Trade Contracts. Construction Manager will select Trade Contracts in compliance with Section 2267.256 of the Texas Government Code. If the Owner refuses to accept a Trade Contractor recommended by the Construction Manager in accordance with the procedures proscribed by Section 2267.256 of the Texas Government Code , the Construction Manager will recommend an acceptable substitute and the Owner will compensate the Construction Manager by a change in price, time, or Guaranteed Maximum Cost for any additional cost and risk that the Construction Manager may incur because of the governmental entity's requirement that another bid be accepted. Trade Contracts will be between the Construction Manager and the Trade Contractors. Payments made by the Construction Manager to Trade Contractors for Work performed pursuant to Trade Contracts under this Agreement will be forwarded to the Trade Contractors in accordance with the applicable Trade Contract and Section 2.2.5 of this Agreement. Trade Contracts will be with the Construction Manager, and will contain the necessary provisions, in the Construction Managers opinion, to allow the Construction Manager to control the performance of the Work.
Trade Contracts. 8.01 Contractor shall provide to Owner, for Owner’s review and approval, a list of prospective bidders for each trade, wherein the Owner may add to or delete from such list subject to Contractor’s reasonable approval. Contractor shall conduct, together with Owner and/or Architect, pre-bid conferences to inform prospective bidders of bid requirements and to answer questions concerning such requirements. Contractor shall obtain bids for each trade contract from an appropriate number of pre-qualified bidders so as to obtain the most reasonable price for acceptable work. If the low bid for any bid package exceeds the Contractor’s budget line item price, one of the following procedures, subject to Owner’s prior approval, shall be followed:
i. Contractor may reject all bids and issue a revised invitation to bid, prepared by the Contractor.
ii. Contractor may negotiate with the low bidder to reduce the price of the bid package to a cost not exceeding the budget line item price.
iii. Contractor may recommend award of a contract to the low bidder for a price exceeding the budget line item. Contractor shall submit for approval by Owner, an evaluation of bids and a recommendation of a bid package. After Owner’s approval is granted, Contractor shall award the separate contract as required to provide all labor and materials for construction of the Project. Each trade contract awarded by Contractor shall be a separate agreement awarded on the basis of competitive bids or negotiation if bidding is impracticable. The relationship of Contractor to each trade contractor shall be the same as that of a general contractor to a subcontractor.
8.02 Each Trade Contract shall require that all Work performed or materials, supplies or equipment furnished pursuant thereto shall comply with the Contract Documents, the building permit and the trade standards, laws, rules, regulations and requirements of all governmental authorities having jurisdiction over the Work. It is expressly understood and agreed that no portion of the Work shall be performed, and no materials or equipment required on account of the Work shall be furnished, by any Trade Contractor unless and until a Trade Contract for the same is entered into between Contractor and the Trade Contractor in question in accordance with the provisions of Section 8.01 hereof and a copy thereof is delivered to Owner, unless Owner expressly waives, in each instance, the requirement that the same be delivered as aforesaid.
8.03 It is ex...
Trade Contracts. Construction Manager will select Trade Contracts in compliance with Section 2269.256 of the Texas Government Code.
Trade Contracts. 59 (c) Architect's and Engineer's Agreements and Subcontracts............................... 59 (d) [Intentionally Omitted].............................................................. 60 (e) GDB Loan............................................................................. 60 (f)
Trade Contracts. (1) Trade Contracts shall have been entered into for all contracts which are, in the Bank's sole and absolute judgment, major contracts and in any event for Trade Contracts representing not less than 75% of the Hard Costs of the Project as set forth in the Budget, (2) if the Company determines to engage in local construction manager, the agreement with such construction manager shall have been entered into and approved by the Bank, (3) all payment and performance bonds required in connection with any then existing Trade Contract shall have been delivered to the Bank, and (4) copies of all existing Trade Contracts, and copies of all amendments thereto, together with Trade Contractor Consents and Agreements with respect to each such Trade Contract and Assignments of Contracts with respect to each such Trade Contract shall have been delivered to the Bank and are satisfactory to the Bank in its sole and absolute discretion;
Trade Contracts. 4.1 All construction Work, other than professional and personal services that XXxX customarily performs with its own field staff, shall be performed under Subcontracts. Exhibit 4 to this Contract, as an accounting tool only, provides the method by which the Construction Team (Owner, XXxX and Architect) may continuously determine whether the Work is within the GMP throughout the Construction Phase. The general assumptions made in developing the GMP in Exhibit 4 are contained in Exhibit 3. The bid package line item amounts contained in Exhibit 4 will be adjusted according to the amounts of the applicable Subcontract awards utilizing the "Construction Manager-at-Risk Contingency" line item as the balance line item. In any event, the GMP total shall not be altered, except by Change Order or Supplemental Agreement to this Contract.
4.2 XXxX shall award each trade construction subcontract to the lowest responsible bidder whose bid is responsive to the request for bids, provided the lowest bid is within the amount established for the specific GMP bid package line item as specified in Exhibit 4. XXxX shall document the award of each trade construction subcontract by submitting a letter to Owner in accordance with the award notification letter attached to and made a part of this Supplemental Agreement No. 1 as Exhibit 5. In such event, the difference between the actual low bid and the amount specified in the GMP bid package line item shall be accounted for by adding the difference to the "Construction Manager-at-Risk Contingency" line item. However, if all trade construction subcontract bids received exceed the amount specified in Exhibit 4 for the bid package line item, one or more of the following initial procedures will be undertaken at Owner's direction following submission of the recommendation of XXxX:
(a) deletion of non-essential bid alternates to try to bring the bid within the amount specified on Exhibit 4 hereto, but without reducing the scope of the Work unless Owner approves;
(b) reject all bids and rebid;
(c) redesign to lower the cost to the budgeted amount, but only with Owner's consent, and rebid; or
(d) proceed with the award using, with XXxX'x consent, funds contained in the "Construction Manager-at-Risk Contingency" (uncommitted budgeted funds or funds saved from prior bid package line-item awards which were below the established bid package line item amounts) to pay the excess here.
4.3 If XXxX has submitted its own bid for the bid package line...
Trade Contracts any agreement between MWC and a third party relating to the Project, including the DB Contract (of which relevant documentation is attached, for reference purposed, hereto), and of which:
(a) a copy, or relevant extract, is attached to Appendix 4; or
(b) MWC notifies the CMC in writing after the date of this Contract to be attached to Appendix 4.
Trade Contracts. 8.01 Unless otherwise agreed upon in writing by Owner, all items of the Work to be performed and all materials, supplies and equipment to be furnished in connection therewith shall be performed by Trade Contractors, approved by Owner, pursuant to Trade Contracts awarded by Construction Manager, which Trade Contracts shall be written on Construction Manager’s trade contract form (the “Trade Contract Form”). Prior to awarding any Trade Contract, Construction Manager shall consult with Owner with respect to Trade Contractors qualified to bid the various portions of the Work, as well as the methods of, and form of, Trade Contract awards. Thereafter, Construction Manager shall (a) prepare, in consultation with Owner and subject to its approval (and, if requested by Owner, in consultation with Architect), the invitation for bid and a bidder’s list, setting forth at least three (3) Trade Contractors for each trade (the “Bid List”), (b) request bids from the various Trade Contractors on the Bid List, (c) conduct, in cooperation with Owner, formal pre-bid meetings with bidders of each trade involved in the performance of the Work for the purpose of explaining the scope of the Work, and (d) open all Trade Contract bids obtained, and review the same, in the presence of Owner. Also, prior to awarding any Trade Contract, Construction Manager shall consult with Owner with respect to Construction Manager’s evaluation of Trade Contract bids and the awarding of Trade Contracts and, subject to the approval of Owner, shall negotiate the most favorable price and terms to be included in such Trade Contracts. Thereafter, Construction Manager shall, by letter in a form approved by Owner (the “Trade Contract Award Letter”), advise Owner of (i) which Trade Contract bids it intends to accept, (ii) the price of the proposed Trade Contract awards and (iii) any proposed material differences between the provisions of the Trade Contract Form and the terms of the Trade Contract that Construction Manager proposes to enter into with said Trade Contractor. For purposes hereof, the term “material difference” shall be deemed to mean changes to the Trade Contract Form that (i) permit the Trade Contractor thereunder to observe a lesser standard of care in the performance of its obligations to Construction Manager under the Trade Contract than Construction Manager is obligated to observe under the terms of this Agreement, (ii) any other difference which is similar in nature to the aforesaid or i...
Trade Contracts. 4.1 All construction work on the Project shall be performed by construction contractors under trade contracts that are in compliance with applicable law. The Abatement Professional will perform no construction work.
4.2 Trade contracts will be between the Owner and other construction contractors.
Trade Contracts. The XXXX shall solicit bids, quotes and proposals from Trade Contractors in accordance with Article 4.
