Common use of SUBCONTRACTS AND PURCHASE ORDERS Clause in Contracts

SUBCONTRACTS AND PURCHASE ORDERS. A. Approved Subcontractors. Contractor shall not subcontract performance of any portion of the Work under the Contract without the prior written consent of Owner. Owner’s consent to such subcontractors shall not be unreasonably withheld. Contractor represents and warrants that each Subcontractor performing any portion of the Work pursuant to Owner’s written consent shall be fully experienced and properly qualified to perform the Work and all of their respective obligations under the Contract; that it and each of them has the financial and technical capability to satisfy their respective obligations hereunder; that it and each of them are properly licensed, equipped, financed and organized to perform the Work in the State and any other jurisdiction where the performance of the Work will occur. Any Subcontractor not so duly licensed in the State and jurisdiction where the performance of the Work will occur shall not be permitted to perform any portion of the Work under the Contract. If requested by Owner or Owner's Representative, Contractor shall furnish Owner or Owner's Representative a copy of the proposed subcontract (with price deleted if the subcontracted Work is part of fixed price Work of Contractor under the Contract) for Owner's or Owner's Representative's review of the terms and conditions thereof and shall not execute such subcontract until Owner or Owner's Representative has given notice of non-objection to such terms. Failure of Contractor to comply with this Article 13.1 may be deemed by Owner or Owner's Representative to be a material breach of the Contract. Contractor shall not change a Subcontractor, person or entity previously selected if Owner or Owner's Representative makes a reasonable objection to such change. A Contractor may not own any interest in a Subcontractor, Sub-subcontractor or Supplier, directly or indirectly, either as a shareholder, partner, member, trustee or any other form of ownership whatsoever, without disclosing such ownership interest to Owner and obtaining Owner's written permission to work with such Subcontractor, Sub-subcontractor or Supplier. The failure to disclose information to Owner regarding such ownership interest held by Contractor in a Subcontractor, Sub-subcontractor or Supplier may be grounds for termination of the Contract, in addition to any other remedy available under law or the Contract.

SUBCONTRACTS AND PURCHASE ORDERS. A. Approved Subcontractors8.1 Unless waived in writing for good cause, by the CITY or its PROJECT MANAGER, the Construction Manager must obtain competitive pricing and subcontracts, in compliance with the requirements of this Article, for One Hundred Percent (100%) of the Construction Manager’s Direct Construction Cost required under this Contract. Contractor All subcontracts and purchase orders shall not subcontract performance be awarded according to the following procedure: The Construction Manager shall prepare for the PROJECT MANAGER's review and approval a list of subcontractors and suppliers for each bid who meet the Construction Manager's schedule of minimum requirements. The Construction Manager shall obtain bids from a minimum of three (3) such subcontractors for each subcontract, when available. After receiving such bids, the Construction Manager shall analyze them and make recommendations to the PROJECT MANAGER's for awards. When the PROJECT MANAGER has approved the award of any such subcontract or purchase order, the Construction Manager shall contract solely in its own name and behalf, and not in the name or behalf of the CITY, with the specified subcontractor or supplier. The subcontract shall provide that the subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this Contract and the other Contract Documents; that the subcontractor shall be bound to the Construction Manager, to the same extent as the Construction Manager is bound to the CITY, to name the CITY as an additional insured on its comprehensive general liability insurance; that the subcontractor shall provide an insurance certificate evidencing the same; that the Construction Manager shall have the right to terminate the subcontract in the same manner and by the same method as provided for termination of this Contract by the CITY, or as otherwise provided in the subcontract, whichever is more protective of the CITY’s interest; and that, in the event this Contract is terminated for any reason, the subcontractor shall, at the CITY’s option, perform its subcontract for the CITY, or for a Construction Manager designated by the CITY, without additional or increased cost, provided the subcontractor is paid in accordance with its subcontract. The Construction Manager shall sign and cause each subcontractor to sign an Assignment of Rights under Construction Subcontract. Nothing contained herein shall impose on the CITY an obligation to assume any subcontract or make any payments to any subcontractor to perform, and nothing contained herein shall create any contractual relationship between the CITY and any subcontractor. If the PROJECT MANAGER r's shall approve as the selected subcontractor or supplier a bidder whose bid exceeds that of the bidder recommended by the Construction Manager, whose bid complies with the Contract without Documents (the prior written consent of Owner. Owner’s consent to such subcontractors shall not be unreasonably withheld. Contractor represents and warrants that each Subcontractor performing any portion amount by which the bid of the Work pursuant selected subcontractor exceeds the bid of the bidder recommended by the Construction Manager is referred to Owner’s written consent herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be fully experienced and properly qualified increased by the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance to perform fund the Work and all of their respective obligations under the Contract; that it and each of them has the financial and technical capability to satisfy their respective obligations hereunder; that it and each of them are properly licensedcost differential. All subcontracts shall, equippedso far as applicable, financed and organized to perform the Work in the State contain unit prices and any other jurisdiction where the performance feasible formula for use in determination of the Work will occur. Any Subcontractor not so duly licensed cost of changes in the State and jurisdiction where the performance of the Work will occur shall not be permitted to perform any portion of the Work under the Contract. If requested by Owner or Owner's Representative, Contractor shall furnish Owner or Owner's Representative a copy of the proposed subcontract (with price deleted if the subcontracted Work is part of fixed price Work of Contractor under the Contract) for Owner's or Owner's Representative's review of the terms and conditions thereof and shall not execute such subcontract until Owner or Owner's Representative has given notice of non-objection to such terms. Failure of Contractor to comply with this Article 13.1 may be deemed by Owner or Owner's Representative to be a material breach of the Contract. Contractor shall not change a Subcontractor, person or entity previously selected if Owner or Owner's Representative makes a reasonable objection to such change. A Contractor may not own any interest in a Subcontractor, Sub-subcontractor or Supplier, directly or indirectly, either as a shareholder, partner, member, trustee or any other form of ownership whatsoever, without disclosing such ownership interest to Owner and obtaining Owner's written permission to work with such Subcontractor, Sub-subcontractor or Supplier. The failure to disclose information to Owner regarding such ownership interest held by Contractor in a Subcontractor, Sub-subcontractor or Supplier may be grounds for termination of the Contract, in addition to any other remedy available under law or the ContractWork.

SUBCONTRACTS AND PURCHASE ORDERS. A. Approved Subcontractors11.1 Unless waived in writing, for good cause, by the PROJECT MANAGER, the CONTRACTOR must obtain competitive pricing and subcontract, in compliance with the requirements of this Article 10, for One Hundred Percent (100%) of the CONTRACTOR’s Direct Construction Cost required under this Contract. Contractor Subcontracts and purchase orders, involving amounts not in excess of Ten Thousand Dollars ($10,000) may be awarded without the prior approval of the CITY. All other subcontracts and purchase orders shall be awarded according to the following procedure: The CONTRACTOR shall prepare for CONTRACTOR'S and PROJECT MANAGER'S review a list of subcontractors and suppliers for each bid who meet the CONTRACTOR'S schedule of minimum requirements. The CONTRACTOR shall obtain bids from a minimum of three (3) such subcontractors for each subcontract, when available. After receiving such bids, the CONTRACTOR shall analyze them and advise the PROJECT MANAGER of the subcontractors chosen for the work. Should the CONTRACTOR enter into a subcontract, the CONTRACTOR shall contract solely in its own name and behalf, and not in the name or behalf of the CITY, with the specified subcontractor or supplier. The subcontract performance of any shall provide that the subcontractor shall perform its portion of the Work under in accordance with all applicable provisions of this Contract and the other Contract without Documents; that the prior written consent of Owner. Owner’s consent to such subcontractors shall not be unreasonably withheld. Contractor represents and warrants that each Subcontractor performing any portion of the Work pursuant to Owner’s written consent subcontractor shall be fully experienced bound to the CONTRACTOR, to the same extent as the CONTRACTOR is bound to the CITY, to name the CITY and properly qualified to perform the Work and all of their respective obligations under the ContractCITY as additional insured on its comprehensive general liability insurance; that it and each of them has the financial and technical capability to satisfy their respective obligations hereundersubcontractor shall provide an insurance certificate evidencing the same; that it and each of them are properly licensed, equipped, financed and organized the CONTRACTOR shall have the right to perform terminate the Work subcontract in the State same manner and any other jurisdiction where by the performance of the Work will occur. Any Subcontractor not so duly licensed in the State and jurisdiction where the performance of the Work will occur shall not be permitted to perform any portion of the Work under the Contract. If requested by Owner or Owner's Representative, Contractor shall furnish Owner or Owner's Representative a copy of the proposed subcontract (with price deleted if the subcontracted Work is part of fixed price Work of Contractor under the Contract) for Owner's or Owner's Representative's review of the terms and conditions thereof and shall not execute such subcontract until Owner or Owner's Representative has given notice of non-objection to such terms. Failure of Contractor to comply with this Article 13.1 may be deemed by Owner or Owner's Representative to be a material breach of the Contract. Contractor shall not change a Subcontractor, person or entity previously selected if Owner or Owner's Representative makes a reasonable objection to such change. A Contractor may not own any interest in a Subcontractor, Sub-subcontractor or Supplier, directly or indirectly, either same method as a shareholder, partner, member, trustee or any other form of ownership whatsoever, without disclosing such ownership interest to Owner and obtaining Owner's written permission to work with such Subcontractor, Sub-subcontractor or Supplier. The failure to disclose information to Owner regarding such ownership interest held by Contractor in a Subcontractor, Sub-subcontractor or Supplier may be grounds provided for termination of this Contract by the ContractCITY, or as otherwise provided in the subcontract, whichever is more protective of the CITY'S interest; and that, in addition the event this Contract is terminated for any reason, the subcontractor shall, at the CITY'S option, perform its subcontract for the CITY, or for a CONTRACTOR designated by the CITY, without additional or increased cost, provided the subcontractor is paid in accordance with its subcontract. The CONTRACTOR shall sign and cause each subcontractor to sign an Assignment of Rights under Construction Subcontract. Nothing contained herein shall impose on the CITY an obligation to assume any subcontract or make any payments to any other remedy available under law or subcontractor to perform, and nothing contained herein shall create any contractual relationship between the ContractCITY and any subcontractor.

SUBCONTRACTS AND PURCHASE ORDERS. A. Approved Subcontractors8.1 Unless waived in writing for good cause, by the CITY or its PROJECT MANAGER, the CONTRACTOR must obtain competitive pricing and subcontracts, in compliance with the requirements of this Article, for One Hundred Percent (100%) of the Contractor’s Direct Construction Cost required under this Contract. Contractor All subcontracts and purchase orders shall not subcontract performance be awarded according to the following procedure: The CONTRACTOR shall prepare for the PROJECT MANAGER's review and approval a list of subcontractors and suppliers for each bid who meet the CONTRACTOR'S schedule of minimum requirements. The CONTRACTOR shall obtain bids from a minimum of three (3) such subcontractors for each subcontract, when available. After receiving such bids, the CONTRACTOR shall analyze them and make recommendations to the PROJECT MANAGER's for awards. When the PROJECT MANAGER has approved the award of any such subcontract or purchase order, the CONTRACTOR shall contract solely in its own name and behalf, and not in the name or behalf of the CITY, with the specified subcontractor or supplier. The subcontract shall provide that the subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this Contract and the other Contract Documents; that the subcontractor shall be bound to the CONTRACTOR, to the same extent as the CONTRACTOR is bound to the CITY, to name the CITY as an additional insured on its comprehensive general liability insurance; that the subcontractor shall provide an insurance certificate evidencing the same; that the CONTRACTOR shall have the right to terminate the subcontract in the same manner and by the same method as provided for termination of this Contract by the CITY, or as otherwise provided in the subcontract, whichever is more protective of the CITY’s interest; and that, in the event this Contract is terminated for any reason, the subcontractor shall, at the CITY’s option, perform its subcontract for the CITY, or for a CONTRACTOR designated by the CITY, without additional or increased cost, provided the subcontractor is paid in accordance with its subcontract. The CONTRACTOR shall sign and cause each subcontractor to sign an Assignment of Rights under Construction Subcontract. Nothing contained herein shall impose on the CITY an obligation to assume any subcontract or make any payments to any subcontractor to perform, and nothing contained herein shall create any contractual relationship between the CITY and any subcontractor. If the PROJECT MANAGER r's shall approve as the selected subcontractor or supplier a bidder whose bid exceeds that of the bidder recommended by the CONTRACTOR, whose bid complies with the Contract without Documents (the prior written consent of Owner. Owner’s consent to such subcontractors shall not be unreasonably withheld. Contractor represents and warrants that each Subcontractor performing any portion amount by which the bid of the Work pursuant selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to Owner’s written consent herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be fully experienced and properly qualified increased by the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance to perform fund the Work and all of their respective obligations under the Contract; that it and each of them has the financial and technical capability to satisfy their respective obligations hereunder; that it and each of them are properly licensedcost differential. All subcontracts shall, equippedso far as applicable, financed and organized to perform the Work in the State contain unit prices and any other jurisdiction where the performance feasible formula for use in determination of the Work will occur. Any Subcontractor not so duly licensed cost of changes in the State and jurisdiction where the performance of the Work will occur shall not be permitted to perform any portion of the Work under the Contract. If requested by Owner or Owner's Representative, Contractor shall furnish Owner or Owner's Representative a copy of the proposed subcontract (with price deleted if the subcontracted Work is part of fixed price Work of Contractor under the Contract) for Owner's or Owner's Representative's review of the terms and conditions thereof and shall not execute such subcontract until Owner or Owner's Representative has given notice of non-objection to such terms. Failure of Contractor to comply with this Article 13.1 may be deemed by Owner or Owner's Representative to be a material breach of the Contract. Contractor shall not change a Subcontractor, person or entity previously selected if Owner or Owner's Representative makes a reasonable objection to such change. A Contractor may not own any interest in a Subcontractor, Sub-subcontractor or Supplier, directly or indirectly, either as a shareholder, partner, member, trustee or any other form of ownership whatsoever, without disclosing such ownership interest to Owner and obtaining Owner's written permission to work with such Subcontractor, Sub-subcontractor or Supplier. The failure to disclose information to Owner regarding such ownership interest held by Contractor in a Subcontractor, Sub-subcontractor or Supplier may be grounds for termination of the Contract, in addition to any other remedy available under law or the ContractWork.