Common use of SUBCONTRACTS AND OTHER AGREEMENTS Clause in Contracts

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.the

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. Documents and public work projects statutes.. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents and public work projects statutes without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction ManagerContractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager Contractor shall obtain bids. The Construction Manager Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager Contractor intends to accept. The Owner then has the right to review the Construction ManagerContractor’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.110.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. § 9.1.1 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.the

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions § 10.1 Except as may be otherwise directed or approved by Owner or Owner’s Project Management Consultant and wherever reasonably possible, all subcontracts and purchase orders shall be awarded pursuant to competitive bids and according to the following procedure. Contractor must disclose to Owner and Owner’s Project Management Consultant its intention to perform any Work, other than supervision of the Work, by the Contractor’s own forces. Upon Owner’s or Owner’s Project Management Consultant request, Contractor shall be required to solicit competitive bids from other qualified subcontractors for the Work that the Construction Manager does not customarily Contractor proposes to perform with its own forces unless the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction ManagerWork is less than $25,000 in value. The Owner or Owner’s Project Management Consultant may designate specific persons from whom, or entities from which, which the Construction Manager Contractor shall obtain bids. The Construction Manager Unless waived in writing by the Owner, and wherever reasonably possible, the Contractor shall obtain bids from Subcontractors, no less than three (3) qualified Subcontractors and from no less than three (3) qualified suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager and shall deliver such bids to the Architect Owner and Owner with an indication as to which bids the Construction Manager intends to acceptOwner’s Project Management Consultant. The Owner shall then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation determine, with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Contractor, the Architect, or approval or objection and Owner’s Project Management Consultant, which bids will be accepted, including any bid by the Owner, shall not relieve the Construction Manager of its responsibility Contractor to self-perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objectionwork. § 9.1.1 When 10.2 If the FGMP has been established and accepted in writing by the Owner and a specific subcontractor or supplier bidder (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior written consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Contractor shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11, below. Contractor shall promptly deliver to Owner and Owner’s Designated Representative a copy of all executed subcontracts and purchase orders entered into in connection with the Project. Copies of all bids and other proposals shall be furnished upon the request of Owner or Owner’s Designated Representative. § 10.4 Whenever the Contractor intends to require payment and performance bonds from a Subcontractor selected to perform some portion of the Work, except as may be otherwise agreed on by the Owner, all bids to the Contractor shall include a separate line item for the premium cost of the bond, if any, included in the lump sum bid. Subcontractor bonds whose premiums are otherwise recoverable as a Cost of Work must be issued on bond forms acceptable to the Owner and executed or issued by a responsible corporate surety acceptable to the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. § 9.1 Those portions of the The Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Construction Manager shall not use its own employees to perform any Work other than the Genderal Conditions unless authorized in writing by the Owner. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract DocumentsDocuments and in accordance with the provisions of R. I. Gen. Laws § 37-2-27.4. The Construction Manager shall deliver such bids to the Architect Owner’s Program Manager, Design Agent and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid proposal of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.1.1.1 If the Construction Manager recommends a specific bidder that may be considered a “related party”, then the Construction Manager shall promptly notify the Owner in writing of such relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 7.8. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction ManagerContractor’s own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager Contractor shall obtain bids. The Construction Manager Unless Owner otherwise agrees in writing, the Contractor shall obtain bids from Subcontractors, at least three (3) qualified Subcontractors for each trade and from at least three (3) suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager and shall deliver such bids to the Architect Architect. After analyzing all bids and prior to the award of any subcontract by the Contractor, the Contractor shall provide the Owner, for the Owner’s approval, with (a) a bid analysis in a form acceptable to the Owner and (b) a copy of the proposed subcontract agreement, together with an indication as the scopes of work, trade payment breakdowns, schedules and other relevant exhibits, all of which shall be subject to which bids the Construction Manager intends Owner’s approval prior to acceptexecution by the Contractor. The Owner shall then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation determine, with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Contractor and the Architect, which bids will be accepted. No Subcontract shall be awarded by the Contractor without the Owner’s approval. Notwithstanding any provision of the Contract Documents to the contrary, neither the review, approval or designation by the Owner of any Subcontractor or Supplier, nor the participation by the Owner in the selection, review or approval of any Subcontractor or objection by the OwnerSupplier, shall not relieve the Construction Manager Contractor of its full responsibility to perform for the selection of Subcontractors and Suppliers, the performance and coordination of the materials and services rendered thereby or the completion of the Work of the Contract Documents in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objectionterms thereof. § 9.1.1 10.2 When a specific subcontractor or supplier bidder (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.3 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Contractor shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11, below. § 10.4 Prior to commencing work, the Contractor shall provide the Owner with a list of the all Subcontractors, suppliers and materialmen employed or used in completion of the work, list in a timely manner as may be appropriate.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract DocumentsDocuments and public work projects statutes. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents and public work projects statutes without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction Manager’s Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, whom the Construction Manager Contractor shall obtain bidsbids if they meet Contractor's qualification requirement. The Construction Manager Contractor shall obtain bids from Subcontractors, Subcontractors and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager and shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to acceptor Owner's Representative. The Owner shall then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation timely determine with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract DocumentsContractor which bids will be accepted. The Construction Manager Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. § 9.1.1 When 10.2 If a specific subcontractor or supplier bidder among those whose bids are delivered by the Contractor to the Architect (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction ManagerContractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager Contractor shall obtain bids. The Construction Manager Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.Contractor § 9.1.1 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Construction Manager must (a) solicit and obtain competitive bids for each portion of the Work and (b) award each portion of the Work to the lowest responsive qualified bidder as required by Idaho law including, without limitation, Idaho Code §54-4511. For any portion of the Work that the Contractor or its subsidiaries or affiliated companies wish to self-perform or perform, the Contractor or its subsidiary or affiliated company may submit a bid for such portion of the Work, but only if the Contractor, its subsidiary or affiliated company is licensed to perform the portions of the Work being bid. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.the

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.the § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtaining bids from other qualified bidders. The Construction Manager shall obtain at least three qualified bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager If fewer than three bids are received, the Owner may waive the three-bid requirement. The Construction Manager, after analyzing such bids, shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.. SAMPLE § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction ManagerContractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction ManagerContractor (“Subcontractors”). The Owner may designate specific companies or persons from whom, whom or entities from which, which the Construction Manager Contractor shall obtain bids. Except as otherwise agreed to by Owner, for all subcontracts, Contractor shall obtain a minimum of three (3) bids, from Subcontractors and from suppliers of materials or equipment (“Suppliers”) and shall deliver such bids to the Owner. In its sole discretion, Owner may require the Contractor to obtain competitive bids for those portions of the Work that the Contractor customarily self-performs for comparison with Contractor’s proposed cost for such portions of the Work. The Construction Manager Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager Contractor intends to accept. The Owner then has the right to review the Construction ManagerContractor’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.of § 9.1.1 10.1.1 When a specific subcontractor Subcontractor or supplier Supplier (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptionsDocuments, but the Owner requires that another bid be accepted, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction Manager’s Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager Contractor shall obtain bids from Subcontractors, Subcontractors and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager and shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to acceptArchitect. The Owner will then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation determine, with the Architect and, advice of the Contractor and subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice the reasonable objection of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documentswhich bids will be accepted. The Construction Manager Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. § 9.1.1 When 10.2 If a Guaranteed Maximum Price has been established and a specific subcontractor or supplier bidder among those whose bids are delivered by the Contractor to the Architect (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires required that another bid be accepted, ; then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 10.3 Subcontracts or other agreements shall conform to the payment provisions of Paragraph 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. 10.4 The Owner, Project Consultant, Architect, and Contractor team shall jointly determine accepted subcontractor and supplier bidder's lists prior to release of specific bid packages. The Contractor shall prepare initial lists for approval/revisions by the team.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction Manager’s Contractor's own personnel shall be performed under subcontracts or other appropriate agreements between the Contractor and subcontractors. The Contractor shall obtain bids from subcontractors and shall deliver such bids to the Owner. The Owner will then determine, with the Construction Managerrecommendation of the Contractor and the Owner's other consultants, which bids will be accepted but the Contractor shall not be required to contract with any subcontractor to which it has any reasonable objection. The Owner may designate specific persons from whom, or entities from which, whom the Construction Manager Contractor shall obtain bids. The Construction Manager shall ; however, if a Guaranteed Maximum Price has been established, the Contractor may obtain bids from Subcontractors, other acceptable bidders. All bidders shall be pre-approved by the Owner prior to being placed on the bid list. 10.2 Subcontracts or other agreements shall conform to the payment provisions of Article 12 below and from suppliers of materials or equipment fabricated especially for shall not be awarded without the Work, who are qualified to perform that portion prior written consent of the Work in accordance with the requirements of the Contract Documents. Owner. 10.3 The Construction Manager Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s prepare a list of proposed prequalified subcontractors which list shall be approved in writing by the Owner prior to solicitation of subcontract bids. All Work shall be awarded based on three (3) or more written competitive bids signed by bidders and suppliers in consultation with received for that Work using the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplierContractor's standard subcontract. Any advice of the Architect, or approval or objection Verbal bids will not be accepted by the Owner, . All bids shall not relieve the Construction Manager of its responsibility to perform the Work in accordance be opened with the Contract DocumentsOwner's representative in attendance. The Construction Manager shall not Other bidding procedures, if any, will be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to determined jointly by the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the OwnerContractor.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction ManagerContractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager Contractor shall obtain bids. The Construction Manager Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager Contractor shall deliver such bids to the Architect and Owner. The Contractor shall, as soon as practicable, provide the Owner with a list of all prospective bidders for subcontracts to perform any portion of the Work, with an indication as to which bids the Construction Manager Contractor intends to accept. The Owner then has the right to review the Construction ManagerContractor’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.110.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. The Contractor shall obtain approval from the Owner if the Contractor does not want to select the lowest bidder for initial award of that subcontract scope. Contractor shall provide Owner with copies of all subcontract bids and supporting documentation for all changes to the Work. A minimum of three bids must be obtained from potential subcontractors bidding to supply labor or materials with an aggregate contract value in excess of $100,000.00 (or which are engaged in a trade critical to the Project as determined by the Owner) (the "Key Subcontractors"). Selection of Key Subcontractors is subject to the Owner’s reasonable approval. The Contract Time shall not be adjusted due to the requirement of obtaining Owner approval of a Subcontractor unless the Contractor timely submitted the request for approval and Owner’s delay in providing approval resulted in a delay to Work on the critical path. § 9.1.1 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, accepted without reasonable cause, then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.the

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction Manager’s Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager Contractor shall obtain bids from Subcontractors, Subcontractors and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager and shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to acceptArchitect. The Owner will then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation determine, with the Architect and, advice of the Contractor and subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice the reasonable objection of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documentswhich bids will be accepted. The Construction Manager Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. § 9.1.1 When 10.2 If a Guaranteed Maximum Price has been established and a specific subcontractor or supplier bidder among those whose bids are delivered by the Contractor to the Architect (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, ; then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 10.3 Subcontracts or other agreements shall conform to the payment provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors Subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor Subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor Subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction ManagerContractor’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager Contractor shall obtain bids. The Construction Manager Contractor shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager Contractor shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager Contractor intends to accept. The Owner then has the right to review the Construction ManagerContractor’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.110.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager Contractor of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. § 9.1.1 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptionsDocuments, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person then § 10.2 Subcontracts or entity recommended other agreements shall conform to the Owner by applicable payment provisions of this Agreement, and shall not be awarded on the Construction Manager and basis of cost plus a fee without the amount Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor shall provide in the subcontract or other agreement actually signed for the Owner to receive the same audit rights with regard to the person or entity designated by Subcontractor as the OwnerOwner receives with regard to the Contractor in Article 11.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bidsbids or proposals. The Construction Manager shall obtain bids or proposals from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, appropriately licensed (if statutorily required) and who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids or proposals to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to to Section 9.1.19.1. 1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid or proposal that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid or proposal be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 10.1 Those portions of the Work that the Construction Manager Contractor does not customarily perform with the Construction Manager’s Contractor's own personnel shall be performed under subcontracts subcontracts, purchase orders, or by other appropriate agreements with the Construction ManagerContractor. The Owner may designate specific persons from whom, or entities from which, the Construction Manager Contractor shall obtain bids. The Construction Manager shall obtain bids , when the Contractor judges it reasonable to do so, for such portions of the Work from Subcontractors, Subcontractors and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager and shall deliver such bids to the Architect Owner and Construction Manager. Within three (3) business days of delivery of the bids, the Owner with an indication as to which bids the & Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation will determine, with the Architect and, advice of the Contractor and subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice the reasonable objection of the Architect, which bids will be accepted and the Owner & Construction Manager will notify the Contractor. The Owner may designate specific persons or approval or objection by entities from whom the Owner, Contractor shall obtain bids; but the Owner shall not relieve prohibit the Construction Manager of its responsibility to perform the Work in accordance with the Contract DocumentsContractor from obtaining bids from others. The Construction Manager Contractor shall not be required to contract with anyone to whom the Construction Manager Contractor has reasonable objection. § 9.1.1 When 10.2 If a Guaranteed Maximum Price has been established and a specific subcontractor or supplier bidder among those whose bids are delivered by the Contractor to the Owner (1) is recommended to the Owner by the Construction ManagerContractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, ; then the Construction Manager Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Subcontractors with each other and with those of the Construction Manager, the Owner and the Architect to manage the Project in accordance with the latest approved estimate of Cost of the Work, the Project Schedule, and the Contract Documents. Such duties shall include verification that all necessary submittals of the Contractors, including but not limited to insurance certificates and performance payment bonds, are timely received from the Contractors. The Construction Manager shall provide sufficient organization, personnel, and management to carry out the requirements of this Agreement. The Owner reserves the right, in its sole discretion, to remove or change any of the Construction Manager’s personnel, provided the request is made in good faith and for cause. Prior to actual removal and/or substitution, the Owner shall notify the Construction Manager of its intent to remove such employee, and the Construction Manager shall replace such employee as soon as reasonably possible with an employee which the Owner deems acceptable. § 9.1.1.1 The Construction Manager shall conduct bidding so as to achieve maximum competition among qualified bidders in order to obtain the lowest responsible bidder for acceptable Work. Therefore, competitive bidding by formal advertising ("Formal Advertising") shall be the method of contracting unless otherwise approved by the Owner, in writing. Formal Advertising shall entail: a. Preparation of the invitation for bids describing the building design and Specifications clearly, accurately, and completely, but avoiding unnecessarily restrictive Specifications which might unduly limit the number of bidders; b. Publicizing the invitation for bids through distribution to prospective bidders, in accordance with MCL 380.1267, and such other means as may be appropriate, in sufficient time to enable prospective bidders to prepare and submit bids before the time set for public opening of bids; and c. Awarding the contract, after sealed bids are publicly opened, to the lowest responsible bidder. § 9.1.1.2 The Construction Manager shall serve in the Owner’s best interest without any conflict of interest. In particular the Construction Manager nor any firm in which a principal (i.e., over 10%) stockholder or member of the construction team has a financial interest, shall not, during the term of this Agreement, make or cause to be made any bid for Work of the Project. Notwithstanding the foregoing, however, if the low bid for any bid package exceeds the Construction Manager’s budget line item price for such package, or if less than three (3) bids are received in response to the advertisement of any bid package, with the Owner’s written approval, one of the following procedures shall be followed: a. The Construction Manager shall reject all bids and issue a revised invitation; or b. The Construction Manager shall award to the low bidder for a price above the budget line item. § 9.1.1.3 The Owner shall be responsible for approving awards of all contracts after evaluation and recommendation by the Construction Manager and concurrence of the Architect. After Owner’s approval the Construction Manager shall enter into the separate contracts as required to provide all labor and materials for the construction of the Project. § 9.1.1.4 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to the Owner by the Construction Manager, (2) is qualified to perform that portion of the Work, and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, and the Construction Manager has confirmed that such bidder is the lowest responsible bidder, but the Owner requests that another bid be accepted, then the Construction Manager and Owner must mutually agree on the alternate bidder requested by Owner and the Construction Manager may require that a Change Order be issued, and the Owner must then issue a Change Order, to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of the subcontract or other agreement actually signed with the person or entity designated by the Owner, which amount will include the cost of any additional bond the Construction Manager and Owner mutually agree upon. § 9.1.1.5 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10 below. § 9.1.1.6 The Construction Manager shall not recommend a specific bidder that is considered a "related party" according to Section 7.8.