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.4 When in the best interests of the Project and when critical to the successful completion of a subcontract bid package,the Owner and Construction Manager may make a Prebid determination of Subcontractor eligibility in accordance with RCW 39.10. In addition,if the anticipated subcontract value will exceed$3 million and the Owner consents,the Construction Manager may select a mechanical Subcontractor,an electrical Subcontractor,or both,in accordance with the alternative procedure specified in RCW 39.10.385. .5 As part of its Subcontracting Plan,the Construction Manager shall promptly notify the Owner of Work (other than Negotiated Support Services and Specified General Conditions)that it will seek to self- perform. The Construction Manager,including its subsidiaries and affiliates,may bid on a subcontract bid package if the Work within the subcontract bid package is customarily performed by the Construction Manager, if the Construction Manager has,in the Owner's reasonable opinion,aggressively sought competition, if the bid opening is managed by the Owner,if notification of the Construction's Manager's intention to bid is included in the public solicitation of bids for the bid package,and if the Construction Manager otherwise complies with RCW 39.10.In no event may the total value of subcontract work performed by the Construction Manager exceed thirty percent(30%)of the MACC negotiated as part of the GMP Amendment.The Construction Manager must provide staff to superintend and manage Work it performs in subcontract bid packages with individuals separate and distinct from the staff involved in the overall management of this Contract.The Construction Manager shall coordinate subcontract bid package Work it performs with the Work of Subcontractors. .6 The Construction Manager shall require a bid bond from Subcontractors'bidding Work expected to cost more than$300,000,and all Subcontractors awarded a subcontract in excess of$300,000 shall provide a performance and payment bond for the subcontract amount. .7 The Construction Manager's solicitations of subcontract bid packages shall be made in accordance with the following procedures: .a A representative from the Project Manager or the Owner will participate at each bid opening to observe the procedure. .b Solicitations for bids will be advertised by the Construction Manager at least fourteen(14)days in advance in the Daily Journal of Commerce and the Everett Herald. .c Bidders may obtain the bid results by telephone from the Construction Manager. .d Responsiveness requirements and bidding procedures will be described in each solicitation and may be reviewed with the Owner prior to a bid opening. .8 The services performed by the Construction Manager in soliciting subcontract bid packages are covered under Specified General Conditions. .9 The Construction Manager shall ensure compliance with RCW 39.10 and with all the above requirements for Subcontractor solicitation,and subcontracts shall conform to the requirements of RCW 39.10. .10 The Construction Manager shall promptly contract with the selected bidder and shall promptly deliver a copy of each subcontract to the Owner. §3.3.2.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee,except for any contracts awarded under RCW 39.10.385 which shall include a maximum allowable subcontract cost. If a Subcontract is awarded under RCW 39.10.385,the Construction Manager shall provide in the Subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager,and these Subcontractors shall be audited prior to final payment in accordance with Article 10. §3.3.2.3 The Construction Manager shall schedule and conduct weekly progress meetings to discuss such matters as procedures,progress,coordination,scheduling,and status of the Work.The Owner shall prepare and promptly distribute minutes to the Architect and Construction Manager. §3.3.2.4 Upon the execution of the GMP Amendment,the Construction Manager shall prepare and submit to the Owner, the Project Manager and Architect a construction schedule for the Work(the"Construction Schedule")and submittal schedule in accordance with Section 3.10 of the revised General Conditions and other Contract Documents.The Construction Schedule shall be incorporated into the larger Project/Phasing Schedule,including Pre-Construction and parallel projects,if any,under separate contract.The Construction Manager shall provide regular monitoring and shall ALA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1rJ without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1279676012)