvements.

3.2.9 “Owner's Design Review” shall mean Owner's review at each of the design development phases, the periods of which shall be included in the Project Design Schedule. Drawings and Specifications developed to that point in design progress and the estimated construction cost shall be furnished to Owner as required.

3.2.10 “Project Budget” shall mean Owner's estimate of the total Project cost from inception to Final Completion.

3.2.11 “Project Team” shall mean Owner, Contractor, Design Professional, and any separate contractor and other consultants employed for the purpose of programming, design and construction of the Project. The composition of the Project Team may vary at different phases of the Project. The Project Team will be designated by Owner and may be modified from time to time by Owner.

3.2.12 “Reasonable Time” shall mean the earlier of ten (10) calendar days or such lesser amount of time as may be required to avoid delay of the Project.

3.2.13 “Services” means the provision of all services, labor, materials, supplies, and equipment that are required of Design Professional to complete the Project in strict accordance with the requirements of the Contract Documents.

ARTICLE 4

DESIGN PROFESSIONAL’S GENERAL RESPONSIBILITIES

4.1 Design Professional agrees and acknowledges that Owner is entering into this Agreement in reliance on Design Professional’s represented expertise and special and unique abilities to provide the Design Services. Design Professional shall perform its services with the professional skill and care ordinarily provided by competent Design Professionals practicing under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Design Professional.

4.2 Design Professional shall comply with all applicable federal, state, and municipal laws, regulations, codes, ordinances, and orders in the provision of the Services.

4.3 Design Professional shall be solely responsible for the full cost of correcting any non-conforming services, including any rendered by Design Professional’s consultant(s) that do not meet the standard of care.

4.4 Design Professional shall design the Project such that it can be built with Alternates, within the

Project Budget and/or under the Construction Cost Limitation.

4.5 All professional Services herein specified are to be performed wholly at the risk of Design

Professional, and Design Professional shall take all precautions for the proper and safe performance thereof. Design Professional assumes all liability for the Design Work. Neither Design Professional nor any of its agents or employees shall act on behalf of or in the name of Owner except as provided in the Contract Documents or unless authorized in writing by Owner's Representative.

4.6 Design Professional's representative shall possess full authority to receive instructions from Owner and to act on those instructions. Design Professional will not change its representative without prior written approval of Owner.

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4.7 Design Professional shall pay all royalties and license fees, which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Design Professional and used in the performance of the Services.

4.8 Design Professional shall participate in review sessions with Owner’s designated representatives at the end of each review period. Owner will provide its review comments to Design Professional on the form used by Owner for internal document review, and Design Professional shall provide a detailed written response to each of Owner’s review comments and shall incorporate into the Construction Documents such correction and amendments as Owner requests, unless Design Professional reasonably objects to such changes in writing and Owner agrees to the objections.

Owner’s approval of revised documents submitted by Design Professional shall not constitute or be deemed an approval of any unlisted changes, and any costs for any Additional Services subsequently required and/or rendered for such unlisted changes shall be Design Professional’s sole responsibility.

4.9 Design Professional’s services shall be reasonably accurate and free from material errors or omissions. Upon notice, Design Professional shall promptly correct any known or discovered error, omission, or other defect without any additional cost or expense to Owner.

4.10 Design Professional shall identify to Owner in writing anything in Design Professional’s drawings and specification and any other drawings, plans, sketches, instructions, information requirements, procedures, requests for action and other data supplied to Design Professional (by Owner or any other party) that Design Professional regards as unsuitable, improper or inaccurate in connection with the purposes for which such documents or data are furnished. Design Professional shall be solely responsible for the use of such documents or data unless Design Professional advises Owner in writing that in its opinion such documents or data are unsuitable, improper, or inaccurate and Owner instructs Design Professional in writing to proceed in accordance with the documents or data as originally provided.

4.11 Design Professional shall fully document its project activities in mediums appropriate to the scope of work. Design Professional shall bear the cost of providing all plans, specifications, and other documents used by Design Professional and its consultants.

ARTICLE 5

DESIGN PROFESSIONAL SERVICES

5.1 Design Professional shall perform all services as described in Scope of Services attached as

Exhibit A.

5.2 Basic Services

5.2.1 Design Professional shall cooperate with other professionals or consultants employed by Owner for this Project or for the design of other Work related to the Project. Design Professional shall consult, to the extent necessary or required by Owner, with designated representatives of Owner on the Project. Nothing in the foregoing shall create a contractual relationship between Design Professional and any consultants retained or employed by Owner.

5.2.2 Design Professional shall designate in writing a principal or member of its staff satisfactory to Owner as the Project Design Professional who shall, so long as her/his performance continues to be acceptable to Owner, remain in charge of the Services for the Project from the onset of design through completion of the Project and acceptance by Owner. No changes are to be made to Design Professional's team without prior written approval from Owner.

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5.2.3 Design Professional shall contract for or employ, at its expense, consultants for design of the Project, including architects, civil, structural, mechanical, plumbing, and electrical engineers, and landscape architecture design professional licensed as such by the State of Texas. Design Professional shall submit for approval by Owner the recommended consultants for each professional element of service of this Project, but Design Professional will be responsible for the Design Work of the consultants. Nothing in the foregoing requirement or procedure shall create any contractual relationship between Owner and any consultants employed or subcontracted by Design Professional under the terms of the Contract Documents.

5.2.4 Design Professional shall assist Owner in coordinating requirements set forth by

Appropriate Authorities, Granting Agencies, and the Authority Having Jurisdiction as designated by Owner, whose participation in or interest impacts the design, the cost, and/or the construction of this Project.

5.2.5 Design Professional shall perform all the services specified herein in accordance with generally accepted professional standards. All Design Work drawn and specified, shall conform to and be in compliance with all applicable codes, laws, ordinances, regulations, and published legal restrictions which shall include, but not be limited to, The International Building Code, 2015 Edition and NFPA 101 Life Safety Code, 2018 Edition.

5.2.6 All Design Work drawn and specified shall include incorporation of the provisions of the Energy Conservation Design Standard for New State Buildings as administered by the State Energy Conservation Office, State Comptroller's Office of the State of Texas. Design Professional shall provide Owner with a Statement of Compliance and associated compliance documentation as required.

5.2.7 Design Professional shall assist with and attend with Owner Representatives an open meeting to be held pursuant to Section 2166.403(b) Texas Government Code, to verify the economic feasibility of incorporating alternative energy devices for space heating, cooling, water heating, electrical loads, and interior lighting into the building's design and proposed energy system. At a minimum, Design Professional shall provide an economic evaluation for the potential of renewable energy applications pursuant to the legislative requirements.

Guidelines are available from the State Energy Conservation Office or State Comptroller's Office.

5.2.8 All Design work shall include landscape design required pursuant to Texas Government Code Section 2166.404 and UNT System Design guidelines. Design Professional shall provide requirements meeting these guidelines.

5.2.9 Design Professional shall become sufficiently familiar with the existing facilities, systems, and conditions at the Project location so that the proposed Project will completely and properly interface functionally with them.

5.2.10 Design Professional shall participate in the pre-design conference wherein the Work under the Contract Documents shall be outlined, to include the scope, budget, instructions, procedures, and schedules with Owner Representative, Design Professional, and other representatives including approved consultants, as deemed necessary by Owner.

5.2.11 All Drawings shall be prepared on sheets 42" x 30" size (trimmed) and all Specifications shall be prepared in bound form.

5.2.12 Design Professional shall:

5.2.12.1 Furnish all labor and equipment and provide all of the materials required to complete the Services;

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5.2.12.2 Perform all Services with promptness and diligence so that construction of the Project may commence and may be completed as set forth herein;

5.2.12.3 Properly perform all Services specified herein;

5.2.12.4 Have full control and direction over the mode and manner of performing the Services covered by the Contract Documents.

5.2.13 All professional Services herein specified are to be performed wholly at the risk of Design Professional, and Design Professional shall take all precautions for the proper and safe performance thereof. Design Professional assumes all liability for the Design Work.

5.3 Design Schedule

5.3.1 Twenty-one (21) days after the execution of this Agreement and the pre-planning conference, Design Professional shall prepare and submit for approval to Owner a Design Schedule (in a format acceptable to Owner) showing the coordinated order and time frame in which Design Professional proposes to carry on the Project. The Design Schedule shall include all major activities to ensure comprehensive and timely progress of the Design Work. The Design Schedule shall apply to the completion of all services in Exhibit A attached hereto. Design Professional shall, when requested, update the Design Schedule and deliver a reproducible version to Owner within fourteen (14) calendar days.

5.3.2 The Design Schedule shall be in the form of a progress chart indicating all major tasks to be accomplished and the time for starting and completing the task.

5.3.3 The Design Schedule shall include allowances for period of time required for Owner’s review, for the performance of owner’s consultants, and for approval of submissions by Appropriate Authorities having jurisdiction over the Project.

5.3.4 The Design Schedule shall include preparation and submittal of all required LEED documentation in accordance with U.S. Green Building Council (USGBC) guidelines for LEED NC certification projected to be at minimum Silver; provided, that this section shall not apply if the Project is not a LEED Project.

5.3.5 Once approved by Owner, time limits established by the Design Schedule shall not be exceeded by Design Professional or Owner, except for reasonable cause; provided, however, reasonably foreseeable occurrences, such as typical weather conditions, vacation time, and standard attrition, shall not constitute reasonable cause for purposes of extending time limits established by the Design Schedule.

5.4 Other Responsibilities of Design Professional

5.4.1 Design Professional shall comply, at its own expense, with the provisions of all state, local, and federal laws, regulations, ordinances, published legal requirements, and codes which are applicable to the performance of Work or Services hereunder or applicable to Design Professional as an employer of labor or otherwise. Design Professional shall further comply with all laws, rules, regulations, and licensing requirements pertaining to its professional status and that of its employees, partners, associates, subcontractors, consultants, and others employed or retained by him to render any services hereunder.

5.4.2 Any approvals by Owner of Design Professional's Services shall not waive, relieve, limit, or release Design Professional from any of its responsibility or liability for its Services or

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5.4.3 Design Professional's liabilities, responsibilities, and obligations provided for in this Article shall not limit or supersede any of Design Professional's other liabilities, responsibilities, and obligations either at law or otherwise under the Contract Documents.

5.4.4 Design Professional shall comply will all requirements of the Design Guidelines, Master Specifications and Telecommunication Infrastructure Standards. Any proposed deviations from Design Guidelines and/or Master Specifications must be submitted in writing to Owner for approval. Design Professional shall not proceed with any such deviations without prior written approval of Owner.

5.4.5 Design Professional shall assist and coordinate with Contractor as otherwise may be required.

5.4.6 Design Professional agrees to allocate Design Work to consultants that are historically underutilized businesses in accordance with the currently approved Historically Underutilized Business Subcontracting Plan (HSP), submitted with the RFQ response. No changes to the HSP may be made unless approved in writing by Owner. While this Agreement is in effect and until the expiration of one year after Final Completion, Owner may require information from Design Professional, and may conduct audits, to assure that the Plan is followed.

5.5 Additional Services

5.5.1 Prior to commencing any Additional Services, Design Professional shall submit to Owner an Additional Services proposal describing, in detail, (a) the nature and scope of the Additional Services, (b) the basis upon which Design Professional believes such services constitute Additional Services rather than Basic Services, (c) the fee, calculated in accordance with this Agreement and Reimbursable Expenses…