Common use of Contractor’s Proposal Clause in Contracts

Contractor’s Proposal. 4.4.1 Upon the Owner’s issuance of a written consent to proceed under Section 4.3.2, the Contractor shall prepare and submit the Contractor’s Proposal to the Owner. The Contractor’s Proposal shall include the following: i. A list of the Preliminary Design documents and other information, including the Contractor’s clarifications, assumptions and deviations from the Owner’s Criteria, upon which the Contractor’s Proposal is based; ii. The proposed Contract Sum, including a written statement of estimated cost organized by trade categories, allowances, contingencies, Contractor’s Fee, and other items that comprise the Contract Sum in such detail and with such substantiation as Owner may reasonably require; iii. Any proposed changes to the date the Contractor shall achieve Substantial Completion date shall be incorporated into the Pricing Amendment; iv. An enumeration of any qualifications and exclusions, if applicable; v. A list of the Contractor’s Key Personnel, Contractors and suppliers; and vi. The date on which the Contractor’s Proposal expires, which date shall be no earlier than 90 days after submission of the Contractor’s Proposal to Owner. 4.4.1.1 Upon the Owner’s receipt of Contractor’s Proposal, the Owner and Contractor agree to negotiate in good faith regarding the terms and conditions of the Pricing Amendment, including but not limited to the amount of the Contract Sum. If the Owner and Contractor are unable to agree on the terms and conditions of the Pricing Amendment, the Owner shall have the right to terminate this Agreement pursuant to Section 13.1.5. The amount of time allotted for negotiations and the timing of any termination shall be determined in the Owner’s sole discretion. 4.4.2 Submission of the Contractor’s Proposal shall constitute a representation by the Contractor that it has visited the site and become familiar with local conditions under which the Work is to be completed. 4.4.3 If the Owner and Contractor agree on the terms and conditions of the Pricing Amendment, the Owner and Contractor shall execute the Pricing Amendment in the form set forth on Exhibit B with the blanks and other information completed in the normal course. Notwithstanding anything to the contrary contained in the Contract Documents, Owner shall not be required to enter into any Pricing Amendment and, unless and until the Parties enter into a Pricing Amendment, Contractor’s rights, including to payment, under the Contract Documents, shall be limited to only Contractor’s completed Work, including completed Early Work set forth in an Early Work Amendment