Common use of Selection of Subcontractors Clause in Contracts

Selection of Subcontractors. Contractor shall have the right to have portions of the Work performed by Subcontractors. Subcontractors designated as Major Subcontractors are identified in Exhibit P-1. After the Effective Date, Contractor shall provide periodic updates to the Exhibit P-1 list and shall submit the updated list to Owner for review. Owner shall identify to Contractor any added Major Subcontractors that are unacceptable to Owner and provide to Contractor a reasonable basis for Owner's rejection of any such added Major Subcontractors. Exhibit P-2 contains a list of potential Subcontractors that may be used for Site construction and related field services. Contractor shall work proactively with Owner to choose acceptable Subcontractors for performance of the Work that is not part of the Standard Plant. In the event Contractor desires to use any Subcontractors that are not listed in Exhibit P-2 to conduct its Scope of Work on Owner's property with respect to both the Standard Plant and on work that is not part of the Standard Plant, Contractor shall notify Owner and, within five (5) Business Days of such notice, Owner shall notify Contractor if such proposed Subcontractor is not acceptable to Owner (such acceptance not to be unreasonably withheld). If Owner rejects any such selected Subcontractor and the use of a different Subcontractor would affect Contractor's costs for performance of the Work or the Project Schedule, Contractor shall be entitled to a Change Order pursuant to Article 9. If, however, Owner fails to provide such notice to Contractor within the five (5) Business Day period, then Owner shall be deemed to have approved such proposed Subcontractor. Subject to the prior provisions of this Section 3.7(a) with respect to Major Subcontractors, Contractor is not obligated to consult with Owner on its selection of Subcontractors not working on Owner's property. Owner shall have the right to recommend additions to Exhibit P-1 and P-2 from time to time, subject to Contractor's approval. Contractor shall be responsible for the actions and omissions of all Subcontractors.

Selection of Subcontractors. Contractor shall have the right to have 1. All portions of the Work that Contractor's organization has not been accustomed to perform shall be performed by Subcontractorsunder subcontracts. Subcontractors designated as Major Subcontractors are identified in Exhibit P-1. After the Effective DatePrior to solicitation of bids from subcontractors and materials suppliers, Contractor shall provide periodic updates submit to the Exhibit P-1 Owner and Architect a proposed list of bidders. The Owner reserves the right to approve or disapprove any such bidders and to add to such list. Such approval, disapproval or addition shall be in writing and shall submit not be unreasonably withheld or delayed. Contractor shall request a minimum of three (3) bids from subcontractors and, subject to the updated list to Owner approval of Owner, will determine which bid(s) will be accepted. For all Contractor- provided self-performed Work, Contractor shall put said Work out for reviewbid by at least two (2) other subcontractors. Owner shall identify then select the subcontractor (whether Contractor or one of the other two subcontractors that bid), and its bid for the applicable portion of the Work. Contractor will provide Owner for Contractor's bid the same breakdown of scope and bid as required by subcontractors. It is understood and agreed by Contractor that, as to any affected systems, and any other areas identified by Owner to Contractor, only those subcontractors previously identified to Contractor any added Major Subcontractors that are unacceptable to by Owner and provide mutually agreed as approved and qualified to Contractor a reasonable basis for Owner's rejection of any such added Major Subcontractors. Exhibit P-2 contains a list of potential Subcontractors that bid may be used considered or awarded subcontracts for Site construction and related field services. Contractor shall work proactively with Owner to choose acceptable Subcontractors for performance of the Work that is not part of the Standard Plantsuch work. In the event of a conflict between Owner and Architect regarding the selection of subcontractors, the Owner's decision in selection of Subcontractors shall govern. 2. The Contractor desires shall forward to use any Subcontractors that are not listed the Owner for review and approval a summary of all subcontractor and supplier bids as received, which summary shall delineate the base bid amount, all alternates, credits, discounts, allowances, contingencies, etc. This information will be in Exhibit P-2 a form to conduct its Scope allow for comparison to line items contained within the line item summary constituting the IGMC and the Contractor's estimate of the Costs of Work on Ownerincluded in the Guaranteed Maximum Cost. Wherein any actual subcontract or purchase order amount is less or greater than the corresponding amount contained within the Contractor's property with respect to both the Standard Plant and on work that is not part estimate of the Standard PlantCost of Work included in the Guaranteed Maximum Cost, Contractor such difference shall notify Owner and, within five (5) Business Days of such notice, Owner shall notify Contractor if such proposed Subcontractor is not acceptable be added to Owner (such acceptance not to be unreasonably withheld)or deducted from the Construction Contingency. 3. If Owner rejects any such selected Subcontractor and Except as regards the use of a different Subcontractor would affect Contractor's costs subcontractors for performance the specific portions of the Work or identified and referred to above, if the Project ScheduleOwner directs the acceptance of a subcontract bid in excess of the bid for the same work utilized by the Contractor in calculating the Estimated Contractor's Cost and the Guaranteed Maximum Cost, Contractor such excess shall be entitled treated as an additive change in the Work in accordance with Section IV. 4. All Subcontractors shall conform to a Change Order pursuant the requirements of this Agreement, including Section 5.3 of the General Conditions attached hereto and the Contractor's standard subcontract form. The Contractor is fully responsible for subcontract requirements that do not conform to Article 9the requirements set forth in this Agreement. If, however, Owner fails to provide such notice to Contractor within Subcontracts shall not be awarded on the five (5) Business Day period, then Owner shall be deemed to have approved such proposed Subcontractorbasis of cost plus fee without prior consent of Owner. Subject to such consent, subcontracts awarded on the prior basis of Cost Plus Fee with Guaranteed Maximum Cost shall also be subject to the provisions of this Section 3.7(a) with respect to Major Subcontractors, Contractor is not obligated to consult with Owner on its selection of Subcontractors not working on Owner's property. Owner shall have the right to recommend additions to Exhibit P-1 and P-2 from time to time, subject to Contractor's approval. Contractor shall be responsible for the actions and omissions of all SubcontractorsAgreement insofar as applicable.

Selection of Subcontractors. Contractor shall have the right to have portions of the Work performed by Subcontractors. Subcontractors designated as Major Subcontractors are identified in Exhibit P-1. After the Effective Date, Contractor shall provide periodic updates to the Exhibit P-1 list and shall submit the updated list to Owner for review. Owner shall identify to Contractor any added Major Subcontractors that are unacceptable to Owner and provide to Contractor a reasonable basis for Owner's ’s rejection of any such added Major Subcontractors. Exhibit P-2 contains a list of potential Subcontractors that may be used for Site construction and related field services. Contractor shall work proactively with Owner to choose acceptable Subcontractors for performance of the Work that is not part of the Standard Plant. In the event Contractor desires to use any Subcontractors that are not listed in Exhibit P-2 to conduct its Scope of Work on Owner's ’s property with respect to both the Standard Plant and on work that is not part of the Standard Plant, Contractor shall notify Owner and, within five (5) Business Days of such notice, Owner shall notify Contractor if such proposed Subcontractor is not acceptable to Owner (such acceptance not to be unreasonably withheld). If Owner rejects any such selected Subcontractor and the use of a different Subcontractor would affect Contractor's ’s costs for performance of the Work or the Project Schedule, Contractor shall be entitled to a Change Order pursuant to Article 9. If, however, Owner fails to provide such notice to Contractor within the five (5) Business Day period, then Owner shall be deemed to have approved such proposed Subcontractor. Subject to the prior provisions of this Section 3.7(a) with respect to Major Subcontractors, Contractor is not obligated to consult with Owner on its selection of Subcontractors not working on Owner's ’s property. Owner shall have the right to recommend additions to Exhibit P-1 and P-2 from time to time, subject to Contractor's ’s approval. Contractor shall be responsible for the actions and omissions of all Subcontractors.

Selection of Subcontractors. In the interest of minimizing the expenditure of funds for the construction of the Project, the Contractor agrees to select appropriately licensed subcontractors for each trade component of the Project in a manner that fosters competition. Contractor agrees that it has solicited or will solicit bids from subcontractors according to a process whereby Contractor publishes a notice of the trade components of the Project [insert timing of publication and newspaper] and enters into competitive bidding negotiations with the potential subcontractors who have successfully participated, or will successfully participate, in Contractor’s pre-qualification process. Further, unless the Parties otherwise agree in writing, on a trade by trade basis, Contractor made or shall make every reasonable effort to ensure that it receives at least three competitive quotes from subcontractors for each trade component of the Project Contractor shall have inform all bidders that the Owner will not be a party to any contracts for construction services executed by the Contractor and selected bidders. However, the Owner reserves the right to have portions oversee the bidding process, and in no case will the Contractor award any subcontracts until the Owner has concurred with the selection, scope, and price of the Work performed by Subcontractorssubcontracted services. Subcontractors designated as Major Subcontractors are identified in Exhibit P-1Contractor shall submit a listing of proposed subcontractors with associated breakdown of bid values to the Owner for the Owner’s review. After In addition, at the Effective DateOwner’s request, Contractor shall provide periodic updates to the Exhibit P-1 list and shall submit Owner with full documentation regarding the updated list to Owner for review. Owner shall identify to Contractor any added Major Subcontractors that are unacceptable to Owner and provide to Contractor a reasonable basis for Owner's rejection of any such added Major Subcontractors. Exhibit P-2 contains a list of potential Subcontractors that may be used for Site construction and related field services. Contractor shall work proactively with Owner to choose acceptable Subcontractors for performance of bids or competitive quotes received by the Work that is not part of the Standard PlantContractor. In no event shall such documentation be redacted or obliterated. If Contractor does not comply with this provision, the event Contractor desires to use any Subcontractors that are not listed Owner may terminate this Agreement in Exhibit P-2 to conduct its Scope accordance with the General Conditions. Following Owner’s concurrence with the selection, scope, and price of Work on Owner's property with respect to both the Standard Plant and on work that is not part of the Standard Plantsubcontracted services, Contractor shall notify Owner and, within five (5) Business Days of such notice, Owner shall notify Contractor if such proposed Subcontractor is not acceptable to Owner (such acceptance not to be unreasonably withheld). If Owner rejects make any such selected Subcontractor and the use of a different Subcontractor would affect Contractor's costs for performance changes in same without Owner’s express written approval of the Work or the Project Scheduleproposed changes, Contractor which approval shall be entitled to a Change Order pursuant to Article 9. If, however, Owner fails to provide such notice to Contractor within the five (5) Business Day period, then Owner shall be deemed to have approved such proposed Subcontractor. Subject to the prior provisions of this Section 3.7(a) with respect to Major Subcontractors, Contractor is not obligated to consult with Owner on its selection of Subcontractors not working on in Owner's property’s sole discretion. Owner shall have reserves the right to recommend additions to Exhibit P-1 and P-2 from time to time, subject to Contractor's approval. terminate this Agreement in accordance with the General Conditions if Contractor shall be responsible for the actions and omissions of all Subcontractorsdoes not comply with this provision.