DATE: May 5, 2026 PAGE 1 of 62

RFQ NUMBER: FM2026-008 Deferred Maintenance 2026-2029 Project Management Services

BID OPENING DATE & TIME:

May 13, 2026 at 2:00 PM CDT

ATTACHED:

Sample UT System Project Management Agreement

Pre-Submittal Meeting sign-in sheet

Pre-Submittal Meeting presentation

REPLACE:

Section 2.3.1, final paragraph, should read: Projects will occur across academic, research, administrative, and student services facilities throughout the UTA campus.

CLARIFICATIONS:

Q: Sections 3.5.11 and 3.6.4 both request information regarding the Prime Firm’s past experience on University of Texas System projects within the past five (5) years. Please confirm whether responses are required in both sections, or if a single response may be referenced to address both questions.

A: Disregard Section 3.5.11. In your response identify 3.5.11 as “Omitted by

Addendum No. 1”

Q: Section 4.1.2 notes a minimum font size of 11-point for the Statement of

Qualifications. Please confirm whether this requirement applies to submitted resumes as well, or if it is limited to the narrative portions of the proposal

A: Yes, 11-pont font requirement applies to submitted resumes.

ADDENDUM 1

Q: The RFQ references HUB participation requirements and submission of a HUB

Subcontracting Plan, while the pre-bid HUB meeting indicated that VetHUB participation is required. Please confirm whether VetHUB certification alone satisfies the HUB requirement for this solicitation, or if standard HUB compliance is acceptable per the RFQ.

A: The VetHUB rules became effective on December 2; however, this RFQ does not include any subcontracting opportunities at this stage. Because of that, vendors are only required to submit a self-performing plan with their RFQ response. If the contract is awarded and subcontracting becomes necessary later, a revised subcontracting plan that complies with the VetHUB requirements will be required at that time.

Q: We did not see a scoring matrix indicated within the RFQ. Will a scoring matrix be utilized in the selection process, and if so, is it possible to share that?

A: No, we will not be sharing the scoring matrix.

Q: Can you share the DM budgets from 2023, 2024, and 2025?

A: We will not be sharing these in reference to this project.

Q: Under the Deferred Maintenance program, what is the reporting hierarchy of UTA staff that the selected Firm(s) would report to?

A: Report to AVP of OFM. Work closely with and under guidance of individual shop/trade directors.

Q: How many Facilities staff are Project Managers at UTA, and what will their role be in working alongside the selected PM firm(s)?

A: Several. They will help liaise with the PM firms.

Q: Is there a separation of Capital projects from DM projects or are they co-mingled among the staff and teams?

A: Separate, but adjacent.

Q: Is there a desired staffing plan that UTA would like to see presented by the bidding Firm(s)? Or is a standard organization chart sufficient?

A: Present what your experience has shown to be most successful.

Q: Will one of the selected Firm(s) be expected to manage other PM firm(s)? Or will all selected PM firms report directly to UTA?

A: Selected PM firms will report directly to UTA.

Q: What is the desired intent on how the selected Firm(s) will engage daily with UTA leadership, staff, project team, and projects?

a. Are the selected firm(s) personnel expected to office full-time at UTA facilities? Or will the selected firm(s) be given the option to office out of their home office location depending on position and role within the program/projects?

b. Will all meetings be expected to be in person or is a mixture of virtual and in person acceptable?

A: Project/phase dependent – but would expect appropriate routine engagement

(likely daily at key phases and less at others). Officing is flexible. Expect meetings to be a mix, as project phase calls for.

Q: Under Scope of Services 2.3.2, Responsibilities, there is a note to “Establish standardized project management processes and templates”.

a. Is the intent to have the selected PM team bring with them their own processes that would be implemented at UTA in all current and future project efforts?

b. Or is it a general note to ensure that the bidding PM firm does have a process to bring with them?

c. Does UTA already use a project management software (like E-Builder) that will be used to manage projects through budgeting, scheduling, and forecasting.

A: The intent is that the selected PM firm will bring their own processes to use for management of this project.

Q: Under Scope of Services 2.3.2, Project Planning and Development, there is a note to “Validate or refine cost estimates and project budgets”.

a. Is the intent to utilize recent and similar project and construction costs for validation?

b. Or, is it intended to implement the services of a 3rd Party Estimator for a more detailed validation?

A: Combination of both, project scope/scale dependent.

Q: Under Scope of Services 2.3.2, Financial and Reporting Services, there is a note about “Budget monitoring.”

a. Does UTA currently implement or employ the use of software (like E-

Builder or similar) to budget their current projects?

b. Are project financial details (budgets, projections, costs to date, overages, etc.) tied to any financial software of the University that need to be considered?

A: No. Use your preferred software as long as periodic reports and ad hoc reports are available for review.

Q: Under Scope of Services 2.3.2, Financial and Reporting Services, there is a note in regards to “Executive-level dashboards”.

a. Does UTA have a Dashboard software that needs to be used/shared with the selected firm?

b. Is UTA looking for the selected PM firm(s) to bring their own Dashboard reporting software?

c. Or, is UTA looking for general, professional reporting methods that can be edited in a dashboard style for various leadership presentations?

A: Intent is for PM firms to bring their own Dashboard reporting software to prepare professional reporting methods that can be edited in a dashboard style for various leadership presentations

Q: Under SECTION 3 – REQUIREMENTS FOR STATEMENT OF

QUALIFICATION, 3.6 CRITERIA SIX, Subsection 3.6.5, it states, “please identify any terms of the Agreement you may may request to be changed prior to signing the Agreement.” Can the Agreement be shared so this can be reviewed prior to submitting our response?

A: Agreement is included in this Addendum.

Q: Is there a preferred construction delivery method for this program, such as JOC, CSP, CMAR, etc.?

A: Preferred construction delivery method depends on the project.

Q: Can digital signatures be used instead of wet signatures?

A: Yes

Q: Please confirm that the 11pt minimum font restriction does not apply to footers, captions, graphics, or tables and charts.

A: 11pt minimum font restriction does not apply to footers, captions, graphics, or tables and charts.

Q: Can you please clarify what you are looking for in the response for 3.1.4 vs

3.3.1? I take consultant to mean subconsultants vs internal team, so am unsure what information is being asked for the Prime firm/team vs any subconsultants used?

3.1.4: Provide a graphic representation of the project team, identifying the Prime Firm and each consultant proposed for the project.

3.3.1: Describe, in graphic and written form, the proposed project assignments and lines of authority and communication for principals and key professional members of each consultant that will be involved in the project. Indicate the estimated percent of time these individuals will be involved in the project for design and construction

A: For each include requested information about prime firm team and any subconsultants that are typically used.

Q: If we are able to provide all services in house, are we able to submit as "self-performing" on the HSP plan, which would not require the use of a VetHUB firm?

A: Yes, please submit a self-performing HUB Subcontracting plan.

Q: What is the campus square footage? The number helps us to consider scope of projects.

A: Projects have been determined independent of the total campus square footage.

Q: Please provide a list of the buildings covered under this agreement? This would help to identify types of work (mechanical, electrical, plumbing, structural, fire/life safety, elevator, etc.).

A: The types of work for this project have been identified and include mechanical, electrical, plumbing, structural, fire/life safety, elevator. Specific projects to be managed by PM will be provided upon award.

Q: Is there an existing FCA we can review and how old is it?

A: A Facilities Condition Assessment was completed in 2023 and may be made available upon award.

Q: What is the capital budget for the foreseeable future (at least 3 years per the

RFQ would be helpful for capital planning)?

A: The budget is cadence- and performance-dependent, but we anticipate total PM-managed projects to range from approximately $10 million to $50 million, with final amounts determined by the University.

Q: What CMMS is used and how comprehensive/up to date is the deferred maintenance data?

A: The DM projects have been pre-identified using tools outside of our CMMS system.

Q: What is UT Arlington currently using for project management software and what system is preferred (we can adjust, but can we use our own)?

A: Prefer to use Project Plan 3, though we are open to others which import easily.

Q: How is project management currently overseen and procured--in-house or third party owner's rep?

A: Project management is currently performed in-house.

Q: If project management is handled under third party owner's rep, is it the same one or various service companies?

A: See above.

Q: What is the client's preferred contract type (design-build, CM at risk, lump sum, design-bid-build)?

A: Preferred contract type depends on the project.

Q: What is the contractor's expectation for bidding (sole-source, number of bids, based on contract amount, etc.)?

A: This will depend on the project.

Q: Is there a staffing expectation (number and types of personnel)?

A: It is expected that the staffing will include those necessary to complete the work.

Q: To what extent is the deferred maintenance prioritization complete (the RFQ states the selected firm would assist)?

A: Projects are identified and grouped, but PM firms’ expertise and experience in helping phase/prioritize is needed.

Q: What will happen if some approved projects are not completed in the 3-year timeframe?

A: It is expected that the projects will be completed in the planned timeframe.

Q: The RFQ states "deferred maintenance program encompassing dozens of projects, ranging from $50,000-$2,500,000"--is there a projected quantity of projects per year for the three years?

A: Dozens of projects, each year, over the 3 years as part of our DM program.

Q: What is the total anticipated budget of projects per year?

A: The budget is cadence- and performance-dependent, but we anticipate total PM-managed projects to range from approximately $10 million to $50 million, with final amounts determined by the University

Q: Has UT Arlington performed a similar capital plan in the past?

A: Yes

Q: Do the financial statements have to go in 3.2.2 or can they be submitted separately as a “Confidential Document”?

A: The financial statements can be submitted as a Confidential Document.

Q: In Section 3.2.2 of the RFQ, it states that three years of audited financial statements are required. Is there another option to fulfill this requirement if we do not have audited financials?

A: If you do not have audited financial statements, please state why audited financial statements are not available and include your firms most recent financial statement.

Q: Could you please confirm whether a sample or draft Agreement will be provided to respondents via an addendum?

A: Yes, a sample agreement is included in this addendum.

Q: The Subcontracting Plan is the responsibility of the Prime contractor, correct?

A: Yes, the prime contractor is required to submit the HUB Subcontracting Plan.

Senior Financial Analyst (817) 272-0192

This addendum forms a part of the contract documents and modifies the original solicitation documents. Acknowledge receipt of this Addendum by returning one (1) signed copy of this notice.

Make all changes identified above to the solicitation documents. All other terms and conditions in the solicitation documents remain unchanged and in full force and effect.

SIGNED: _______________________________________________________

AGREEMENT

BETWEEN OWNER AND SERVICE PROVIDER

FOR MISCELLANEOUS PROJECT MANAGEMENT CONSULTING SERVICES

This Agreement is made as of , 20____ (the “Effective Date”) by and between:

The Owner: The Board of Regents of The University of Texas System c/o The University of Texas at Arlington 1225 West Mitchell Street, Suite 205 Arlington, Texas 76013 and Project Manager:

Texas Tax Account No.:

Contract Number: FM2026-008

This Agreement is for the provision of miscellaneous project management consulting services and construction administration support to be performed as requested by the Owner in accordance with the terms of this Agreement.

The Owner and the Project Manager agree as follows:

This form of agreement is for miscellaneous project management consulting services and construction administration support on The University of Texas System and Institution projects. It has been prepared by the Office of General Counsel for The University of Texas System and its legal terms should not be altered without the approval of the Office of General Counsel.

March 7, 2023

TABLE OF CONTENTS

Article

1. Term of Agreement

2. Maximum Authorized Contract Sum

3. Project Proposal and Authorization to Commence Work

4. Project Manager’s Representations

5. Project Manager’s Personnel

6. PM’s Coordination, Scheduling, Budgeting and Planning Services

6.01 General Coordination

6.02 Scheduling

6.03 Budgets

6.04 Review of Construction Documents

6.05 Construction Planning

6.06 Furniture, Fixtures and Equipment

6.07 Moving

7. PM’s Project Control and Construction

Services

7.01 Project Control

7.02 Project Cost Monitoring

7.03 Change Orders

7.04 Contractor Management

7.05 Wage Rates

7.06 Permits

7.07 Special Consultants

7.08 Review of Work Safety

7.09 Document Interpretation

7.10 Shop Drawings and Submissions

7.11 Reports and Project Site Documents

7.12 As-Built Drawings

7.13 Substantial Completion of the Work

7.14 Start-Up

7.15 Commissioning Services

7.16 Final Completion

7.17 Warranty

8. Additional Services

9. Project Management Schedule

10. Payments to the Project Manager

11. Owner’s Responsibilities

12. HUB Subcontracting Requirements

13. Changes in the Project

14. Indemnification

15. PM’s Liability Insurance

Article

16. Termination

16.01 Termination for Cause

16.02 Termination for Insolvency

16.03 Termination for Convenience

17. Miscellaneous Provisions

17.01 Captions

17.02 Governing Law and Venue

17.03 Waivers

17.04 Severability

17.05 Independent Contractor

17.06 Child Support Certification

17.07 Eligibility Certification

17.08 Franchise Tax Certification

17.09 Payment of Debt or Delinquency to the

State

17.10 Loss of Funding

17.11 Proprietary Interests

17.12 Appointment

17.13 Dispute Resolution

17.14 Notices

17.15 Authority to Act

17.16 Assignment

17.17 Entire Agreement; Modifications

17.18 Records

17.19 Counterparts

17.20 Ownership and Use of Documents

17.21 Responsibility for Individuals Performing

Services; Criminal Background Checks

17.22 Hazardous Materials

17.23 Ethics Matters; No Financial Interest

17.24 Disclosure of Interested Parties

17.25 Certification Regarding Boycotting Israel

17.26 Certification Regarding Business with

Certain Countries and Organizations

17.27 Contractor Verification Regarding

Discrimination Against Firearm Entities or Trade Associations

18. List of Exhibits Exhibit A1 Project Staffing Roster Exhibit A2 Project Staffing Organization Exhibit A3 Personnel Titles and Hourly Rates Exhibit B Pay Application Form Exhibit C Additional Services Proposal Form Exhibit D Work Order Form Exhibit H Policy on Utilization—Historically

Underutilized Businesses Attachment 1 to Exhibit H—HUB Subcontracting Plan

Exhibit G Instructions for Executing Form 1295

March 7, 2023 3

Article 1 Term of Agreement

1.01 Initial Term. This initial term of this Agreement shall begin on the effective date and shall expire twenty-four (24) months after that date unless renewed or terminated in accordance with the terms of the Agreement.

1.02 Renewal Option. The Owner has the option to renew this Agreement terms for two (2) successive two (2) year periods upon written notice to the Project Manager at least sixty (60) days prior to the expiration of the initial or any subsequent term.

1.03 Completion of Work in Progress. The Owner has the option to extend the term of this Agreement, or any renewal period, as necessary for Project Manager to complete work on any project approved by the Owner prior to the expiration of the Agreement.

Article 2 Maximum Authorized Contract Sum

2.01 Maximum Contract Sum. The total, maximum, not-to-exceed amount of money authorized for payment to Project Manager for services provided pursuant to this Agreement is:

Two Million and Zero Dollars ($2,000,000.00)

Total billings for authorized work performed by the Project Manager shall not exceed this maximum contract sum. The maximum contract sum shall not be increased except by written amendment to this Agreement executed by the Owner and the Project Manager.

2.02 No Minimum Amount of Work. Owner makes no representations regarding the amount or type of services, if any, that Project Manager will be asked to provide to Owner during the term(s) of this Agreement. It is expressly understood that the Owner is under no obligation to request any services from Project Manager and no minimum amount of work is required or contemplated under this Agreement. All service requests will be made by the Owner on an as-needed basis, subject to future agreement on the scope of the work and the fee.

2.03 Board of Regents Authorization. Under no circumstances shall the total amount owed to the Project Manager for services rendered under this Agreement exceed Two Million Dollars ($2,000,000.00) in the aggregate until and unless this Agreement is approved by the U. T. System Board of Regents.

Article 3 Project Proposal and Authorization to Commence Work

3.01 In General. The Project Manager agrees to provide project management consulting services and construction administration support for the Deferred Maintenance 2026-2029 project as requested by the Owner in accordance with the terms of this Agreement. The services required of the Project Manager for any particular project phase or stage will be established in accordance with this Article.

3.02 Project Scope. The specific scope of work for the Deferred Maintenance 2026-2029 project shall be determined in advance and in writing between the Owner and the Project Manager.

3.03 Project RFP. At each defined project stage or as the project develops, the Owner shall prepare a Project Request for Proposal (“Project RFP”) identifying the corresponding project scope and describing, in general, the basic services to be provided by the Project Manager.

3.04 Project Proposal. In response to a Project RFP, the Project Manager shall provide Owner with a written Project Proposal. The Project Proposal shall include the following:

(a) A narrative description of Project Manager’s understanding of the proposed project scope of work;

March 7, 2023 4

(b) A detailed statement of the basic and additional services anticipated for the identified scope, including a list of deliverables;

(c) A description of particular phases of the identified work, if applicable;

(d) A Fee Proposal detailing:

1. The total fee for providing the basic services expressed as a “Not to Exceed” amount;

2. The total fee for providing additional services expressed as a “Not to Exceed” amount;

and

3. The total anticipated amount for reimbursable expenses;

(e) A proposed date to commence the work;

(f) A list of all consultants, persons and firms reconciled with previous and/or ongoing phases or stages of work that Project Manager proposes to use in the performance of Project Manager’s scope of work (if applicable);

(g) A schedule of hourly billing rates for any consultants that Project Manager proposes to use in the performance of Project Manager’s scope of work;

(h) A new, revised, or updated HUB Subcontracting plan, if required;

(i) Any qualifications or conditions applicable to the Project Proposal; and

(j) A summary statement of the amount of all previous proposals entered into under this Agreement to date with corresponding dates and percentage complete.

3.05 Project Proposal Review. The Owner and the Project Manager shall review Project Manager’s Project Proposal and negotiate any changes, clarifications, or modifications thereto. The Project Manager shall submit a revised Project Proposal incorporating any changes, clarifications, or modifications made in the review process. The Owner may accept, reject, or seek modification of any Project Proposal.

3.06 Authorization to Commence Work. Upon approval of a Project Proposal by the Owner, the Owner shall issue a written Authorization to Commence Work Order to the Project Manager. The Authorization to Commence Work Order authorizes the Project Manager to begin the work identified in the Project Proposal on the date specified in the Work Order Authorization. The Authorization to Commence Work Order shall include a Work Order number specific to the project and each active, ongoing, and/or complete phase or stage shall be tracked and appropriately reconciled by the Project Manager with regular reporting to the Owner.

3.07 Changes in the Work. In consultation with the Project Manager, the Owner may authorize changes in the Work to be performed by the Project Manager including, but not limited to, increases or reductions in the number of Project Manager’s employees and/or consultants assigned to the project.

3.08 Group Purchase Authority: Texas law authorizes institutions of higher education (defined by

Section 61.003, Education Code) to use the group purchasing procurement method (ref. Sections 51.9335, 73.115 and 74.008, Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Proposer under this contract.

Article 4 Project Manager’s Representations

4.01 Project Manager agrees and acknowledges that Owner is entering into this Agreement in reliance on Project Manager’s represented abilities with respect to performing the design and construction management services required under this Agreement including, but not limited to, leadership and coordination of all of the Owner’s other independent contractors for the Project, including construction general contractors, architects, engineers, surveyors, testing laboratories, trade contractors, and special consultants. Project Manager shall perform its Services diligently and shall endeavor to further the interest of the Owner in accordance with Owner’s requirements and procedures.

4.02 Project Manager agrees to use its best efforts to perform its services: (i) in accordance with the usual and customary standards of care, skill and diligence for project management firms in Texas that provide project management services for projects that are similar in size, scope, and budget to the Project; and (ii) in compliance with all applicable national, federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the Project. There are no obligations, March 7, 2023 5 commitments, or impediments of any kind known to the Project Manager that will limit or prevent its performance of the Services.

4.03 Project Manager agrees that its Services will be accurate and free from material errors. The Project Manager's duties as set forth herein shall at no time be in any way diminished by reason of any approval by the Owner nor shall the Project Manager be released from any liability by reason of such approval by the Owner, it being understood that the Owner at all times is ultimately relying upon the Project Manager's skill and knowledge in performing the Services.

4.04 The Project Manager represents that all persons connected with the Project Manager that provide professional services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction if required and that the person in charge of the performance of Project Manager’s Services shall be, at all times, an architect or engineer currently licensed in Texas.

4.05 The Project Manager agrees to call to Owner's attention anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Project Manager (by the Owner or any other party) which it regards in its opinion as unsuitable, improper, or inaccurate in connection with the purposes for which such document or data is furnished. Nothing shall excuse or detract from the Project Manager’s responsibilities or obligations under this Agreement where any such document or data is furnished unless the Project Manager advises Owner in writing that in its opinion the document or data and any requests made therein for action are unsuitable, improper, or inaccurate and Owner confirms in writing that it wishes the Project Manager to proceed in accordance with the data as originally given.

4.06 The Project Manager agrees to furnish efficient business administration and superintendence and perform its Services in an expeditious and economical manner consistent with the interests of Owner.

4.07 The Project Manager agrees that it shall, at its own cost, correct any defects in the Services as soon as the Project Manager becomes aware of such defects or is notified of such defects. Should the Project Manager refuse or neglect to correct any such defects within a reasonable time after receiving notice, then the Owner shall be entitled to correct the defective Services at the expense of the Project Manager. This commitment by Project Manager is in addition to, and not in lieu of, any other remedy for defective Services which the Owner may have at law or in equity.

4.08 Project Manager represents: (i) if it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Agreement, and the individual executing the Agreement on behalf of Project Manager has been duly authorized to act for and bind Project Manager; or (ii) if it is a partnership, limited partnership, or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Agreement and perform all its obligations hereunder; and the individual executing this Agreement on behalf of Project Manager has been duly authorized to act for and bind Project Manager.

4.09 Project Manager represents that, to the best of its knowledge, neither the execution and delivery of this Agreement by Project Manager nor the performance of its obligations hereunder will result in the violation of or conflict with: (i) any provision of its articles of incorporation or by-laws, its articles of organization or regulations, or any partnership agreement by which Project Manager is bound; (ii) any agreement by which Project Manager is bound; or

(iii) any order or decree of any court or governmental instrumentality relating to Project Manager.

4.10 Except for the obligation of Owner to pay Project Manager certain fees and expenses pursuant to the terms of this Agreement, Owner shall have no liability to Project Manager or to anyone claiming through or under Project Manager by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Project Manager, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the components comprising The University of Texas System, or anyone claiming under Owner has or shall have any personal liability to Project Manager or to anyone claiming through or under Project Manager by reason of the execution or performance of this Agreement.

March 7, 2023 6

Article 5 Project Manager’s Personnel

5.01 The Services to be provided by the Project Manager under this Agreement shall be performed in conformance with the representations of services and personnel set forth in an attachment(s) to this Agreement that is incorporated herein by reference for all purposes. The Project Executive, Project Manager, and any subconsultants identified in the attachment shall not be changed except with the Owner’s prior written agreement, which shall not be unreasonably withheld.

5.02 Subconsultants identified in the attachment or the Historically Underutilized Business (“HUB”) Subcontracting Plan as HUBs shall not be replaced with non-HUBs unless Project Manager documents its efforts to acquire the services of a HUB replacement and why it was unable to do so to the satisfaction of the Owner.

Article 6 Project Manager’s Coordination, Scheduling, Budgeting and Planning Services

In accordance with a Project Proposal Scope of Work and Owner’s Authorization to Commence Work, the Project Manager may provide any or all the following Project Management Services.

6.01 General Coordination.

(1) Direct and oversee the services of the Architect/Engineer in accordance with the Contract between the Architect/Engineer and the Owner without assuming direct responsibility for the work of the Architect/Engineer, and direct and oversee the services of all special consultants in accordance with their respective agreements with Owner without assuming direct responsibility for the work of such consultants;

(2) Participate as a member of the Project Team in the development of the Project Facility program;

(3) Provide overall project management support to the University of Texas at Arlington staff and to the Project Team and coordinate all basic project management requirements. The Project Manager shall report to the Owner’s Designated Representative. The Owner’s Designated Representative has oversight responsibility for the Project Manager and its consultants;

(4) Coordinate management processes with the requirements of the Owner;

(5) Use standard University of Texas at Arlington forms exclusively unless substitute forms are specifically approved in writing by the Owner’s Designated Representative. Representative forms include, but are not limited to: checklists, field authorization documents, change order documents, payment application forms, and RFQ/RFP forms;

(6) Schedule, direct, and attend regular meetings with other members of the Project Team during the development of the design to advise them on site use and improvements, selection of materials, building systems and equipment and methods of delivery of materials, systems, and equipment.

Prior to each meeting, the Project Manager shall prepare and distribute to the other Project Team members a written agenda for the meeting;

(7) Prepare and distribute at each Project Team meeting a memorandum setting forth the list of critical activities which require immediate action and the date(s) by when the activity must be completed, and record and distribute the minutes of each meeting;

(8) Provide recommendations and information to the other members of the Project Team on:

construction feasibility; availability of materials and labor; time requirements for installation and construction; assignment of responsibilities for safety precautions and programs, temporary Project facilities; equipment, materials and services for common use of Construction Contractors;

factors related to cost, including costs of alternative designs or materials, preliminary budgets, and possible economies; methods of verification for determining that the requirements and assignment of responsibilities are included in the proposed Construction Documents, and any other matters necessary to accomplish the Project in accordance with the Schedule (as defined below) and Project budget (as defined below);

(9) At Owner’s request, attend public meetings and hearings concerning the development and schedule of the Project;

(10) Conduct a formal value engineering workshop for the other members of the Project Team after Schematic Design is complete;

March 7, 2023 7

(11) Review and comment on the "Constructability Review" report(s) prepared by the Contractor; and

(12) Facilitate and monitor the development and continuous updating of a Project decision tracking system in a format acceptable to Owner.

6.02 Scheduling.

(1) Review and comment on Contractor’s critical path Project schedule ("Schedule") that coordinates and integrates the Project Manager’s services, the Architect/Engineer's design, the work of other consultants and suppliers, and the Owner's activities with the anticipated construction schedules for other contractors;

(2) Monitor the Schedule and advise the Owner whether the Project is progressing in a manner such that it will be substantially complete by the date established in the construction contract and that the Owner can occupy and utilize the entire Project facilities on that date; and

(3) Monitor the Schedule as is reasonably required to confirm and incorporate an updated, detailed listing for all activities of the Project, including: required activity sequences and durations;

contract document package completion dates; Owner contract document package review periods;

Project building permits acquisition time requirements; Construction Contract bid dates;

processing of shop drawings and samples; a recommended schedule for the Owner’s purchase of materials and equipment requiring long lead time procurement, and delivery dates of products requiring long lead time procurement; and methods to expedite and coordinate delivery of these purchases.

6.03 Budgets.

(1) Prepare and update a Project budget, as necessary, during the Schematic Design, Design

Development, and Construction Document phases. The budget and all updates shall reflect all Project costs including, but not limited to: the Owner’s expenses and contingencies; the Institution’s managed funds; the costs of construction; Architect/Engineer fees; fixtures;

furnishings and equipment; special consultants; and contractors, moving/relocation expenses, regardless of whether such costs are included in Owner’s Preliminary Project Cost or Total Project Cost;

(2) Advise the other members of the Project Team immediately if at any time the Project Manager has knowledge or belief that the previously established Preliminary Project Cost, Total Project Cost, Project Construction Budget or Project Guaranteed Maximum Price will not be met, and make recommendations to the Project Team for corrective action;

(3) At the completion of the Construction Documents for any portion of the Project or any other time deemed necessary by the Owner, update and refine a comparison of actual and projected costs to the Project Construction Budget and, if the actual and projected costs exceed the original Project Construction Budget, develop and implement reasonable strategies to be approved by the Owner to reduce the costs projected to be incurred during all phases of the Project; and

(4) Review and evaluate the responses to each Contractor bid proposal package and advise the Owner as to which proposal provides the best value.

6.04 Review of Design and Construction Documents.

(1) Review the Architect/Engineer’s or Design/Build Contractor’s Design and Construction

Documents at all stages, for incorporation of the Owner's Design Guidelines and Standard Specifications and procedures, and utilization of the Owner's format as directed by the Owner;

(2) Review and issue recommendations for the development of any Special Conditions of the Construction Contract Documents, which shall be approved in writing by the Owner at Owner’s sole option and discretion;

(3) As an ongoing effort but without assuming any responsibility for the professional design of the project, review the Design and Construction Documents as they are being prepared, advise Owner of any error, inconsistency or omission discovered, and recommend alternative solutions whenever design details affect construction feasibility, budget risks or schedules;

(4) Prepare a constructability review report prior to the issuance of the Construction Documents; and

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(5) Coordinate with the Owner to confirm that, at all stages of development, the Design and Construction Documents comply with all applicable State of Texas and The University of Texas System procurement requirements.

6.05 Construction Planning.

(1) Identify items requiring extended delivery times ("long lead items"), and coordinate the procurement of such items to ensure their delivery by the required dates;

(2) Make recommendations to the other members of the Project Team regarding the division of

Construction Documents to facilitate the bidding and awarding of the work, to allow for phased construction and to take into consideration such factors as time of performance, availability of labor, overlapping trade jurisdictions, provisions for temporary facilities, and the Owner’s goals for HUB contractor participation;

(3) Review the Design and Construction Documents with the other members of the Project Team to eliminate areas of conflict and overlap in the work to be performed;

(4) Promote Contractor and Subcontractor interest in the Project and assist the Owner in accordance with local and statutory requirements in taking competitive proposals on the work. After review and analyses of the proposal with the Owner and Architect/Engineer(s), make a recommendation to the Owner for contract awards;

(5) Subsequent to the Owner's award of the Construction Contract, obtain information/documents (as described in the Project Manual) from the Contractor that are necessary for Owner’s execution of the Construction Contract. The Project Manager shall recommend an appropriate course of action for the Owner to take regarding any Contractor who cannot provide the required information/documents;

(6) Assist the Owner, the Contractor, the Architect/Engineer and/or consultant, in obtaining all applicable risk management, code, and regulatory agency reviews and approvals for the Project or any portion thereof including, without limitation, the Texas Higher Education Coordinating Board, the Texas Department of Licensing and Regulation, the City Fire Department, and Owner’s risk management consultant;

(7) Monitor the implementation and the efficacy of the HUB Goals including the Good Faith Effort Program (as described in an attachment to this Agreement) which promotes equal employment opportunity in the provision of goods and services to the Owner for the Project; and

(8) Advise Owner of any tests to be performed, and assist Owner in selecting testing laboratories and consultants, without assuming direct responsibility for the work of such laboratories and consultants.

6.06 Furniture, Fixtures and Equipment. Consult with and make recommendations to the Owner on the acquisition schedule for fixtures, furniture and equipment, and coordinate the Owner’s purchase and installation of such items with the Owner as may be required to meet the Schedule.

6.07 Moving. Plan and coordinate all end user relocations including, but not limited to, people, functions, services, utilities, fixtures, furnishings, and equipment, necessary to accomplish the Project in accordance with the Schedule.

Article 7 Project Manager’s Project Control and Construction Services

In accordance with a Project Proposal Scope of Work and Owner’s Authorization to Commence Work, the Project Manager may provide any or all of the following Project Management services.

7.01 Project Control.

(1) Without assuming any responsibility for the Contractor’s means, methods, safety practices or failure to comply with the Construction Documents, monitor the Work of the Contractor as required and coordinate such Work with the activities and responsibilities of the Project Team with a goal to attain completion of the Project Improvements at a cost not to exceed the Project

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Construction Budget and to attain Substantial Completion by the date(s) established in the Construction Contract;

(2) In accordance with the Project Manager’s personnel list(s) attached to this Agreement, maintain a competent, full-time staff at the Project site to coordinate and provide general direction over the Work and progress of the Contractor on the Project;

(3) Organize the on-site personnel and establish clearly defined lines of authority in order to effectuate the overall efforts of the Project Team;

(4) As required by the Owner, establish procedures for coordination among the Project Team, Contractor and consultants with respect to all aspects of the Project, and implement such procedures;

(5) Attend all progress meetings, as required, at which time the Contractor, consultants and the Project Team can discuss jointly such matters as procedures, progress, problems and scheduling;

(6) Provide regular monitoring of the Project Schedule as construction progresses; identify potential and actual variances between scheduled and probable completion dates, review the Project Schedule for work not started or incomplete and recommend to the Owner and Contractor adjustments in the Schedule to conform with the probable Substantial Completion date(s) and provide summary reports to the Owner of each Schedule update and document all changes in Schedule;

(7) Monitor the adequacy of the Contractors' personnel and equipment, and the availability of materials and supplies to meet the Contractors' schedules in relation to the Project Schedule; and

(8) Advise the Owner of any default by the Contractor and the possible consequences of such default and make recommendations to the Owner regarding corrective action to resolve and remedy the default or its consequences.

7.02 Project Cost Monitoring.

(1) Develop an effective system of Project cost control, and provide regular reports to the other members of the Project Team; identify variances between actual and budgeted or estimated costs and advise the other members of the Project Team whenever projected costs exceed, or could be reasonably anticipated to exceed, budgets or estimates; revise and refine the initially approved Project Budget with the assistance of the other members of the Project Team; present the revised Project Budget to the Owner for approval; incorporate the Owner-approved changes; and develop cash flow reports and forecasts, as needed, and provide same to Owner on a regular basis; and

(2) Maintain cost accounting records in good form on expenditures and materials, or for any other expenditures requiring accounting records; and afford the Owner access to these records and preserve them for a period of four (4) years after final payment is made by the Owner to the Project Manager.

7.03 Change Orders. Implement a system compatible with Owner’s current processes and acceptable to the Owner for the preparation, review and processing of Change Orders and recommend necessary or desirable Change Orders to the other members of the Project Team for its review and recommendation for owner’s approval and assist in negotiating Change Orders before submitting them to the Owner for final approval.

7.04 Contractor Management.

(1) Develop and implement a written procedure acceptable to the Owner for the review, approval, and processing of pay requests by the Contractor;

(2) Maintain strict enforcement of all Construction Contracts including retention of retainage amounts; and

(3) Make recommendations in writing to the Owner regarding Contractor default or Construction

Contract modifications.

7.05 Wage Rates. Monitor Project wage rates for compliance with the Minimum Wage Determination issued by The University of Texas System, OCP. Cooperate with Owner in monitoring the submission to the Owner of payroll records by the Contractor when requested.

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7.06 Permits. Obtain all required building permits and special permits for permanent improvements other than permits normally required to be obtained by the Contractor. The Owner is not subject to local building permit requirements or local building code enforcement.

7.07 Special Consultants. Assist the Owner in selecting and retaining professional services not otherwise described in this Agreement for the Project and coordinate these services at the Owner’s request in order to meet the Schedule, without, however, assuming direct responsibility for the work of these consultants.

7.08 Review of Work and Safety.

(1) Review the Work of the Contractor to identify defects and deficiencies or variances from the requirements of the Contract Documents on a regular basis as required and prior to any work being covered up; and

(2) Participate in and support the Owner’s Safety Program. Monitor the Contractor’s efforts to coordinate safety programs with the Subcontractors in their work area. In the event the Project Manager becomes aware of any violations of safety-related practices and procedures by the Contractor or Subcontractors, the Project Manager shall advise the team in accordance with established procedures of the Owner’s Safety Program.

7.09 Document Interpretation. The Architect/Engineer shall be the interpreter of the design intent of the Construction Documents, subject to the terms and conditions of the agreement between the Architect/Engineer and the Owner, provided, however, the Project Manager may request interpretations from the Architect/Engineer, with Owner’s consent, as needed to assist the Project Manager in performing its duties under this Agreement.

7.10 Shop Drawings and Submissions. In collaboration with the other members of the Project Team, the Project Manager shall establish and implement procedures for expediting the processing and Architect/Engineers' review of shop drawings and other submissions.

7.11 Reports and Project Site Documents.

(1) The Project Manager shall record the progress of the Project and submit written progress reports to the other members of the Project Team that include information on the Contractors' Work and the percentage of completion. The Project Manager shall keep a daily log of Project construction activities and make the log available to the other members of the Project Team. Each member of the Project Manager’s site personnel, whose job function involves or includes observation of Project construction, shall maintain a daily log of construction activities and observations which will be submitted to the Owner upon Substantial Completion;

(2) All reports prepared by the Project Manager for the use of or sent directly to the Institution shall be reviewed and approved by the Owner’s Designated Representative in advance. All reports or documents shall be prepared on blank paper stock that does not include or contain any symbols, logos, letterheads or other marks that identify the Project Manager or its consultants;

(3) The Project Manager shall maintain at the Project site, updated records of the Construction Documents, contracts, drawings, examples, purchases, materials, equipment, maintenance and operating manuals and instructions, and other construction related documents, including all changes and revisions; and

(4) The Project Manager shall obtain data from the Contractor and maintain a current set of record drawings and project manual.

7.12 As-Built Drawings. The Project Manager shall monitor the Contractors' production of as-built construction records and shall monitor the production of final, as-built Project Record Drawings prepared by the Architect/Engineer for delivery to the Owner as may be required.

7.13 Substantial Completion of the Work. Upon notification by the Contractor, the appropriate members of the Project Team (at a minimum, the Contractor, the Architect/Engineer or consultant responsible for the design of the Work, the Project Manager, and the Owner) shall make a walk-through inspection in order to determine whether there is Substantial Completion of the Work, subject to the Owner’s Uniform General and

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Supplementary General Conditions for The University of Texas System Building Construction Contracts. A list of unacceptable items shall be prepared by the Project Team and presented to the Project Manager for resolution subject to the Owner’s Uniform General and Supplementary General Conditions for The University of Texas System Building Construction Contracts.

7.14 Start-Up. With the Owner's operations personnel and the Project commissioning consultant in attendance, the Project Manager shall coordinate and supervise the inspection of utilities, operations systems and equipment for readiness, and assist Owner in start-up and testing of such utilities, systems and equipment by the Contractor.

7.15 Commissioning Services. The Project Manager shall coordinate and monitor the Commissioning process to provide commissioning expertise through the Facility Program, Schematic Design, Design Development, Construction Document and Construction Administration Phases. The Project Manager and the Commissioning Consultant will review input related to the project objectives, methods and concepts of commissioning. The Project Manager shall review the cost proposal to provide the commissioning services identified in the Commissioning Implementation Program, attached to the Architects Agreement. The Commissioning Consultant may be a consultant contracted by the Owner or may be a consultant contracted by the Project Manager.

7.16 Final Completion. After receiving Owner’s consent, the Project…