Common use of Contractors and Subcontractors Clause in Contracts

Contractors and Subcontractors. Contractor shall not subcontract any portion of the work without the prior express written authorization of PCTPA. If PCTPA consents to a subcontract, Contractor shall be fully responsible for all work performed by the subcontractor. a. PCTPA reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement. b. Nothing contained in this Agreement or otherwise, shall create any contractual relation between PCTPA and any subcontractor, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to PCTPA for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its subcontractors is an independent obligation from PCTPA’s obligation to make payments to the Contractor. c. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by PCTPA’s Project Manager, except that which is expressly identified in the approved Cost Proposal. d. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to Contractor by PCTPA. e. Any contract or sub-contract shall contain the same applicable provisions of this Agreement, and shall require the contractor and its subcontractors, if any, to: (1) Comply with applicable State and Federal requirements that pertain to, among other things, labor standards, non-discrimination, the Americans with Disabilities Act, Equal Employment Opportunity, and Drug-Free Workplace, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq., 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200, and “Contract Cost Principles and Procedures.” Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any part of it. (2) Maintain unemployment insurance and disability insurance as required by law, along with liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the Contractor or any subcontractor in performing work associated with this Agreement or any part of it. (3) Retain all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for a period of three(3) years from the date of termination of this Agreement, or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. (4) Permit PCTPA and/or its designees, upon reasonable notice, unrestricted access to any or all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials. (5) Comply with all applicable requirements of Title 49, Part 26 of the Code of Federal Regulations, as set forth in Section 42, Disadvantaged Business Enterprise Participation. f. Any substitution of subcontractors must be approved in writing by PCTPA’s Project Manager prior to the start of work by the subcontractors.

Contractors and Subcontractors. Contractor shall not subcontract any portion of the work without the prior express written authorization of PCTPA. If PCTPA consents to a subcontract, Contractor shall be fully responsible for all work performed by the subcontractorSACOG. a. PCTPA SACOG reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement. Subcontractors performing any work identified in Exhibit A to this Agreement shall be competitively procured in accordance with all applicable local, state and federal laws, rules and regulations, including the Caltrans Local Assistance Program Manual. Contractor agrees to include SACOG’s Project Manager in any selection process for any subcontracted work performed under this Agreement. b. Nothing contained in this Agreement or otherwise, shall create any contractual relation between PCTPA SACOG and any subcontractor, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to PCTPA SACOG for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its subcontractors is an independent obligation from PCTPASACOG’s obligation to make payments to the Contractor. c. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by PCTPASACOG’s Project Manager, except that which is expressly identified in the approved Cost Proposal. d. Contractor shall pay its subcontractors within ten fifteen (1015) calendar days from receipt of each payment made to Contractor by PCTPASACOG. e. Any contract or sub-contract subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the same provisions stipulated in this Agreement to be applicable provisions of this Agreement, and shall require the contractor and its to subcontractors, if any, toincluding: (1) Comply with applicable State and Federal requirements laws that pertain to, among other things, labor standards, nonNon-discriminationDiscrimination, the Americans with Disabilities Act, Equal Employment Opportunity, and the Drug-Free WorkplaceWorkplace Act, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq., 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200, and “Contract Cost Principles and Procedures.” SAMPLE (2) Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any part of it. (23) Maintain unemployment insurance and disability insurance as required by law, along with liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the Contractor or any subcontractor in performing work associated with this Agreement or any part of it. (34) Retain all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for a period of three(3three (3) years from the date of termination of this Agreement, or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. (45) Permit PCTPA SACOG and/or its designees, upon reasonable notice, unrestricted access to any or all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials. (56) Comply with all applicable requirements of Title 49, Part 26 of the Code of Federal Regulations, as set forth in Section 4231, Disadvantaged Business Enterprise Participation. f. Any substitution of subcontractors must be approved in writing by PCTPASACOG’s Project Manager prior to the start of work by the subcontractors.

Contractors and Subcontractors. Contractor 28.1 Nothing in this Agreement shall prevent the Parties from utilizing the services of contractors and subcontractors as they deem appropriate, provided, however, the Parties agree that, where applicable, all said subcontractors shall comply with the terms and conditions of this Agreement. 30 28.2 The creation of any subcontract relationship shall not subcontract relieve the hiring Party of any portion of the work without the prior express written authorization of PCTPAits obligations under this Agreement. If PCTPA consents to a subcontract, Contractor Each Party shall be fully responsible to the other Party for all work performed the acts and/or omissions of any contractor or subcontractor it hires as if no contract or subcontract had been made. Any obligation imposed by this Agreement upon the Parties, where applicable, shall be equally binding upon and shall be construed as having application to any contractor or subcontractor. a. PCTPA reserves the right to review and approve any contract 28.3 No contractor or agreement subcontractor is intended to be funded in whole or in part using funds provided under shall be deemed a third-Party beneficiary of this Agreement. b. Nothing contained in this Agreement 28.4 To the fullest extent permitted by law, Buyer shall require its contractor and subcontractors to indemnify and hold harmless and defend Seller, its parent and affiliates and their officers, directors, employees, agents, and assigns from and against any and all claims and/or liability for damage to property, injury to or death of any person, including Seller's employees, Buyer's employees and their affiliates' employees, or any other liability incurred by Seller or its parent or affiliates including all expenses, legal or otherwise, shall create to the extent caused, by any contractual relation between PCTPA and any subcontractoract or omission, negligent or otherwise, by said contractor or subcontractor and/or its officers, directors, employees, agents, and no subcontract shall relieve Contractor assigns arising out of or connected with the operation of Seller's and its responsibilities affiliates or Buyer's and obligations hereunder. Contractor agrees to be as fully responsible to PCTPA for the acts its affiliates' facilities, equipment, and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its subcontractors is an independent obligation from PCTPA’s obligation to make payments to the Contractor. c. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by PCTPA’s Project Manager, except that which is expressly identified property described in the approved Cost Proposal. d. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to Contractor by PCTPA. e. Any contract or sub-contract shall contain the same applicable provisions of this Agreement, and shall require the contractor and its subcontractors, if any, to: (1) Comply with applicable State and Federal requirements that pertain to, among other things, labor standards, non-discrimination, the Americans with Disabilities Act, Equal Employment Opportunity, and Drug-Free Workplace, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000, et seq., 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200, and “Contract Cost Principles and Procedures.” Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any regardless of whether caused in part of itby a Party indemnified hereunder. (2) Maintain unemployment insurance and disability insurance as required 28.5 To the fullest extent permitted by law, along with Seller shall require its contractors and subcontractors to indemnify and hold harmless and defend Buyer, its parents and affiliates and their officers, directors, employees, agents, and assigns from and against any and all claims and/or liability insurance in an amount that is reasonable for damage to compensate property, injury to or death of any person, firmincluding Seller's employees, Buyer's employees and their affiliates' employees, or corporation who may be injured any other liability incurred by Buyer or damaged its parent or affiliates including all expenses, legal or otherwise, to the extent caused, by the Contractor any act or any omission, negligent or otherwise, by said contractor or subcontractor in performing work associated with this Agreement or any part of it. (3) Retain all booksand/or its officers, recordsdirectors, computer recordsemployees, accounts, documentationagents, and all other materials pertaining to assigns arising out of or connected with the performance operation of this Agreement for a period of three(3) years from the date of termination of Seller's and its affiliates or Buyer's and its affiliates' facilities, equipment, and property described in this Agreement, or three (3) years from the conclusion or resolution regardless of any and all audits or litigation relevant to this Agreement and any amendments, whichever is laterwhether caused in part by a Party indemnified hereunder. (4) Permit PCTPA and/or its designees, upon reasonable notice, unrestricted access to 28.6 The obligations under this Article 27 shall not be limited in any way by any limitation on any such contractor's or all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for the purpose of monitoring, auditing, or otherwise examining said materialssubcontractor's insurance. (5) Comply with all applicable requirements of Title 49, Part 26 of the Code of Federal Regulations, as set forth in Section 42, Disadvantaged Business Enterprise Participation. f. Any substitution of subcontractors must be approved in writing by PCTPA’s Project Manager prior to the start of work by the subcontractors.

Contractors and Subcontractors. Contractor shall not subcontract any portion of the work without the prior express written authorization of PCTPA. If PCTPA consents to a subcontract, Contractor shall be fully responsible for all work performed by the subcontractorSACOG. a. PCTPA SACOG reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement. b. Nothing contained in this Agreement or otherwise, shall create any contractual relation between PCTPA SACOG and any subcontractor, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to PCTPA SACOG for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its subcontractors is an independent obligation from PCTPASACOG’s obligation to make payments to the Contractor. c. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by PCTPASACOG’s Project Manager, except that which is expressly identified in the approved Cost Proposal. d. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to Contractor by PCTPASACOG. e. Any contract or sub-contract subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the same provisions stipulated in this Agreement to be applicable provisions of this Agreement, and shall require the contractor and its to subcontractors, if any, toincluding: (1) Comply with applicable State and Federal requirements laws that pertain to, among other things, labor standards, nonNon-discriminationDiscrimination, the Americans with Disabilities Act, Equal Employment Opportunity, and the Drug-Free WorkplaceXxxxxxxxx Xxx, 48 CFR00 XXX, Federal Xxxxxxx Acquisition Regulations System, Chapter 1, Part 31.000, et seq., 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200, and “Contract Cost Principles and Procedures.” ” (2) Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any part of it. (23) Maintain unemployment insurance and disability insurance as required by law, along with liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the Contractor or any subcontractor in performing work associated with this Agreement or any part of it. (34) Retain all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for a period of three(3three (3) years from the date of termination of this Agreement, or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. (45) Permit PCTPA SACOG and/or its designees, upon reasonable notice, unrestricted access to any or all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials. (56) Comply with all applicable requirements of Title 49, Part 26 of the Code of Federal Regulations, as set forth in Section 4231, Disadvantaged Business Enterprise Participation. f. Any substitution of subcontractors must be approved in writing by PCTPASACOG’s Project Manager prior to the start of work by the subcontractors.

Contractors and Subcontractors. Contractor shall not subcontract any portion of the work without the prior express written authorization of PCTPA. If PCTPA consents to a subcontract, Contractor shall be fully responsible for all work performed by the subcontractor. a. PCTPA reserves the right to review and approve any contract or agreement to be funded in whole or in part using funds provided under this Agreement. b. Nothing contained in this Agreement or otherwise, shall create any contractual relation between PCTPA and any subcontractor, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to PCTPA for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor’s obligation to pay its subcontractors is an independent obligation from PCTPA’s obligation to make payments to the Contractor. c. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by PCTPA’s Project Manager, except that which is expressly identified in the approved Cost Proposal. d. Contractor shall pay its subcontractors within ten (10) calendar days from receipt of each payment made to Contractor by PCTPA. e. Any contract or sub-contract shall contain the same applicable provisions of this Agreement, and shall require the contractor and its subcontractors, if any, to: (1) Comply with applicable State and Federal requirements that pertain to, among other things, labor standards, non-discrimination, the Americans with Disabilities Act, Equal Employment Opportunity, and DrugXxxx-Free WorkplaceXxxx Xxxxxxxxx, 48 CFR00 XXX, Federal Xxxxxxx Acquisition Regulations System, Chapter 1, Part 31.000, et seq., 49 CFR, Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR, Part 200, and “Contract Cost Principles and Procedures.” Maintain at least the minimum State-required Workers’ Compensation Insurance for those employees who will perform the work or any part of it. (2) Maintain unemployment insurance and disability insurance as required by law, along with liability insurance in an amount that is reasonable to compensate any person, firm, or corporation who may be injured or damaged by the Contractor or any subcontractor in performing work associated with this Agreement or any part of it. (3) Retain all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for a period of three(3) years from the date of termination of this Agreement, or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this Agreement and any amendments, whichever is later. (4) Permit PCTPA and/or its designees, upon reasonable notice, unrestricted access to any or all books, records, computer records, accounts, documentation, and all other materials pertaining to the performance of this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials. (5) Comply with all applicable requirements of Title 49, Part 26 of the Code of Federal Regulations, as set forth in Section 42, Disadvantaged Business Enterprise Participation. f. Any substitution of subcontractors must be approved in writing by PCTPA’s Project Manager prior to the start of work by the subcontractors.