Common use of Obtaining Bids/Proposals for the Project Clause in Contracts

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No self-performed work will be allowed to be performed on a lump sum basis.

Obtaining Bids/Proposals for the Project. 5.7.1 5.8.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Publically advertise means an open listing of the request for bids or proposals to obtain multiple proposals. Publically advertise DOES NOT mean by invitation only. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor may pre- qualify bidders however; they shall accept and evaluate all bids received by the same criteria. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 5.8.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 5.8.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall through e-Builder®, list all bid/proposals received, evaluate all bid/proposals received and recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence through e-Builder® with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. After a subcontract is executed, the contractor shall make all bids/proposals public within seven (7) days. Owner shall keep all evaluations and recommendations confidential until after a subcontract award has been made by the Contractor. 5.7.4 5.8.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director Chief Facilities Officer for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 5.8.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 5.8.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of 5.8.7 Contractor may self-perform work bid packages typically performed by subcontractors, Construction Manager may “. The Contractor shall bid all self-perform” such perform bid packages against at least two other interested trade contractors. If the Contractor acquires competitive bids/proposals for the self-performed work, the Owner at its sole determination may allow the self- performed work on to be accomplished as a cost plus fee (Notlump sum. Otherwise, all self-To- Exceed 7.5%) basis performed work shall be subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractorswith a fixed fee. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement unless otherwise agreed to by the Owner and with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No . 5.8.8 The maximum fee payable to the Contractor on GMP self-performed work for scopes of work typically performed by subcontractors, including but not limited to concrete and steel erection scopes, will be allowed 15% on the cost of self-performed labor, labor burden, materials and equipment. If the Contractor does not self-perform the majority of the scope of self-performed work, and as a result subcontracts more than 50% of the self-perform amount to other trade contractors, then no self-performed work fee will apply to the cost of any such sub-subcontracted work. Scopes of work where the contractor received no competitive bids, including but not limited to rough carpentry, daily clean-up, temporary enclosures and other work typically characterized as “miscellaneous items” or “general requirements” may be self-performed with a maximum fee of 7.5% on the cost of self- performed labor, labor burden, materials and equipment. Cost associated with General Conditions are specifically excluded from receiving a lump sum basisfee under this section. 5.8.9 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in e-Builder, including a HUB Subcontracting Plan. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.8.10 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.8.11 The goal of the Contractor shall be to have all work procured through advertised competitive proposals, however if a minor procurement condition arises during the project the following procurement guidelines may be used with Owner’s prior approval. This does not apply to change order pricing. Less than $7,500 No requirements Over $7,500 & less than $25,000 Obtain three (3) solicitations/proposals Over $25,000 Obtain three (3) advertised competitive Proposals as identified above. 5.8.12 There are no third party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director Chief Facilities Officer for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-self- performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self- performed work” to be performed on a lump sum. Otherwise, no self-performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in e-Builder, including a HUB Subcontracting Plan. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.7.10 There are no third party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-self- performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self- performed work” to be performed on a lump sum. Otherwise, no self-performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in e-Builder, including a HUB Subcontracting Plan. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.7.10 There are no third party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-self- performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No self-self- performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. No self- performed work will be allowed to be performed on a lump sum basis.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. Otherwise, no self- performed work will be allowed to be performed on a lump sum basis.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-self- performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-self- performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self- performed work”. If the Contractor acquires competitive bids/proposals for the “self- performed work” the Owner at its sole determination may allow the “self-performed work”” to be performed on a lump sum. No Otherwise, no self-performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Publically advertise means an open listing of the request for bids or proposals to obtain multiple proposals. Publically advertise DOES NOT mean by invitation only. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids/proposals. Contractor may pre- qualify bidders however; they shall accept and evaluate all bids or proposalsreceived by the same criteria. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall through e-Builder®, list all bid/proposals received, evaluate all bid/proposals received and recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence through e-Builder® with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. After a subcontract is executed, the contractor shall make all bids/proposals public within seven (7) days. Owner shall keep all evaluations and recommendations confidential until after a subcontract award has been made by the Contractor. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director Chief Facilities Officer for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of Contractor may self-perform work bid packages typically performed by subcontractors, Construction Manager may “. The Contractor shall bid all self-perform” such perform bid packages against at least two other interested trade contractors. If the Contractor acquires competitive bids/proposals for the self-performed work, the Owner at its sole determination may allow the self- performed work on to be accomplished as a cost plus fee (Notlump sum. Otherwise, all self-To- Exceed 7.5%) basis performed work shall be subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractorswith a fixed fee. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement unless otherwise agreed to by the Owner and with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No . 5.7.8 The maximum fee payable to the Contractor on GMP self-performed work for scopes of work typically performed by subcontractors, including but not limited to concrete and steel erection scopes, will be allowed 15% on the cost of self-performed labor, labor burden, materials and equipment. If the Contractor does not self-perform the majority of the scope of self-performed work, and as a result subcontracts more than 50% of the self-perform amount to other trade contractors, then no self-performed work fee will apply to the cost of any such sub-subcontracted work. Scopes of work where the contractor received no competitive bids, including but not limited to rough carpentry, daily clean-up, temporary enclosures and other work typically characterized as “miscellaneous items” or “general requirements” may be self-performed with a maximum fee of 7.5% on the cost of self- performed labor, labor burden, materials and equipment. Cost associated with General Conditions are specifically excluded from receiving a lump sum basisfee under this section. 5.7.9 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.10 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.8.11 The goal of the Contractor shall be to have all work procured through advertised competitive proposals, however if a minor procurement condition arises during the project the following procurement guidelines may be used with Owner’s prior approval. This does not apply to change order pricing. Less than $7,500 No requirements Over $7,500 & less than $25,000 Obtain three (3) solicitations/proposals Over $25,000 Obtain three (3) advertised competitive Proposals as identified above.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director Chief Facilities Officer for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. Otherwise, no self- performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. Otherwise, no self- performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 5.8.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Publicly advertise means an open listing of the request for bids or proposals to obtain multiple proposals. Publicly advertise DOES NOT mean by invitation only. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor may pre- qualify bidders; however, they shall accept and evaluate all bids received by the same criteria. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 5.8.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 5.8.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall through e-Builder®, list all bid/proposals received, evaluate all bid/proposals received and recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence through e-Builder® with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. After a subcontract is executed, the contractor shall make all bids/proposals public within seven (7) days. Owner shall keep all evaluations and recommendations confidential until after a subcontract award has been made by the Contractor. 5.7.4 5.8.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director Chief Facilities Officer for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 5.8.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 5.8.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of 5.8.7 Contractor may self-perform work bid packages typically performed by subcontractors, Construction Manager may “. The Contractor shall bid all self-perform” such perform bid packages against at least two other interested trade contractors. If the Contractor acquires competitive bids/proposals for the self-performed work, the Owner at its sole determination may allow the self- performed work on to be accomplished as a cost plus fee (Notlump sum. Otherwise, all self-To- Exceed 7.5%) basis performed work shall be subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractorswith a fixed fee. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement unless otherwise agreed to by the Owner and with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work.”. No 5.8.8 The maximum fee payable to the Contractor on GMP self-performed work for scopes of work typically performed by subcontractors, including but not limited to concrete and steel erection scopes, will be allowed 15% on the cost of self-performed labor, labor burden, materials and equipment. If the Contractor does not self-perform the majority of the scope of self-performed work, and as a result subcontracts more than 50% of the self-perform amount to other trade contractors, then no self-performed work fee will apply to the cost of any such sub-subcontracted work. Scopes of work where the contractor received no competitive bids, including but not limited to rough carpentry, daily clean-up, temporary enclosures and other work typically characterized as “miscellaneous items” or “general requirements” may be self-performed with a maximum fee of 7.5% on the cost of self- performed labor, labor burden, materials and equipment. Cost associated with General Conditions are specifically excluded from receiving a lump sum basisfee under this section. 5.8.9 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in e-Builder, including a HUB Subcontracting Plan. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.8.10 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.8.11 The goal of the Contractor shall be to have all work procured through advertised competitive proposals, however if a minor procurement condition arises during the project the following procurement guidelines may be used with Owner’s prior approval. This does not apply to change order pricing. Less than $7,500 No requirements Over $7,500 & less than $25,000 Obtain three (3) solicitations/proposals Over $25,000 Obtain three (3) advertised competitive Proposals as identified above. 5.8.12 There are no third-party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. Otherwise, no self- performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in e-Builder including a HUB Subcontracting Plan. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 5.8.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. publicly advertise means an open listing of the request for bids or proposals to obtain multiple proposals. Publicly advertise DOES NOT mean by invitation only. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor may pre- qualify bidders, however; they shall accept and evaluate all bids received by the same criteria. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 5.8.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 5.8.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall through e-Builder®, list all bid/proposals received, evaluate all bid/proposals received and recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence through e-Builder® with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. After a subcontract is executed, the contractor shall make all bids/proposals public within seven (7) days. Owner shall keep all evaluations and recommendations confidential until after a subcontract award has been made by the Contractor. 5.7.4 5.8.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director Chief Facilities Officer for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 5.8.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 5.8.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of 5.8.7 Contractor may self-perform work bid packages typically performed by subcontractors, Construction Manager may “. The Contractor shall bid all self-perform” such perform bid packages against at least two other interested trade contractors. If the Contractor acquires competitive bids/proposals for the self-performed work, the Owner at its sole determination may allow the self- performed work on to be accomplished as a cost plus fee (Notlump sum. Otherwise, all self-To- Exceed 7.5%) basis performed work shall be subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractorswith a fixed fee. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement unless otherwise agreed to by the Owner and with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No . 5.8.8 The maximum fee payable to the Contractor on GMP self-performed work for scopes of work typically performed by subcontractors, including but not limited to concrete and steel erection scopes, will be allowed 15% on the cost of self-performed labor, labor burden, materials and equipment. If the Contractor does not self-perform the majority of the scope of self-performed work, and as a result subcontracts more than 50% of the self-perform amount to other trade contractors, then no self-performed work fee will apply to the cost of any such sub-subcontracted work. Scopes of work where the contractor received no competitive bids, including but not limited to rough carpentry, daily clean-up, temporary enclosures and other work typically characterized as “miscellaneous items” or “general requirements” may be self-performed with a maximum fee of 7.5% on the cost of self- performed labor, labor burden, materials and equipment. Cost associated with General Conditions are specifically excluded from receiving a lump sum basisfee under this section. 5.8.9 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in e-Builder, including a HUB Subcontracting Plan. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.8.10 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.8.11 The goal of the Contractor shall be to have all work procured through advertised competitive proposals, however if a minor procurement condition arises during the project the following procurement guidelines may be used with Owner’s prior approval. This does not apply to change order pricing. Less than $7,500 No requirements Over $7,500 & less than $25,000 Obtain three (3) solicitations/proposals Over $25,000 Obtain three (3) advertised competitive Proposals as identified above. 5.8.12 There are no third party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. Otherwise, no self- performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.7.10 There are no third party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least atleast three other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. No self-performed work will be allowed to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so. 5.7.10 There are no third party beneficiaries of this Agreement.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-self- performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No self-self- performed work will be allowed to be performed on a lump sum basis. If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner, at its sole determination, may allow the “self-performed work” to be performed on a lump sum basis. 5.7.8 Contractor shall identify every Subcontractor it intends to use on the Project, including Subcontractors used for self-performed work, to Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.9 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with Owner and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-self- performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No If the Contractor acquires competitive bids/proposals for the “self-performed work” the Owner at its sole determination may allow the “self-performed work” to be performed on a lump sum. Otherwise, no self-performed work will be allowed to be performed on a lump sum basis.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner City shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner City in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner City will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for OwnerCity, and its determination shall be final. 5.7.7 . For scope of work bid packages typically performed by subcontractors, Construction Manager Contractor may “self-perform” such work on a cost cost-plus fee (Not-To- To-Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-self- performed work”. The Construction Manager Contractor shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three two other interested trade contractors. Any subcontract for “self-self- performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-self- performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-self- performed work” subject to this contract provision, any division of Construction ManagerContractor, or any separate Construction Manager Contractor or subcontractor that is partially owned or wholly owned by the Construction Manager Contractor or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self- performed work”. If the Contractor acquires competitive bids/proposals for the “self- performed work” the City at its sole determination may allow the “self-performed work”” to be performed on a lump sum. No self-Otherwise, no self- performed work will be allowed to be performed on a lump sum basis. 5.7.3 Contractor shall identify every Subcontractor it intends to use on the Project, self- performed work, to City in writing, in a format acceptable to City, and deliver to City at least ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which City has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following City’s acceptance of a Subcontractor, that Subcontractor shall not be changed without City’s written consent, which shall not be unreasonably withheld. 5.7.4 If a selected trade contractor or Subcontractor fails to execute a subcontract after being selected in accordance with this Paragraph or defaults in the performance of its work, Contractor may, in consultation with City and without further advertising, fulfill the subcontract requirements itself or select a replacement trade contractor or subcontractor to do so.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ bid/proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or bids/proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to the Owner, the bid/proposal(s) proposal that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later.within 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. However, Contractor’s bid/proposal must be sealed and submitted not less than twenty four (24) hours before the submission date for all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. Contractor must perform approved self-performance work in accordance with the same terms and conditions as its other Subcontractors. For payment purposes, Contractor shall account for self- performance work in the same manner as it does all other subcontract costs. 5.7.7 For scope of work bid packages typically performed by subcontractorsContractor shall identify every Subcontractor it intends to use on the Project, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price including Subcontractors used for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work , to be “self-performed” against Owner in writing, in a format acceptable to Owner, and deliver to Owner a HUB Subcontracting Plan at least three other interested ten (10) days before entering into any subcontract. Contractor shall not use any Subcontractor to which Owner has a reasonable objection. Contractor shall not be required to subcontract with any Subcontractor to which it has reasonable objection. Following Owner’s acceptance of a Subcontractor, that Subcontractor shall not be changed without Owner’s written consent, which shall not be unreasonably withheld. 5.7.8 If a selected trade contractors. Any contractor or Subcontractor fails to execute a subcontract for “self-performed after being selected in accordance with this Paragraph or defaults in the performance of its work” will provide for payment , Contractor may, in an amount equal to consultation with Owner and without further advertising, fulfill the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, requirements itself or any separate Construction Manager select a replacement trade contractor or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No self-performed work will be allowed to be performed on a lump sum basisdo so.

Obtaining Bids/Proposals for the Project. 5.7.1 Contractor shall publicly advertise and solicit competitive lump sum bids/proposals from trade contractors or subcontractors for the performance of all major elements of the Project other than the minor work that may be included in General Conditions. Criteria for determining the bid/ proposal that provides the best value to Owner shall be established by the Project Team and included in the request for bids or proposals. Contractor shall notify Owner in advance in writing of the date it will receive the bids/proposals. 5.7.2 Schedule and conduct pre-bid conferences with interested bidders/proposers, Subcontractors, material suppliers, and equipment suppliers, and record minutes of the conferences. 5.7.3 Contractor and Owner shall review all trade contractor or Subcontractor bids/proposals in a manner that does not disclose the contents of any bid/proposal to persons outside of the Project Team during the selection process. Based on the selection criteria included in the request for proposals, Contractor shall recommend to Owner, in a format acceptable to Owner, the bid/proposal(s) that provides the best value for the Project. Upon Owner’s written concurrence with the recommendation, Contractor may negotiate the terms of the subcontract with the apparent best value bidder/proposer. 5.7.4 All subcontracts must be on a lump sum basis unless other payment terms are approved in writing and in advance by the Executive Director for the Office of Facilities Planning & Construction or designee. Upon Owner’s concurrence in the XXXX BIM Contract No. 5912 03/16 Project No. 04-3195 final terms of the subcontract, Contractor shall enter into a written subcontract for the subcontract work and upon request provide a copy to Owner. All bids/proposals shall be publicly available after award of the subcontract or within seven (7) days after the date of final selection, whichever is later. 5.7.5 If Contractor reviews, evaluates, and recommends to Owner a bid/proposal from a qualified trade contractor or subcontractor, but Owner requires another bid/proposal to be accepted, Owner shall compensate Contractor by a change in price, time, or Guaranteed Maximum Price for any additional cost and risk Contractor incurs because of Owner’s requirement that the other bid/proposal be accepted. 5.7.6 Contractor may seek to self-perform portions of the Project identified for self- performance in the bid/proposal strategy. Contractor must submit a bid/proposal for the self-performance work in the same manner as all other trade contractors or Subcontractors. Owner will, at its sole discretion, determine whether Contractor’s bid/proposal provides the best value for Owner, and its determination shall be final. 5.7.7 For scope of work bid packages typically performed by subcontractors, Construction Manager may “self-perform” such work on a cost plus fee (Not-To- Exceed 7.5%) basis subject to an agreed upon guaranteed maximum price for the “self-performed work”. The Construction Manager shall bid their proposed Guaranteed Maximum Price for the work to be “self-performed” against at least three other interested trade contractors. Any subcontract for “self-performed work” will provide for payment in an amount equal to the Cost of the Work (as defined in this Agreement) and will not exceed the agreed upon subcontract guaranteed maximum price. All terms and provisions of any subcontract for “self-performed work” will be consistent with the terms and conditions of this Agreement with the exception of the agreed upon Fee percentage. All savings under any such subcontract for “self-performed work” shall be applied to reduce the Cost of the Work under this Agreement and the Guaranteed Maximum Price of this Agreement. For purposes of defining “self-performed work” subject to this contract provision, any division of Construction Manager, or any separate Construction Manager or subcontractor that is partially owned or wholly owned by the Construction Manager or any of their employees or employee’s relatives will be considered a related party entity and will be subject to this provision regarding “self-performed work”. No self-performed work will be allowed to be performed on a lump sum basis.