Early Work Packages Clause Samples

Early Work Packages. The Commission and MDOT desire to construct the Project using as few Construction Services Amendments as possible. While one Construction Package is typically the most efficient, Early Work Packages may be allowed where there are quality, cost, or scheduling efficiencies to be gained. MDOT will consider the following criteria in approving work to be delivered through multiple Construction Services Amendments: a. The independent utility of each Construction Package; b. The NEPA status of the Project; c. The status of the Project’s pricing estimates; d. Whether authorizing the work will create risk to MDOT. The following types of work are not viewed as creating increased risks. i. The Construction Package is used to purchase materials that can be stored for later incorporation into the Project or disposed of/reused in the event of Contract termination; and ii. The Construction Package is for preliminary work such as utility investigation or relocation, environmental mitigation, weather-sensitive work, or other work that will be needed regardless of how the Project is delivered and does not create an unreasonable risk of increased cost to MDOT if the Contract is terminated; e. Any other criteria or circumstances MDOT determines to be relevant. If an Early Work Package is to be issued, a GMP for the entire project must be requested from the Contractor prior to the execution of the Construction Services Amendment for the Early Work Package. The GMP for the entire Project is used by MDOT to confirm that the overall construction scope can be completed within the available Project budget. Any work performed as an Early Work Package will come from the overall Project budget.

Early Work Packages. 4.2.1 The Work may be divided into one or more phases or packages which will be ready for commencement of construction before the Incentive Benchmark for the entire Work has been agreed. Or, MSG may require certain preliminary Work to be performed in preparation for the balance of the Work. If MSG elects to proceed with a particular portion of the Work before the Parties arrive at the Incentive Benchmark, Contractor shall develop proposals for any such phases or packages of the Work (“Early Work Packages”). For each Early Work Package, MSG and the Contractor shall enter into an “Early Work Authorization Agreement” in a mutually acceptable format (including in the form of a field order) executed by both MSG and Contractor and which (a) describes the Work to be performed thereunder, (b) establishes at MSG’s direction, pricing on a time and materials, fixed price or unit price basis for that portion of the Work, and (c) establishes a Substantial Completion Date for that portion of the Work. Notwithstanding anything in this Agreement or the Contract Documents to the contrary, MSG acknowledges and agrees that the Incentive Benchmark is not guaranteed by Contractor, except to the extent components of the Incentive Benchmark are fixed or guaranteed pursuant to the terms of the Subcontracts (but subject to the rights of adjustment of the fixed or guaranteed price that exist under any such Subcontracts).

Early Work Packages. 6.6.2.1 Early Work Packages may be awarded to the ▇▇▇▇ during the preconstruction phase services of the Project to facilitate the early preparation of the Site, purchase long lead time materials and equipment and otherwise accelerate certain portions of the Work in advance of the agreement between the Owner and CMAR regarding the GMP Proposal for the entire Work. These Early Work Packages will be ready for commencement of their construction before it is appropriate to arrive at an overall GMP for the entire Work. Early Work Package shall be defined as a portion of Work that the Parties agree should be executed during the preconstruction phase services of the Project. 6.6.2.2 Either Owner or the CMAR may propose Early Work Packages to proceed prior to that time the GMP Proposal for the entire Work is approved by the Owner. Based upon the written agreement of the Parties, the CMAR may either perform, if selected by the Owner as the successful bidder or proposer, or subcontract such Early Work Packages before the GMP Proposal for the entire Work has been submitted and approved. The approved GMP amount for the scope of Work in any early Work Package shall be included in the subsequent GMP Proposal for the entire Work as an individual line item with reference made to the appropriate GMP Amendment. The ▇▇▇▇’▇ fee for billing purposes for such Early Work Package scope of Work shall not exceed the pro rata portion of the fee that the Cost of Work of the Early Work Package as performed bears to the Owner’s Budget. The CMAR will be obligated to provide payment and performance bonds in accordance with Article 5 of the General Conditions for the GMP amount of any early Work Package. 6.6.2.3 The Owner may choose to accelerate the completion of certain portions of the design work so that some specific Early Work Packages may be awarded by the CMAR prior to the completion of the remaining Construction Documents or acceptance by the Owner of the GMP Proposal for the entire Work. The CMAR shall verify that the Design Professional has provided the documents necessary to Bid and award any Early Work Package. Any Early Work Package shall contain language which makes those subcontracts 100% assignable to Owner at Owner’s option, in the event this Agreement is terminated, and that the Subcontractors shall be obligated to accept that assignment if it should occur. 6.6.2.4 For any Early Work Package, the CMAR shall submit to Owner a GMP Proposal in accordance with Section 6.6 of ...

Early Work Packages. The Parties desire for this Agreement to advance Early Work Packages (EWP) A, B, and C design review and permitting through 100% final design and permit issuance to support the Project schedule, in line with the State’s June 2023 Urban Mobility Strategy Finance Plan. EWPs A, B, and C are funded by this Agreement through 100% final design and permit issuance.

Early Work Packages. 3.5.1 The Parties anticipate that there may be one or more phases or elements of Work that are ready for commencement of permitting and construction before the entire design is advanced to the stage which the overall GMP Amendment can be executed. Such phases or elements shall be known as “Early Work Packages”. The Construction Manager shall recommend Early Work Packages to Owner as appropriate to the schedule and the nature of the Work in Early Work Package proposal. If Owner agrees, the Parties shall negotiate and execute an amendment authorizing the Early Work Package. The amendment shall define the scope, Drawings, Specifications, schedule, and the compensation method, which may be a partial GMP, a lump sum price, unit prices, or other method mutually agreed upon by the Parties. After execution of an Early Work Package amendment, the Owner will authorize Construction Manager to proceed with the Early Work Package by issuance of a Notice to Proceed for the Early Work Package. Owner may in its sole discretion authorize an Early Work Package pursuant to this section but it shall have no obligation to enter into any Early Work Package amendment.

Early Work Packages. If the parties have entered into any Early Work Package Amendment prior to any convenience termination pursuant to this Section, the City shall have the right to: (1) Terminate the Design-Builder’s right to perform any Design-Build Work authorized by any such Early Work Package Amendment and, at the City’s option, require the Design-Builder to assign any Subcontracts to the City; or (2) Require the Design-Builder to complete performance of such Design-Build Work in accordance with the applicable Early Work Package Amendment. If the City elects to terminate such Design-Build Work pursuant to clause (1) of this subsection (D), the Design-Builder shall be entitled to a termination settlement payment associated solely with the terminated Early Work Package Design-Build Work, as and to the extent provided in subsection (C) of this Section. Nothing in this subsection (D) shall provide grounds for adjustment of any applicable Early Work Package Price or limit the City’s rights to convenience terminate Design-Build Work authorized by an Early Work Package Amendment without terminating the Stage 1 Preliminary Services or the Stage 2 Design-Build Work.

Early Work Packages. 3.5.1 The Parties anticipate that there may be one or more phases or elements of Work that are ready for commencement of permitting and construction before the entire design is advanced to the stage which the overall GMP Amendment can be executed. Such phases or elements shall be known as “Early Work Packages.” Design-Builder shall recommend Early Work Packages to Owner as appropriate to the schedule and the nature of the Work in an Early Work Package proposal. If Owner agrees, the Parties shall negotiate and execute an amendment authorizing the Early Work Package. The amendment shall define the scope, Drawings, Specifications, schedule, and the compensation method, which may be a partial GMP, a lump sum price, unit prices, or other method mutually agreed upon by the Parties. After execution of an Early Work Package amendment, Owner will authorize Design-Builder to proceed with the Early Work Package by issuance of a Notice to Proceed for the Early Work Package. Owner may in its sole discretion authorize an Early Work Package pursuant to this section but it shall have no obligation to enter into any Early Work Package amendment.

Early Work Packages. The Parties anticipate that there may be some elements of the Construction Services that are more appropriately undertaken by Contractor before the GMP Amendment Date (“Early Work Packages”). Owner shall have the sole discretion as to whether to consider and/or authorize an Early Work Package. If Owner authorizes Contractor to prepare a commercial proposal for an Early Work Package, the Parties will work together in good faith to develop the specific process for doing so, with the understanding that the process is intended to generally follow the submittal and negotiation process set forth for the GMP Proposal. Each Early Work Package will be contracted through an amendment to this Agreement (“Early Work Package Amendment”), which amendment shall set forth all commercial terms specific to that Early Work Package. For the avoidance of doubt, Early Work Packages are considered part of the Construction Services.

Early Work Packages. The parties anticipate that there may be some phases of the Design-Build Work that are ready for commencement before it is appropriate to arrive at an overall agreed-upon Base Guaranteed Maximum Price in accordance with Section 30.7.. The Design-Builder shall recommend such phases or elements of the Design-Build Work (“Early Work Packages”) to the City Contract Representative, as appropriate, through the performance of the Stage 1 Preliminary Services, based on Early Work Package submittals (“Early Work Package Submittals”). The City shall have the discretion to authorize the commencement of Design-Build Work associated with an Early Work Package pursuant to this Section. The agreement of the parties as to an Early Work Package shall be effectuated through a Contract Amendment authorizing the Design-Build Work associated with the Early Work Package and specifying the terms and conditions of compensation payable to the Design-Builder and the completion dates associated with such Design-Build Work (an “Early Work Package Amendment”). All work performed pursuant to an Early Work Package Amendment shall constitute Design-Build Work hereunder and shall be performed in accordance with the Contract Standards. The City shall have no obligation to enter into an Early Work Package Amendment. All Early Work Package Amendments agreed upon in accordance with this subsection (A) shall be taken into consideration in the preparation of the GMP Submittal submitted in accordance with Section 30.7.. The Design-Builder shall furnish a Performance Bond and a Payment Bond with a penal sum equal to the guaranteed maximum price or lump sum amount applicable to the Early Work Package, in compliance with the requirements set forth in Section 16.1 prior to the City’s issuance of a construction NTP for the Early Work Package.