Common use of AWARD OF SUBCONTRACTS AND OTHER CONTRACTS Clause in Contracts

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OFTHE WORK 5.2.1 The Parties agree that it is in the best interests of both the Contractor and the State to determine and select subcontractors as soon as possible after the Contractor has been awarded the Project. Therefore, the Contractor agrees, to furnish to the State and the Architect in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work within Ten (10) working days of award of the Project to Contractor. The State will reply within Ten (10) working days to the Contractor in writing stating whether or not the State, after due investigation, has reasonable objection to any such proposed person or entity. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the State has made reasonable objection under the provisions of Subparagraph 5.2.1 of these General Conditions. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. 5.2.3 If the State has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the State has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph 5.2.1. of these General Conditions. 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the State makes a reasonable objection to such substitution.

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OFTHE OF THE WORK 5.2.1 4.2.1 The Parties agree that it is Contractor, in compliance with the best interests requirements of both the Contractor Contract Documents and the State to determine and select subcontractors as soon as possible within ten (10) days after the Contractor has been awarded the Project. ThereforeNotice to Proceed, the Contractor agrees, to shall furnish in writing to the State and the Architect in writing Owner the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work within Ten (10) working days of award of the Project to ContractorWork. The State Owner will promptly reply within Ten (10) working days to the Contractor in writing stating whether or not the StateOwner, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner to reply within a reasonable time shall constitute notice of no reasonable objection. The Contractor understands and agrees that no contractual agreement exists for any part of the Work under this Contract between the Owner and any of the Contractor's Subcontractors or Sub-subcontractors. Further, the Contractor understands and agrees that he alone is responsible to the Owner for the Work under this Contract and that any review of Subcontractors or Sub-subcontractors by the Owner will not in any way make the Owner responsible to any Subcontractor, nor responsible for the actions or failures of any Subcontractor or Sub- subcontractor. 5.2.2 4.2.1.1 The Contractor shall identify in the list of names of the Subcontractors proposed, those Subcontractors that are Historically Underutilized Businesses (HUB’s) and indicate the portion of the Work that each Subcontractor will perform. 4.2.2 The Contractor shall not contract with any such proposed person or entity to whom the State Owner has made reasonable objection under the provisions of Subparagraph 5.2.1 of these General ConditionsParagraph 4. 2.1. The Contractor shall not be required to contract with anyone to whom he has a reasonable objection. 5.2.3 4.2.3 If the State Owner has reasonable objection to any such proposed person or entityentity under Paragraph 4.2.1, the Contractor shall submit name a substitute to whom the State Owner has no reasonable objection, and the . The Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued, subject to an audit of said difference by the Owner; provided, however, that no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph 5.2.1. Paragraph 4.2.1 and the original proposed Subcontractor was: (i) able to carry out his work under his proposed subcontract, (ii) able to comply with all applicable laws, (iii) was an ongoing business in the field of these General Conditionshis proposed subcontract, and (iv) had a labor force, capital and a means of supply compatible with the scope of his proposed subcontract. 5.2.4 4.2.4 If the Owner requires a change of any proposed Subcontractor or person or organization previously accepted by him on the Project, the Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued, subject to an audit by Owner. 4.2.5 The Contractor shall notify the Owner and the Design Consultant of any substitution for any Subcontractor 2.1.1. The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the State Owner or the Design Consultant makes a reasonable objection to such substitution. Also, Contractor may make no substitution of Subcontractors in violation of applicable law. 4.2.6 If during the duration of the Project, the Contractor effects a substitution for any Subcontractor per Paragraph 5.2.5, or if additional subcontract opportunities become available, the Contractor shall make a good faith effort to utilize Historically Underutilized Businesses (HUB’s).