AWARD OF SUBCONTRACTS AND OTHER CONTRACTS Sample Clauses

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 5.2. SUBCONTRACTUAL RELATIONS

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 5.2.1 Prior to entering into a contract with any proposed Major Work Trade Package Subcontractor, the Construction Manager shall provide the Owner with the bid analysis and written rational for awarding to other than the lowest pecuniary bid, if applicable. If the Owner has an objection to any proposed Major Work Trade Package Subcontractor, the Owner shall notify the Construction Manager in writing and the Construction Manager shall not contract with the proposed Major Work Trade Package Subcontractor. The Construction Manager shall propose another Major Work Trade Package Subcontractor for the Owner’s review. Failure of the Owner to promptly object following receipt shall constitute acceptance. An appropriate Change Order shall reflect any increase or decrease in the GMP or dates of Substantial or Final Completion because of the substitution. 5.2.2 Prior to entering into a contract with any proposed Subcontractor, Subsubcontractor or Material Supplier, other than a Major Work Trade Package Subcontractor, the Construction Manager shall provide the Owner with the names of the proposed Subcontractor, Subsubcontractor, or Material Supplier. If the Owner has an objection to any proposed Subcontractor, Subsubcontractor, or Material Supplier, the Owner shall notify the Construction Manager in writing and the Construction Manager shall not contract with the proposed Subcontractor, Subsubcontractor, or Material Supplier. The Construction Manager shall propose another Subcontractor, Subsubcontractor, or Material Supplier for the Owner’s review. Failure of the Owner to promptly object following receipt shall constitute acceptance. An appropriate Change Order shall reflect any increase or decrease in the GMP or dates of Substantial or Final Completion because of the substitution.

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution.

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 5.1.1 Assignment or Substitution - Consent of District In accordance with Public Contract Code sections 4107 and 4107.5, no Contractor whose bid is accepted shall, without the written consent of the District: substitute any person or entity as a Subcontractor in place of the Subcontractor designated in the original bid; permit any such Subcontractor to be assigned or transferred, or allow work to be performed by any person or entity other than the original Subcontractor listed in the original bid; sublet or subcontract any portion of the Work in excess of one-half of one percent (.5%) of the Contractor’s total bid as to which its original bid did not designate a Subcontractor. Any assignment or substitution made without the prior written consent of the awarding authority shall be void, and the assignees shall acquire no rights in the Contract. Any consent, if given, shall not relieve Contractor or its Subcontractors from their obligations under the terms of the Contract Documents.

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 8.1.1. List of Subcontracts/Sub-subcontractors 8.1.2. Reasonable Objection 8.1.3. Substitution 8.2.1. Subcontract Requirements

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 5.1.1 Prior to executing any subcontracts for the performance of all or any portion of the Work, Contractor shall furnish in writing to the Project Manager the names of all subcontractors that Contractor proposes for each portion of the Work, including without limitation, identification of all portions of the Work for which Contractor proposes to self-perform, either directly or through a subcontractor that is owned or managed, in whole or in part, by any manager or owner of Contractor (hereafter “Self-Performed” work). The Project Manager may direct that additional subcontractors be proposed or additional portions of the Work be subcontracted if in the Project Manager’s reasonable judgment a proposed subcontractor is not sufficiently experienced or competent to perform such portions of the Work. 5.1.2 No work shall be Self-Performed without Owner’s prior written consent, which consent may be withheld in Owner’s sole and absolute discretion. Further, Contractor shall provide all information requested by the Project Manager in order to determine whether Contractor is qualified to self-perform any proposed portion of the work and whether self-performance represents the best value to Owner. 5.1.3 Within a reasonable time, not less than fourteen (14) days, after the Project Manager’s receipt of Contractor’s list of proposed subcontractors, Owner will identify any proposed subcontractors with whom the Owner or Architect have a reasonable objection. Nothing herein shall be deemed to permit Contractor to Self- Perform any portion of the Work without the expressed written consent of the Owner. 5.1.4 In no event will Contractor be entitled to a contract adjustment by virtue of the Owner’s or Architect’s reasonable objection to a proposed subcontractor, or the Owner’s decision, in its sole and absolute discretion, to withhold consent for Contractor to Self-Perform any portion of the Work. 5.1.5 Owner’s decision to exercise or not exercise any rights under this Article 5.1 shall not in any way change or limit Contractor’s full liability and responsibility to Owner for the acts and omissions of all subcontractors (of all tiers).

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK 5.2.1 As soon after the award of the Contractor as possible the Contractor shall provide the Owner with a written list of the proposed Subcontractors and significant material suppliers. If the Owner has a reasonable objection to any proposed Subcontractor or material supplier, the Owner shall notify the Contractor in writing. Failure to promptly object shall constitute acceptance. 5.2.2 If the Owner has reasonably and promptly objected as provided in Subparagraph 5.2.1, the Contractor shall not contract with proposed Subcontractor or material supplier, and the Contractor shall propose another acceptable to the Owner. An appropriate Change Document shall reflect any increase or decrease in the Contract Price or Contract Time required by the substitution.

AWARD OF SUBCONTRACTS AND OTHER CONTRACTS. FOR PORTIONS OF THE WORK §5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, within five (5) days after award of the Contract, shall furnish in writing to the Owner and Consultant the names of persons or entities (including those who are to furnish FF&E fabricated to a special design) proposed for each principal portion of the Work. The Consultant will promptly reply to the Contractor in writing stating whether or not the Owner or the Consultant, after due investigation, has reasonable objection to any such proposed person or entity. §5.2.2 The Contractor shall not contract with a proposed person or entity unless such person or entity has been approved by Owner. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §5.2.3 If the Owner or Consultant has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another person or entity to whom the Owner or Consultant has no reasonable objection. The Contract Sum shall be increased or decreased by the difference in cost occasioned by such change and an appropriate Change Order shall be issued. However, no increase in the Contract Sum shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. §5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Consultant makes reasonable objection to such change. §5.3 SUBCONTRACTUAL RELATIONS