Common use of The Pre-Construction Phase Clause in Contracts

The Pre-Construction Phase. Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the Project, consisting of _ _ ( ) copies of reports at: (i) Conceptual Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50% Construction Documents, and (v) 100% Construction Documents. At the Design Development stage, Construction Manager shall provide a letter indicating Construction Manager’s confirmation that the concept selected can be constructed within the budget. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase shall be based on the Cost Containment Guidelines for the State University System of Florida, January 1996. 3.2.2 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 economies. 3.2.3 Provide, for the Architect/Engineer's and Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate Construction Manager's services, the Architect/Engineer's services and Owner's responsibilities with anticipated construction schedules. Construction Manager shall update the Project Construction Schedule at each milestone, as required. Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare for Owner's written approval a detailed estimate of construction cost developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise Owner and the Architect/Engineer if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action. 3.2.5 Coordinate with Owner and the Architect/Engineer regarding Construction Documents as they are being prepared, and recommend alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by Owner, review the Construction Documents 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the pre-construction phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contract, for phases of the Work as required by Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMP, Construction Manager shall notify Owner immediately, prior to developing the GMP. All assumptions made by Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by Construction Manager must be identified in the original proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by Construction Manager not included in the original GMP proposal. 3.2.10.1 If the GMP proposal is accepted by Owner, it will become an amendment to this Agreement which will establish the GMP, contract time, and liquidated damages for that phase of the Work. 3.2.10.2 Prior to commencement of the Work, Construction Manager shall provide to Owner certified copies of the recorded payment and performance bonds for the Project. Such payment and performance bonds shall be on Owner’s standard forms or on forms otherwise acceptable to Owner. Notwithstanding any provisions in this Agreement to the contrary, Owner shall not make a payment to Construction Manager until Construction Manager has complied with this provision. 3.2.10.3 If the GMP proposal is not accepted by Owner, Owner shall so notify Construction Manager in writing. Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of Owner’s foregoing notice to Construction Manager, unless an extension is granted in writing by Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, Owner shall have the right to terminate this Agreement, and Owner may initiate negotiations with another firm. If Owner elects to terminate this Agreement, Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- construction services previously approved by Owner.

The Pre-Construction Phase. Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the Project, consisting of _ _ ( ) copies of reports at: (i) Conceptual Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50% Construction Documents, and (v) 100% Construction Documents. At the Design Development stage, Construction Manager shall provide a letter indicating Construction Manager’s confirmation that the concept selected can be constructed within the budget. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase shall be based on the Cost Containment Guidelines for the State University System of Florida, January 1996. 3.2.2 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 economies. 3.2.3 Provide, for the Architect/Engineer's and Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate Construction Manager's services, the Architect/Engineer's services and Owner's responsibilities with anticipated construction schedules. Construction Manager shall update the Project Construction Schedule at each milestone, as required. Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare for Owner's written approval a detailed estimate of construction cost developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise Owner and the Architect/Engineer if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action. 3.2.5 Coordinate with Owner and the Architect/Engineer regarding Construction Documents as they are being prepared, and recommend alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by Owner, review the Construction Documents 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the pre-construction phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contract, for phases of the Work as required by Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMP, Construction Manager shall notify Owner immediately, prior to developing the GMP. All assumptions made by Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by Construction Manager must be identified in the original proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by Construction Manager not included in the original GMP proposal. 3.2.10.1 If the GMP proposal is accepted by Owner, it will become an amendment to this Agreement which will establish the GMP, contract time, and liquidated damages for that phase of the Work. 3.2.10.2 Prior to commencement of the Work, Construction Manager shall provide to Owner certified copies of the recorded payment and performance bonds for the Project. Such payment and performance bonds shall be on Owner’s standard forms or on forms otherwise acceptable to Owner. Notwithstanding any provisions in this Agreement to the contrary, Owner shall not make a payment to Construction Manager until Construction Manager has complied with this provision. 3.2.10.3 If the GMP proposal is not accepted by Owner, Owner shall so notify Construction Manager in writing. Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of Owner’s foregoing notice to Construction Manager, unless an extension is granted in writing by Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, Owner shall have the right to terminate this Agreement, and Owner may initiate negotiations with another firm. If Owner elects to terminate this Agreement, Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- construction services previously approved by Owner.

The Pre-Construction Phase. The Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the Project, consisting of _ _ ( ) copies of reports at: : (i) Conceptual Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50% Construction Documents, and (v) 100% Construction Documents. At the Design Development stage, Construction Manager shall provide a letter indicating the Construction Manager’s confirmation that the concept selected can be constructed within the budget. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase shall be based on the Cost Containment Guidelines for the State University System of Florida, January 1996. 3.2.2 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 economies. 3.2.3 Provide, for the Architect/Engineer's and the Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update the Project Construction Schedule at each milestone, as required. The Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare for the Owner's written approval a detailed estimate of construction cost developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action. 3.2.5 Coordinate with the Owner and the Architect/Engineer regarding Construction Documents as they are being prepared, and recommend alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 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 Construction Documents 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the pre-construction phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contract, for phases of the Work as required by the Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMP, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by the Construction Manager must be identified in the original proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by the Construction Manager not included in the original GMP proposal. 3.2.10.1 If the GMP proposal is accepted by the Owner, it will become an amendment to this Agreement which will establish the GMP, contract time, and liquidated damages for that phase of the Work. 3.2.10.2 Prior to commencement of the Work, Construction Manager shall provide to Owner certified copies of the recorded payment and performance bonds for the Project. Such payment and performance bonds shall be on the Owner’s standard forms or on forms otherwise acceptable to the Owner. Notwithstanding any provisions in this Agreement to the contrary, the Owner shall not make a payment to the Construction Manager until the Construction Manager has complied with this provision. 3.2.10.3 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of the Owner’s foregoing notice to the Construction Manager, unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, the Owner shall have the right to terminate this Agreement, and the Owner may initiate negotiations with another firm. If the Owner elects to terminate this Agreement, the Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- pre-construction services previously approved by Owner.

The Pre-Construction Phase. The Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the Project, consisting of _ a letter and __ ( ) copies of reports at: (i) Conceptual Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50% Construction Documents, Documents and (v) 100% Construction DocumentsDocuments together with a Guaranteed Maximum Price proposal. At the The letter at Design Development stage, Construction Manager shall provide a letter indicating will indicate the Construction Manager’s confirmation that the concept selected can be constructed within the budget. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase shall be based on the Cost Containment Guidelines for the State University System of Florida, January 1996.the 3.2.2 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 economies. 3.2.3 Provide, for the Architect/Engineer's and the Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update the Project Construction Schedule at each milestone, as required. The Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare for the Owner's written approval a detailed estimate of construction cost Construction Cost, as defined in this Agreement, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the construction cost Construction Cost may exceed the Project budget. Make recommendations for corrective action. 3.2.5 Coordinate with the Owner and the Architect/Engineer regarding Construction Documents as they are being prepared, and recommend recommending alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 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 Construction Documents and make recommendations as required to provide that: (1) the Work of the separate contractors is coordinated with that of the trade contractorsTrade 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractorTrade Contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the prePre-construction phaseConstruction Phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contractTrade Contract, for phases of the Work as required by the Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMPGuaranteed Maximum Price, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by the Construction Manager must be identified in the original proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments Amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by the Construction Manager not included in the original GMP proposal. 3.2.10.1 If the GMP proposal is accepted by the Owner, it will become an amendment Amendment to this Agreement which will establish the GMP, contract timeContract Time, and liquidated damages for that phase of the Work. Performance and Payment Bonds on the Owner's standard forms will be executed prior to commencement of the Work. 3.2.10.2 Prior to commencement of the Workany construction work, Construction Manager shall provide to Owner certified copies of the recorded payment Performance and performance bonds Payment Bonds for the Project. Such payment Effective October 1, 2012, and performance bonds shall be on Owner’s standard forms or on forms otherwise acceptable to Owner. Notwithstanding not withstanding any provisions in this Agreement to the contrary, the Owner shall not make a payment to the Construction Manager until the Construction Manager has complied with this provision. 3.2.10.3 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of Owner’s foregoing notice to Construction Managerdays, unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, Owner shall have and the right to terminate this Agreement, and Owner may initiate negotiations with another firm. If Owner elects to In this event, this Agreement shall terminate this Agreement, and the Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- construction services previously Pre-Construction Services approved by Owner.

The Pre-Construction Phase. Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the Project, consisting upon request of _ _ ( ) copies Owner, provide some or all of reports at: (i) Conceptual Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50% Construction Documents, and (v) 100% Construction Documents. At the Design Development stage, Construction Manager shall provide a letter indicating Construction Manager’s confirmation that the concept selected can be constructed within the budget. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase services described in Sections 3.2.1-3.2.9 herein. The complete scope of pre- construction services, and the fee to be paid therefor, shall be based on identified in the Cost Containment Guidelines pre- construction services proposal provided by Construction Manager and accepted by Owner. The fee for the State University System pre-construction services shall not exceed 1% of Floridathe agreed upon Guaranteed Maximum Price (GMP) unless previously authorized in writing by Owner. Said percentage will be examined by Owner once the GMP is agreed upon, January 1996and an adjustment will be made for any overstated costs. 3.2.2 3.2.1 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 cost, including, but not limited to, costs of alternative designs or materials, preliminary budgets and possible economies. 3.2.3 3.2.2 Provide, for the Architect/Engineer's and Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate Construction Manager's services, the Architect/Engineer's services and Owner's responsibilities with anticipated construction schedules. Construction Manager shall update the Project Construction Schedule at each milestone, as required. Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare 3.2.3 Prepare, for Owner's written approval approval, a detailed estimate of construction cost cost, as defined in this Agreement, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise Owner and the Architect/Engineer if it appears that the construction cost may exceed the Project budget. Make recommendations for corrective action. Recommendations and cost estimates made throughout the pre- construction phase shall be based on the most recently dated Cost Containment Guidelines for the State University System of Florida. 3.2.5 3.2.4 Coordinate with Owner and the Architect/Engineer regarding Construction Documents as they are being prepared, and recommend alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 3.2.4.1 Advise on the separation of the Project into contracts for various categories of Work. If separate contracts are to be awarded by Owner, review the Construction Documents 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the pre-construction phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contract, for phases of the Work as required by Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMP, Construction Manager shall notify Owner immediately, prior to developing the GMP. All assumptions made by Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by Construction Manager must be identified in the original proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by Construction Manager not included in the original GMP proposal. 3.2.10.1 If the GMP proposal is accepted by Owner, it will become an amendment to this Agreement which will establish the GMP, contract time, and liquidated damages for that phase of the Work. 3.2.10.2 Prior to commencement of the Work, Construction Manager shall provide to Owner certified copies of the recorded payment and performance bonds for the Project. Such payment and performance bonds shall be on Owner’s standard forms or on forms otherwise acceptable to Owner. Notwithstanding any provisions in this Agreement to the contrary, Owner shall not make a payment to Construction Manager until Construction Manager has complied with this provision. 3.2.10.3 If the GMP proposal is not accepted by Owner, Owner shall so notify Construction Manager in writing. Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of Owner’s foregoing notice to Construction Manager, unless an extension is granted in writing by Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, Owner shall have the right to terminate this Agreement, and Owner may initiate negotiations with another firm. If Owner elects to terminate this Agreement, Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- construction services previously approved by Owner.and

The Pre-Construction Phase. The Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the Project, consisting of _ _ a letter and ( ) copies of reports at: (i) Conceptual Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50% Construction Documents, Documents and (v) 100% Construction DocumentsDocuments together with a Guaranteed Maximum Price proposal. At the The letter at Design Development stage, Construction Manager shall provide a letter indicating will indicate the Construction Manager’s confirmation that the concept selected can be constructed within the budget. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase shall be based on the Cost Containment Guidelines for the State University System of Florida, January 1996. 3.2.2 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 economies. 3.2.3 Provide, for the Architect/Engineer's and the Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update the Project Construction Schedule at each milestone, as required. The Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare for the Owner's written approval a detailed estimate of construction cost Construction Cost, as defined in this Agreement, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the construction cost Construction Cost may exceed the Project budget. Make recommendations for corrective action. 3.2.5 Coordinate with the Owner and the Architect/Engineer regarding Construction Documents Drawings and Specifications as they are being prepared, and recommend recommending alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 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 Construction Documents Drawings and Specifications and make recommendations as required to provide that: that (1) the Work of the separate contractors is coordinated with that of the trade contractorsTrade 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractorTrade Contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the pre-construction phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 3.2.7 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 3.2.8 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 3.2.9 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contractTrade Contract, for phases of the Work as required by the Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMPGuaranteed Maximum Price, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by the Construction Manager must be identified in the original proposal. The GMP will not be adjusted due to assumptions made by the Construction Manager not included in the original GMP proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by Construction Manager not included in the original GMP proposal. 3.2.10.1 3.2.9.1 If the GMP proposal is accepted by the Owner, it will become an amendment Amendment to this Agreement which will establish the GMP, contract timeContract Time, and liquidated damages for that phase of the Work. 3.2.10.2 Prior . Performance and Payment Bonds on the Owner's standard forms will be executed prior to commencement of the Work, Construction Manager shall provide to Owner certified copies of the recorded payment and performance bonds for the Project. Such payment and performance bonds shall be on Owner’s standard forms or on forms otherwise acceptable to Owner. Notwithstanding any provisions in this Agreement to the contrary, Owner shall not make a payment to Construction Manager until Construction Manager has complied with this provision. 3.2.10.3 3.2.9.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of Owner’s foregoing notice to Construction Managerdays, unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, Owner shall have and the right to terminate this Agreement, and Owner may initiate negotiations with another firm. If Owner elects During the course of the Pre-Construction Phase, Construction Manager may be asked to terminate this Agreement, Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- construction services previously approved by Ownerparticipate in value engineering to assist with budget related issues of the Project.

The Pre-Construction Phase. The Construction Manager shall: 3.2.1 Provide pre-construction deliverables for the each Project, consisting of _ _ a letter and ( ) copies of reports at: (i) Conceptual during project milestones mutually agreed to by the parties, but not less than two, at Schematics, (ii) Advanced Schematics, (iii) Design Development, (iv) 50or 50%/100% Construction Documents, and (v) 100% Construction Documents. At the Design Development stage, Construction Manager shall provide Documents together with a letter indicating Construction Manager’s confirmation that the concept selected can be constructed within the budgetGuaranteed Maximum Price proposal for each applicable Project. The reports to be provided at each of the above referenced stages shall include a complete discussion and summary of the services provided in accordance with this Agreement, including a Project construction schedule (the “Project Construction Schedule”) and a detailed cost estimate. Recommendations and cost estimates made throughout the pre-construction phase shall be based on the Cost Containment Guidelines for the State University System of Florida, January 1996. 3.2.2 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 economies. 3.2.3 Provide, for the Architect/Engineer's and the Owner's review and written acceptance, the Project Construction Schedule which shall coordinate and integrate the Construction Manager's services, the Architect/Engineer's services and the Owner's responsibilities with anticipated construction schedules. The Construction Manager shall update the Project Construction Schedule at each milestone, as required. The Construction Manager shall at all times carry out its duties and responsibilities as expeditiously as possible and in accordance with the Project Construction Schedule. Time is of the essence in the performance of this Agreement. 3.2.4 Prepare for the Owner's written approval a detailed estimate of construction cost Construction Cost, as defined in this Agreement, developed by using estimating techniques which anticipate the various elements of the Project, and based on design documents prepared by the Architect/Engineer. Update and refine this estimate at each milestone as the Architect/Engineer prepares Construction Documents. Advise the Owner and the Architect/Engineer if it appears that the construction cost Construction Cost may exceed the Project budget. Make recommendations for corrective action. 3.2.5 Coordinate with the Owner and the Architect/Engineer regarding Construction Documents as they are being prepared, and recommend recommending alternative solutions whenever design details affect construction feasibility, cost or schedules. 3.2.5.1 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 Construction Documents and make recommendations as required to provide that: (1) the Work of the separate contractors is coordinated with that of the trade contractorsTrade 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. 3.2.5.2 Develop the Project Construction Schedule providing for all major elements such as phasing of construction and times of commencement and completion required of each trade contractorTrade Contractor. Provide the Project Construction Schedule for each set of bidding documents. Develop a plan for the phasing of construction. 3.2.5.3 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 Construction Documents by the Architect/Engineer. Identify those materials and/or equipment which are particularly appropriate for Owner’s direct purchase based on the terms outlined in this Agreement. Expedite and coordinate delivery of these purchases. 3.2.6 During the course of the prePre-construction phaseConstruction Phase, Construction Manager may be asked to participate in value engineering to assist with budget related issues of the Project. 3.2.7 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. 3.2.8 3.2.87 Make recommendations for pre-qualification criteria for bidders and develop bidders' interest in the Project. Establish bidding schedules. 3.2.9 Schedule and conduct bi-weekly meetings (unless specified by Owner in writing otherwise) of the Construction Team. The appropriate Team member shall prepare and distribute the minutes for each of the meetings. 3.2.10 Based upon Construction Documents produced by the Architect/Engineer, develop Guaranteed Maximum Price (GMP) proposal(s), including Project Construction Schedule, itemized by trade contractTrade Contract, for phases of the Work as required by the Owner. If the documents as prepared by the Architect/Engineer are not adequate for the development of a GMPGuaranteed Maximum Price, the Construction Manager shall notify the Owner immediately, prior to developing the GMP. All assumptions made by the Construction Manager in the development of the GMP shall be specifically listed in the GMP proposal. All assumptions and clarifications, if any, by the Construction Manager must be identified in the original proposal. In no event shall Construction Manager’s clarifications and/or assumptions modify the terms of this Agreement. This provision shall apply to the GMP and any and all amendments Amendments to this Agreement and shall survive expiration of this Agreement. The GMP will not be adjusted due to assumptions made by the Construction Manager not included in the original GMP proposal. 3.2.10.1 If the GMP proposal is accepted by the Owner, it will become an amendment Amendment to this Agreement which will establish the GMP, contract timeContract Time, and liquidated damages for that phase of the Work. 3.2.10.2 Prior . Performance and Payment Bonds on the Owner's standard forms will be executed prior to commencement of the Work, Construction Manager shall provide to Owner certified copies of the recorded payment and performance bonds for the Project. Such payment and performance bonds shall be on Owner’s standard forms or on forms otherwise acceptable to Owner. Notwithstanding any provisions in this Agreement to the contrary, Owner shall not make a payment to Construction Manager until Construction Manager has complied with this provision. 3.2.10.3 3.2.10.2 If the GMP proposal is not accepted by the Owner, the Owner shall so notify the Construction Manager in writing. The Construction Manager shall then recommend adjustments to the Work through value engineering acceptable to Owner and Architect/Engineer. The Construction Team will discuss and negotiate these recommendations for no more than thirty (30) calendar days from the date of Owner’s foregoing notice to Construction Managerdays, unless an extension is granted in writing by the Owner. If an acceptable GMP is not developed within this time period, negotiations may be terminated, Owner shall have and the right to terminate this Agreement, and Owner may initiate negotiations with another firm. If Owner elects to In this event, this Agreement shall terminate this Agreement, and the Owner shall have no further liability under this Agreement except for any outstanding sums due and owing for pre- construction services previously approved by OwnerPre-Construction Services.