Subcontractor Selection. 2.2.4.6.1 If the Owner determines that Integrated Project Delivery (IPD) or Building Information Modeling (BIM) objectives will benefit the Project and it is or will be to the advantage of Owner or the Project to select certain subcontracting trades to participate in the design process during the Pre-Construction Phase, as well as provide Construction Services during the Construction Phase, then the following procedures will apply: a) CM@Risk prequalifies Subcontractors from the trades needed in the Pre- Construction Phase. b) Upon acceptance of the Owner, a Request for Qualifications (RFQ) is requested from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors. c) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system. d) The committee will develop a list of firms that will be interviewed. e) The Subcontractors will be interviewed and ranked, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3. 2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk shall review all potential Subcontractors with the Owner and Design Professional and obtain Owner’s approval of the pre-qualification of any Subcontractor in accordance with the Owner approved Subcontractor Selection Plan. If the CM@Risk becomes aware prior to any bid date that less than three (3) pre-qualified Subcontractors plan to bid any portion of any Bid Package or that anticipated bids from previously approved or pre-qualified Subcontractors are likely to exceed the current Schedule of Values or estimate of Construction Cost, the CM@Risk shall promptly notify the Owner. 2.2.4.6.3 The CM@Risk’s selection of any Subcontractor must comply with ABOR Policy 3-804B(3)(h)((1)) and ((2)) and must be based on qualifications alone, or on a combination of qualifications and price selection, but shall not be based on price alone. The CM@Risk shall receive and open bids when advertised, prepare a bid analysis, conduct pre- award conferences, and notify the Owner and Design Professional concerning which bids from pre-qualified Subcontractors will be accepted and awarded. The Owner and Design Professional shall be notified of the time and place of all bid openings and shall be permitted to attend such openings with their representatives and guests. A proposal to accept other than a low lump sum bid shall be justified in writing by the CM@Risk with sufficient detail to satisfy Owner, and be subject to prior written approval by the Owner, with no increase in the GMP. When the CM@Risk proposes to accept a subcontract bid other than the low bid, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will not be a responsibility of Owner and there will be no increase in GMP or contract price by reason of such change of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished to Owner together will all special or supplementary conditions applicable to the subcontract work. [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOW.] A. Delete Paragraph 1.2
Appears in 1 contract
Subcontractor Selection. 2.2.4.6.1 If the After Design-Builder and Owner determines that Integrated Project Delivery (IPD) or Building Information Modeling (BIM) objectives will benefit the Project and it is or will be have agreed to the advantage of Owner or the Project to select certain subcontracting trades to participate in the design process during the Pre-Construction Phase, as well as provide Construction Services during the Construction Phase, then the following procedures will apply:
a) CM@Risk prequalifies Subcontractors potential bidders from the trades needed in Potential Subcontractor List (the Pre- Construction Phase.
b) Upon acceptance of the Owner“Qualified Bidders”), a Request for Qualifications (RFQ) is requested Design-Builder shall solicit from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors.
c) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system.
d) The committee will develop a list of firms that will be interviewed.
e) The Subcontractors will be interviewed and ranked, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3.
2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk shall review all potential Subcontractors with the Owner and Design Professional and obtain Owner’s approval of the pre-qualification of any Subcontractor in accordance with the Owner approved Subcontractor Selection Plan. If the CM@Risk becomes aware prior to any bid date that less than Qualified Bidders at least three (3) precompetitive bids or proposals for each Subcontract. If Design- Builder is unable to solicit three (3) or more competitive bids or proposals for a division of Work, Owner’s prior written approval shall be required to accept any bid or proposal for that Work. [If Owner approves a Prequalification Plan, Design-qualified Subcontractors plan Builder may award Subcontracts to bid any portion of any Bid Package or that anticipated firms meeting the Prequalification Plan’s standards, with Owner’s prior written approval.]
2.5.1 Unless Owner otherwise approves in writing, all Subcontract bids from previously approved or preand proposals shall be in writing, submitted to a specific location at a specific time. Design-qualified Subcontractors are likely to exceed the current Schedule of Values or estimate of Construction Cost, the CM@Risk Builder shall promptly notify the Ownertime-stamp all bids and proposals when received.
2.2.4.6.3 The CM@Risk’s selection of any Subcontractor must comply with ABOR Policy 32.5.2 Design-804B(3)(h)((1)) Builder shall coordinate and ((2)) and must be based on qualifications alone, conduct the bid or on a combination of qualifications and price selectionproposal opening process. Owner Parties shall have the right, but not the obligation, to be present for all bid and proposal openings, scope review meetings, and negotiations, and shall not be based on price alone. The CM@Risk shall receive have access to all submission materials in Design- Builder’s possession.
2.5.3 Prior to award, Design-Builder shall: (i) prepare and open bids when advertised, prepare deliver to Owner Parties a bid analysistabulation in a mutually agreeable form clearly comparing such bids and proposals, conduct pre- award conferencestogether with any specific back-up documentation Owner requests; (ii) review the apparent low bids and proposals and work with the firms offering the same to clarify, reduce exclusions, verify scope and quantities, and notify seek to minimize potential Change Orders and Claims.
2.5.4 Design-Builder shall determine the Owner lowest bid for each solicitation that meets the requirements of this Section 2.5 and Design Professional concerning which bids from preDesign-qualified Subcontractors will be accepted Builder's reasonable performance standards; provided, however, if Design-Builder is unable to enter into a suitable Subcontract with a low bidder, Design- Builder may, with Owner's prior written approval, Subcontract with the second-lowest bidder pursuant to Section 2.5.5 below.
2.5.5 Under special circumstances and awarded. The Owner and Design Professional shall be notified of the time and place of all bid openings and shall only with Owner’s prior written authorization, Design-Builder may be permitted to attend such openings with their representatives and guests. A proposal to accept Subcontract on a basis other than a low lump sum bid shall be justified in writing price, including by the CM@Risk with sufficient detail to satisfy Ownercompetitive negotiation. Examples of such special circumstances include when there are single fabricators of specified Materials, special packaging requirements for Work, design-build Work, and where an alternative contracting method can be subject demonstrated to prior written approval by the Owner, with no increase in the GMP. When the CM@Risk proposes to accept a subcontract bid other than the low bid, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will not be a responsibility of clearly benefit Owner and there will be no increase the Project. As a condition to such authorization, Owner may require that Design-Builder agree to establish and implement qualification and performance criteria for Subcontractors in GMP or contract price by reason these circumstances, including a scoring system within requests for proposals.
2.5.6 Owner Parties shall have the right, but not the obligation, to monitor Design- Builder’s competitive Subcontract award process. Design-Builder shall cooperate in all respects with Owner Parties’ monitoring. Owner Parties’ monitoring shall not excuse Design-Builder from complying with the Contract Documents’ requirements.
2.5.7 Notwithstanding anything to the contrary contained in this Article 2, Owner may, at its sole discretion, require Design-Builder re-solicit Subcontract bids and proposals.
2.5.8 [Design-Builder shall, and require Subcontractors to, comply with all prevailing wage requirements including State of such change Oregon Bureau of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished to Owner together will all special or supplementary conditions Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to the subcontract workWork. In the event both state and federal rates apply to the same Work, the higher rate requirements shall control.] [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS Confirm if required – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOW.project specific]
A. Delete Paragraph 1.22.5.9 Design-Builder shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that arises due to Design-Builder’s failure to incorporate the relevant terms of this Article 2 and other necessary provisions of the Contract Documents in each Subcontract.
2.5.10 Design-Builder shall not alter any material term or condition of a Subcontract without Owner's prior written consent.
Appears in 1 contract
Sources: Design Build Agreement
Subcontractor Selection. 2.2.4.6.1 If the After Design-Builder and Owner determines that Integrated Project Delivery (IPD) or Building Information Modeling (BIM) objectives will benefit the Project and it is or will be have agreed to the advantage of Owner or the Project to select certain subcontracting trades to participate in the design process during the Pre-Construction Phase, as well as provide Construction Services during the Construction Phase, then the following procedures will apply:
a) CM@Risk prequalifies Subcontractors potential bidders from the trades needed in Potential Subcontractor List (the Pre- Construction Phase.
b) Upon acceptance of the Owner“Qualified Bidders”), a Request for Qualifications (RFQ) is requested Design-Builder shall solicit from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors.
c) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system.
d) The committee will develop a list of firms that will be interviewed.
e) The Subcontractors will be interviewed and ranked, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3.
2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk shall review all potential Subcontractors with the Owner and Design Professional and obtain Owner’s approval of the pre-qualification of any Subcontractor in accordance with the Owner approved Subcontractor Selection Plan. If the CM@Risk becomes aware prior to any bid date that less than Qualified Bidders at least three (3) pre-qualified Subcontractors plan competitive bids or proposals for each Subcontract. If Design- Builder is unable to solicit three (3) or more competitive bids or proposals for a division of Work, Owner’s prior written approval shall be required to accept any bid any portion of any Bid Package or proposal for that anticipated bids from previously approved or pre-qualified Subcontractors are likely to exceed the current Schedule of Values or estimate of Construction Cost, the CM@Risk shall promptly notify the OwnerWork.
2.2.4.6.3 The CM@Risk’s selection of any Subcontractor must comply with ABOR Policy 32.5.1 Unless Owner otherwise approves in writing, all Subcontract bids and proposals shall be in writing, submitted to a specific location at a specific time. Design-804B(3)(h)((1)) Builder shall time-stamp all bids and ((2)) proposals when received.
2.5.2 Design-Builder shall coordinate and must be based on qualifications alone, conduct the bid or on a combination of qualifications and price selectionproposal opening process. Owner Parties shall have the right, but not the obligation, to be present for all bid and proposal openings, scope review meetings, and negotiations, and shall not be based on price alone. The CM@Risk shall receive have access to all submission materials in Design- Builder’s possession.
2.5.3 Prior to award, Design-Builder shall: (i) prepare and open bids when advertised, prepare deliver to Owner Parties a bid analysistabulation in a mutually agreeable form clearly comparing such bids and proposals, conduct pre- award conferencestogether with any specific back-up documentation Owner requests; (ii) review the apparent low bids and proposals and work with the firms offering the same to clarify, reduce exclusions, verify scope and quantities, and notify seek to minimize potential Change Orders and Claims.
2.5.4 Design-Builder shall determine the Owner lowest bid for each solicitation that meets the requirements of this Section 2.5 and Design Professional concerning which bids from preDesign-qualified Subcontractors will be accepted Builder's reasonable performance standards; provided, however, if Design-Builder is unable to enter into a suitable Subcontract with a low bidder, Design- Builder may, with Owner's prior written approval, Subcontract with the second-lowest bidder pursuant to Section 2.5.5 below.
2.5.5 Under special circumstances and awarded. The Owner and Design Professional shall be notified of the time and place of all bid openings and shall only with Owner’s prior written authorization, Design-Builder may be permitted to attend such openings with their representatives and guests. A proposal to accept Subcontract on a basis other than a low lump sum bid shall be justified in writing price, including by the CM@Risk with sufficient detail to satisfy Ownercompetitive negotiation. Examples of such special circumstances include when there are single fabricators of specified Materials, special packaging requirements for Work, design-build Work, and where an alternative contracting method can be subject demonstrated to prior written approval by the Owner, with no increase in the GMP. When the CM@Risk proposes to accept a subcontract bid other than the low bid, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will not be a responsibility of clearly benefit Owner and there will be no increase the Project. As a condition to such authorization, Owner may require that Design-Builder agree to establish and implement qualification and performance criteria for Subcontractors in GMP or contract price by reason these circumstances, including a scoring system within requests for proposals.
2.5.6 Owner Parties shall have the right, but not the obligation, to monitor Design- Builder’s competitive Subcontract award process. Design-Builder shall cooperate in all respects with Owner Parties’ monitoring. Owner Parties’ monitoring shall not excuse Design-Builder from complying with the Contract Documents’ requirements.
2.5.7 Notwithstanding anything to the contrary contained in this Article 2, Owner may, at its sole discretion, require Design-Builder re-solicit Subcontract bids and proposals.
2.5.8 Design-Builder shall, and require Subcontractors to, comply with all prevailing wage requirements including State of such change Oregon Bureau of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished to Owner together will all special or supplementary conditions Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to the subcontract workWork. [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOWIn the event both state and federal rates apply to the same Work, the higher rate requirements shall control.]
A. Delete Paragraph 1.22.5.9 Design-Builder shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that arises due to Design-Builder’s failure to incorporate the relevant terms of this Article 2 and other necessary provisions of the Contract Documents in each Subcontract.
2.5.10 Design-Builder shall not alter any material term or condition of a Subcontract without Owner's prior written consent.
Appears in 1 contract
Sources: Design Build Agreement
Subcontractor Selection. 2.2.4.6.1 If the After Design-Builder and Owner determines that Integrated Project Delivery (IPD) or Building Information Modeling (BIM) objectives will benefit the Project and it is or will be have agreed to the advantage of Owner or the Project to select certain subcontracting trades to participate in the design process during the Pre-Construction Phase, as well as provide Construction Services during the Construction Phase, then the following procedures will apply:
a) CM@Risk prequalifies Subcontractors potential bidders from the trades needed in Potential Subcontractor List (the Pre- Construction Phase.
b) Upon acceptance of the Owner“Qualified Bidders”), a Request for Qualifications (RFQ) is requested Design-Builder shall solicit from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors.
c) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system.
d) The committee will develop a list of firms that will be interviewed.
e) The Subcontractors will be interviewed and ranked, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3.
2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk shall review all potential Subcontractors with the Owner and Design Professional and obtain Owner’s approval of the pre-qualification of any Subcontractor in accordance with the Owner approved Subcontractor Selection Plan. If the CM@Risk becomes aware prior to any bid date that less than Qualified Bidders at least three (3) precompetitive bids or proposals for each Subcontract. If Design- Builder is unable to solicit three (3) or more competitive bids or proposals for a division of Work, Owner’s prior written approval shall be required to accept any bid or proposal for that Work. [If Owner approves a Prequalification Plan, Design-qualified Subcontractors plan Builder may award Subcontracts to firms meeting the Prequalification Plan’s standards, with Owner’s prior written approval.]
2.5.1 Unless Owner otherwise approves in writing, all Subcontract bids and proposals shall be in writing, submitted to a specific location at a specific time. Design-Builder shall time-stamp all bids and proposals when received. SAMPLE
2.5.2 Design-Builder shall coordinate and conduct the bid any portion of any Bid Package or that anticipated bids from previously approved or pre-qualified Subcontractors are likely proposal opening process. Owner Parties shall have the right, but not the obligation, to exceed the current Schedule of Values or estimate of Construction Costbe present for all bid and proposal openings, the CM@Risk scope review meetings, and negotiations, and shall promptly notify the Ownerhave access to all submission materials in Design- Builder’s possession.
2.2.4.6.3 The CM@Risk’s selection of any Subcontractor must comply with ABOR Policy 32.5.3 Prior to award, Design-804B(3)(h)((1)Builder shall: (i) prepare and ((2)) and must be based on qualifications alone, or on a combination of qualifications and price selection, but shall not be based on price alone. The CM@Risk shall receive and open bids when advertised, prepare deliver to Owner Parties a bid analysistabulation in a mutually agreeable form clearly comparing such bids and proposals, conduct pre- award conferencestogether with any specific back-up documentation Owner requests; (ii) review the apparent low bids and proposals and work with the firms offering the same to clarify, reduce exclusions, verify scope and quantities, and notify seek to minimize potential Change Orders and Claims.
2.5.4 Design-Builder shall determine the Owner lowest bid for each solicitation that meets the requirements of this Section 2.5 and Design Professional concerning which bids from preDesign-qualified Subcontractors will be accepted Builder's reasonable performance standards; provided, however, if Design-Builder is unable to enter into a suitable Subcontract with a low bidder, Design- Builder may, with Owner's prior written approval, Subcontract with the second-lowest bidder pursuant to Section 2.5.5 below.
2.5.5 Under special circumstances and awarded. The Owner and Design Professional shall be notified of the time and place of all bid openings and shall only with Owner’s prior written authorization, Design-Builder may be permitted to attend such openings with their representatives and guests. A proposal to accept Subcontract on a basis other than a low lump sum bid shall be justified in writing price, including by the CM@Risk with sufficient detail to satisfy Ownercompetitive negotiation. Examples of such special circumstances include when there are single fabricators of specified Materials, special packaging requirements for Work, design-build Work, and where an alternative contracting method can be subject demonstrated to prior written approval by the Owner, with no increase in the GMP. When the CM@Risk proposes to accept a subcontract bid other than the low bid, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will not be a responsibility of clearly benefit Owner and there will be no increase the Project. As a condition to such authorization, Owner may require that Design-Builder agree to establish and implement qualification and performance criteria for Subcontractors in GMP or contract price by reason these circumstances, including a scoring system within requests for proposals.
2.5.6 Owner Parties shall have the right, but not the obligation, to monitor Design- Builder’s competitive Subcontract award process. Design-Builder shall cooperate in all respects with Owner Parties’ monitoring. Owner Parties’ monitoring shall not excuse Design-Builder from complying with the Contract Documents’ requirements.
2.5.7 Notwithstanding anything to the contrary contained in this Article 2, Owner may, at its sole discretion, require Design-Builder re-solicit Subcontract bids and proposals.
2.5.8 [Design-Builder shall, and require Subcontractors to, comply with all prevailing wage requirements including State of such change Oregon Bureau of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished to Owner together will all special or supplementary conditions Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to the subcontract workWork. In the event both state and federal rates apply to the same Work, the higher rate requirements shall control.] [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS Confirm if required – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOW.project specific]
A. Delete Paragraph 1.22.5.9 Design-Builder shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that arises due to Design-Builder’s failure to incorporate the relevant terms of this Article 2 and other necessary provisions of the Contract Documents in each Subcontract.
2.5.10 Design-Builder shall not alter any material term or condition of a Subcontract without Owner's prior written consent.
Appears in 1 contract
Sources: Design Build Agreement
Subcontractor Selection. 2.2.4.6.1 If 1) All Subcontractors performing Work must be, as legally required or appropriate for the Owner determines that Integrated Project Delivery (IPDWork they are performing, registered or licensed by the following before such Subcontractors commence Work and for the duration of the subcontract:
i. The Construction Contractors’ Board in accordance with ORS 701.035 to 701.138;
ii. The State Board of Examiners for Engineering and Land Surveying in accordance with ORS 672.002 to 672.325;
iii. The State Board of Architect Examiners in accordance with ORS 671.010 to 671.220;
iv. The State Landscape Architect’s Board in accordance with ORS 671.310 to 671.459; or
v. The State Landscape Contractor’s Board in accordance with ORS 671.510 to 671.710.
2) or Building Information Modeling (BIM) objectives will benefit These registration and licensing requirements shall also apply to employees of the Project CM/GC and it shall require and ensure that they are in compliance.
3) The CM/GC shall pay and comply with, and require Subcontractors to pay and comply with State prevailing wage rates in effect at the time of execution of the first Early Work Amendment, or if no Early Work Amendment is or will be to executed, at the advantage of Owner or time the Project to select certain subcontracting trades to participate GMP Amendment is executed, as listed in the design process during the Pre-Construction PhaseBOLI publication titled “Prevailing Wage Rates for Public Works Contracts in Oregon”, as well as provide Construction Services during the Construction Phase, then the following procedures will apply:
a) CM@Risk prequalifies Subcontractors from the trades needed and any amendments thereto. The higher of those rates shall be incorporated in the Pre- Construction PhaseContract and shall then apply throughout the remainder of the Project.
b) Upon acceptance of the Owner, a Request for Qualifications (RFQ) is requested from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors.
c4) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system.
d) The committee will develop a list of firms that will be interviewed.
e) The Subcontractors will be interviewed and ranked, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3.
2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk CM/GC shall review all potential bids and shall work with bidders to clarify submitted bids, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
5) Unless otherwise provided under this Article 11., the selection of all Subcontractors and suppliers shall be made by competitive bidding in a manner that will not encourage favoritism or substantially diminish competition. While not subject to the competitive procurement requirements of ORS Chapter 279C, the process shall conform to the procedures discussed herein, in general compliance with the Owner open and Design Professional competitive nature of public procurement, taking into account industry subcontracting practices.
6) CM/GC shall submit to City’s Authorized Representative its proposed procurement documents for review and obtain Ownercomment before they are issued for solicitation. CM/GC shall consider and respond to all City comments regarding any proposed Offer packages. As Offers are received, CM/GC shall submit to the City an Offer comparison in a mutually agreeable form together with any specific back-up documentation requested by City. The competitive process used to award subcontracts by the CM/GC may be monitored by the City’s approval of the pre-qualification of any Subcontractor in accordance Authorized Representative; provided that such monitoring shall not excuse CM/GC from compliance with the Owner approved Subcontractor Selection Plansubcontracting requirements of this Agreement. CM/GC shall cooperate in all respects with City's monitoring. The City’s Authorized Representative shall be advised in advance of and be given the opportunity to be present at bid openings, and CM/GC shall provide him or her with a summary or abstract of all bids in form acceptable to the City’s Authorized Representative, and copies of particular bids if requested, prior to CM/GC's selection of bids. Prior to opening bids, the CM/GC agrees to disclose in writing to City any financial interest it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project Work, directly or indirectly, including whether such party is an Affiliate of CM/GC.
7) The following minimum requirements apply to the Subcontract solicitation process: For solicitations where the resulting subcontract estimated to exceed $100,000:
i. Solicitations shall be advertised at least ten (10) business days prior to opening in the Daily Journal of Commerce. CM/GC also agrees to advertise in a local community newspaper in the area in which the Project is located, in order to allow for local participation in the solicitation process.
ii. Unless specific other prior arrangement has been made with the City representative, all bids will be written, and submitted to a specific location at a specific time. CM/GC shall time/date-stamp all bids as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
iii. If the CM@Risk becomes aware prior to any bid date that less fewer than three (3) pre-qualified Subcontractors plan bids are submitted in response to bid any portion solicitation estimated to exceed $100,000, (inclusive of any Bid Package bid submitted by CM/GC), prior written approval by a City representative shall be required to accept a bid.
iv. City may at its sole discretion, require CM/GC to re-solicit for bids based on the same or modified documents.
v. The CM/GC shall document any and all discussions, questions and answers, modifications and responses to from any bidder and ensure that anticipated bids from previously approved or prethe same are distributed to all bidders, and City shall be entitled to inspect such documentation on request.
vi. CM/GC shall determine the lowest responsive and responsible bid for each solicitation that meets CM/GC’s reasonable performance standards for the components of the Work at issue; provided that if CM/GC determines it is unable to execute a suitable subcontract with such bidder, CM/GC may, with City’s prior approval, execute a subcontract with the second-qualified Subcontractors lowest Offeror pursuant to paragraph 11.c.9) below. CM/GC may alternatively utilize a solicitation method whereby both price and subcontractor qualifications are likely to exceed the current Schedule of Values or estimate of Construction Costevaluated. In such case, the CM@Risk shall promptly notify the Owner.
2.2.4.6.3 The CM@Risk’s selection of any Subcontractor solicitation method and evaluation process must comply with ABOR Policy 3-804B(3)(h)((1)) be documented in writing, must be competitive, fair and ((2)) open, and must be based prior approved by City. City reserves the right to approve such a method on qualifications alonea case by case basis. For solicitations where the resulting subcontract estimated to be below $100,000:
i. Solicitations must be publically advertised in any or all of the following methods: electronically, in the Oregon Daily Journal of Commerce, or on a combination of qualifications and price selectionlocal community newspaper.
ii. Unless specific other prior arrangement has been made with the City representative, but shall not all bids will be based on price alone. The CM@Risk shall receive and open bids when advertised, prepare a bid analysis, conduct pre- award conferenceswritten, and notify the Owner submitted to a specific location or email address at a specific time. Quotes may be sent and Design Professional concerning which bids from pre-qualified Subcontractors will be accepted and awardedsubmitted electronically. The Owner and Design Professional CM/GC shall be notified retain a record of the time and place date all quotes are received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of all bid openings and shall be permitted to attend such openings with their representatives and guestsOregon Construction Contractors Board.
iii. A proposal minimum of three (3) written quotes must be solicited. CM/GC may consider price and other qualifications in awarding such subcontracts. Generally:
i. CM/GC may develop and implement a prequalification process in accordance with Oregon Revised Statutes for competitive bidding for particular solicitations, followed by selection of successful bids among those bidders that CM/GC determines meet the prequalification standards, with City’s prior written approval of such prequalification process.
ii. The CM/GC shall comply, and require Subcontractor compliance, with the State of Oregon Bureau of Labor & Industries prevailing wage rate requirements. The wage rates that apply to accept this Project are described in paragraph C.1. of Exhibit A - General Conditions.
8) Under special circumstances and only with prior written authorization by City, Work may be subcontracted on other than a low lump sum bid shall price basis, including without limitation, through competitive negotiation. As a condition to its authorization, City may require CM/GC's agreement to establish and implement qualification and performance criteria for bidders, including a scoring system within requests for proposals. Examples include: where there are single fabricators of materials; special packaging requirements for Subcontractor Work; design-build work or, where an alternative contracting method can be justified in writing by demonstrated to clearly benefit City. Such alternative procurements may, at the CM@Risk with sufficient detail to satisfy Ownersole determination of the City, and be subject to prior the City’s procurement policies.
9) When the Subcontractor selection process for a particular Work package will not be “competitive” as provided for in paragraph 11.c.5., the process must meet the following requirements:
i. The CM/GC must prepare and submit a written approval justification to the City explaining the project circumstances that support a non-competitive Subcontractor selection process for a particular Work package, including, but not limited to, Emergency circumstances, the CM/GC’s need to utilize a key Subcontractor member of the CM/GC’s project team consistent with the CM/GC’s project proposal, the need to meet other specified Contract requirements, the continuation or expansion of an existing Subcontractor agreement that was awarded through a “competitive process” along with facts supporting the continuation or expansion of the Subcontractor agreement, or a “sole source” justification.
ii. For a “sole source” selection of a subcontractor to proceed, the Contracting Agency must evaluate the written justification provided by the OwnerCM/GC and must find that critical project efficiencies require utilization of labor, services or materials from one subcontractor; that technical compatibility issues on the project require labor, services or materials from one subcontractor; that particular labor, services or materials are needed as part of an experimental or pilot project or as part of an experimental or pilot aspect of the project; or that other project circumstances exist to support the conclusion that the labor, services or materials are available from only one subcontractor;
iii. If required by the City,the CM/GC must provide an independent cost estimate for the Work package that will be subject to the non-competitive process.
iv. The CM/GC must fully respond to all City questions or comments pertaining to a proposed or completed non-competitive selection process or associated Work package.
v. The City must approve the CM/GC’s use of the non-competitive Subcontractor selection process prior to the CM/GC’s pursuit of the non-competitive process.
10) A competitive selection process may be preceded by a publicly advertised subcontractor pre- qualification process, with no only those subcontractors meeting the pre-qualificaiton requirements being invited to participate in the later competitive process through which the CM/GC will select the subcontractor to perform the construction Work described in the selection process;
11) If the CM/GC or an Affiliate or subsidiary of the CM/GC will be included in the subcontractor selection process to perform particular construction Work on the project:
i. the CM/GC must disclose that fact in the selection process documents and announcements.
12) CM/GC shall notify City in writing in advance before award of any proposed Subcontract, which notice shall include summaries in a form acceptable to City of all bidders received for the Subcontract at issue. City reserves the right to disapprove any proposed Subcontractors, suppliers and Subcontract or supply contract awards, based on legal standards of responsibility. City shall not unreasonably disapprove any proposed Subcontractor or supplier and increased costs due to City's disapproval shall be cause for an increase in the GMP. When Notification shall be made with suitable time for review and comment/approval by the CM@Risk proposes City before issuance of the Subcontract for execution.
13) The CM/GC shall notify the City in the event that it receives an objection or protest in response to accept subcontractor selection. The City must approve the CM/GC’s proposed resolution to any such objections or protests, prior to the CM/GC implementing the resolution.
14) Briefings for Unsuccessful Subcontractors. Unsuccessful subcontractors will be allowed 60 days from the CM/GC’s notice of award of a subcontract bid other than the low bidfor a particular Work package to request, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will in
15) CM/GC's subcontracting records shall not be a responsibility considered public records; provided, however, that City and other agencies of Owner the State shall retain the right to inspect, audit and there will be no increase monitor the subcontracting process in GMP or contract price by reason of such change of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished order to Owner together will all special or supplementary conditions applicable to protect the subcontract work. [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOWCity's interests.]
A. Delete Paragraph 1.2
Appears in 1 contract
Subcontractor Selection. 2.2.4.6.1 If the After Design-Builder and Owner determines that Integrated Project Delivery (IPD) or Building Information Modeling (BIM) objectives will benefit the Project and it is or will be have agreed to the advantage of Owner or the Project to select certain subcontracting trades to participate in the design process during the Pre-Construction Phase, as well as provide Construction Services during the Construction Phase, then the following procedures will apply:
a) CM@Risk prequalifies Subcontractors potential bidders from the trades needed in Potential Subcontractor List (the Pre- Construction Phase.
b) Upon acceptance of the Owner“Qualified Bidders”), a Request for Qualifications (RFQ) is requested Design-Builder shall solicit from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors.
c) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system.
d) The committee will develop a list of firms that will be interviewed.
e) The Subcontractors will be interviewed and ranked, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3.
2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk shall review all potential Subcontractors with the Owner and Design Professional and obtain Owner’s approval of the pre-qualification of any Subcontractor in accordance with the Owner approved Subcontractor Selection Plan. If the CM@Risk becomes aware prior to any bid date that less than Qualified Bidders at least three (3) precompetitive bids or proposals for each Subcontract. If Design- Builder is unable to solicit three (3) or more competitive bids or proposals for a division of Work, Owner’s prior written approval shall be required to accept any bid or proposal for that Work. [If Owner approves a Prequalification Plan, Design-qualified Subcontractors plan Builder may award Subcontracts to bid any portion of any Bid Package or that anticipated firms meeting the Prequalification Plan’s standards, with Owner’s prior written approval.]
2.5.1 Unless Owner otherwise approves in writing, all Subcontract bids from previously approved or preand proposals shall be in writing, submitted to a specific location at a specific time. Design-qualified Subcontractors are likely to exceed the current Schedule of Values or estimate of Construction Cost, the CM@Risk Builder shall promptly notify the Ownertime-stamp all bids and proposals when received.
2.2.4.6.3 The CM@Risk’s selection of any Subcontractor must comply with ABOR Policy 32.5.2 Design-804B(3)(h)((1)) Builder shall coordinate and ((2)) and must be based on qualifications alone, conduct the bid or on a combination of qualifications and price selectionproposal opening process. Owner Parties shall have the right, but not the obligation, to be present for all bid and proposal openings, scope review meetings, and negotiations, and shall not be based on price alone. The CM@Risk shall receive have access to all submission materials in Design-Builder’s possession.
2.5.3 Prior to award, Design-Builder shall: (i) prepare and open bids when advertised, prepare deliver to Owner Parties a bid analysistabulation in a mutually agreeable form clearly comparing such bids and proposals, conduct pre- award conferencestogether with any specific back-up documentation Owner requests; (ii) review the apparent low bids and proposals and work with the firms offering the same to clarify, reduce exclusions, verify scope and quantities, and notify seek to minimize potential Change Orders and Claims.
2.5.4 Design-Builder shall determine the Owner lowest bid for each solicitation that meets the requirements of this Section 2.5 and Design Professional concerning which bids from preDesign-qualified Subcontractors will be accepted Builder's reasonable performance standards; provided, however, if Design-Builder is unable to enter into a suitable Subcontract with a low bidder, Design- Builder may, with Owner's prior written approval, Subcontract with the second-lowest bidder pursuant to Section 2.5.5 below.
2.5.5 Under special circumstances and awarded. The Owner and Design Professional shall be notified of the time and place of all bid openings and shall only with Owner’s prior written authorization, Design-Builder may be permitted to attend such openings with their representatives and guests. A proposal to accept Subcontract on a basis other than a low lump sum bid shall be justified in writing price, including by the CM@Risk with sufficient detail to satisfy Ownercompetitive negotiation. Examples of such special circumstances include when there are single fabricators of specified Materials, special packaging requirements for Work, design-build Work, and where an alternative contracting method can be subject demonstrated to prior written approval by the Owner, with no increase in the GMP. When the CM@Risk proposes to accept a subcontract bid other than the low bid, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will not be a responsibility of clearly benefit Owner and there will be no increase the Project. As a condition to such authorization, Owner may require that Design-Builder agree to establish and implement qualification and performance criteria for Subcontractors in GMP or contract price by reason these circumstances, including a scoring system within requests for proposals.
2.5.6 Owner Parties shall have the right, but not the obligation, to monitor Design- Builder’s competitive Subcontract award process. Design-Builder shall cooperate in all respects with Owner Parties’ monitoring. Owner Parties’ monitoring shall not excuse Design-Builder from complying with the Contract Documents’ requirements.
2.5.7 Notwithstanding anything to the contrary contained in this Article 2, Owner may, at its sole discretion, require Design-Builder re-solicit Subcontract bids and proposals.
2.5.8 [Design-Builder shall, and require Subcontractors to, comply with all prevailing wage requirements including State of such change Oregon Bureau of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished to Owner together will all special or supplementary conditions Labor & Industries prevailing wage rates and ▇▇▇▇▇-▇▇▇▇▇ federal wage rates as and when applicable to the subcontract workWork. In the event both state and federal rates apply to the same Work, the higher rate requirements shall control.] [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS Confirm if required – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOW.project specific]
A. Delete Paragraph 1.22.5.9 Design-Builder shall indemnify, defend, and hold harmless, Owner Parties, from and against any Subcontractor claim that arises due to Design-Builder’s failure to incorporate the relevant terms of this Article 2 and other necessary provisions of the Contract Documents in each Subcontract.
2.5.10 Design-Builder shall not alter any material term or condition of a Subcontract without Owner's prior written consent.
Appears in 1 contract
Sources: Design Build Agreement
Subcontractor Selection. 2.2.4.6.1 If 9.3.1 Unless otherwise provided under this Article 9, the Owner determines selection of all Subcontractors and suppliers shall be made by competitive Offers in a manner that Integrated Project Delivery (IPD) will not encourage favoritism or Building Information Modeling (BIM) objectives will benefit the Project and it is or will be substantially diminish competition. While not subject to the advantage competitive procurement requirements of ORS Chapter 279C, the process shall conform to the following procedures, in general compliance with the open and competitive nature of public procurement, taking into account industry subcontracting practices.
9.3.2 Contractor shall submit to Owner’s Authorized Representative its proposed procurement documents for review and comment before they are issued for solicitation. Contractor shall consider and respond to all Owner or the Project to select certain subcontracting trades comments regarding any proposed Offer packages, will allow Owner to participate in the design process during the Pre-Construction Phase, as well as provide Construction Services during the Construction Phase, then the following procedures will apply:
a) CM@Risk prequalifies Subcontractors from the trades needed in the Pre- Construction Phase.
b) Upon acceptance of the Owner, a Request for Qualifications (RFQ) is requested from pre-qualified Subcontractors by the CM@Risk. The RFQ will request additional qualification information in addition to pricing information, such as labor rates and overhead and profit factors.
c) The Statement of Qualifications (SOQ) from the Subcontractors will be reviewed by a committee consisting of CM@Risk, Owner and design team members. The qualification and pricing information will be scored by a pre- determined weighted scoring system.
d) The committee will develop a list of firms that will be interviewed.
e) The Subcontractors will be interviewed and rankedall solicitation processes, and the highest ranked Subcontractor will be selected to provide the services. For Subcontractors selected in this manner, the CM@Risk must establish to the Owner’s satisfaction that the Subcontractor’s price submission is reasonable and appropriate, by following the procedures outlined for CM@Risk in Section 2.2.4.6.2 and 2.2.4.6.3.
2.2.4.6.2 The CM@Risk shall, with the assistance of the Owner and Design Professional, prepare the necessary and appropriate bidding information, bidding forms, and pre-qualification criteria for bidders; develop Subcontractor interest; establish bidding schedules; advertise for bids; and conduct pre-bid conferences to familiarize bidders with the bidding documents and management techniques and with any special systems, materials, or methods. The CM@Risk shall review all potential Subcontractors with the Owner and Design Professional and obtain Owner’s approval of the pre-qualification of any Subcontractor act in accordance with Owner’s input and direction in all aspects of the subcontracting process, including but not limited to preparing bids, reviewing Offers, and securing subcontracts.
9.3.3 Prior to opening Offers, the Contractor agrees to disclose in writing to Owner approved Subcontractor Selection Planany financial or other interest or relationship it has in any such Subcontractor, supplier or other contracting party whenever such Subcontractor, supplier or contracting party intends to compete on any Project Work, directly or indirectly, including whether such party is an Affiliate of Contractor. The following minimum requirements apply to the subcontract solicitation process:
(a) Unless specific other prior arrangement has been made with Owner, all Offers will be written, and submitted to a specific location at a specific time. Contractor shall time-stamp all Offers as received. Subcontractors must be qualified to perform the Work for this Project by being appropriately registered with the State of Oregon Construction Contractors Board.
(b) If the CM@Risk becomes aware prior to any bid date that less fewer than three (3) pre-qualified Subcontractors plan Offers are submitted in response to bid any portion solicitation (inclusive of any Bid Package Offer submitted by Contractor), priorwritten approval by Owner shall be required to accept an Offer.
(c) Contractor may develop and implement a prequalification process for particular solicitations, followed by selection of successful Offers among those Offerors that Contractor determines meet the prequalification standards, with Owner’s prior written approval of such prequalification process.
(d) Contractor shall comply, and require Subcontractor compliance with, State of Oregon Bureau of Labor & Industries prevailing wage rates. The rates in effect at the time the Contract becomes a public works contract, for purposes of the prevailing wage requirements, are the applicable rates to be used for the duration of the Project. The Contract becomes a Public Works contract when executed.
(e) Owner may, at its sole discretion, require Contractor to re-solicit for Offers based on the same or modified documents.
(f) Contractor shall review all Offers and shall work with Offerors to clarify Offers, reduce exclusions, verify scope and quantities, and seek to minimize work subsequently awarded via the Change Order process.
(g) The Contractor will document any and all discussions, questions and answers, modifications, and responses to or from any Offeror and ensure that anticipated bids from previously approved or prethe same are distributed to all Offerors, and Owner shall be entitled to inspect such documentation on request.
(h) Contractor shall determine the lowest Offer for each solicitation that meets Contractor’s reasonable performance standards for the components of the Work at issue. If Contractor determines it is unable to execute a suitable subcontract with such Offeror, Contractor may, with Owner’s prior approval, execute a subcontract with the second-qualified Subcontractors lowest Offeror pursuant to Section 9.3.4 below.
9.3.4 Under special circumstances and only with prior written authorization by Owner, Work may be subcontracted on other than a low-price basis, including without limitation through competitive negotiation. Under such circumstances and as a condition to its authorization, Owner may require Contractor’s agreement to establish and implement qualification and performance criteria for Offerors, including a scoring system within requests for proposals. Examples include: where there are likely single fabricators of materials; special packaging requirements for Subcontractor work; design-build work or, where an alternative contracting method can be demonstrated to exceed the current Schedule of Values or estimate of Construction Cost, the CM@Risk shall promptly notify the clearly benefit Owner.
2.2.4.6.3 The CM@Risk’s selection 9.3.5 Contractor shall notify Owner in writing in advance before award of any Subcontractor must comply with ABOR Policy 3-804B(3)(h)((1)) proposed Subcontract, which notice shall include summaries in a form acceptable to Owner of all Offers received for the Subcontract at issue. Owner reserves the right to disapprove any proposed Subcontractors, suppliers, and ((2)) and must be subcontract or supply contract awards, based on qualifications alone, or on a combination legal standards of qualifications and price selection, but responsibility. Owner shall not unreasonably disapprove any proposed Subcontractor or supplier.
9.3.6 Contractor’s subcontracting records may be based on price alone. The CM@Risk shall receive and open bids when advertised, prepare a bid analysis, conduct pre- award conferences, and notify the Owner and Design Professional concerning which bids from pre-qualified Subcontractors will be accepted and awardedconsidered public records. The Owner and Design Professional shall be notified of its representatives retain the time right to audit and place of all bid openings and shall be permitted monitor the subcontracting process in order to attend such openings with their representatives and guests. A proposal to accept other than a low lump sum bid shall be justified in writing by the CM@Risk with sufficient detail to satisfy Owner, and be subject to prior written approval by protect the Owner, with no increase in the GMP. When the CM@Risk proposes to accept a subcontract bid other than the low bid, the CM@Risk must justify such action in writing and obtain written approval from Owner before making the subcontract award. Once approved by Owner, no Subcontractor may be replaced by CM@Risk without Owner’s prior approval and any change in cost to CM@Risk will not be a responsibility of Owner and there will be no increase in GMP or contract price by reason of such change of cost. Within ten (10) calendar days after award, one fully executed subcontract for work or services on this Project shall be furnished to Owner together will all special or supplementary conditions applicable to the subcontract work. [INSTRUCTION TO DRAFTER FOR 2.2.4.6.3 AND ASSOCIATED SECTIONS – OPTIONAL ADDITIONAL LANGUAGE MAY BE ADDED HERE FOR UA AS INDICATED IN ITALICS BELOWinterests.]
A. Delete Paragraph 1.2
Appears in 1 contract