Common use of SUBCONTRACTS AND PURCHASE ORDERS Clause in Contracts

SUBCONTRACTS AND PURCHASE ORDERS. 13.1 Unless waived in writing by Contract Administrator, Contractor shall obtain competitive pricing through competitive, sealed bidding for One Hundred Percent (100%) of Direct Construction Cost and those biddable elements of the General Conditions for the Work required under this Agreement pursuant to the requirements specified on Exhibit A. 13.2 Contractor’s subcontract agreement shall provide that: Subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this Agreement and the Contract Documents; Subcontractor is bound to Contractor to the same extent Contractor is bound to County; and Subcontractor is subject to the terms and conditions of the Agreement, i.e., a “flow-down” provision. Further, the subcontractor agreement shall provide that in the event this Agreement is terminated for any reason, the Subcontractor shall, at County’s option, perform its subcontract for County, or for another contractor designated by County, without any additional or increased cost, provided Subcontractor is paid in accordance with its subcontract. Contractor shall sign and cause each Subcontractor to sign an Assignment of Rights under its subcontract. 13.3 Nothing contained herein shall impose on County an obligation to assume any subcontract or make payment to any Subcontractor, vendor, or supplier to perform pursuant to this section. Further, nothing contained herein, shall create any contractual relationship between County and any Subcontractor, vendor, or supplier. 13.4 All subcontracts shall, so far as practicable, contain unit prices for use in determining the cost of any required changes in the work.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

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SUBCONTRACTS AND PURCHASE ORDERS. 13.1 Unless waived in writing by Contract Administrator, Contractor shall obtain competitive pricing through competitive, sealed bidding for One Hundred Percent (100%) of Direct Construction Cost and those biddable elements of the General Conditions for the Work required under this Agreement pursuant to the requirements specified on Exhibit A. 13.2 Contractor’s subcontract agreement shall provide that: Subcontractor shall perform its portion of the Work in accordance with all applicable provisions of this Agreement and the Contract Documents; Subcontractor is bound to Contractor to the same extent Contractor is bound to County; and Subcontractor is subject to the terms and conditions of the Agreement, i.e., a “flow-down” provision. Further, the subcontractor agreement shall provide that in the event this Agreement is terminated for any reason, the Subcontractor shall, at County’s option, perform its subcontract for County, or for another contractor designated by County, without any additional or increased cost, provided Subcontractor is paid in accordance with its subcontract. Contractor shall sign and cause each Subcontractor to sign an Assignment of Rights under its subcontract. 13.3 Nothing contained herein shall impose on County an obligation to assume any subcontract or make payment to any Subcontractor, vendor, or supplier to perform pursuant to this section. Further, nothing contained herein, shall create any contractual relationship between County and any Subcontractor, vendor, or supplier. 13.4 All subcontracts shall, so far as practicable, contain unit prices for use in determining the cost of any required changes in the work.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

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