Common use of SUBCONTRACTS AND PURCHASE ORDERS Clause in Contracts

SUBCONTRACTS AND PURCHASE ORDERS. 11.1 Unless waived in writing for good cause by CONSULTANT or PROJECT MANAGER, CMAR must obtain competitive pricing and subcontracts, in compliance with the requirements of this Article for 100% of ▇▇▇▇’▇ direct construction cost required under this contract. Subcontracts and purchase orders, involving amounts not in excess of $25,000.00 may be awarded without the prior approval of the CONSULTANT. All other subcontracts and purchase orders shall be awarded according to the following procedure: CMAR shall prepare for CONSULTANT'S and PROJECT MANAGER'S review and approval a list of SUBCONTRACTORS and suppliers for each bid who meet ▇▇▇▇’▇ schedule of minimum requirements. CMAR shall obtain bids from a minimum of three such SUBCONTRACTORS for each subcontract, when available. After receiving such bids, CMAR shall analyze them and make recommendations to the CONSULTANT for awards. When the CONSULTANT and the PROJECT MANAGER have approved the award of any such subcontract or purchase order, CMAR 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 ▇▇▇▇ , to the same extent as ▇▇▇▇ 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 CMAR 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. CMAR 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 CONSULTANT and the PROJECT MANAGER approve as the selected SUBCONTRACTOR or supplier, a bidder whose bid exceeds that of the bidder recommended by CMAR, 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 CMAR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the GMP shall be increased by the amount of the preferred subcontractor cost differential or the Contingency Allowance. 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. 11.2 If the CITY designates a bidder as the selected SUBCONTRACTOR or supplier, and the s bid exceeds that of the recommended bidder selected by the CMAR , whose bid complies with the CONTRACT DOCUMENTS (the amount by which the bid of the CITY’s selected subcontractor exceeds the amount of the bid of the ▇▇▇▇’▇ selected bidder is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the GMP shall be increased by the amount of the preferred subcontractor cost differential. 11.3 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. 11.1 8.1 Unless waived in writing for good cause cause, by CONSULTANT the CITY or its PROJECT MANAGER, CMAR the Construction Manager must obtain competitive pricing and subcontracts, in compliance with the requirements of this Article Article, for One Hundred Percent (100% %) of ▇▇▇▇’▇ direct construction cost the Construction Manager’s Direct Construction Cost required under this contract. Subcontracts and purchase orders, involving amounts not in excess of $25,000.00 may be awarded without the prior approval of the CONSULTANTContract. All other subcontracts and purchase orders shall be awarded according to the following procedure: CMAR The Construction Manager shall prepare for CONSULTANT'S and the PROJECT MANAGER'S 's review and approval a list of SUBCONTRACTORS subcontractors and suppliers for each bid who meet ▇▇▇▇’▇ the Construction Manager's schedule of minimum requirements. CMAR The Construction Manager shall obtain bids from a minimum of three (3) such SUBCONTRACTORS subcontractors for each subcontract, when available. After receiving such bids, CMAR the Construction Manager shall analyze them and make recommendations to the CONSULTANT PROJECT MANAGER's for awards. When the CONSULTANT and the PROJECT MANAGER have has approved the award of any such subcontract or purchase order, CMAR 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 subcontractor or supplier. The subcontract shall provide that the SUBCONTRACTOR subcontractor shall perform its portion of the WORK Work in accordance with all applicable provisions of this contract Contract and the other CONTRACT DOCUMENTS Contract Documents; that the SUBCONTRACTOR 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 CMAR 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 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 Contract is terminated for any reason, the SUBCONTRACTOR subcontractor shall, at the CITY'S ’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 subcontractor is paid in accordance with its subcontract. CMAR The Construction Manager shall sign and cause each SUBCONTRACTOR 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 subcontractor to perform, and nothing contained herein shall create any contractual relationship between the CITY and any SUBCONTRACTORsubcontractor. If the CONSULTANT and the PROJECT MANAGER r's shall approve as the selected SUBCONTRACTOR subcontractor or supplier, supplier a bidder whose bid exceeds that of the bidder recommended by CMARthe Construction Manager, whose bid complies with the CONTRACT DOCUMENTS Contract Documents (the amount by which the bid of the selected SUBCONTRACTOR subcontractor exceeds the bid of the bidder recommended by CMAR the Construction Manager is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the GMP Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential or utilize the Contingency AllowanceAllowance 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 WORKWork. 11.2 8.2 If the CITY designates a bidder shall designate as the selected SUBCONTRACTOR subcontractor or supplier, and the s supplier a bidder whose bid exceeds that of the bidder recommended bidder selected by the CMAR Construction Manager, whose bid complies with the CONTRACT DOCUMENTS Contract Documents (the amount by which the bid of the CITY’s selected subcontractor exceeds the amount of the bid of the ▇▇▇▇’▇ selected bidder recommended by the Construction Manager is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the GMP Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential. 11.3 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 WORKWork.

SUBCONTRACTS AND PURCHASE ORDERS. 11.1 8.1 Unless waived in writing for good cause cause, by CONSULTANT the CITY or its PROJECT MANAGER, CMAR the CONTRACTOR must obtain competitive pricing and subcontracts, in compliance with the requirements of this Article Article, for One Hundred Percent (100% %) of ▇▇▇▇’▇ direct construction cost the Contractor’s Direct Construction Cost required under this contract. Subcontracts and purchase orders, involving amounts not in excess of $25,000.00 may be awarded without the prior approval of the CONSULTANTContract. All other subcontracts and purchase orders shall be awarded according to the following procedure: CMAR The CONTRACTOR shall prepare for CONSULTANT'S and the PROJECT MANAGER'S 's review and approval a list of SUBCONTRACTORS subcontractors and suppliers for each bid who meet ▇▇▇▇’▇ the CONTRACTOR'S schedule of minimum requirements. CMAR The CONTRACTOR shall obtain bids from a minimum of three (3) such SUBCONTRACTORS subcontractors for each subcontract, when available. After receiving such bids, CMAR the CONTRACTOR shall analyze them and make recommendations to the CONSULTANT PROJECT MANAGER's for awards. When the CONSULTANT and the PROJECT MANAGER have has approved the award of any such subcontract or purchase order, CMAR 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 subcontractor or supplier. The subcontract shall provide that the SUBCONTRACTOR subcontractor shall perform its portion of the WORK Work in accordance with all applicable provisions of this contract Contract and the other CONTRACT DOCUMENTS Contract Documents; that the SUBCONTRACTOR 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 CMAR 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 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 Contract is terminated for any reason, the SUBCONTRACTOR subcontractor shall, at the CITY'S ’s option, perform its subcontract for the CITY, or for a contractor CONTRACTOR designated by the CITY, without additional or increased cost, provided the SUBCONTRACTOR subcontractor is paid in accordance with its subcontract. CMAR 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 an obligation to assume any subcontract or make any payments to any SUBCONTRACTOR subcontractor to perform, and nothing contained herein shall create any contractual relationship between the CITY and any SUBCONTRACTORsubcontractor. If the CONSULTANT and the PROJECT MANAGER r's shall approve as the selected SUBCONTRACTOR subcontractor or supplier, supplier a bidder whose bid exceeds that of the bidder recommended by CMARthe CONTRACTOR, whose bid complies with the CONTRACT DOCUMENTS Contract Documents (the amount by which the bid of the selected SUBCONTRACTOR subcontractor exceeds the bid of the bidder recommended by CMAR the CONTRACTOR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the GMP Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential or utilize the Contingency AllowanceAllowance 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 WORKWork. 11.2 8.2 If the CITY designates a bidder shall designate as the selected SUBCONTRACTOR subcontractor or supplier, and the s supplier a bidder whose bid exceeds that of the bidder recommended bidder selected by the CMAR CONTRACTOR, whose bid complies with the CONTRACT DOCUMENTS Contract Documents (the amount by which the bid of the CITY’s selected subcontractor exceeds the amount of the bid of the ▇▇▇▇’▇ selected bidder recommended by the CONTRACTOR is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the GMP Guaranteed Maximum Price shall be increased by the amount of the preferred subcontractor cost differential. 11.3 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 WORKWork.

SUBCONTRACTS AND PURCHASE ORDERS. 11.1 Unless waived in writing writing, for good cause cause, by CONSULTANT or the PROJECT MANAGER, CMAR the CONTRACTOR must obtain competitive pricing and subcontractssubcontract, in compliance with the requirements of this Article 10, for One Hundred Percent (100% %) of ▇▇▇▇’▇ direct construction cost the CONTRACTOR’s Direct Construction Cost required under this contractContract. Subcontracts and purchase orders, involving amounts not in excess of Ten Thousand Dollars ($25,000.00 10,000) may be awarded without the prior approval of the CONSULTANTCITY. All other subcontracts and purchase orders shall be awarded according to the following procedure: CMAR The CONTRACTOR shall prepare for CONSULTANTCONTRACTOR'S and PROJECT MANAGER'S review and approval a list of SUBCONTRACTORS subcontractors and suppliers for each bid who meet ▇▇▇▇’▇ the CONTRACTOR'S schedule of minimum requirements. CMAR The CONTRACTOR shall obtain bids from a minimum of three (3) such SUBCONTRACTORS subcontractors for each subcontract, when available. After receiving such bids, CMAR the CONTRACTOR shall analyze them and make recommendations to the CONSULTANT for awards. When the CONSULTANT and advise the PROJECT MANAGER have approved of the award of any such subcontract or purchase ordersubcontractors chosen for the work. Should the CONTRACTOR enter into a subcontract, CMAR 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 subcontractor or supplier. The subcontract shall provide that the SUBCONTRACTOR subcontractor shall perform its portion of the WORK Work in accordance with all applicable provisions of this contract Contract and the other CONTRACT DOCUMENTS Contract Documents; that the SUBCONTRACTOR 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 CMAR 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 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 Contract is terminated for any reason, the SUBCONTRACTOR subcontractor shall, at the CITY'S option, perform its subcontract for the CITY, or for a contractor CONTRACTOR designated by the CITY, without additional or increased cost, provided the SUBCONTRACTOR subcontractor is paid in accordance with its subcontract. CMAR 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 an obligation to assume any subcontract or make any payments to any SUBCONTRACTOR subcontractor to perform, and nothing contained herein shall create any contractual relationship between the CITY and any SUBCONTRACTOR. If the CONSULTANT and the PROJECT MANAGER approve as the selected SUBCONTRACTOR or supplier, a bidder whose bid exceeds that of the bidder recommended by CMAR, 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 CMAR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the GMP shall be increased by the amount of the preferred subcontractor cost differential or the Contingency Allowance. 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 WORKsubcontractor. 11.2 If 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. The affirmative steps required to be taken by the CITY designates a bidder as CONTRACTOR 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 selected SUBCONTRACTOR or supplier, services and the s bid exceeds that assistance of the recommended bidder selected by Broward County Office of Economic and Small Business Development. In order to comply with this section, the CMAR , whose bid complies with the CONTRACT DOCUMENTS (the amount by which the bid of the CITY’s selected subcontractor exceeds the amount of the bid of the ▇▇▇▇’▇ selected bidder is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the GMP CONTRACTOR shall be increased required during the contract process to take affirmative steps to comply with items (1) through (3) above to ensure that C.B.E. enterprises are solicited whenever possible and shall be necessary to provide information to substantiate all items required by the amount of the preferred subcontractor cost differentialitems (1) through (3) above. 11.3 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. 11.1 Unless waived in writing for good cause by CONSULTANT or PROJECT MANAGER, CMAR must obtain competitive pricing and subcontracts, in compliance with A. Approved Subcontractors. Contractor shall not subcontract performance of any portion of the requirements of this Article for 100% of ▇▇▇▇’▇ direct construction cost required Work under this contract. Subcontracts and purchase orders, involving amounts not in excess of $25,000.00 may be awarded the Contract without the prior approval written consent of the CONSULTANTOwner. All other subcontracts Owner’s consent to such subcontractors shall not be unreasonably withheld. Contractor represents and purchase orders shall be awarded according to the following procedure: CMAR shall prepare for CONSULTANT'S and PROJECT MANAGER'S review and approval a list of SUBCONTRACTORS and suppliers for warrants that each bid who meet ▇▇▇▇’▇ schedule of minimum requirements. CMAR shall obtain bids from a minimum of three such SUBCONTRACTORS for each subcontract, when available. After receiving such bids, CMAR shall analyze them and make recommendations to the CONSULTANT for awards. When the CONSULTANT and the PROJECT MANAGER have approved the award of Subcontractor performing any such subcontract or purchase order, CMAR 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 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 DOCUMENTS Contract; that it and each of them has the SUBCONTRACTOR shall be bound financial and technical capability to ▇▇▇▇ , to the same extent as ▇▇▇▇ 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 CMAR 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. CMAR 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 the CITY and any SUBCONTRACTOR. If the CONSULTANT and the PROJECT MANAGER approve as the selected SUBCONTRACTOR or supplier, a bidder whose bid exceeds that of the bidder recommended by CMAR, 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 CMAR is referred to herein as the "preferred subcontractor cost differential"), then the PROJECT MANAGER may designate that the GMP shall be increased by the amount of the preferred subcontractor cost differential other remedy available under law or the Contingency Allowance. 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. 11.2 If the CITY designates a bidder as the selected SUBCONTRACTOR or supplier, and the s bid exceeds that of the recommended bidder selected by the CMAR , whose bid complies with the CONTRACT DOCUMENTS (the amount by which the bid of the CITY’s selected subcontractor exceeds the amount of the bid of the ▇▇▇▇’▇ selected bidder is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the GMP shall be increased by the amount of the preferred subcontractor cost differential. 11.3 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. 11.1 Unless waived in writing for good cause by CONSULTANT or PROJECT MANAGERthe CA, CMAR the CONTRACTOR must obtain competitive pricing and subcontractssubcontract, in compliance with the requirements of this Article 11, for One Hundred Percent (100% %) of ▇▇▇▇’▇ direct construction cost the CONTRACTOR's Direct Construction Cost required under this contractAgreement. Subcontracts and purchase orders, involving amounts not in excess of Ten Thousand Dollars ($25,000.00 10,000) may be awarded without the prior approval of the CONSULTANTCA, 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: CMAR : 11.1 The CONTRACTOR shall prepare for CONSULTANT'S CPM’s, PMO’s and PROJECT MANAGER'S CA’s review and approval a list of SUBCONTRACTORS Subcontractors and suppliers for each bid who meet ▇▇▇▇’▇ the CONTRACTOR’s schedule of minimum requirements. CMAR 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, CMAR the CONTRACTOR shall analyze them and make recommendations to the CONSULTANT 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 CONSULTANT CPM, PMO and the PROJECT MANAGER CA have approved the award of any such subcontract or purchase order, CMAR 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 Work in accordance with all applicable provisions of this contract Agreement and the other CONTRACT DOCUMENTS Contract Documents; that the SUBCONTRACTOR shall be bound to ▇▇▇▇ , to the same extent as ▇▇▇▇ Subcontractor is bound to the CITY, CONTRACTOR 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 CMAR shall have the right to terminate the subcontract in the same manner terms and by conditions as the same method as provided for termination of this contract by CONTRACTOR is bound to 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 CITY'S COUNTY’s option, perform its subcontract for the CITYCOUNTY, or for a contractor designated by the CITYCOUNTY, without additional or increased cost, provided the SUBCONTRACTOR Subcontractor is paid in accordance with its subcontract. CMAR 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 CONSULTANT and the PROJECT MANAGER approve COUNTY, or CA, as applicable, shall designate as the selected SUBCONTRACTOR Subcontractor or supplier, supplier a bidder whose bid exceeds that of the bidder recommended by CMARthe CONTRACTOR, whose bid complies with the CONTRACT DOCUMENTS Contract Documents (the amount by which the bid of the selected SUBCONTRACTOR Subcontractor exceeds the bid of the bidder recommended by CMAR the CONTRACTOR is referred to herein as the "preferred subcontractor Subcontractor cost differential"), then the PROJECT MANAGER CA may designate that the 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 differential or in accordance with the Contingency Allowance. Change Order procedure in Article 7. 11.3 All subcontracts shallshall contain a schedule of values and labor rates including burden, so far as applicableoverhead and profit, contain unit prices and any other feasible formula for use in the determination of the cost of changes in the WORKWork. 11.2 If the CITY designates a bidder as the selected SUBCONTRACTOR or supplier, and the s bid exceeds that of the recommended bidder selected by the CMAR , whose bid complies with the CONTRACT DOCUMENTS (the amount by which the bid of the CITY’s selected subcontractor exceeds the amount of the bid of the ▇▇▇▇’▇ selected bidder is referred to herein as the preferred subcontractor cost differential), then the PROJECT MANAGER may designate that the GMP shall be increased by the amount of the preferred subcontractor cost differential. 11.3 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.