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EXHIBIT C - SOW Preconstruction Services

The Scope of Work described in this Exhibit supplements the Consensus Docs240 and ConsensusDocs 500 when the delivery method is Construction Management at Risk. The Scope of Work includes activities performed by the Owner, Design Professional and Constructor both collaboratively and independently. The Owner, Design Professional and Constructor shall endeavor to work together in a collaborative and coordinated manner to support one another in the scope of work described in this Exhibit. Any conflicts between this Exhibit and the Consensus Documents should be brought to the Owner’s attention for resolution.

1. Schedule for Preconstruction Services:

a. Start Date for Preconstruction Services: Schematic Design Review

b. End Date for Preconstruction Services: Issuance of GMP for entire project.

2. Preconstruction Services Kick-Off Meeting:

a. A preconstruction kick-off meeting will be held with the Owner, Design Professional and Constructor to plan and coordinate Preconstruction Services.

b. The Owner, Design Professional and Constructor will agree upon the design-phase schedule, including all pre-construction activities.

i. The Constructor will develop an overall project schedule.

ii. The Design Professional will be responsible for providing schedule input and updates on the design-phase activities.

3. Preliminary Evaluation of Owner’s Program, Schedule and Construction Budget:

a. The Constructor shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other.

b. The Constructor shall submit the preliminary evaluation in writing within 14 days after the first project meeting.

c. The Constructor, in conjunction with the Design Professional, shall review the budgeted Cost of Work for Construction and determine if it is sufficient to construct the Project.

d. The Constructor shall prepare a cost estimate, evaluate the estimate against the construction budget, and recommend, if necessary, appropriate action to avoid potential cost overruns.

e. The Constructor, in collaboration with the Design Professional, shall establish target values for the cost of each Project element to be used as a basis of design and cost monitoring.

f. The Constructor shall monitor the budget as compared to the Project scope through the preconstruction phase. If changes are suggested to the Project scope that may cause Project cost overruns, then Constructor shall notify Owner in writing as part of the regular Project development meetings.

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g. Preliminary Project Schedule: The Constructor shall meet with the Owner, Design Professional and other consultants (if applicable), to review and agree upon a schedule for pre-construction activities, including Guaranteed Maximum Price (GMP) Development and Bidding. The schedule will include adequate time for Design Phase reviews as described below.

4. Design Meetings with Project Stakeholders:

a. Design Meetings will be held with various project stakeholders to obtain input on the project design, schedule and phasing of the project.

b. Meetings will be held on Owner’s campus with both programmatic and operational stakeholders.

c. The Design Professional shall prepare meeting minutes.

5. Design Phase Progress Meetings:

a. Design Phase Progress Meetings will be held every two weeks, at a minimum.

b. The Design Professional shall prepare and distribute meeting minutes for design phase progress meetings.

c. The Constructor and or the Design Professional may participate via teleconference/virtually.

6. Design Phase Milestones:

a. The Design Professional will prepare design deliverables at the following milestones in accordance with WVU Design Guidelines for Design Deliverables [Check all that apply] -

i. Schematic Design (SD) .

ii. Design Development (DD) .

iii. 50% Construction Documents (CD)

iv. 95% Construction Documents (CD) .

7. Design Phase Milestone Reviews and Activities:

a. Design Phase Reviews will be conducted at each Design Phase milestone and will include the following activities:

i. Design Document Review with Project Stakeholders (Owner, External and Regulatory parties, including the WV State Fire Marshal), and various University entities/groups.

ii. Constructability Review by Constructor, Meeting and Report -

1. Constructability, as defined by the Construction Management

Association of America (CMAA) is “The ease with which a project can be built, based upon the clarity, consistency and completeness of the contract documents for bidding, administration and interpretation to achieve overall project objectives. A

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“Constructability Review” is defined by Constructor as “The process of evaluating the construction documents for clarity, consistency, completeness and ease of construction to facility the achievement of overall project objectives.”

2. The Constructability Review is further defined as a systematic review of the Construction Documents by the Constructor with the goal of improving the quality and clarity of the documents by identifying design coordination issues, conflicts, and ambiguities.

The Constructability Review will identify any unusual or difficult details and provide suggestions to Owner for simplification of those details. The Constructability Review will identify any materials, equipment, systems or details that may result in schedule issues due to long lead times or lengthy construction durations. The result of the Constructability Review will include revisions to the construction documents to reduce RFIs, Change Orders and delays during the construction phase. The Constructability Review should generate a list of questions, comments and suggestions to be evaluated by the Design Professional and Owner, for incorporation in the Construction Documents.

3. A meeting will be held between the Owner, Design Professional and Constructor to review the list of items generated from the Constructability Review and determine appropriate action.

iii. Review Commissioning Basis of Design (BOD).

iv. Cost Estimating by Constructor and Design Professional’s Estimating Consultant

b. Estimates should be developed in accordance with WVU Design Guidelines (Section 005000 Design Phase Estimates). Both the Constructor and AE will prepare cost estimates at the end SD and DD. Cost Estimate Reconciliation will be done between Constructor and Design Professional’s estimating consultant at the SD and DD phase. The Constructor will prepare estimates starting at the CD level and throughout CD development or at the point GMP is developed.

i. Value Engineering/Value Management -

1. Value Engineering/Value Management activities will be completed at each design milestone to identify potential cost saving options.

Both the Design Professional and the Constructor shall propose value engineering options. “Value Engineering/Value Management” is defined as a systematic evaluation of the design with the intent of increasing value, which is typically the ratio of function to cost. Value can be increased by improving the function or reducing the cost. A primary tenant of value engineering is that basic functions be preserved and not reduced as a result of reducing

{W0075674.1} 4 costs. Typically, value is related to function, but value may be defined as other things on a project specific basis.

2. The Constructor and Design Professional shall submit a list of value engineering ideas at each design phase with a target savings of 1%.

The options may be considered as alternates.

3. If the estimated Cost of Construction exceeds the Owner’s budget for the Cost of Construction at any time during the design phase, the Owner, Design Professional and Constructor shall work together to make recommendations to reduce costs and provide supporting cost estimates to meet the Owner’s budget. These services shall be provided at no additional cost to the Owner.

c. The Constructor and Design Professional will be jointly responsible for providing Project Schedule Updates.

d. The Design Professional shall develop and maintain a Design-Phase Comment/Action Item Log.

i. The Owner shall provide design approval for Scope and Budget.

ii. The Design Professional shall provide design revisions based on the items above.

iii. At the end of Design Development, the Constructor shall propose how they intend to split up the work packages for bidding.

iv. The Design professional shall coordinate the preparation of the bid packages according to the constructor’s proposed bid schedule and sequence.

8. Ongoing Consultation by Constructor:

a. The Constructor shall provide ongoing input regarding the design, as needed, based on requests from the Design Professional and the Owner, through 95% CDs.

9. Design Assist: The University is open to design assist where it may benefit the project.

The Constructor may propose design-assist services and if agreed by Owner and Design Professional, provide those design-assist services through trade contractors specializing in the specific discipline proposed.

a. The Constructor shall be responsible for coordination and management of the design-assist partner throughout the design phase.