Common use of Bidding Services Clause in Contracts

Bidding Services. 2.3.1 Based on the “Design and Construction Schedule”, Exhibit “E, upon completion of the Construction Documents, the DB shall provide to the Owner a final GMP proposal for all construction work contemplated by the Construction Documents. The DB's proposal will be based on bids solicited by the DB from as many subcontractors as required by the Owner’s procurement policy. 2.3.2 Within fifteen (15) days of the Owner's receipt of the DB's proposal, the Owner will have the option, in its sole discretion, to either reject or accept the DB’s proposal. If the Owner accepts the proposal, a change order will be issued to reflect any change to the “Guaranteed Maximum Price”, Exhibit “C”, and the Contract GMP. 2.3.3 If the Owner rejects the proposal, this contract shall be terminated in accordance with Article 24 of the Design / Builder Supplemental Conditions, Exhibit “A”. 2.3.4 The Owner may request from the DB a modified GMP proposal utilizing the DB’s suggested, and Owner approved, modifications to the Construction Documents, which are determined to be necessary to reduce the project costs to come within the project budget. All reasonable costs incurred to incorporate the approved modifications into the Construction Documents shall be the responsibility of the DB and DB hereby agrees to pay for all such costs. 2.3.5 Nothing contained in this Contract shall require the Owner to accept any of the DB's proposals. Further, the DB agrees that the Owner has the unrestricted discretion to 2.3.6 The Owner's failure to specifically notify the DB of the Owner's decision not to accept the DB's proposal shall not be construed as the Owner's implicit acceptance of the proposal. Rather, in order for the DB's proposal to be accepted, the Owner must so specify such acceptance in writing. 2.3.7 Whether the Owner accepts or rejects any modified proposals, the Owner is not responsible for payment of any costs incurred by the DB in preparing revisions to the proposal or the modified proposal. 2.3.8 The DB agrees, notwithstanding any other provisions to the contrary, that should the Owner reject the DB's proposal, or modified proposal, the Owner has the discretion, but not the obligation, to procure construction management services for the Project through competitive bidding pursuant to Florida Statute 287.057, or competitive selection/negotiation pursuant to Florida Statute 287.055 and 1013.45(1)(c), using the documents generated and created during the pre-construction phase. The Owner agrees that if competitive bidding occurs, nothing in this Contract restricts the DB from bidding on the construction phase of the Project along with all other qualified bidders.