SUBCONTRACTS AND OTHER AGREEMENTS Sample Clauses

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor’s own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a “Subcontract” and collectively “Subcontracts”). 9.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the right to review and approve each form of Subcontract. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.

SUBCONTRACTS AND OTHER AGREEMENTS. COMPLIANCE WITH PUBLIC BIDDING STATUTES AND OTHER APPLICABLE LAWS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager in accordance with Section 3.1.11. The Owner maintains a list of bidders qualified under Chapter 43 of the Milwaukee County Code of Ordinances (“MCO”) and may designate from such list specific persons from whom, or entities from which, the Construction Manager shall obtain bids. Unless otherwise directed by the Owner, the Construction Manager shall solicit bids on behalf the Owner and manage the bidding process, which management shall include, without limitation, the following activities: (a) separating the Work into appropriate bid packages approved by Owner that conform to Owner’s specifications and applicable law and include, at a minimum, the requirement to comply with Milwaukee County’s Targeted Business Enterprise (TBE) requirements under MCO §42.07, residency requirements under MCO §44.17 and DBE requirements as outlined in Attachment A – Request for Proposal (if applicable); (b) developing and delivering for Owner’s approval a list of bidders qualified under MCO Chapter 43 or which will become qualified prior to submitting a bid; (c) distributing bidding documents; (d) conducting all pre-bid conferences; and (e) directing all bidders to deliver their sealed bids directly to the Owner. Unless otherwise directed or permitted by the Owner, the Construction Manager shall obtain at least three (3) bids for each division or package. The Owner may reject all bids and require that portion of the Work to be rebid. The Owner shall have sole control over the selection of the lowest responsible bidder for each bid package that meets all the qualification requirements. Provided that the Construction Manager meets the qualifications required of all bidders, the Construction Manager may submit its own sealed bid for each bid package. The Owner shall have the right to receive and audit all records of the Construction Manager related to the Project, including without limitation all communications between the Construction Manager and any contractors the Construction Manager has consulted with during the Preconstruction Phase in its development of the bid packages. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipm...

SUBCONTRACTS AND OTHER AGREEMENTS. § 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Contractor and the Architect, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. § 10.2 When a specific bidder (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 10.3 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 without the prior consent of the Owner. If the Subcontract is awarded on a cost-plus a fee basis, the Contractor 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 Contractor in Article 11, below.

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Contractor and Architect, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom there is reasonable objection on the Contractor's part. 10.2 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 without the prior consent of the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. 11.1 Those portions of the Work that the DB does not customarily perform with the DB's own personnel shall be performed under subcontracts or by other appropriate agreements with the DB. The Owner may designate specific persons from whom, or entities from which, the DB shall obtain bids. The DB shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work. The Owner shall then determine, with the advice of the DB, which bids will be accepted. The DB shall not be required to contract with anyone to whom the DB has reasonable objection. 11.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Contract and shall not be awarded on the basis of Cost Plus a Fee without the prior consent of the Owner.

SUBCONTRACTS AND OTHER AGREEMENTS. All portions of the DC Project work that Bechtel does not perform with its employees shall be performed pursuant to written subcontracts and, where applicable, sub-subcontracts or material purchase orders (collectively, "SUBCONTRACTS") with licensed or otherwise properly qualified subcontractors, sub-subcontractors, laborers, architects, design professionals, engineers, surveyors, consultants, equipment lessors, and material suppliers (collectively, "SUBCONTRACTORS"). It is the intention of the parties hereto that Bechtel shall act as a general contractor in connection with Bechxxx'x xxxformance of the Construction Services hereunder. Bechtel shall secure at least three (3) qualified bids from Subcontractors on each item in the construction of a DC Project (excluding those included in the General Work Requirements), including, without limitation, those performed by Bechtel, unless otherwise agreed to by Webvan. Bechtel shall promptly deliver to Webvan for each DC Project a summary of all bids received, together with Bechxxx'x xxxlysis and recommendations for awards. In addition, upon Webvan's request from time to time, Bechtel shall deliver to Webvan complete copies of all bids received and all other pertinent data. Webvan may attend all bid openings. Bechtel shall keep all bid results confidential. Bechtel shall certify that, to the best of Bechxxx'x xxxwledge, each bid is bona fide, complete and reasonable. As part of its bid analysis, Bechtel shall notify Webvan of any bid that deviates from the Contract Documents. Webvan's approval of a bid on a Subcontract shall not constitute approval of a deviation or omission from the Contract Documents. Any approved deviation or omission from the Contract Documents shall occur only by means of a Change Order. 2.5.8.1 All Subcontractors and Subcontracts for the procurement, assembly, installation, start-up, testing and calibration of Operating Equipment and any additional refrigeration systems or equipment shall be subject to Webvan's prior written approval. In addition, Webvan reserves the right to reject any Subcontractor or any bid of a Subcontractor at any time prior to award. Webvan shall have five (5) business days after it receives Bechxxx'x xxxtten recommendations to approve or disapprove Bechxxx'x xxxommendations for all Subcontractors and Subcontracts for the procurement, assembly, installation, start-up, testing and calibration of Operating Equipment and other refrigeration systems and equipment and to r...

SUBCONTRACTS AND OTHER AGREEMENTS. (a) The beneficiary shall not subcontract any portion of the Eligible Activities to be provided hereunder without the prior written consent of the County. Any subcontracting hereunder that is approved by the County shall be by written subcontract or sub-agreement by and between the beneficiary and its subcontractor and shall expressly or by incorporation by reference subject each such subcontract or sub-agreement to each provision of this Agreement. The beneficiary acknowledges and agrees that it is and remains primarily liable to the County for the Eligible Activities and the award pursuant to the terms and conditions of this Agreement. (b) The beneficiary further agrees that, prior to the execution of any contract or other legal instrument concerning Eligible Activities, it will submit said contract to the County for its prior written approval.

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 The Work shall be bid or solicited as required by the Authority and awarded to Subcontractors in strict accordance with the Contract Documents and performed pursuant to the terms and conditions of the approved form of Subcontract to be executed between the Construction Manager and all Subcontractors. For Work not yet awarded, the Construction Manager shall obtain bids or solicit competitive proposals as determined by the Authority from Subcontractors and from Suppliers and shall deliver all such bids to the Authority for review and approval by the Authority. Any bid or proposal shall include a detailed accounting for any sales/use taxes that Construction Manager, Subcontractor, or Supplier expects to incur or include in Costs of the Work. Such accounting shall include type of tax (sales, use, excise, etc.), tax amount, tax rate, tax jurisdiction and shall be provided prior to commencing work on the Project. The Construction Manager will recommend to the Authority which Subcontractors and Suppliers it proposes to use, which selection shall be subject to the approval of the Authority, such approval not to be unreasonably withheld. The Authority may designate specific persons or entities from which the Construction Manager shall obtain bids or proposals; however, if the GMP has been approved by the Authority, the Authority may not prohibit the Construction Manager from obtaining bids or proposals from other firms that meet the qualification requirements established in the Contract Documents to perform that portion of the Work. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. 10.2 Each Subcontract shall: (1) preserve and protect the rights of the Authority under this Construction Services Agreement with respect to the Work to be performed under the Subcontract so that the subcontracting thereof will not prejudice such rights; (2) require the Subcontractor to represent and warrant that it is knowledgeable, to the extent required by the Subcontractor’s portion of the Work to be performed, of the Applicable Laws, NFL Rules and Regulations, and applicable codes, standards, rules and regulations applicable to a Project of this type in Minnesota and agree to comply with each of the foregoing; (3) require the Subcontractor to represent and warrant that it is experienced and fully qualified to perform the portion of the Work contemplated to be performed by the Subcontractor; (4) requ...

SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 Those portions of the Work that the CM does not customarily perform with the CM's own personnel shall be performed under subcontracts or by other appropriate agreements with the CM. The Owner may designate specific persons from whom, or entities from which, the CM shall obtain bids. The CM shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work. The Owner shall then determine, with the advice of the CM, which bids will be accepted. The CM shall not be required to contract with anyone to whom the CM has reasonable objection. 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Contract and shall not be awarded on the basis of Cost Plus a Fee without the prior consent of the Owner.