Common use of SUBCONTRACTS AND PURCHASE ORDERS Clause in Contracts

SUBCONTRACTS AND PURCHASE ORDERS. 8.1 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. All subcontracts and purchase orders shall 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 Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance to fund the cost differential. All subcontracts shall, so far as applicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work. 8.2 If the CITY shall designate 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 Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential. 8.3 All subcontracts shall, so far as practicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work.

SUBCONTRACTS AND PURCHASE ORDERS. 8.1 11.1 Unless waived in writing writing, for good cause, by the CITY or its PROJECT MANAGER, the CONTRACTOR must obtain competitive pricing and subcontractssubcontract, in compliance with the requirements of this ArticleArticle 10, for One Hundred Percent (100%) of the ContractorCONTRACTOR’s Direct Construction Cost required under this Contract. 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 the CONTRACTOR'S and PROJECT MANAGER's '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 advise the PROJECT MANAGER has approved of the award of any such subcontract or purchase ordersubcontractors 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 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 and 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 'S interest; and that, in the event this Contract is terminated for any reason, the subcontractor shall, at the CITY’s '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. 11.2 COUNTY BUSINESS ENTERPRISE CERTIFIED FIRMS CONTRACTOR shall take certain affirmative steps when subcontracting to assure that firms certified under Broward County’s Certified Business Enterprise Program are used when possible. 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 Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended The affirmative steps required to be taken by the CONTRACTOR is referred shall include (1) placing C.B.E. certified enterprises on solicitation lists; (2) assuring that C.B.E. enterprises are solicited whenever they are potential sources; and (3) using the services and assistance of the Broward County Office of Economic and Small Business Development. In order to herein as comply with this section, the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price CONTRACTOR shall be increased by required during the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance contract process to fund the cost differential. All subcontracts shall, so far as applicable, contain unit prices take affirmative steps to comply with items (1) through (3) above to ensure that C.B.E. enterprises are solicited whenever possible and any other feasible formula for use in determination of the cost of changes in the Work. 8.2 If the CITY shall designate 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 Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased necessary to provide information to substantiate all items required by the amount of the preferred subcontractor cost differentialitems (1) through (3) above. 8.3 All subcontracts shall, so far as practicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work.

SUBCONTRACTS AND PURCHASE ORDERS. 8.1 Unless waived in writing for good cause, by the CITY or its PROJECT MANAGERCA, the CONTRACTOR must obtain competitive pricing and subcontractssubcontract, in compliance with the requirements of this ArticleArticle 11, for One Hundred Percent (100%) of the Contractor’s CONTRACTOR's Direct Construction Cost required under this ContractAgreement. Subcontracts and purchase orders, involving amounts not in excess of Ten Thousand Dollars ($10,000) may be awarded without the prior approval of the CA, except that all Early Investigation Work requires approval of the CA. All other subcontracts and purchase orders shall be awarded according to the following procedure: : 11.1 The CONTRACTOR shall prepare for the PROJECT MANAGER's CPM’s, PMO’s and CA’s review and approval a list of subcontractors Subcontractors and suppliers for each bid who meet the CONTRACTOR'S ’s schedule of minimum requirements. The CONTRACTOR shall obtain bids from a minimum of three (3) such subcontractors Subcontractors for each subcontract, when available. Otherwise, the CONTRACTOR shall provide documentation to the satisfaction of the OESBD demonstrating the circumstances where a minimum of three (3) Subcontractors are not available. After receiving such bids, the CONTRACTOR shall analyze them and make recommendations to the PROJECT MANAGER's CPM, PMO, and CA for awards. CONTRACTOR shall provide to the CPM, PMO, and CA a copy of each Subcontractor’s bid sheet or tabulation and schedule of values including composition of payroll burdens and, when requested, any other documentation in its possession pertaining to such bids. When the PROJECT MANAGER has CPM, PMO and CA have 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 CITYCOUNTY, with the specified subcontractor Subcontractor or supplier. The CONTRACTOR’s subcontract form shall provide provide: that the subcontractor Subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this Contract Agreement and the other Contract Documents; that the subcontractor shall be Subcontractor is bound to the CONTRACTOR, CONTRACTOR to the same extent terms and conditions 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 interestCOUNTY; and shall further provide that, in the event this Contract Agreement is terminated for any reason, that the subcontractor Subcontractor shall, at the CITYCOUNTY’s option, perform its subcontract for the CITYCOUNTY, or for a CONTRACTOR contractor designated by the CITYCOUNTY, without additional or increased cost, provided the subcontractor Subcontractor is paid in accordance with its subcontract. The CONTRACTOR shall sign and cause each subcontractor Subcontractor to sign an Assignment of Rights under Construction Subcontract. Nothing contained herein shall impose on the CITY COUNTY an obligation to assume any subcontract or make any payments payment to any subcontractor Subcontractor to performperform pursuant to this Section 11.1, and nothing contained herein shall create any contractual relationship between the CITY COUNTY and any subcontractorSubcontractor. Costs incurred by COUNTY or CONTRACTOR due to CONTRACTOR’s failure to incorporate the provisions of this Agreement into each Subcontractor’s Agreement shall be the CONTRACTOR’s responsibility, and at no additional costs to the COUNTY. 11.2 If the PROJECT MANAGER r's COUNTY, or CA, as applicable, shall approve designate as the selected subcontractor Subcontractor or supplier a bidder whose bid exceeds that of the bidder recommended by the CONTRACTOR, whose bid complies with the Contract Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance to fund the cost differential. All subcontracts shall, so far as applicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work. 8.2 If the CITY shall designate 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 Documents (the amount by which the bid of the selected subcontractor Subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the preferred subcontractor Subcontractor cost differential), then the PROJECT MANAGER CA may designate that the Guaranteed Maximum Price preferred Subcontractor cost differential shall be charged against any surplus amounts within the County’s Contingency for Direct Cost or the GMP shall be increased by the amount of the preferred subcontractor Subcontractor cost differentialdifferential in accordance with the Change Order procedure in Article 7. 8.3 11.3 All subcontracts shallshall contain a schedule of values and labor rates including burden, so far as practicableoverhead and profit, contain unit prices and any other feasible formula for use in the determination of the cost of changes in the Work.

SUBCONTRACTS AND PURCHASE ORDERS. 8.1 Unless waived in writing for good cause, by the CITY or its PROJECT MANAGER, the CONTRACTOR Construction Manager must obtain competitive pricing and subcontracts, in compliance with the requirements of this Article, for One Hundred Percent (100%) of the ContractorConstruction Manager’s Direct Construction Cost required under this Contract. All subcontracts and purchase orders shall be awarded according to the following procedure: The CONTRACTOR Construction Manager shall prepare for the PROJECT MANAGER's review and approval a list of subcontractors and suppliers for each bid who meet the CONTRACTOR'S Construction Manager's schedule of minimum requirements. The CONTRACTOR Construction Manager shall obtain bids from a minimum of three (3) such subcontractors for each subcontract, when available. After receiving such bids, the CONTRACTOR 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 CONTRACTOR 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 CONTRACTORConstruction Manager, to the same extent as the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR Construction Manager designated by the CITY, without additional or increased cost, provided the subcontractor is paid in accordance with its subcontract. The CONTRACTOR 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 CONTRACTORConstruction Manager, whose bid complies with the Contract Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR Construction Manager is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance to fund the cost differential. All subcontracts shall, so far as applicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work. 8.2 If the CITY shall designate as the selected subcontractor or supplier a bidder whose bid exceeds that of the bidder recommended by the CONTRACTORConstruction Manager, whose bid complies with the Contract Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR Construction Manager is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential. 8.3 All subcontracts shall, so far as practicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work.

SUBCONTRACTS AND PURCHASE ORDERS. 8.1 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 ContractA. Approved Subcontractors. All subcontracts and purchase orders Contractor shall 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 not subcontract performance 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 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 applicable provisions of this Contract and their respective obligations under the other Contract DocumentsContract; that it and each of them has the subcontractor shall be bound financial and technical capability 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 insurancesatisfy their respective obligations hereunder; that it and each of them are properly licensed, equipped, financed and organized to perform the subcontractor shall provide an insurance certificate evidencing the same; that the CONTRACTOR shall have the right to terminate the subcontract Work in the same manner 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 same method 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 provided 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 this Contract by the CITY, or as otherwise provided in the subcontract, whichever is more protective of the CITY’s interest; and thatContract, 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 addition to any subcontractor to perform, and nothing contained herein shall create any contractual relationship between other remedy available under law or 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 Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential or utilize the Contingency Allowance to fund the cost differential. All subcontracts shall, so far as applicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the WorkContract. 8.2 If the CITY shall designate 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 Documents (the amount by which the bid of the selected subcontractor exceeds the bid of the bidder recommended by the CONTRACTOR is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential. 8.3 All subcontracts shall, so far as practicable, contain unit prices and any other feasible formula for use in determination of the cost of changes in the Work.