Common use of Obtaining Bids/Proposals for the Work Clause in Contracts

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in General Conditions. Criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor shall notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.1.6.3 Design/Build Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and Construction. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 If Design/Build Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Design/Build Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.1.6.6 Design/Build may seek to self-perform portions of the Work identified for self-performance in the bid/proposal strategy. The Design/Build Contractor must submit a bid/proposal for the self- performance work in the same manner as all other trade contractors or Subcontractors. The Owner will determine whether the Design/Build Contractor’s bid/proposal provides the best value for Owner, which determination is final. Design/Build Contractor must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor shall account for self-performance work in the same manner as it does all other subcontract costs. 5.1.6.7 Design/Build Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 If a selected trade contractor or subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor may, in consultation with the Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall 5.7.1 In accordance with Texas Education Code Section 51.782, as amended, publicly advertise and solicit competitive lump sum bids/proposals that identify the work packages from trade contractors or subcontractors Subcontractors for the performance of all major elements of the Work Such bids/proposals should follow the same approved CSI division format used to develop the previous cost estimates. All prospective bidders/proposers shall be given at least fifteen (15) business days from the date of the initial public advertising in which to submit their bids/proposals. For proper comparative pricing evaluation, the instruction to bidders on invitation to bids shall identify the work other packages/divisions in the CSI format mentioned above for which bids/proposals are being requested. They shall also clearly direct bidders/proposers who provide lump sum pricing for more than one division of work to delineate pricing for each division separately. This will allow the minor work Owner to compare the pricing of bids/proposals on a division-by-division basis. Bid documentation and recommendations shall be submitted in a format that may be included in General Conditions. Criteria permits the CM to comply with Tab 11 under Section 6, of the Guidelines for the Preparation of the GMP (see Exhibit E of this Agreement). 5.7.2 Participate with the Project Team to develop selection criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposalsOwner. The Design/Build Contractor shall notify Notify the Owner in writing in advance in writing of the date it will receive the bids/proposalsproposals will be received. 5.1.6.2 5.7.3 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. Respond in writing to all parties attending, to questions raised in these conferences. 5.1.6.3 Design/Build Contractor 5.7.4 In the presence of Owner, open and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team. Use the Selection Criteria established by the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall to recommend to the Owner the bid/proposal that provides the best value for the Project. Upon With Owner’s concurrence in the recommendationprior approval, Design/Build Contractor may negotiate the terms and conditions of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All 5.7.5 Enter into all subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionODR. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All Make all bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 5.7.6 If Design/Build Contractor reviews, evaluates, and recommends Owner directs CM to Owner select a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be acceptedother than the best value one recommended by the CM based on the established selection criteria, Owner shall compensate Design/Build Contractor by CM through a negotiated change in price, time, CM contingency or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor the CM incurs because by reason of Owner’s requirement that the other bid/proposal be accepted’ direction. 5.1.6.6 Design/Build 5.7.7 CM may seek to self-perform portions of the Work identified for self-performance which it identifies and documents in the bid/proposal strategy. The Design/Build Contractor CM must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or SubcontractorsSubcontractors but must submit such bid/proposal directly to the Owner at least 24 hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build ContractorCM’s bid/proposal provides the best value for Owner. Owner’s decision shall be final and not subject to appeal. If selected as best value, which determination is final. Design/Build Contractor CM must perform approved self-performance work in accordance with the same terms and conditions as its offered to other Subcontractorssubcontractors. For payment purposes, the Design/Build Contractor CM shall account for self-performance work in the same manner as it does all other subcontract costs. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in the UGC. 5.1.6.7 Design/Build Contractor shall identify 5.7.8 Identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, Project to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor , including Subcontractors used for self-performed work, CM shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor CM shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.7.9 If a selected trade contractor or subcontractor Subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor CM may, in consultation with the Owner Owner’s approval, and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor Subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to the good of the Project cost and schedule and will be subject to Owner approval. 5.7.10 The CM shall utilize all construction documents from the unsuccessful proposers in the bidding processes and advise the ODSR of the excess copies before disposing of any construction documents.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall publicly 5.7.1 Publicly advertise and solicit competitive lump sum bids/proposals that identify the work packages from trade contractors or subcontractors for the performance of all major elements of the Work and in accordance with Texas Education Code section 51.782, as amended. Such bids/proposals should follow the same approved CSI division format used to develop the previous cost estimates. For proper comparative pricing evaluation, the instruction to bidders on invitation to bids shall identify the work other packages/divisions in the CSI format mentioned above for which bids/proposals are being requested. They shall also clearly direct bidders/proposers who provide lump sum pricing for more than one division of work to delineate pricing for each division separately. This will allow the minor work Owner to compare the pricing of bids/proposals on a division-by-division basis. All bids/proposals shall be submitted in a format that may permits the CM to comply with Tab 6 of Section 6, Attachment 1 to Exhibit “D” of this Contract. Bid documentation and recommendations shall be included submitted in General Conditions. Criteria a format that permits the CM to comply with Tab 11 of Section 6, Attachment 1 to Exhibit “D of this contract. 5.7.2 Participate with the Project Team to develop selection criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposalsOwner. The Design/Build Contractor shall notify Notify the Owner in writing in advance in writing of the date it will receive the bids/proposalsproposals will be received. 5.1.6.2 5.7.3 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. Respond in writing, to all parties attending, to questions raised in these conferences. 5.1.6.3 Design/Build Contractor and Owner shall review 5.7.4 Review all trade contractor or Subcontractor subcontractor bids/proposals with Owner in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team. Use the Selection Criteria established by the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall to recommend to the Owner the bid/proposal that provides the best value for the Project. Upon With Owner’s concurrence in the recommendationprior approval, Design/Build Contractor may negotiate the terms and conditions of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All 5.7.5 Enter into all subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionODR. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All Make all bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 5.7.6 If Design/Build Contractor reviews, evaluates, and recommends Owner directs CM to Owner select a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be acceptedother than the best value one recommended by the CM based on the established selection criteria, Owner shall compensate Design/Build Contractor by CM through a negotiated change in price, time, CM contingency or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor the CM incurs because by reason of Owner’s requirement that the other bid/proposal be accepted’ direction. 5.1.6.6 Design/Build 5.7.7 CM may seek to self-perform portions of the Work identified for self-performance which it identifies and documents in the bid/proposal strategy. The Design/Build Contractor CM must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or Subcontractorssubcontractors, but must submit such bid/proposal directly to the Owner at least 24 hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build ContractorCM’s bid/proposal provides the best value for Owner. Owner’s decision shall be final and not subject to appeal. If selected as best value, which determination is final. Design/Build Contractor CM must perform approved self-performance work in accordance with the same terms and conditions as its offered to other Subcontractorssubcontractors. For payment purposes, the Design/Build Contractor CM shall account for self-performance work in the same manner as it does all other subcontract costs.. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in Article 11.8 of the U.G.C. 5.1.6.7 Design/Build Contractor shall identify 5.7.8 Identify every Subcontractor subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, Project to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor , including subcontractors used for self-performed work, CM shall not use any Subcontractor subcontractor to which Owner has a reasonable objection. Design/Build Contractor CM shall not be required to subcontract with any Subcontractor subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractorsubcontractor, that Subcontractor subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.7.9 If a selected trade contractor or subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor CM may, in consultation with the Owner Owner’s approval, and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to good of the Project cost and schedule and will be subject to Owner approval. 5.7.10 The CM shall utilize all construction documents from the unsuccessful proposers in the bidding processes and advise the ODSR of the excess copies before disposing of any construction documents.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall publicly 5.7.1 Publicly advertise and solicit competitive lump sum bids/proposals that identify the work packages from trade contractors or subcontractors for the performance of all major elements of the Work and in accordance with Texas Education Code section 51.782, as amended. Such bids/proposals should follow the same approved CSI division format used to develop the previous cost estimates. For proper comparative pricing evaluation, the instruction to bidders on invitation to bids shall identify the work other packages/divisions in the CSI format mentioned above for which bids/proposals are being requested. They shall also clearly direct bidders/proposers who provide lump sum pricing for more than one division of work to delineate pricing for each division separately. This will allow the minor work Owner to compare the pricing of bids/proposals on a division-by-division basis. All bids/proposals shall be submitted in a format that may permits the CM to comply with Tab 6 of Section 6, Attachment 1 to Exhibit “D” of this Contract. Bid documentation and recommendations shall be included submitted in General Conditions. Criteria a format that permits the CM to comply with Tab 11 of Section 6, Attachment 1 to Exhibit “D of this contract. 5.7.2 Participate with the Project Team to develop selection criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposalsOwner. The Design/Build Contractor shall notify Notify the Owner in writing in advance in writing of the date it will receive the bids/proposalsproposals will be received. 5.1.6.2 5.7.3 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. Respond in writing, to all parties attending, to questions raised in these conferences. 5.1.6.3 Design/Build Contractor and Owner shall review 5.7.4 Review all trade contractor or Subcontractor subcontractor bids/proposals with Owner in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team. Use the Selection Criteria established by the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall to recommend to the Owner the bid/proposal that provides the best value for the Project. Upon With Owner’s concurrence in the recommendationprior approval, Design/Build Contractor may negotiate the terms and conditions of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All 5.7.5 Enter into all subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionODR. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All Make all bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 5.7.6 If Design/Build Contractor reviews, evaluates, and recommends Owner directs CM to Owner select a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be acceptedother than the best value one recommended by the CM based on the established selection criteria, Owner shall compensate Design/Build Contractor by CM through a negotiated change in price, time, CM contingency or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor the CM incurs because by reason of Owner’s requirement that the other bid/proposal be accepted’ direction. 5.1.6.6 Design/Build 5.7.7 CM may seek to self-perform portions of the Work identified for self-performance which it identifies and documents in the bid/proposal strategy. The Design/Build Contractor CM must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or Subcontractorssubcontractors, but must submit such bid/proposal directly to the Owner at least 24 hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build ContractorCM’s bid/proposal provides the best value for Owner. Owner’s decision shall be final and not subject to appeal. If selected as best value, which determination is final. Design/Build Contractor CM must perform approved self-performance work in accordance with the same terms and conditions as its offered to other Subcontractorssubcontractors. For payment purposes, the Design/Build Contractor CM shall account for self-performance work in the same manner as it does all other subcontract costs.. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in Article 11.8 of the U.G.C. 5.1.6.7 Design/Build Contractor shall identify 5.7.8 Identify every Subcontractor subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, Project to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor , including subcontractors used for self-performed work, CM shall not use any Subcontractor subcontractor to which Owner has a reasonable objection. Design/Build Contractor CM shall not be required to subcontract with any Subcontractor subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractorsubcontractor, that Subcontractor subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.7.9 If a selected trade contractor or subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor CM may, in consultation with the Owner Owner’s approval, and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to good of the Project cost and schedule and will be subject to Owner approval.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in General Conditions. Criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor shall notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.1.6.3 Design/Build Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionCapital Projects. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 If Design/Build Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Design/Build Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.1.6.6 Design/Build may seek to self-perform portions of the Work identified for self-performance in the bid/proposal strategy. The Design/Build Contractor must submit a bid/proposal for the self- performance work in the same manner as all other trade contractors or Subcontractors. The Owner will determine whether the Design/Build Contractor’s bid/proposal provides the best value for Owner, which determination is final. Design/Build Contractor must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor shall account for self-performance work in the same manner as it does all other subcontract costs. 5.1.6.7 Design/Build Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 If a selected trade contractor or subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor may, in consultation with the Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall 6.7.1 Construction Manager will publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors Subcontractors for the performance of all major elements of the work Work other than the minor work Work that may be included in General Conditions. Criteria for determining the bid/proposal that provides the best value to the Owner shall will be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor shall Construction Manager will notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 Schedule 6.7.2 Construction Manager will schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractorsSubcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.1.6.3 Design/Build Contractor 6.7.3 Construction Manager and Owner shall will review all trade contractor or Subcontractor subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall Construction Manager will recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor Construction Manager may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 6.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionOwner. Upon Owner’s concurrence in on the final terms of the subcontract, Design/Build Contractor shall Construction Manager will enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall will be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 6.7.5 If Design/Build Contractor Construction Manager reviews, evaluates, and recommends to Owner a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall will compensate Design/Build Contractor Construction Manager by a change in price, time, or Guaranteed Maximum Price GMP for any additional cost and risk that Design/Build Contractor Construction Manager incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.1.6.6 Design/Build 6.7.6 Construction Manager may seek to self-perform portions of the Work identified for self-performance in the bid/proposal strategy. The Design/Build Contractor Construction Manager must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or Subcontractorssubcontractors. The Owner will determine whether the Design/Build ContractorConstruction Manager’s bid/proposal provides the best value for Owner, which determination is final. Design/Build Contractor Construction Manager must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor shall Construction Manager will account for self-performance work in the same manner as it does all other subcontract costs. 5.1.6.7 Design/Build Contractor shall 6.7.7 For Scope of Work bid packages typically performed by Subcontractors, Construction Manager may self-perform (“Self-Perform”) such work on a cost- plus fee (Not-To-Exceed 7.5%) basis subject to an agreed upon GMP for the self- performed work (“Self-Performed Work”). Construction Manager will bid their proposed GMP for the Work to be Self-Performed against at least three other interested trade contractors. Any subcontract for Self-Performed Work will provide for payment in an amount equal to the Cost of the Work (as defined in this Contract) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for Self-Performed Work will be consistent with the terms and conditions of this Contract with the exception of the agreed upon fee percentage. All savings under any such subcontract for Self-Performed Work will be applied to reduce the Cost of the Work under this Contract and the GMP of this Contract. For purposes of defining Self-Performed Work subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or Subcontractor that is partially owned or wholly owned by Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding Self- Performed Work. No Self-Performed Work will be allowed to be performed on a lump sum basis. 6.7.8 Construction Manager will identify every Subcontractor it intends to use on the Project, including Subcontractors used for selfSelf-performed workPerformed Work, to the Owner in writing at least ten (10) business days before entering into any subcontract. Design/Build Contractor shall Construction Manager will not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor shall Construction Manager will not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall will not be changed without Owner’s written consent, which shall will not be unreasonably withheld. 5.1.6.8 6.7.9 If a selected trade contractor Contractor or subcontractor Subcontractor fails to execute a subcontract after being selected in accordance with this section Section or defaults in the performance of its work, the Design/Build Contractor Construction Manager may, in consultation with the Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor Contractor or subcontractor Subcontractor to do so.

Obtaining Bids/Proposals for the Work. 5.1.6.1 To the same extent as required of a Construction Manager at Risk under Texas Education Code Section 51.782 and as provided herein, Design/Build Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors Subcontractors for the performance of all major elements of the work Work other than the minor work that may be included in General Conditions. Criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor shall notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 Schedule The Design/Build Contractor shall schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractorsfirst tier Subcontractors, including material suppliers, suppliers and equipment suppliers, and record minutes of the conferences. Respond in writing, to all parties attending, to questions raised in these conferences. 5.1.6.3 The Design/Build Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. All involved in the evaluation process must sign a non-disclosure statement provided by the Owner. 5.1.6.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionOwner. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) calendar days after the date of final selection, whichever is later. 5.1.6.5 If Design/Build Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a trade contractor or subcontractorSubcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Design/Build Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.1.6.6 The Design/Build Contractor may seek to self-perform portions of the Work identified for self-performance in the bid/proposal strategy. The Design/Build Contractor must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or SubcontractorsSubcontractors but must submit such bid/proposal directly to the Owner at least 24 hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build Contractor’s bid/proposal provides the best value for Owner, which determination is final. If selected as best value, Design/Build Contractor must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor shall account for self-performance work in the same manner as it does all other subcontract costs. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in the TSUS UGC or Special Conditions. 5.1.6.7 The Design/Build Contractor shall identify every first tier Subcontractor it intends to use on the Project, including Subcontractors used for selfDesign/Build Contractor Self-performed work, Performed work to the Owner in writing at least ten (10) business days before entering into any subcontract. Design/Build Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner Owner’s written acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 If a selected trade contractor or subcontractor Subcontractor fails to execute a subcontract after being selected in accordance with this section paragraph 5.1.6 or defaults in the performance of its work, the Design/Build Contractor may, in consultation with the Owner (and subject to Owner’s approval as provided below) and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor Subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to the good of the Project cost and schedule and will be subject to Owner approval.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor 5.7.1 In accordance with Texas Education Code section 51.782, as amended, Construction Manager shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in General Conditions. Criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor Construction Manager shall notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractorsSubcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.1.6.3 Design/Build Contractor 5.7.3 Construction Manager and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor Construction Manager shall recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor Construction Manager may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, of the Office of Facilities Capital Planning and Construction. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor Construction Manager shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 5.7.5 If Design/Build Contractor Construction Manager reviews, evaluates, and recommends to Owner a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Design/Build Contractor Construction Manager by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor Construction Manager incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.1.6.6 Design/Build 5.7.6 Construction Manager may seek to self-perform portions of the Work identified for self-self- performance in the bid/proposal strategy. The Design/Build Contractor Construction Manager must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or Subcontractors. The Owner will determine whether the Design/Build ContractorConstruction Manager’s bid/proposal provides the best value for Owner, which determination is final. Design/Build Contractor Construction Manager must perform approved self-self- performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor Construction Manager shall account for self-performance work in the same manner as it does all other subcontract costs. 5.1.6.7 Design/Build Contractor 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To-Exceed 7.5%) basis subject to considered a related party entity and will be subject to this provision regarding “self-performed 5.7.8 Construction Manager shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor Construction Manager shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor Construction Manager shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.7.9 If a selected trade contractor or subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor Construction Manager may, in consultation with the Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall publicly 5.7.1 Publicly advertise and solicit competitive lump sum bids/proposals that identify the work packages from trade contractors or subcontractors for the performance of all major elements of the Work. Such bids/proposals should follow the same approved CSI division format used to develop the previous cost estimates. For proper comparative pricing evaluation, the instruction to bidders on invitation to bids shall identify the work other packages/divisions in the CSI format mentioned above for which bids/proposals are being requested. They shall also clearly direct bidders/proposers who provide lump sum pricing for more than one division of work to delineate pricing for each division separately. This will allow the minor work that may be included in General Conditions. Criteria Owner to compare the pricing of bids/proposals on a division-by-division basis. 5.7.2 Participate with the Project Team to develop selection criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposalsOwner. The Design/Build Contractor shall notify Notify the Owner in writing in advance in writing of the date it will receive the bids/proposalsproposals will be received. 5.1.6.2 5.7.3 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. Respond in writing, to all parties attending, to questions raised in these conferences. 5.1.6.3 Design/Build Contractor and Owner shall review 5.7.4 Review all trade contractor or Subcontractor subcontractor bids/proposals with Owner in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team. Use the Selection Criteria established by the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall to recommend to the Owner the bid/proposal that provides the best value for the Project. Upon With Owner’s concurrence in the recommendationprior approval, Design/Build Contractor may negotiate the terms and conditions of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All 5.7.5 Enter into all subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionODR. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All Make all bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 5.7.6 If Design/Build Contractor reviews, evaluates, and recommends Owner directs CM to Owner select a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be acceptedother than the best value one recommended by the CM based on the established selection criteria, Owner shall compensate Design/Build Contractor by CM through a negotiated change in price, time, CM contingency or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor the CM incurs because by reason of Owner’s requirement that the other bid/proposal be accepted’ direction. 5.1.6.6 Design/Build 5.7.7 CM may seek to self-perform portions of the Work identified for self-performance which it identifies and documents in the bid/proposal strategy. The Design/Build Contractor CM must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or Subcontractorssubcontractors, but must submit such bid/proposal directly to the Owner at least 24 hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build ContractorCM’s bid/proposal provides the best value for Owner. Owner’s decision shall be final and not subject to appeal. If selected as best value, which determination is final. Design/Build Contractor CM must perform approved self-performance work in accordance with the same terms and conditions as its offered to other Subcontractorssubcontractors. For payment purposes, the Design/Build Contractor CM shall account for self-performance work in the same manner as it does all other subcontract costs.. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in Article 11.8 of the U.G.C. 5.1.6.7 Design/Build Contractor shall identify 5.7.8 Identify every Subcontractor subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, Project to the Owner in writing at least ten (10) days before entering into any subcontract. Design/Build Contractor , including subcontractors used for self-performed work, CM shall not use any Subcontractor subcontractor to which Owner has a reasonable objection. Design/Build Contractor CM shall not be required to subcontract with any Subcontractor subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractorsubcontractor, that Subcontractor subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.7.9 If a selected trade contractor or subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor CM may, in consultation with the Owner Owner’s approval, and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to good of the Project cost and schedule and will be subject to Owner approval. 5.7.10 The CM shall utilize all construction documents from the unsuccessful proposers in the bidding processes and advise the ODSR of the excess copies before disposing of any construction documents.

Obtaining Bids/Proposals for the Work. 5.1.6.1 To the same extent as required of a Construction Manager at Risk under Texas Education Code Section 51.782, as amended and as provided herein, Design/Build Contractor shall publicly advertise and solicit competitive lump sum bids/proposals that identify the work packages from trade contractors or subcontractors Subcontractors for the performance of all major elements of the Work. Such bids/proposals should follow the same approved CSI division format used to develop the previous cost estimates. All prospective bidders/proposers shall be given at least fifteen (15) business days from the date of the initial public advertising in which to submit their bids/proposals. For proper comparative pricing evaluation, the instruction to bidders on invitation to bids shall identify the work other packages/divisions in the CSI format mentioned above for which bids/proposals are being requested. They shall also clearly direct bidders/proposers who provide lump sum pricing for more than one division of work to delineate pricing for each division separately. This will allow the minor work Owner to compare the pricing of bids/proposals on a division-by-division basis. Bid documentation and recommendations shall be submitted in a format that may be included in General Conditions. permits the Design/Build Contractor to comply with Tab 11 under Section 6, of the Guidelines for the Preparation of the GMP (see Exhibit E of this Agreement). 5.1.6.2 Criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor shall notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 Schedule 5.1.6.3 The Design/Build Contractor shall schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractorsfirst tier Subcontractors, including material suppliers, suppliers and equipment suppliers, and record minutes of the conferences. Respond in writing to all parties attending, to questions raised in these conferences. 5.1.6.3 5.1.6.4 In the presence of the Owner, the Design/Build Contractor shall open and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection processTeam. Based on the selection criteria established by the Project Team and included in the request for proposals, Design/Build Contractor shall recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. All involved in the evaluation process must sign a non- disclosure statement provided by the Owner. 5.1.6.4 5.1.6.5 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionOwner. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) calendar days after the date of final selection, whichever is later. 5.1.6.5 5.1.6.6 If Owner directs Design/Build Contractor reviews, evaluates, and recommends to Owner select a bid/proposal from a trade contractor or subcontractor, but Owner requires another bidother than the best value one recommended by the Design/proposal to be acceptedBuild Contractor based on the established selection criteria, Owner shall compensate Design/Build Contractor by a change in price, time, or Guaranteed Maximum Price Price, for any additional cost and risk that Design/Build Contractor incurs because by reason of Owner’s requirement that the other bid/proposal be accepteddirection. 5.1.6.6 5.1.6.7 The Design/Build Contractor may seek to self-perform portions of the Work identified for self-performance in the bid/proposal strategy. The Design/Build Contractor must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or SubcontractorsSubcontractors but must submit such bid/proposal directly to the Owner at least 24 hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build Contractor’s bid/proposal provides the best value for Owner. Owner’s decision shall be final and not subject to appeal. If selected as best value, which determination is final. Design/Build Contractor must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor shall account for self-performance work in the same manner as it does all other subcontract costs. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in the UGC or Special Conditions, if any. 5.1.6.7 5.1.6.8 The Design/Build Contractor shall identify every first tier Subcontractor it intends to use on the Project, including Subcontractors used for Design/Build Contractor self-performed work, to the Owner in writing at least ten (10) business days before entering into any subcontract. Design/Build Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner Owner’s written acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.1.6.9 If a selected trade contractor or subcontractor Subcontractor fails to execute a subcontract after being selected in accordance with this section Subparagraph 5.1.6 or defaults in the performance of its work, the Design/Build Contractor may, in consultation with the Owner (and subject to Owner’s approval as provided below) and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor Subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to the good of the Project cost and schedule and will be subject to Owner approval.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall 5.7.1 In accordance with Texas Education Code Section 51.782, as amended, publicly advertise and solicit competitive lump sum bids/proposals that identify the work packages from trade contractors or subcontractors Subcontractors for the performance of all major elements of the Work Such bids/proposals should follow the same approved CSI division format used to develop the previous cost estimates. For proper comparative pricing evaluation, the instruction to bidders on invitation to bids shall identify the work other packages/divisions in the CSI format mentioned above for which bids/proposals are being requested. They shall also clearly direct bidders/proposers who provide lump sum pricing for more than one division of work to delineate pricing for each division separately. This will allow the minor work Owner to compare the pricing of bids/proposals on a division-by-division basis. All bids/proposals shall be submitted in a format that may permits the CM to comply with Tab 6 under Section 6, of the Guidelines for the Preparation of the GMP (see Exhibit E of this Agreement). Bid documentation and recommendations shall be included submitted in General Conditions. Criteria a format that permits the CM to comply with Tab 11 under Section 6, of the Guidelines for the Preparation of the GMP (see Exhibit E of this Agreement). 5.7.2 Participate with the Project Team to develop selection criteria for determining the bid/proposal that provides the best value to the Owner shall be established by the Project Team and included in the request for bids/proposalsOwner. The Design/Build Contractor shall notify Notify the Owner in writing in advance in writing of the date it will receive the bids/proposalsproposals will be received. 5.1.6.2 5.7.3 Schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. Respond in writing, to all parties attending, to questions raised in these conferences. 5.1.6.3 Design/Build Contractor 5.7.4 In the presence of Owner, open and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team. Use the Selection Criteria established by the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall to recommend to the Owner the bid/proposal that provides the best value for the Project. Upon With Owner’s concurrence in the recommendationprior approval, Design/Build Contractor may negotiate the terms and conditions of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 All 5.7.5 Enter into all subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionODR. Upon Owner’s concurrence in the final terms of the subcontract, Design/Build Contractor shall enter into a written subcontract for the subcontract work and provide a copy to the Owner. All Make all bids/proposals shall be publicly available after award of the subcontract or within seven (7) business days after the date of final selection, whichever is later. 5.1.6.5 5.7.6 If Design/Build Contractor reviews, evaluates, and recommends Owner directs CM to Owner select a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be acceptedother than the best value one recommended by the CM based on the established selection criteria, Owner shall compensate Design/Build Contractor by CM through a negotiated change in price, time, CM contingency or Guaranteed Maximum Price for any additional cost and risk that Design/Build Contractor the CM incurs because by reason of Owner’s requirement that the other bid/proposal be accepted’ direction. 5.1.6.6 Design/Build 5.7.7 CM may seek to self-perform portions of the Work identified for self-performance which it identifies and documents in the bid/proposal strategy. The Design/Build Contractor CM must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or SubcontractorsSubcontractors but must submit such bid/proposal directly to the Owner at least twenty-four (24) hours prior to receiving similar bids from other parties. The Owner will determine whether the Design/Build ContractorCM’s bid/proposal provides the best value for Owner. Owner’s decision shall be final and not subject to appeal. If selected as best value, which determination is final. Design/Build Contractor CM must perform approved self-performance work in accordance with the same terms and conditions as its offered to other Subcontractorssubcontractors. For payment purposes, the Design/Build Contractor CM shall account for self-performance work in the same manner as it does all other subcontract costs. In the event an adjustment is required to the cost of any awarded, self-performed Work, the awarded amount shall be treated as a lump sum amount and any adjustment to said amount must be approved through the change order process identified in the UGC. 5.1.6.7 Design/Build Contractor shall identify 5.7.8 Identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, Project to the Owner in writing at least ten (10) business days before entering into any subcontract. Design/Build Contractor , including Subcontractors used for self-performed work, CM shall not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor CM shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.1.6.8 5.7.9 If a selected trade contractor or subcontractor Subcontractor fails to execute a subcontract after being selected in accordance with this section or defaults in the performance of its work, the Design/Build Contractor CM may, in consultation with the Owner Owner’s approval, and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor Subcontractor to do so. Such decisions will be made in consideration of the exigencies of the situation and to the good of the Project cost and schedule and will be subject to Owner approval. 5.7.10 The CM shall utilize all construction documents from the unsuccessful proposers in the bidding processes and advise the ODSR of the excess copies before disposing of any construction documents.

Obtaining Bids/Proposals for the Work. 5.1.6.1 Design/Build Contractor shall 6.7.1 Construction Manager will publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors Subcontractors for the performance of all major elements of the work Work other than the minor work Work that may be included in General Conditions. Criteria for determining the bid/proposal that provides the best value to the Owner shall will be established by the Project Team and included in the request for bids/proposals. The Design/Build Contractor shall Construction Manager will notify the Owner in advance in writing of the date it will receive the bids/proposals. 5.1.6.2 Schedule 6.7.2 Construction Manager will schedule and conduct pre-bid conferences with interested bidders/proposers, subcontractorsSubcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.1.6.3 Design/Build Contractor 6.7.3 Construction Manager may be required to schedule and conduct a ‘Meet the Prime’ event or events, for each Guaranteed Maximum Price (GMP) exercise, in coordination with the Owner and the HHSC HUB Program. 6.7.4 Construction Manager and Owner shall will review all trade contractor or Subcontractor subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Design/Build Contractor shall Construction Manager will recommend to the Owner the bid/proposal that provides the best value for the Project. Upon Owner’s concurrence in the recommendation, Design/Build Contractor Construction Manager may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.1.6.4 6.7.5 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Associate Director for Project Management, Office of Facilities Planning and ConstructionOwner. Upon Owner’s concurrence in on the final terms of the subcontract, Design/Build Contractor shall Construction Manager will enter into a written subcontract for the subcontract work and provide a copy to the Owner. All bids/proposals shall will be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.1.6.5 6.7.6 If Design/Build Contractor Construction Manager reviews, evaluates, and recommends to Owner a bid/proposal from a trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall will compensate Design/Build Contractor Construction Manager by a change in price, time, or Guaranteed Maximum Price GMP for any additional cost and risk that Design/Build Contractor Construction Manager incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.1.6.6 Design/Build 6.7.7 Construction Manager may seek to self-perform portions of the Work identified for self-performance in the bid/proposal strategy. The Design/Build Contractor Construction Manager must submit a bid/proposal for the self- self-performance work in the same manner as all other trade contractors or Subcontractorssubcontractors. The Owner will determine whether the Design/Build ContractorConstruction Manager’s bid/proposal provides the best value for Owner, which determination is final. Design/Build Contractor Construction Manager must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, the Design/Build Contractor shall Construction Manager will account for self-performance work in the same manner as it does all other subcontract costs. 5.1.6.7 Design/Build Contractor shall 6.7.8 For Scope of Work bid packages typically performed by Subcontractors, Construction Manager may self-perform (“Self-Perform”) such work on a cost- plus fee (Not-To-Exceed 7.5%) basis subject to an agreed upon GMP for the self- performed work (“Self-Performed Work”). Construction Manager will bid their proposed GMP for the Work to be Self-Performed against at least three other interested trade contractors. Any subcontract for Self-Performed Work will provide for payment in an amount equal to the Cost of the Work (as defined in this Contract) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for Self-Performed Work will be consistent with the terms and conditions of this Contract with the exception of the agreed upon fee percentage. All savings under any such subcontract for Self-Performed Work will be applied to reduce the Cost of the Work under this Contract and the GMP of this Contract. For purposes of defining Self-Performed Work subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or Subcontractor that is partially owned or wholly owned by Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding Self- Performed Work. No Self-Performed Work will be allowed to be performed on a lump sum basis. 6.7.9 Construction Manager will identify every Subcontractor it intends to use on the ProjectProject through the Owner-approved HSP, including Subcontractors used for self-performed workSelf- Performed Work, to the Owner in writing at least ten (10) business days before entering into any subcontract. Design/Build Contractor shall Construction Manager will not use any Subcontractor to which Owner has a reasonable objection. Design/Build Contractor shall Construction Manager will not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner acceptance of a Subcontractor, that Subcontractor shall will not be changed without Owner’s written consent, which shall will not be unreasonably withheld, subject to Construction Manager’s submission of a revised HSP. 5.1.6.8 6.7.10 If a selected trade contractor Contractor or subcontractor Subcontractor fails to execute a subcontract after being selected in accordance with this section Section or defaults in the performance of its work, the Design/Build Contractor Construction Manager may, in consultation with the Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor Contractor or subcontractor Subcontractor to do so.