SUBCONTRACTORS AND SUPPLIERS. The XXXX contractor shall seek to develop subcontractor interest in the Project and, in accordance with Section 5.2.2.of AIA Document A201-2017, as modified by the Owner, shall furnish to the Owner and Designer for their review and approval, a list of potential subcontractors, accompanied by a summary of the qualifications, relevant experience, and financial status of each potential subcontractor, including suppliers who are proposed by the XXXX contractor to furnish materials or equipment fabricated to a special design, from whom bids and/or proposals may be requested for each principal portion of the Work. The Designer will promptly reply in writing to the XXXX contractor if the Designer or Owner knows of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Designer to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Designer to later object to or reject any proposed subcontractor or supplier. The pre- qualification of subcontractors and/or suppliers may continue into the construction phase of the Project. The XXXX contractor shall develop a bid / proposal package strategy in coordination with the Designer that addresses the entire scope of each phase and stage of the Project. Self-performance by the XXXX contractor may be allowed, not to exceed 20% of the GMP, providing the XXXX contractor can demonstrate that self-performance represents the best value to the Project based on current subcontractor market conditions. The scope of any and all self-performance is subject to Owner approval. The bid / proposal package strategy shall be reviewed with the Owner and Designer on a regular basis and revised throughout the buyout of the Project in order to best promote the interests of the Project and Owner. The XXXX contractor shall provide an analysis of the types and quantities of labor required for the Project and review the appropriate categories of labor required for critical phases or stages and make recommendations that minimize the adverse effects of labor shortages. The XXXX contractor shall refine, implement and monitor required subcontractor procurement to promote equal employment opportunity in the provision of goods and services to the Owner for the Project. The XXXX contractor shall consult with and make recommendations to the Owner and Designer on the acquisition schedule for fixtures, furniture and equipment, and coordinate with Owner as may be required to meet the overall construction program.
Appears in 7 contracts
Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
SUBCONTRACTORS AND SUPPLIERS. § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval.
§ 3.1.11.2 The XXXX contractor Construction Manager shall seek to develop subcontractor bidders’ interest in the Project and, in accordance with Section 5.2.2.of AIA Document A201-2017, as modified by and establish bidding schedules. The Construction Manager shall submit the list of prospective bidders for the Architect’s review and the Owner’s approval. The Construction Manager shall identify the documents to be included in bid packages. The Construction Manager, with the assistance of the Architect, shall furnish issue bidding documents to bidders, conduct Prebid conferences with prospective bidders, assist the Architect with regard to questions from bidders and with the issuance of addenda and conduct post-bid interviews to insure completeness. Construction Manager shall then prepare bid analyses and make recommendations to the Owner and Designer for their review and approval, a list the award of potential subcontractors, accompanied by a summary Subcontracts or rejection of the qualifications, relevant experience, and financial status of each potential subcontractorbids, including for suppliers who are proposed by the XXXX contractor to furnish materials or equipment fabricated to a special design, from whom bids and/or proposals may be requested for each principal portion of the Work. The Designer Owner will promptly reply in writing to the XXXX contractor Construction Manager if the Designer Architect or Owner knows of any objection to such subcontractor Subcontractor or supplier. The receipt of such list shall not require the Owner or Designer Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Designer Architect later to later object to or reject any proposed subcontractor or supplier. .
§ 3.1.11.3 The pre- qualification of subcontractors and/or suppliers may continue into processes described in Article 9 shall apply if bid packages will be issued during the construction phase of the Project. The XXXX contractor shall develop a bid / proposal package strategy in coordination with the Designer that addresses the entire scope of each phase and stage of the Project. Self-performance by the XXXX contractor may be allowed, not to exceed 20% of the GMP, providing the XXXX contractor can demonstrate that Preconstruction Phase.
§ 3.1.11.4 Construction Manager will self-performance represents the best value to the Project based on current subcontractor market perform general conditions. The scope of For any and all other Work which the Construction Manager proposes to self-performance is subject perform, the Construction Manager shall obtain at least two other sealed bids from qualified Subcontractors, unless otherwise agreed to Owner approval. The bid / proposal package strategy shall be reviewed with the Owner and Designer on a regular basis and revised throughout the buyout of the Project in order to best promote the interests of the Project and by Owner. The XXXX contractor sealed bids from those Subcontractors and from Construction Manager (whose bid shall provide an analysis of the types and quantities of labor required for the Project and review the appropriate categories of labor required for critical phases or stages and make recommendations that minimize the adverse effects of labor shortages. The XXXX contractor shall refine, implement and monitor required subcontractor procurement to promote equal employment opportunity be in the provision format required of goods and services Subcontractors) shall be submitted directly to the Owner for the Project. The XXXX contractor shall consult with opening and make recommendations to the Owner and Designer on the acquisition schedule for fixtures, furniture and equipment, and coordinate with Owner as may be required to meet the overall construction programreview.
Appears in 2 contracts
Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor, Standard Form of Agreement Between Owner and Construction Manager as Constructor
SUBCONTRACTORS AND SUPPLIERS. 2.1.3.1 The XXXX contractor Construction Manager shall seek to develop subcontractor Subcontractor interest in the Project and, in accordance with Section 5.2.2.of AIA Document A201-2017, as modified by the Owner, and shall use its best efforts to furnish to the Owner Development Manager and Designer Architect for their review and approval, information a list of potential subcontractors, accompanied by a summary of the qualifications, relevant experience, and financial status of each potential subcontractorat least five (5) pre-qualified Subcontractors, including suppliers who are proposed by the XXXX contractor to furnish materials or equipment fabricated to a special design, from whom bids and/or proposals may will be requested for each principal portion of the Work. All Subcontractors who bid on any portion of the Work shall have been pre-qualified by Construction Manager as satisfying each of the requirements set forth on Exhibit B, unless waived in writing by Development Manager. The Designer Development Manager will promptly reply in writing to the XXXX contractor Construction Manager if the Designer Development Manager or Owner knows of Architect has any objection to such subcontractor any proposed Subcontractor or supplier. The receipt of such list shall not require the Owner or Designer Development Manager to investigate the qualifications of proposed subcontractors Subcontractors or suppliers, nor shall it waive the right of the Owner or Designer Development Manager later to later object to or reject any proposed subcontractor Subcontractor or supplier. The pre- qualification of subcontractors and/or suppliers may continue into the construction phase of the Project. The XXXX contractor shall develop a Subcontractor's bid / proposal package strategy in coordination with the Designer that addresses the entire scope of each phase and stage of the Project. Self-performance by the XXXX contractor may be allowed, not to exceed 20% of the GMP, providing the XXXX contractor can demonstrate that self-performance represents the best value to the Project based on current subcontractor market conditions. The scope of any and all self-performance is subject to Owner approval. The bid / proposal package strategy list shall be reviewed with the Owner and Designer on a regular basis and revised throughout the buyout approved by Development Manager.
2.1.3.2 If separate Contracts for other portions of the Project in order are to best promote be awarded, the interests Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Project and Owner. The XXXX contractor shall provide an analysis of the types and quantities of labor required separate Contractors is coordinated, (2) all requirements for the Project and review have been assigned to the appropriate categories separate Contractors, (3) the likelihood of labor required jurisdictional disputes has been minimized, and (4) proper coordination has been provided for critical phases phased construction.
2.1.3.3 Construction Manager shall cause all subcontracts to include a clause prohibiting Construction Manager from receiving any discount, refund, inducement, benefit or stages payment which is not to or for the benefit of Owner and make recommendations that minimize which is not reflected in the adverse effects terms of labor shortagesthe applicable subcontract. The XXXX contractor Each Subcontractor shall refinecertify as to such statement upon request of Owner, implement Development Manager or Trustee (as defined in Subparagraph 3.1.1).
2.1.3.4 Construction Manager shall cause all Subcontracts to comply with applicable laws, regulations and monitor required subcontractor procurement to promote special requirements of the Contract Documents regarding equal employment opportunity in opportunity, affirmative action programs and the provision of goods and services to the Owner for the Project. The XXXX contractor shall consult with and make recommendations to the Owner and Designer Native American hiring preferences set forth on the acquisition schedule for fixtures, furniture and equipment, and coordinate with Owner as may be required to meet the overall construction programExhibit C hereto.
Appears in 1 contract
Samples: Construction Manager Agreement (Chukchansi Economic Development Authority)
SUBCONTRACTORS AND SUPPLIERS. The XXXX contractor Construction Manager shall seek canvass the market to determine bidding interest, and shall carry out an active program to develop subcontractor interest in bidding on the Project and, in accordance with Section 5.2.2.of AIA Document A201-2017, as modified by the Owner, and shall furnish to the Owner and Designer Architect for their review and approval, information a list of potential possible subcontractors, accompanied by a summary of the qualifications, relevant experience, and financial status of each potential subcontractor, including suppliers who are proposed by the XXXX contractor to furnish materials or equipment fabricated to a special design, from whom bids and/or proposals may will be requested for each principal portion of the Work. If interest is lacking among potential subcontractors and it appears that competition will be inadequate, the Construction Manager shall, upon the Owner’s request, identify possible reasons and/or recommend possible strategies for expanding the competition. The Designer Architect will promptly reply in writing to the XXXX contractor Construction Manager if the Designer Architect or Owner knows know of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Designer Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Designer Architect later to later object to or reject any proposed subcontractor or supplier. The pre- qualification Construction Manager shall timely conduct a market study to determine the local market area labor conditions that may affect the Project in sufficient time for the design team to incorporate the results of subcontractors and/or suppliers may continue the survey into the construction phase of working drawings.
§ 2.1.6.1 The Construction Manager shall prepare and submit to the Project. Owner a procurement schedule.
§ 2.1.6.2 The XXXX contractor Construction Manager shall develop a draft all invitations or solicitations to bid / proposal package strategy in coordination for the Work, and shall assemble the solicitation packages with the Designer that addresses the entire scope of each phase and stage of the Project. Self-performance by the XXXX contractor may be allowed, not to exceed 20% of the GMP, providing the XXXX contractor can demonstrate that self-performance represents the best value to the Project based on current subcontractor market conditions. The scope of any and all self-performance is subject to Owner Owner’s prior written approval. The Construction Manager shall ensure that the drawings and specifications included in the bid / proposal packages are complete and up to date, and shall include an appropriate subcontract form approved by the owner for inclusion in the solicitation. The Construction Manager shall ensure that the final solicitation package strategy includes all accepted comments, changes, and corrections from the final design review.
§ 2.1.6.3 The Owner and the Project Manager will review and the Owner will endeavor to approve in writing five (5) pre-qualified bidders (but not less than three [3]) for each package. In the event that the Construction manager intends to perform any of the Work with its own forces, the Construction Manager shall notify the Owner and the Project Manager of such desire to self-perform such portion of the Work. Upon the Owner’s approval, the Construction Manager shall be reviewed deemed a pre-qualified bidder for such portion of the Work. The Construction Manager shall only be entitled to self-perform Work if it can demonstrate to the Owner that such Work will be performed on terms and conditions at least equal to those which would apply in a fully competitive bid environment.
§ 2.1.6.4 The Construction Manager shall review all accepted bids for completeness, responsiveness, scope overlaps and omissions, prepare a record of bidding and a detailed bid analysis, and recommend to the Owner, Project Manager and Architect Subcontractors, separate contractors, and materialmen necessary and sufficient to provide a completed and fully operational Project in accordance with the Contract Documents and the Control Budget. At least three (3) responsive bids must be received from qualified and responsible Subcontractors in each trade. The Owner and the Project Manager reserve the right to be present during the subcontractor bid and clarification process, and shall have the right to review all bids. The Construction Manager shall review all Subcontractors’ proposed substitutions for suitability and cost effectiveness, and shall make corresponding recommendations to the Owner. The Construction Manager shall work closely with the Owner and Designer on a regular basis and revised throughout the buyout of the Project in order Manager to best promote the interests identify potential areas of the Project cost savings that can be achieved, and Owner. The XXXX contractor shall provide an analysis of the types and quantities of labor required for the Project and review the appropriate categories of labor required for critical phases or stages and make recommendations that minimize the adverse effects of labor shortages. The XXXX contractor shall refine, implement and monitor required subcontractor procurement to promote equal employment opportunity negotiate all final subcontracts in the provision of goods and services to the Owner for the Project. The XXXX contractor shall consult with and make recommendations to the Owner and Designer on the acquisition schedule for fixtures, furniture and equipment, and coordinate with Owner as may be required to meet the overall construction programOwner’s best interests.
Appears in 1 contract
Samples: Construction Manager Agreement (United Therapeutics Corp)