Common use of Bidding Phase Clause in Contracts

Bidding Phase. 7.7.1 The Designer shall, when authorized by the Owner, prepare for reproduction and distribution the construction bid documents, including advertisements, for receipt of proposals from construction contractors, and for execution of the Owner-Contractor Agreement. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner and the Authority. The Designer shall attend the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be answered by the Designer by means of written addenda to the bid documents as required. The Designer shall attend each bid opening and, with the assistance of the OPM, conduct a review of the qualifications of the low filed sub-bidders and general bidder (and of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the Designer’s opinions as to the sub-bidders’ bids and as to which general bidder is the responsible and eligible bidder that has submitted the lowest bid. 7.7.2 The Designer shall assist the Owner in the prequalification of prime contractors and subcontractors in the filed sub-bidder or trade contractor scopes of work pursuant to M.G.L. c. 149, §§44D½ and 44D¾, including participation as a member of the Owner’s Prequalification Committee. 7.7.3 The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.7.4 When sub-bids are required: (a) Attend sub-bid openings. (b) Assist in reviewing sub-bids with the Owner for completeness and accuracy. (c) Assess sub-bid amounts relative to cost estimates. (d) Assist in checking references of sub-bidders and make written recommendations as to their qualifications, only required for projects in which pre-qualification has not occurred. (e) Issue a letter of recommendation to Owner upon acceptance of sub-bids, identify any categories to be re-bid and reason(s) therefor. (f) Prepare and distribute the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and approved by the Owner prior to its issuance to bidders. 7.7.5 Unless otherwise directed by the Owner, attend and conduct the general bid opening. 7.7.6 Review with the Owner and the OPM’s general bids for completeness and accuracy. 7.7.7 Review bidder responses for alternates and make written recommendations as to their acceptance. 7.7.8 If the Project must be re-bid because of a defect in the bid documents prepared by the Designer, or in procedures proposed by the Designer, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 7.7.9 If within three (3) months after approval of Construction Contract Documents, in final form, the bids of the lowest responsible and eligible bidders or negotiated proposals exceed the approved Project Construction Budget, the provisions of Article 4.10 shall apply. 7.7.10 If the Owner awards a construction contract for an amount that exceeds the amount established in the Project Construction Budget, such an award will not affect the Fee for Basic Services.

Bidding Phase. 7.7.1 The Designer shall, when authorized by the Owner, prepare for reproduction and distribution shall copy the construction bid documents, including advertisements, for receipt of proposals from construction contractors, and for execution of the Owner-Contractor Agreement. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner and the Authority. The Designer shall attend and chair the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be answered by the Designer by means of written addenda to the bid documents as required. The Designer shall attend each bid opening and, with the assistance of the OPMOwner’s Project Manager, conduct a review of the qualifications of the low filed sub-sub- bidders and general bidder (and of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the Designer’s opinions as to the sub-bidders’ bids and as to which general bidder is the responsible and eligible bidder that has submitted the lowest bid. 7.7.2 The Designer shall assist the Owner in the prequalification of prime contractors and subcontractors sub-contractors in the filed sub-bidder or trade contractor scopes of work pursuant to M.G.L. c. 149, §§44D½ and 44D¾, 44D¾ or M.G.L. c. 149A including participation as a member of the Owner’s Prequalification Committee. 7.7.3 The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.7.4 When sub-bids are required: (a) Attend and conduct sub-bid openings. (b) Assist in reviewing Review sub-bids with the Owner for completeness and accuracy. (c) Assess sub-bid amounts relative to cost estimates. (d) Assist in checking Check references of sub-bidders and make written recommendations as to their qualifications, only required for projects in which pre-pre- qualification has not occurred. (e) Issue a letter of recommendation to Owner upon acceptance of sub-bids, identify any categories to be re-bid and reason(s) therefor. (f) Prepare and distribute the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and approved by the Owner prior to its issuance to bidders. 7.7.5 Unless otherwise directed by the Owner, attend and conduct the general bid opening. 7.7.6 Review with the Owner and the OPMOwner’s Project Manager general bids for completeness and accuracy. 7.7.7 Review bidder responses for alternates and make written recommendations as to their acceptance. 7.7.8 If the Project must has to be re-bid because of a defect in the bid documents prepared by the Designer, Designer or in procedures proposed by the Designer, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 7.7.9 If within three (3) months after approval of Construction Contract Documents, in final form, the bids of the lowest responsible and eligible bidders or negotiated proposals exceed the approved Project Construction Budget, the provisions of Article 4.10 shall apply. 7.7.10 If the Owner awards a construction contract for an amount that exceeds the amount established in the Project Construction Budget, such an award will not affect the Fee for Basic Services.

Bidding Phase. 7.7.1 7.8.1 The Designer shall, when authorized by the Owner, prepare for reproduction and distribution the construction bid documents, including advertisements, documents required for the solicitation and receipt of proposals statements of qualifications and bids from construction contractors, and for execution of the Owner-Contractor AgreementTrade Contractors. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner and the AuthorityOwner. The Designer shall attend the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be answered by the Designer by means of written addenda to the bid documents as required. The Designer shall attend each bid opening and, with the assistance of the OPM, conduct a review of the qualifications of the low filed sub-bidders and general bidder Trade Contractors (and of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the Designer’s opinions as to the sub-bidders’ bids of Trade Contractors (and as to which general bidder is the responsible and eligible bidder that has submitted the lowest bidof other bidders if necessary). 7.7.2 The Designer shall assist the Owner in the prequalification of prime contractors and subcontractors in the filed sub-bidder or trade contractor scopes of work pursuant to M.G.L. c. 149, §§44D½ and 44D¾, including participation as a member of the Owner’s Prequalification Committee. 7.7.3 7.8.2 The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.7.4 When sub-bids are required: (a) Attend sub-7.8.3 There may be multiple bid openingspackages for the Project. Multiple bid packages may be assembled and bid concurrently or consecutively as a portion of the Project. Portions of the Project may be bid separately from other portions. The Designer shall appropriately staff and structure its design and construction phase performance to assist the Owner in the preparation, issuance, bidding and negotiation, if any, of so- called early bid packages as provided in ▇.▇. ▇. 149A, § 7(b)(3). (b) Assist in reviewing sub-bids with 7.8.4 If the Owner for completeness and accuracy. (c) Assess sub-bid amounts relative to cost estimates. (d) Assist in checking references of sub-bidders and make written recommendations as to their qualifications, only required for projects in which pre-qualification Project has not occurred. (e) Issue a letter of recommendation to Owner upon acceptance of sub-bids, identify any categories to be re-bid and reason(s) therefor. (f) Prepare and distribute bid, or the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and approved by the Owner prior to its issuance to bidders. 7.7.5 Unless otherwise directed by the Owner, attend and conduct the general bid opening. 7.7.6 Review with the Owner and the OPM’s general bids for completeness and accuracy. 7.7.7 Review bidder responses for alternates and make written recommendations as to their acceptance. 7.7.8 If the Project GMP Amendment must be re-bid negotiated and amended because of a defect in the bid documents prepared by the Designer, Designer or in procedures proposed by the Designer, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 7.7.9 If within three (3) months after approval of Construction Contract Documents, in final form, 7.8.5 The Designer shall review alternates and make written recommendations to the bids of the lowest responsible and eligible bidders or negotiated proposals exceed the approved Project Construction Budget, the provisions of Article 4.10 shall applyOwner as to their acceptance. 7.7.10 7.8.6 If the Owner awards executes a construction contract GMP Amendment for an amount that exceeds the amount established in the Project Construction Budget, such an award will not affect the Fee for Basic Services. 7.8.7 Trade Contractor Selection Process (a) Trade Contractor Prequalification pursuant to M.G.L. c. 149A, §8(c) 1. The Designer shall participate as a member of the Owner’s Trade Contractor Prequalification Committee established by the Owner pursuant to M.G.L. c.149A, § 8(b). 2. The Designer shall review the information provided by the CM at Risk describing the work to be required of each Trade Contractor and shall assist the Owner in the preparation of the Request for Qualifications for Trade Contractors to be used to solicit responses from eligible Trade Contractors and to prequalify Trade Contractors for participation in the Project. (b) Request for Bids for Trade Contractor Services pursuant to M.G.L. c. 149A, §8(g) 1. The Designer shall assist and advise the Owner in the preparation of the Invitation for Bids for Trade Contractor services in accordance with the provisions of M.G.L. c. 149A, §8. 2. The Designer shall attend all pre-bid conferences and meetings.

Bidding Phase. 7.7.1 The Designer shall, when authorized by the Owner, prepare for reproduction and distribution the construction bid documents, including advertisements, for receipt of proposals from construction contractors, and for execution of the Owner-Contractor Agreement. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner and the AuthorityOwner. The Designer shall attend the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be answered by the Designer by means of written addenda to the bid documents as required. The Designer shall attend each bid opening and, with the assistance of the OPMOwner’s Project Manager, conduct a review of the qualifications of the low filed sub-bidders and general bidder (and of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the Designer’s opinions as to the sub-bidders’ bids and as to which general bidder is the responsible and eligible bidder that has submitted the lowest bid. 7.7.2 The Designer shall assist the Owner in the prequalification of prime contractors and subcontractors in the filed sub-bidder or trade contractor scopes of work pursuant to M.G.L. c. 149, §§44D½ and 44D¾, 44D¾ including participation as a member of the Owner’s Prequalification Committee. 7.7.3 The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.7.4 When sub-bids are required: (a) Attend sub-bid openings. (b) Assist in reviewing sub-bids with the Owner for completeness and accuracy. (c) Assess sub-bid amounts relative to cost estimates. (d) Assist in checking references of sub-bidders and make written recommendations as to their qualifications, only required for projects in which pre-qualification has not occurred. (e) Issue a letter of recommendation to Owner upon acceptance of sub-bids, identify any categories to be re-bid and reason(s) therefor. (f) Prepare and distribute the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and approved by the Owner prior to its issuance to bidders. 7.7.5 Unless otherwise directed by the Owner, attend and conduct the general bid opening. 7.7.6 Review with the Owner and the OPM’s general bids for completeness and accuracy. 7.7.7 Review bidder responses for alternates and make written recommendations as to their acceptance. 7.7.8 If the Project must be re-bid because of a defect in the bid documents prepared by the Designer, or in procedures proposed by the Designer, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 7.7.9 If within three (3) months after approval of Construction Contract Documents, in final form, the bids of the lowest responsible and eligible bidders or negotiated proposals exceed the approved Project Construction Budget, the provisions of Article 4.10 shall apply. 7.7.10 If the Owner awards a construction contract for an amount that exceeds the amount established in the Project Construction Budget, such an award will not affect the Fee for Basic Services.

Bidding Phase. 7.7.1 (a) The Designer shall, when authorized by the Owner, prepare for reproduction and distribution the construction bid documents, including advertisements, for receipt of proposals from construction contractors, and for execution of the Owner-Contractor Agreement. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner and the Authority. The Designer shall attend the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be answered by the Designer by means of written addenda to the bid documents as required. The Designer shall attend each bid opening and, with the assistance of the OPM, conduct a review of the qualifications of the low filed sub-bidders and general bidder Trade Contractors (and of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the DesignerA/E’s opinions as to the sub-bidders’ bids of the Trade Contractors (and as to which general bidder is the responsible and eligible bidder that has submitted the lowest bidother bidders if necessary). 7.7.2 (b) The Designer shall assist the Owner in the prequalification of prime contractors and subcontractors in the filed sub-bidder or trade contractor scopes of work pursuant to M.G.L. \M.G.L. c. 149, §§44D½ and 44D¾, 44D¾ including participation as a member of the Owner’s Prequalification Committee. 7.7.3 (c) The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.7.4 (d) When sub-bids are required, the Designer shall: (a) i. Attend sub-bid openings. (b) ii. Assist in reviewing sub-bids with the Owner for completeness and accuracy. (c) iii. Assess sub-bid amounts relative to cost estimates. (d) iv. Assist in checking references of sub-bidders and make written recommendations as to their qualifications, only required for projects in which pre-qualification has not occurred. (e) v. Issue a letter of recommendation to Owner upon acceptance of sub-bids, identify any categories to be re-bid and reason(s) therefor. (f) vi. Prepare and distribute the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and approved by the Owner prior to its issuance to bidders. 7.7.5 vii. Unless otherwise directed by the Owner, attend and conduct the general bid opening. ▇▇▇▇. 7.7.6 Review ▇▇▇▇▇▇ with the Owner and the OPMOwner’s Project Manager general bids for completeness and accuracy. 7.7.7 Review bidder responses for alternates and make written recommendations as to their acceptance. 7.7.8 If the Project must be re-bid because of a defect in the bid documents prepared by the Designer, or in procedures proposed by the Designer, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 7.7.9 If within three (3) months after approval of Construction Contract Documents, in final form, the bids of the lowest responsible and eligible bidders or negotiated proposals exceed the approved Project Construction Budget, the provisions of Article 4.10 shall apply. 7.7.10 If the Owner awards a construction contract for an amount that exceeds the amount established in the Project Construction Budget, such an award will not affect the Fee for Basic Services.

Bidding Phase. 7.7.1 7.8.1 The Designer shall, when authorized by the Owner, prepare for reproduction and distribution the construction bid documents, including advertisements, documents required for the solicitation and receipt of proposals statements of qualifications and bids from construction contractors, and for execution of the Owner-Contractor AgreementTrade Contractors. The Designer shall prepare all addenda (to include bidder questions and Designer responses), subject to the Approval of the Owner and the AuthorityOwner. The Designer shall attend the pre-bid conference if one is scheduled, taking note of all questions asked. Relevant questions submitted in writing shall be answered by the Designer by means of written addenda to the bid documents as required. The Designer shall attend each bid opening and, with the assistance of the OPM, conduct a review of the qualifications of the low filed sub-bidders and general bidder Trade Contractors (and of other bidders if necessary) and shall, within five working days of the respective bid opening dates, advise the Owner in writing of the Designer’s opinions as to the sub-bidders’ bids of Trade Contractors (and as to which general bidder is the responsible and eligible bidder that has submitted the lowest bidof other bidders if necessary). 7.7.2 The Designer shall assist the Owner in the prequalification of prime contractors and subcontractors in the filed sub-bidder or trade contractor scopes of work pursuant to M.G.L. c. 149, §§44D½ and 44D¾, including participation as a member of the Owner’s Prequalification Committee. 7.7.3 7.8.2 The Designer shall receive all inquiries relating to the bid documents and, when necessary, answer questions by preparing and issuing written addenda. The Owner shall review and approve all such addenda prior to issuance to bidders. 7.7.4 When sub-bids are required: (a) Attend sub-7.8.3 There may be multiple bid openingspackages for the Project. Multiple bid packages may be assembled and bid concurrently or consecutively as a portion of the Project. Portions of the Project may be bid separately from other portions. The Designer shall appropriately staff and structure its design and construction phase performance to assist the Owner in the preparation, issuance, bidding and negotiation, if any, of so- called early bid packages as provided in M.G.L. c. 149A, § 7(b)(3). (b) Assist in reviewing sub-bids with 7.8.4 If the Owner for completeness and accuracy. (c) Assess sub-bid amounts relative to cost estimates. (d) Assist in checking references of sub-bidders and make written recommendations as to their qualifications, only required for projects in which pre-qualification Project has not occurred. (e) Issue a letter of recommendation to Owner upon acceptance of sub-bids, identify any categories to be re-bid and reason(s) therefor. (f) Prepare and distribute bid, or the filed sub-bid tabulation to all prospective bidders. The tabulation shall be reviewed and approved by the Owner prior to its issuance to bidders. 7.7.5 Unless otherwise directed by the Owner, attend and conduct the general bid opening. 7.7.6 Review with the Owner and the OPM’s general bids for completeness and accuracy. 7.7.7 Review bidder responses for alternates and make written recommendations as to their acceptance. 7.7.8 If the Project GMP Amendment must be re-bid negotiated and amended because of a defect in the bid documents prepared by the Designer, Designer or in procedures proposed by the Designer, the Designer shall correct the defect and take the necessary actions for re-bidding the Project on proper bid documents without any additional compensation to the Designer. 7.7.9 If within three (3) months after approval of Construction Contract Documents, in final form, 7.8.5 The Designer shall review alternates and make written recommendations to the bids of the lowest responsible and eligible bidders or negotiated proposals exceed the approved Project Construction Budget, the provisions of Article 4.10 shall applyOwner as to their acceptance. 7.7.10 7.8.6 If the Owner awards executes a construction contract GMP Amendment for an amount that exceeds the amount established in the Project Construction Budget, such an award will not affect the Fee for Basic Services. 7.8.7 Trade Contractor Selection Process (a) Trade Contractor Prequalification pursuant to M.G.L. c. 149A, §8(c) 1. The Designer shall participate as a member of the Owner’s Trade Contractor Prequalification Committee established by the Owner pursuant to M.G.L. c.149A, § 8(b). 2. The Designer shall review the information provided by the CM at Risk describing the work to be required of each Trade Contractor and shall assist the Owner in the preparation of the Request for Qualifications for Trade Contractors to be used to solicit responses from eligible Trade Contractors and to prequalify Trade Contractors for participation in the Project. (b) Request for Bids for Trade Contractor Services pursuant to M.G.L. c. 149A, §8(g) 1. The Designer shall assist and advise the Owner in the preparation of the Invitation for Bids for Trade Contractor services in accordance with the provisions of M.G.L. c. 149A, §8. 2. The Designer shall attend all pre-bid conferences and meetings.