Common use of Sole Source as Grounds for Rejection of Construction Document Change Order Clause in Contracts

Sole Source as Grounds for Rejection of Construction Document Change Order. If after the acceptance of the GMP Change Order a proposed Construction Document Change Order is submitted to CM/GC for the purposes of adding Construction Documents to this Contract necessary to revise the Program in accordance with the assumptions stated in the GMP Change Order in response to Paragraph 4.1.3.2.2, and said Construction Documents designate a “Sole Source” (as defined herein) from which CM/GC is required to procure goods or services necessary to perform the Work, which sole source has not been designated previously, CM/GC shall, in addition to the grounds enumerated above, be entitled to reject the proposed Construction Document Change Order if (1) the designated Sole Source is a Trade Contractor and it refuses to provide to CM/GC performance and payment bonds for the Trade Contract Sum in substantially the form set forth in Section 5; or (2) the designated Sole Source is a Trade Contractor or Trade Supplier and it refuses to provide CM/GC warranties required under this Contract, including any warranty required by Construction Documents referenced in the proposed Construction Document Change Order. In such event, CM/GC shall give written notice to the Owner rejecting the proposed Construction Document Change Order and shall accompany said written notice with a proposal from CM/GC for changes or modifications in the referenced Construction Documents so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner shall then require the Design Professional to revise the subject Construction Documents so as to eliminate the designation of the Sole Source by incorporation of CM/GC's proposal or otherwise. Upon revision of the Construction Documents by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the CM/GC a proposed Construction Document Change Order for the purpose of adding the revised Construction Documents to this Contract. CM/GC shall be entitled to an extension of the Date of Final Completion but not an increase in any component of the Guaranteed Maximum Price by reason of its rejection of a proposed Construction Document Change Order under this Paragraph or by reason of any redesign by the Design Professional required under this Paragraph.

Sole Source as Grounds for Rejection of Construction Document Change Order. If after the acceptance of the GMP Change Order and during the preparation of a proposed Construction Document Change Order is submitted to CM/GC for the purposes of adding Construction Documents to this Contract necessary to revise the Program in accordance with the assumptions stated in the GMP Change Order in response to Paragraph 4.1.3.2.2, and if said Construction Documents designate a “Sole Source” (as defined herein) from which CM/GC is required to procure goods or services necessary to perform the Work, which sole source has not been designated previously, CM/GC shall, in addition to the grounds enumerated above, be entitled to reject the proposed Construction Document Change Order if (1) the designated Sole Source is a Trade Contractor and it refuses to provide to CM/GC performance and payment bonds for the Trade Contract Sum in substantially the form set forth in Section 57; or (2) the designated Sole Source is a Trade Contractor or Trade Supplier and it refuses to provide CM/GC warranties required under this Contract, including any warranty required by Construction Documents referenced in the proposed Construction Document Change Order. In such event, CM/GC shall give written notice to the Owner rejecting the proposed Construction Document Change Order and shall accompany said written notice with a proposal from CM/GC for changes or modifications in the referenced Construction Documents so as to eliminate the Sole Source designation but to achieve goods or services equal in quality or function. The Owner shall then require the Design Professional to revise the subject Construction Documents so as to eliminate the designation of the Sole Source by incorporation of CM/GC's proposal or otherwise. Upon revision of the Construction Documents by the Design Professional and approval thereof by the Owner, the Owner shall again submit to the CM/GC a proposed Construction Document Change Order for the purpose of adding the revised Construction Documents to this Contract. CM/GC shall be entitled to an extension of the Date of Final Completion but not an increase in any component of the Guaranteed Maximum Price by reason of its rejection of a proposed Construction Document Change Order under this Paragraph or by reason of any redesign by the Design Professional required under this Paragraph.