Common use of Preconstruction Phase Services Clause in Contracts

Preconstruction Phase Services. The Construction Manager shall: 2.2.1 Provide preconstruction deliverables consisting of a report at Schematic Design, 100% Design Development, and a review at 50% Construction Documents together with a confirmation of scope. The reports shall include a complete discussion and summary 2.2.2 Review designs during their development. Advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economics. 2.2.3 Provide, for the Design Professional's and the Owner's review and acceptance, a Project Schedule that coordinates and integrates the CM's services, the Design Professional's services and the Owner's responsibilities with anticipated construction schedules. The CM shall update this schedule periodically, as required. 2.2.4 Prepare for the Owner's approval a detailed estimate of construction costs, including quantity take-off and unit pricing, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Design Professional. Update and refine this estimate periodically as the Design Professional prepares Construction Documents. Notify the Owner and the Design Professional if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action 2.2.5 Coordinate Contract Documents by consulting with the Owner and the Design Professional regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost, or schedules. 2.2.5.1 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings and Specifications and make recommendations as required to provide that [1] the Work of the separate contractors is coordinated with that of the Trade Contractors, [2] all requirements for the Project have been assigned to the appropriate separate contract, [3] the likelihood of jurisdictional disputes has been minimized, and [4] proper coordination has been provided for phased construction. 2.2.5.2 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Subcontractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 2.2.5.3 Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Design Professional. Expedite and coordinate delivery of these purchases. 2.2.6 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. Develop bidding packages designed to minimize adverse effects of labor shortages. 2.2.7 Make recommendations for pre-qualification criteria for subcontractor bidders and develop subcontractor bidders' interest in the Project. Establish bidding schedules. 2.2.8 Attend bi-weekly and other scheduled meetings with the Construction Team, and prepare and distribute minutes. 2.2.9 Prior to the development of the GMP at 100% CD Documents, the CM will review the documents for accuracy, constructability, cost saving opportunities and bring all of these items to the attention of the Owner and the Design Professional. This will include discrepancies between all disciplines. 2.2.10 Based upon Drawings and Specifications produced by the Design Professional, develop GMP proposal(s), including Project Construction Schedule, itemized by Subcontract, for phases of Work as required by the Owner.

Preconstruction Phase Services. The Contractor agrees to provide all of the Preconstruction Phase Services described below on an ongoing basis in support of, and in conformance with, the time frames described in the RFP. Commencement of the Construction Manager shallPhase does not excuse Contractor from completion of the Preconstruction Phase Services, if such services have not been fully performed at commencement of the Construction Phase. Preconstruction Phase Services include CM Services performed during the Preconstruction Phase. Contractor shall thoroughly review all necessary documents, inspect the job site, and obtain all other information necessary to provide these CM Services, which Contractor is required to perform in order to improve cost control and certainty, reduce Change Orders and cost overruns, improve constructability, avoid delays, xxxxxx innovation and collaboration, and increase design quality. 3.1.1 Contractor shall provide a preliminary evaluation of Owner’s program and budget requirements, each in terms of the other. 3.1.2 Contractor shall provide the following services relating to preconstruction tasks: 2.2.1 Provide preconstruction deliverables consisting of a report at Schematic Design(a) Contractor shall consult with, 100% Design Developmentadvise, assist, and a review at 50% Construction Documents together provide recommendations to Owner and the design team on all aspects of the planning and design of the Work. (b) Contractor shall jointly schedule and attend regular meetings with a confirmation of scopethe Architect and Owner’s Authorized Representative. The reports Contractor shall include a complete discussion consult with Owner, the Architect and summary 2.2.2 Review designs during their development. Advise on Owner’s Authorized Representative regarding site use and improvements, and the selection of materials, building systems and equipment and methods of Project delivery. Provide equipment. (c) Contractor shall provide recommendations on relative construction feasibility and limiting risks of construction methods, availability cost increases; actions designed to minimize adverse effects of materials and labor, labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to cost includingconstruction cost, but not limited to, costs including estimates of alternative designs or materials, preliminary budgets and possible economicseconomies. 2.2.3 Provide, for the Design Professional's and the Owner's (d) Contractor shall provide continuous in-progress review and acceptance, a Project Schedule that coordinates and integrates the CM's services, the Design Professional's services and the Owner's responsibilities with anticipated construction schedules. The CM shall update this schedule periodically, as required. 2.2.4 Prepare for the Owner's approval a detailed estimate of construction costsdesign documents, including quantity take-off and unit pricingthe documents generally described in the industry as schematic development documents, developed by using estimating techniques which anticipate the various elements of the Projectdesign development documents, and based construction documents and provide input and advice on design documents prepared by the Design Professional. Update and refine this estimate periodically as the Design Professional prepares Construction Documents. Notify the Owner and the Design Professional if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action 2.2.5 Coordinate Contract Documents by consulting with the Owner and the Design Professional regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, costalternative materials, or schedulesand availability. Contractor shall review these completed schematic development documents, design development documents, and construction documents and timely suggest modifications to improve completeness and clarity. For background and further information, the parties shall refer to the outline of anticipated design phases and the description of collaboration tools and processes. To the extent specified here, the outline and description from RFP-81-2021 (the “RFP”) are by this reference incorporated into the Contract. 2.2.5.1 Advise on 3.1.3 Contractor shall provide the separation of following services related to the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings schedule: (a) Contractor shall prepare and Specifications and make recommendations as required to provide that [1] the Work of the separate contractors is coordinated with that of the Trade Contractors, [2] all requirements for the periodically update a preliminary Project have been assigned to the appropriate separate contract, [3] the likelihood of jurisdictional disputes has been minimized, and [4] proper coordination has been provided for phased construction. 2.2.5.2 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Subcontractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 2.2.5.3 Establish a schedule for the purchase Architect and Owner’s Authorized Representative to review and for Owner’s Authorized Representative to approve. Owner may request an updated schedule at regular intervals, or as needed. (b) Contractor shall coordinate and integrate the preliminary Project schedule with the services and activities of Owner, the Architect, and Contractor. As design proceeds, Contractor shall update the preliminary Project schedule to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submission of a GMP proposal, preparation and processing of shop drawings and samples, delivery of materials and or equipment requiring long long-lead time procurement, and coordinate the schedule with the early preparation of Owner’s occupancy requirements showing portions of the Contract Documents by Project that have occupancy priority, provided that the date(s) of substantial completion shall not be modified without Owner’s prior written approval. If preliminary Project schedule updates indicate that previously approved schedules may not be met, Contractor shall make appropriate recommendations to Owner’s Authorized Representative and the Architect. 3.1.4 Contractor shall make recommendations to the Architect and Owner’s Authorized Representative regarding the phased issuance of plans and specifications to facilitate phased construction of the Work, if phased construction is appropriate for the Project, taking into consideration such factors as economics, time of performance, availability of labor and materials, and provisions for temporary facilities. The parties anticipate that, at a minimum, there will be early procurement packages for Project site Work, foundations, structural steel, roof replacement, [ ], and other material and equipment procurements. Contractor shall prepare a “Procurement and Subcontracting Plan” for Owner to review and approve. Contractor shall identify all procurement packages for which Contractor intends to submit a bid to self-perform the Work. 3.1.5 Contractor shall provide the following services relating to cost estimating using “Target Value Design” estimating principles and techniques: (a) Contractor shall prepare, for the Architect and Owner’s Authorized Representative to review and for Owner to approve, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques; (b) Contractor shall provide real time, iterative virtual design and construction (“VDC”) cost modeling and estimate updates in accordance with the RFP and supporting RFP documents, utilizing collaboration tools and processes throughout the duration of the planning and design phases; After the Architect prepares and Owner approves schematic design documents, Contractor shall prepare a more detailed estimate with supporting data for the Architect and Owner’s Authorized Representative to review and for Owner to approve. During the preparation of the Design ProfessionalDevelopment Documents, Contractor shall update and refine this estimate at appropriate intervals agreed to by Owner, the Architect, Owner’s Authorized Representative and Contractor; (c) No later than [e.g., sixty (60)] days after the Architect prepares and Owner approves design development documents, Contractor shall prepare a detailed cost estimate with supporting data for the Architect and Owner’s Authorized Representative to review and for Owner to approve. Expedite During the preparation of the construction documents, Contractor shall update and coordinate delivery refine the detailed estimate at appropriate intervals agreed to by Owner, the Architect, Owner’s Authorized Representative and Contractor; (d) If any estimate submitted to Owner exceeds previously approved estimates or Owner’s budget, Contractor shall make appropriate recommendations to the Architect and Owner’s Authorized Representative; (e) Contractor shall notify Owner and the design team immediately if any construction cost estimate appears to exceed the construction budget; (f) Contractor shall actively participate in an ongoing, iterative value engineering (“VE”) analysis and studies that the parties expect to conduct at intervals consistent with the collaborative best practices and processes outlined in the RFP. Contractor acknowledges that VE services are intended to improve the value received by Owner with respect to the first cost and life cycle cost of these purchasesthe Project; (g) Contractor otherwise shall work with the Architect and Owner to develop a GMP within Owner’s Target GMP Range (stated on the cover page of this Contract) and within Owner’s schedule; and (h) Contractor shall prepare and update cash flow forecasts that cover the entire duration of the Project. For background and further information, the parties shall refer to the outline of anticipated design phases, Target Value Design, cost estimating and the description of collaboration tools and processes. To the extent specified here, the outline and description from the RFP are by this reference incorporated into the Contract. 2.2.6 Provide an analysis of 3.1.6 Contractor shall perform the types following services relating to Subcontractors and quantities of labor required for the Project suppliers: (a) Contractor shall seek to develop Subcontractor and review the availability of appropriate categories of labor required for critical phases. Develop bidding packages designed to minimize adverse effects of labor shortages. 2.2.7 Make recommendations for pre-qualification criteria for subcontractor bidders and develop subcontractor bidders' supplier interest in the Project, consistent with applicable legal requirements, and shall furnish to Owner’s Authorized Representative and the Architect a list of possible Subcontractors and suppliers, including suppliers who may furnish materials or equipment fabricated to a special design, from whom competitive bids, quotes, or proposals (collectively, “Offers”) will be requested for each principal portion of the Work. Establish bidding schedulesThe parties acknowledge and agree that Contractor’s submission of the list of possible Subcontractors and suppliers is for information and discussion purposes only and not for prequalification. The receipt of such list does not require Owner, Owner’s Authorized Representative or the Architect to investigate the qualifications of proposed Subcontractors and suppliers. Owner or the Architect do not, as a consequence of receiving the list, waive any rights to object later to or reject any proposed Subcontractor, supplier, or method of procurement. 2.2.8 Attend bi-weekly and other scheduled meetings with the Construction Team, and prepare and distribute minutes. 2.2.9 Prior (b) Contractor shall provide input to the development of the GMP at 100% CD Documents, the CM will review the documents for accuracy, constructability, cost saving opportunities and bring all of these items to the attention of the Owner and the Design Professionaldesign team regarding the current construction market bidding climate, the status of key subcontract markets, and other local economic conditions. This will include discrepancies between all disciplinesContractor shall determine the division of work to facilitate bidding for and awarding of trade contracts, considering such factors as the bidding climate, improving or accelerating construction completion, minimizing trade jurisdictional disputes, and related issues. 2.2.10 Based (c) Contractor shall advise Owner on subcontracting opportunities for State of Oregon COBID-certified minority-owned, women-owned, disabled service veteran-owned and emerging small business firms (“DMSDVESBs” or “Certified Firms”) and work with Owner to finalize an Economic Participation Plan that maximizes participation of Certified Firms and supports the objectives of Owner’s Workforce Training and Hiring program and workforce diversity policy. The Economic Participation Plan shall require Contractor to perform all of the following: (i) Identify all divisions of the Work (including supplies, materials, and services) in a way that offers viable subcontracting opportunities for Certified Firms, regardless of the subcontracting tier in which the division of the Work is to be performed. (ii) Develop outreach procedures designed to generate the submission of competitive bid proposals from Certified Firm Subcontractors at all subcontracting tiers. (iii) Develop with Owner mutually agreeable procurement procedures to solicit and award subcontracts at all subcontracting tiers to maximize Certified Firm Subcontractor participation. (iv) Implement the Economic Participation Plan as an integral part of Contractor’s overall approach and management plan for performance of the Work. (v) Make additional efforts to maximize participation beyond Owner’s aspirational goal of [ %] Certified Firm participation for this Contract throughout the Project construction by procuring unanticipated and/or unscheduled materials, services, etc. from Certified Firm Subcontractors, whenever possible. (vi) Include a list of all Certified Firms to be utilized on the Project, their respective certifications, and the portions of the Work to be performed by such Certified Firms. The information submitted by Contractor shall be sufficient to allow Owner to determine the percentage of Work subcontracted to Certified Firms for purposes of complying with Owner’s Certified Firm Policy. (d) Contractor shall develop a Workforce Training & Hiring Program Plan in collaboration and in coordination with Owner that: (i) Provides apprenticeship hours in each trade throughout the Project on all subcontract awards of $100,000 or more. (ii) Ensures that a minimum of 20% of labor hours in each apprenticeable trade performed by Contractor and Subcontractors, of $100,000 or more, are worked by state-registered apprentices. (iii) Employs a workforce that reflects the diversity of Multnomah County with the expectations to successfully recruit, train, retain and graduate participants.‌‌‌‌ (iv) Ensures Subcontractors submit monthly employment reports. 3.1.7 Contractor shall recommend to Owner’s Authorized Representative and the Architect a schedule for procuring long-lead time items that will constitute part of the Work required to meet the Project schedule, which shall be procured by Contractor upon Drawings execution of either a GMP Amendment or Early Work Amendment covering the procurement and Specifications produced approval of the schedule by Owner’s Authorized Representative. Contractor shall expedite the Design Professionaldelivery of long-lead time items. 3.1.8 Contractor shall work with Owner in identifying critical elements of the Work that may require special procurement processes, develop GMP proposal(s)such as prequalifying offerors or alternative contracting methods. 3.1.9 Contractor shall work with Owner and the design team to maximize energy efficiency in the Project, including without limitation providing, estimating, and VE support to Owner’s analysis and application for energy-related incentive programs offered by local utilities. Contractor shall participate in meetings or work sessions related to the establishment and documentation of LEED® elements and shall supply documentation and research as necessary to the Architect to meet LEED® certification documentation for “points” at appropriate intervals for purposes of certification (such LEED® “points” may include, but are not limited to: (i) storage and collection of recyclables, (ii) origin of materials, (iii) construction waste management, (iv) location of material manufacture; and (v) enhanced commissioning. 3.1.10 Contractor shall work with Owner and the design team to facilitate changes to the Project Construction Schedulethat are necessary to allow incorporation of works of art to meet Owner’s obligations under the Regional Art & Culture Council’s 2% for Art program into the design and construction of the Project. Owner’s cost of the art objects is not included in the Cost of the Work or the GMP, itemized by Subcontract, for phases but Contractor’s costs relating to facilitating changes to accommodate the handling and installation of the art are part of the Cost of the Work as required by and are included in the OwnerGMP.

Preconstruction Phase Services. The Construction Manager shall: 2.2.1 Provide preconstruction deliverables consisting of a report at Schematic Design, 100% Design Development, and a review at 50% Construction Documents together with a confirmation of scope. The reports shall include a complete discussion and summarysummary for the services provided in accordance with subparagraphs 2.2.2 through 2.2.9 herein below. These deliverables should include a comparison of any changes from the previous estimate. 2.2.2 Review designs during their development. Advise on site use and improvements, selection of materials, building systems and equipment and methods of Project delivery. Provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction and factors related to cost including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economics. 2.2.3 Provide, for the Design Professional's and the Owner's review and acceptance, a Project Schedule that coordinates and integrates the CM's services, the Design Professional's services and the Owner's responsibilities with anticipated construction schedules. The CM shall update this schedule periodically, as required. 2.2.4 Prepare for the Owner's approval a detailed estimate of construction costs, including quantity take-off and unit pricing, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Design Professional. Update and refine this estimate periodically as the Design Professional prepares Construction Documents. Notify the Owner and the Design Professional if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action 2.2.5 Coordinate Contract Documents by consulting with the Owner and the Design Professional regarding Drawings and Specifications as they are being prepared, and recommending alternative solutions whenever design details affect construction feasibility, cost, or schedules. 2.2.5.1 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by the Owner, review the Drawings and Specifications and make recommendations as required to provide that [1] the Work of the separate contractors is coordinated with that of the Trade Contractors, [2] all requirements for the Project have been assigned to the appropriate separate contract, [3] the likelihood of jurisdictional disputes has been minimized, and [4] proper coordination has been provided for phased construction. 2.2.5.2 Develop a Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each Subcontractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 2.2.5.3 Establish a schedule for the purchase of materials and equipment requiring long lead time procurement, and coordinate the schedule with the early preparation of portions of the Contract Documents by the Design Professional. Expedite and coordinate delivery of these purchases. 2.2.6 Provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. Develop bidding packages designed to minimize adverse effects of labor shortages. 2.2.7 Make recommendations for pre-qualification criteria for subcontractor bidders and develop subcontractor bidders' interest in the Project. Establish bidding schedules. 2.2.8 Attend bi-weekly and other scheduled meetings with the Construction Team, and prepare and distribute minutes. 2.2.9 Prior to the development of the GMP at 100% CD Documents, the CM will review the documents for accuracy, constructability, cost saving opportunities and bring all of these items to the attention of the Owner and the Design Professional. This will include discrepancies between all disciplines. 2.2.10 Based upon Drawings and Specifications produced by the Design Professional, develop GMP proposal(s), including Project Construction Schedule, itemized by Subcontract, for phases of Work as required by the Owner.