Common use of SUBCONTRACTS AND OTHER AGREEMENTS Clause in Contracts

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 The Work shall be bid or solicited as required by the Authority and awarded to Subcontractors in strict accordance with the Contract Documents and performed pursuant to the terms and conditions of the approved form of Subcontract to be executed between the Construction Manager and all Subcontractors. For Work not yet awarded, the Construction Manager shall obtain bids or solicit competitive proposals as determined by the Authority from Subcontractors and from Suppliers and shall deliver all such bids to the Authority for review and approval by the Authority. Any bid or proposal shall include a detailed accounting for any sales/use taxes that Construction Manager, Subcontractor, or Supplier expects to incur or include in Costs of the Work. Such accounting shall include type of tax (sales, use, excise, etc.), tax amount, tax rate, tax jurisdiction and shall be provided prior to commencing work on the Project. The Construction Manager will recommend to the Authority which Subcontractors and Suppliers it proposes to use, which selection shall be subject to the approval of the Authority, such approval not to be unreasonably withheld. The Authority may designate specific persons or entities from which the Construction Manager shall obtain bids or proposals; however, if the GMP has been approved by the Authority, the Authority may not prohibit the Construction Manager from obtaining bids or proposals from other firms that meet the qualification requirements established in the Contract Documents to perform that portion of the Work. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 The Work shall be bid or solicited as required by the Authority and awarded to Subcontractors in strict accordance with the Contract Documents and performed pursuant to the terms and conditions 9.1 Those portions of the approved form of Subcontract to be executed between Work that the Construction Manager and all Subcontractorsdoes not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. For those portions of the Work proposed to be performed by Construction Manager with its own forces (“Self-Performed Work”) or to be performed by Subcontractors who have not yet awardedalready been selected with Owner’s approval during the preconstruction services phase, the Construction Manager agrees to use reasonable efforts to provide three (3) bids from qualified trade contractors who shall be disclosed to the Owner for each such aspect of the Work prior to the Construction Manager retaining any such Subcontractor or undertaking the Self-Performed Work. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids or solicit competitive proposals as determined by the Authority from Subcontractors and from Suppliers and shall deliver all such bids to the Authority for review and approval by the Authority. Any bid or proposal shall include a detailed accounting for any sales/use taxes that Construction Manager, Subcontractor, or Supplier expects to incur or include in Costs of the Work. Such accounting shall include type of tax (sales, use, excise, etc.), tax amount, tax rate, tax jurisdiction and shall be provided prior to commencing work on the Projectbids. The Construction Manager will recommend to the Authority which Subcontractors and Suppliers it proposes to use, which selection shall be subject to the approval of the Authority, such approval not to be unreasonably withheld. The Authority may designate specific persons or entities from which the Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or proposals; howeverequipment fabricated especially for the Work and shall deliver such bids to the Owner. Construction Manager shall disclose to Owner (i) any ownership interest or affiliation between Construction Manager and any proposed subcontractor or supplier, if and (ii) any trade Work that is subject to a collective bargaining agreement, before award of any subcontract or purchase order. The Owner shall then determine, with the GMP has been approved by the Authority, the Authority may not prohibit advice of the Construction Manager, which bids will be accepted. Construction Manager from obtaining bids or proposals from other firms that meet the qualification requirements established in the Contract Documents to perform that portion of the shall obtain Owner’s written approval before performing any Self-Performed Work. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 The Work shall be bid or solicited as required by the Authority and awarded to Subcontractors in strict accordance with the Contract Documents and performed pursuant to the terms and conditions 9.1 Those portions of the approved form of Subcontract to be executed between Work that the Construction Manager and all Subcontractorsdoes not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. For Work not yet awardedThe Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids or solicit competitive proposals as determined by the Authority from Subcontractors and from Suppliers and shall deliver all such bids to the Authority for review and approval by the Authority. Any bid or proposal shall include a detailed accounting for any sales/use taxes that Construction Manager, Subcontractor, or Supplier expects to incur or include in Costs of the Work. Such accounting shall include type of tax (sales, use, excise, etc.), tax amount, tax rate, tax jurisdiction and shall be provided prior to commencing work on the Projectbids. The Construction Manager will recommend to the Authority which Subcontractors and Suppliers it proposes to use, which selection shall be subject to the approval of the Authority, such approval not to be unreasonably withheld. The Authority may designate specific persons or entities from which the Construction Manager shall obtain bids or proposals; however, if the GMP Guaranteed Maximum Price has been approved by the Authorityestablished, the Authority Owner may not prohibit the Construction Manager from obtaining bids or proposals from other firms that meet 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 qualification requirements established in the Contract Documents Work, who are qualified to perform that portion of the WorkWork 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

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 § 9.1 The Work Construction Manager shall be bid or solicited as required by the Authority and awarded to Subcontractors in strict accordance with the Contract Documents and performed pursuant to the terms and conditions obtain bids on all of the approved form of Subcontract to be executed between Work, including obtaining third party bids on any work the Construction Manager desires to self-perform. Bids shall be solicited from at least three bidders for each trade package. The Construction Manager shall prepare and all Subcontractorssubmit its own bids on any Work it intends to self-perform. For Those portions of the Work that the Construction Manager does not yet awardedcustomarily 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 or solicit competitive proposals as determined by the Authority from Subcontractors and from Suppliers and shall deliver all such bids to the Authority for review and approval by the Authority. Any bid or proposal shall include a detailed accounting for any sales/use taxes that Construction Manager, Subcontractor, or Supplier expects to incur or include in Costs of the Work. Such accounting shall include type of tax (sales, use, excise, etc.), tax amount, tax rate, tax jurisdiction and shall be provided prior to commencing work on the Projectbids. The Construction Manager will recommend to the Authority which Subcontractors and Suppliers it proposes to use, which selection shall be subject to the approval of the Authority, such approval not to be unreasonably withheld. The Authority may designate specific persons or entities from which the Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or proposals; howeverequipment fabricated especially for the Work, if the GMP has been approved by the Authority, the Authority may not prohibit the Construction Manager from obtaining bids or proposals from other firms that meet the qualification requirements established in the Contract Documents who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Owner shall be notified of and shall attend the bid opening; a copy of the bid tabulation shall be provided to the Owner at the bid. Copies of the actual bids with all backup documentation shall be transmitted to the Owner within 24-hours of the bid opening. The Construction Manager shall indicate which bids the Construction Manager intends to accept within a timeframe consistent with the complexity of the Work. 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 valid substantiated objection. Copies of executed contracts, subcontracts and supplier contracts shall be provided by the Construction Manager to the Owner within three (3) days of execution.