Common use of Selection of Subcontractors Clause in Contracts

Selection of Subcontractors. 1. All portions of the Work that Contractor's organization has not been accustomed to perform shall be performed under subcontracts. Prior to solicitation of bids from subcontractors and materials suppliers, Contractor shall submit to the Owner and Architect a proposed list of bidders. The Owner reserves the right to approve or disapprove any such bidders and to add to such list. Such approval, disapproval or addition shall be in writing and shall not be unreasonably withheld or delayed. Contractor shall request a minimum of three (3) bids from subcontractors and, subject to the approval of Owner, will determine which bid(s) will be accepted. For all Contractor- provided self-performed Work, Contractor shall put said Work out for bid by at least two (2) other subcontractors. Owner shall then select the subcontractor (whether Contractor or one of the other two subcontractors that bid), and its bid for the applicable portion of the Work. Contractor will provide Owner for Contractor's bid the same breakdown of scope and bid as required by subcontractors. It is understood and agreed by Contractor that, as to any affected systems, and any other areas identified by Owner to Contractor, only those subcontractors previously identified to Contractor by Owner and mutually agreed as approved and qualified to bid may be considered or awarded subcontracts for such work. In the event of a conflict between Owner and Architect regarding the selection of subcontractors, the Owner's decision in selection of Subcontractors shall govern. 2. The Contractor shall forward to the Owner for review and approval a summary of all subcontractor and supplier bids as received, which summary shall delineate the base bid amount, all alternates, credits, discounts, allowances, contingencies, etc. This information will be in a form to allow for comparison to line items contained within the line item summary constituting the IGMC and the Contractor's estimate of the Costs of Work included in the Guaranteed Maximum Cost. Wherein any actual subcontract or purchase order amount is less or greater than the corresponding amount contained within the Contractor's estimate of the Cost of Work included in the Guaranteed Maximum Cost, such difference shall be added to or deducted from the Construction Contingency. 3. Except as regards the subcontractors for the specific portions of the Work identified and referred to above, if the Owner directs the acceptance of a subcontract bid in excess of the bid for the same work utilized by the Contractor in calculating the Estimated Contractor's Cost and the Guaranteed Maximum Cost, such excess shall be treated as an additive change in the Work in accordance with Section IV. 4. All Subcontractors shall conform to the requirements of this Agreement, including Section 5.3 of the General Conditions attached hereto and the Contractor's standard subcontract form. The Contractor is fully responsible for subcontract requirements that do not conform to the requirements set forth in this Agreement. Subcontracts shall not be awarded on the basis of cost plus fee without prior consent of Owner. Subject to such consent, subcontracts awarded on the basis of Cost Plus Fee with Guaranteed Maximum Cost shall also be subject to the provisions of this Agreement insofar as applicable.

Selection of Subcontractors. 1Selection of Subcontractors for the Project shall be conducted as follows: § 3.1.11.1 The Construction Manager shall prequalify Subcontractors for all Work. All portions The prequalification criteria shall be determined by the Owner and the Construction Manager to address quality, performance, the time specified for performance of the Work that Contractor's organization has not been accustomed Project, the cost of construction oversight, time for completion, capacity to perform perform, and other factors deemed appropriate by the Owner. The Construction Manager shall be performed under subcontracts. Prior to solicitation of bids from subcontractors investigate and materials suppliers, Contractor develop Subcontractor interest in the Project and shall submit furnish to the Owner and Architect for their information a proposed list of bidders. The Owner reserves the right to approve or disapprove any such bidders and to add to such list. Such approval, disapproval or addition shall be in writing and shall not be unreasonably withheld or delayed. Contractor shall request a minimum of three (3) possible Subcontractors from whom bids from subcontractors and, subject to the approval of Owner, will determine which bid(s) will be accepted. For all Contractor- provided self-performed Work, Contractor shall put said Work out requested for bid by at least two (2) other subcontractors. Owner shall then select the subcontractor (whether Contractor or one of the other two subcontractors that bid), and its bid for the applicable each principal portion of the Work. Contractor The Architect will provide promptly reply in writing to the Construction Manager if the Architect or Owner for Contractor's bid knows of any objection to such Subcontractor. The receipt of such list shall not require the same breakdown Owner or Architect to investigate the qualifications of scope and bid as required by subcontractorsproposed Subcontractors nor shall it waive the right of the Owner or Architect later to object to or reject any proposed Subcontractor. It is understood and agreed by Contractor that, as After the Construction Manager has submitted a list of possible Subcontractors to any affected systems, and any other areas identified by Owner to Contractor, only those subcontractors previously identified to Contractor by Owner and mutually agreed as approved and qualified to bid may be considered or awarded subcontracts for such work. In the event of a conflict between Owner and Architect regarding and has received any objection to any Subcontractor, the Construction Manager shall solicit and obtain bids from each non-objectionable Subcontractor to perform each portion of the Work. In addition, the Owner may designate specific persons or entities that the Construction Manager must prequalify prior to bidding. § 3.1.11.2 The Construction Manager shall publicly advertise for Subcontractor bids as follows. Bids shall be invited by advertisement in a newspaper having general circulation in the City of Durham or by electronic means, or both. A decision to advertise solely by electronic means, whether for particular parts of the Work or generally for all Work on the Project, shall be approved in advance by the Owner. The advertisements for bidders shall comply with North Carolina General Statutes and Durham City Code. The advertisement shall: (i) state the time and place where plans and specifications of proposed work or a complete description of the apparatus, supplies, materials, or equipment may be had; (ii) state the time and place for opening of the sealed bids; and (iii) reserve to the Owner and Construction Manager the right to reject any or all bids. § 3.1.11.3 All bids shall be opened publicly, and once they are opened, shall be public records under Chapter 132 of the North Carolina General Statutes. The Construction Manager shall act as the fiduciary of the Owner in handling and opening bids. § 3.1.11.4 The Construction Manager shall award subcontracts for the Work to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for performance of the Work, the cost of construction oversight, time for completion, compliance with City of Durham Equal Business Opportunity Program (see Section 13.6 of the General Conditions), and other factors deemed appropriate by the Owner and advertised as part of the bid solicitation. However, the Owner may require the selection of subcontractorsa different Subcontractor for any portion of the Work, provided such Subcontractor is acceptable to the Owner's decision Construction Manager in selection of Subcontractors its reasonable discretion. However, in no event shall governany subcontract awarded by the Construction Manager be binding on the Construction Manager or the Owner until and unless the Owner accepts the Construction Manager’s Guaranteed Maximum Price proposal for the Project and issues a Notice to Proceed. 2. § 3.1.11.5 The Contractor shall forward to the Owner for review and approval Construction Manager may perform a summary of all subcontractor and supplier bids as received, which summary shall delineate the base bid amount, all alternates, credits, discounts, allowances, contingencies, etc. This information will be in a form to allow for comparison to line items contained within the line item summary constituting the IGMC and the Contractor's estimate of the Costs of Work included in the Guaranteed Maximum Cost. Wherein any actual subcontract or purchase order amount is less or greater than the corresponding amount contained within the Contractor's estimate of the Cost of Work included in the Guaranteed Maximum Cost, such difference shall be added to or deducted from the Construction Contingency. 3. Except as regards the subcontractors for the specific portions portion of the Work identified and referred to aboveonly if (i) bidding produces no responsible, if the Owner directs the acceptance of a subcontract bid in excess responsive bidder for that portion of the bid Work, the lowest responsible, responsive bidder will not execute a contract for the same work utilized by the Contractor in calculating the Estimated Contractor's Cost and the Guaranteed Maximum Cost, such excess shall be treated as an additive change in the Work in accordance with Section IV. 4. All Subcontractors shall conform to the requirements of this Agreement, including Section 5.3 bid portion of the General Conditions attached hereto Work, or the Subcontractor defaults and the Contractor's standard subcontract form. The Contractor is fully responsible for subcontract requirements that do not conform to the requirements set forth in this Agreement. Subcontracts shall a prequalified replacement cannot be awarded on obtained in a timely manner, and (ii) the basis Owner, approves of cost plus fee without prior consent the Construction Manager’s performance of Owner. Subject to such consent, subcontracts awarded on that portion of the basis of Cost Plus Fee with Guaranteed Maximum Cost shall also be subject to the provisions of this Agreement insofar as applicableWork.

Selection of Subcontractors. 1Selection of Subcontractors for the Project shall be conducted as follows: § 2.1.11.1 The Construction Manager shall prequalify Subcontractors for all Work. All portions The prequalification criteria shall be determined by the Owner and the Construction Manager to address quality, performance, the time specified for performance of the Work that Contractor's organization has not been accustomed Project, the cost of construction oversight, time for completion, capacity to perform perform, and other factors deemed appropriate by the Owner. The Construction Manager shall be performed under subcontracts. Prior to solicitation of bids from subcontractors investigate and materials suppliers, Contractor develop Subcontractor interest in the Project and shall submit furnish to the Owner and Architect for their information a proposed list of bidders. The Owner reserves the right to approve or disapprove any such bidders and to add to such list. Such approval, disapproval or addition shall be in writing and shall not be unreasonably withheld or delayed. Contractor shall request a minimum of three (3) possible Subcontractors from whom bids from subcontractors and, subject to the approval of Owner, will determine which bid(s) will be accepted. For all Contractor- provided self-performed Work, Contractor shall put said Work out requested for bid by at least two (2) other subcontractors. Owner shall then select the subcontractor (whether Contractor or one of the other two subcontractors that bid), and its bid for the applicable each principal portion of the Work. Contractor The Architect will provide promptly reply in writing to the Construction Manager if the Architect or Owner for Contractor's bid knows of any objection to such Subcontractor. The receipt of such list shall not require the same breakdown Owner or Architect to investigate the qualifications of scope and bid as required by subcontractorsproposed Subcontractors nor shall it waive the right of the Owner or Architect later to object to or reject any proposed Subcontractor. It is understood and agreed by Contractor that, as After the Construction Manager has submitted a list of possible Subcontractors to any affected systems, and any other areas identified by Owner to Contractor, only those subcontractors previously identified to Contractor by Owner and mutually agreed as approved and qualified to bid may be considered or awarded subcontracts for such work. In the event of a conflict between Owner and Architect regarding and has received any objection to any Subcontractor, the Construction Manager shall solicit and obtain bids from each non-objectionable Subcontractor to perform each portion of the Work. In addition, the Owner may designate specific persons or entities that the Construction Manager must prequalify prior to bidding. § 2.1.11.2 The Construction Manager shall publicly advertise for Subcontractor bids as follows. Bids shall be invited by advertisement in a newspaper having general circulation in the City of Durham or by electronic means, or both. A decision to advertise solely by electronic means, whether for particular parts of the Work or generally for all Work on the Project, shall be approved in advance by the Owner. The advertisements for bidders shall comply with North Carolina General Statutes and Durham City Code. The advertisement shall: (i) state the time and place where plans and specifications of proposed work or a complete description of the apparatus, supplies, materials, or equipment may be had; (ii) state the time and place for opening of the sealed bids; and (iii) reserve to the Owner and Construction Manager the right to reject any or all bids. § 2.1.11.3 All bids shall be opened publicly, and once they are opened, shall be public recor the North Carolina General Statutes. The Construction Manager shall act as the fiduciary of and opening bids. § 2.1.11.4 The Construction Manager shall award subcontracts for the Work to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for performance of the Work, the cost of construction oversight, time for completion, compliance with North Carolina General Statute § 143-128.2 (see Section 2.1.12 below), and other factors deemed appropriate by the Owner and advertised as part of the bid solicitation. However, the Owner may require the selection of subcontractorsa different Subcontractor for any portion of the Work, the Owner's decision in selection of Subcontractors shall govern. 2. The Contractor shall forward provided such Subcontractor is acceptable to the Owner for review and approval a summary of all subcontractor and supplier bids as receivedConstruction Manager in its reasonable discretion. However, which summary in no event shall delineate the base bid amount, all alternates, credits, discounts, allowances, contingencies, etc. This information will be in a form to allow for comparison to line items contained within the line item summary constituting the IGMC and the Contractor's estimate of the Costs of Work included in the Guaranteed Maximum Cost. Wherein any actual subcontract or purchase order amount is less or greater than the corresponding amount contained within the Contractor's estimate of the Cost of Work included in the Guaranteed Maximum Cost, such difference shall be added to or deducted from awarded by the Construction Contingency.Manager be binding on the Constr 3. Except as regards the subcontractors for the specific portions § 2.1.11.5 The Construction Manager may perform a portion of the Work identified and referred to above, only if the Owner directs the acceptance of a subcontract bid in excess of the bid for the same work utilized by the Contractor in calculating the Estimated Contractor's Cost and the Guaranteed Maximum Cost, such excess shall be treated as an additive change in the Work in accordance with Section IV. 4. All Subcontractors shall conform to the requirements of this Agreement, including Section 5.3 of the General Conditions attached hereto and the Contractor's standard subcontract form. The Contractor is fully responsible for subcontract requirements that do not conform to the requirements set forth in this Agreement. Subcontracts shall not be awarded on the basis of cost plus fee without prior consent of Owner. Subject to such consent, subcontracts awarded on the basis of Cost Plus Fee with Guaranteed Maximum Cost shall also be subject to the provisions of this Agreement insofar as applicable.(i) bidding

Selection of Subcontractors. 1Selection of Subcontractors for the Project shall be conducted as follows: § 2.1.11.1 The Construction Manager shall prequalify Subcontractors for all Work. All portions The pre be determined by the Owner and the Construction Manager to address quality, performance performance of the Project, the cost of construction oversight, time for completion, capacity § 2.1.11.2 The Construction Manager shall publicly advertise for Subcontractor bids as follows. Bids shall be invited by advertisement in a newspaper having general circulation in the City of Durham or by electronic means, or both. A decision to advertise solely by electronic means, whether for particular parts of the Work that Contractor's organization has not been accustomed to perform or generally for all Work on the Project, shall be performed under subcontractsapproved in advance by the Owner. Prior to solicitation The advertisements for bidders shall comply with North Carolina General Statutes and Durham City Code. The advertisement shall: (i) state the time and place where plans and specifications of bids from subcontractors proposed work or a complete description of the apparatus, supplies, materials, or equipment may be had; (ii) state the time and materials suppliers, Contractor shall submit place for opening of the sealed bids; and (iii) reserve to the Owner and Architect a proposed list of bidders. The Owner reserves Construction Manager the right to approve reject any or disapprove any such bidders and to add to such list. Such approval, disapproval or addition all bids. § 2.1.11.3 All bids shall be opened publicly, and once they are opened, shall be public records under Chapter 132 of the North Carolina General Statutes. The Construction Manager shall act as the fiduciary of the Owner in writing handling and opening bids. § 2.1.11.4 The Construction Manager shall not be unreasonably withheld or delayed. Contractor shall request a minimum of three (3) bids from subcontractors and, subject award subcontracts for the Work to the approval lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for performance of Owner, will determine which bid(s) will be accepted. For all Contractor- provided self-performed the Work, Contractor shall put said Work out the cost of construction oversight, time for bid by at least two completion, compliance with North Carolina General Statute § 143-128.2 (2) other subcontractors. Owner shall then select the subcontractor (whether Contractor or one of the other two subcontractors that bidsee Section 2.1.12 below), and its other factors deemed appropriate by the Owner and advertised as part of the bid solicitation. However, the Owner may require the selection of a different Subcontractor for the applicable any portion of the Work, provided such Subcontractor is acceptable to the Construction Manager in its reasonable discretion. Contractor will provide However, in no event shall any subcontract awarded by the Construction Manager be binding on the Construction Manager or the Owner until and unless the Owner accepts the Construction Manager’s Guaranteed Maximum Price proposal for Contractor's bid the same breakdown of scope Project and bid as required by subcontractors. It is understood and agreed by Contractor that, as issues a Notice to any affected systems, and any other areas identified by Owner to Contractor, only those subcontractors previously identified to Contractor by Owner and mutually agreed as approved and qualified to bid may be considered or awarded subcontracts for such work. In the event of a conflict between Owner and Architect regarding the selection of subcontractors, the Owner's decision in selection of Subcontractors shall governProceed. 2. § 2.1.11.5 The Contractor shall forward to the Owner for review and approval Construction Manager may perform a summary of all subcontractor and supplier bids as received, which summary shall delineate the base bid amount, all alternates, credits, discounts, allowances, contingencies, etc. This information will be in a form to allow for comparison to line items contained within the line item summary constituting the IGMC and the Contractor's estimate of the Costs of Work included in the Guaranteed Maximum Cost. Wherein any actual subcontract or purchase order amount is less or greater than the corresponding amount contained within the Contractor's estimate of the Cost of Work included in the Guaranteed Maximum Cost, such difference shall be added to or deducted from the Construction Contingency. 3. Except as regards the subcontractors for the specific portions portion of the Work identified and referred to aboveonly if (i) bidding produces no responsible, if the Owner directs the acceptance of a subcontract bid in excess responsive bidder for that portion of the bid Work, the lowest responsible, responsive bidder will not execute a contract for the same work utilized by the Contractor in calculating the Estimated Contractor's Cost and the Guaranteed Maximum Cost, such excess shall be treated as an additive change in the Work in accordance with Section IV. 4. All Subcontractors shall conform to the requirements of this Agreement, including Section 5.3 bid portion of the General Conditions attached hereto Work, or the Subcontractor defaults and the Contractor's standard subcontract form. The Contractor is fully responsible for subcontract requirements that do not conform to the requirements set forth in this Agreement. Subcontracts shall a prequalified replacement cannot be awarded on the basis of cost plus fee without prior consent of Owner. Subject to such consent, subcontracts awarded on the basis of Cost Plus Fee with Guaranteed Maximum Cost shall also be subject to the provisions of this Agreement insofar as applicable.obtained in a