Subcontract Requirements Sample Clauses

Subcontract Requirements. The Contractor is advised that many FAR, GSAR and other Agreement clauses are required to be flowed down to subcontracts. Clauses containing flow down requirements include, but may not be limited to, those listed below. The Contractor is responsible for ensuring that all necessary flow-down clauses are included in all subcontracts.

Subcontract Requirements. The Contractor shall include in each subcontract under this contract a provision requiring the subcontractor to include in its contract with any lower-tier subcontractor or supplier the payment and interest clauses required under paragraphs

Subcontract Requirements. (1) On subcontracts where the bid exceeds $100,000.00, the Construction Manager may require Sub- Contractors to provide a I00% performance bond and a 100% labor and material payment bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to subcontractors unable to supply this bonding, he shall request authorization by the Owner to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. 1. Subcontract bidders must submit experience, bonding capability and financial condition. The Sub- Contractors experience, bonding capability and financial condition must demonstrate that adequate assets and equipment are available to properly perform the subcontract.

Subcontract Requirements. A. On all subcontracts where the bid exceeds $200,000, the Construction Manager may require Subcontractors to provide a 100% Performance Bond and a 100% Labor and Materials and Payment Bond from a surety company authorized to do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award subcontracts to Subcontractors unable to supply this bonding, he may request special authorization to do so. Upon providing justifiable background information, such authorization shall not be withheld unreasonably. B. Workforce - The Subcontractor must agree to perform no less than 15% of the project construction work utilizing its own employees. C. Subcontractor Experience - The Subcontractor must have successfully completed no less than two projects of similar size and complexity within the last five years.

Subcontract Requirements. 1. All subcontracts shall provide: a. Limitation of remedy - no damages for delay - The Subcontractor's exclusive remedy for damages for delays in the performance of the subcontract caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or Architect and including claims based on breach of contract or negligence, shall be limited to an extension of the scheduled construction time and actual direct costs allowed by Section 8.2; provided, however, the only delays that will result in a time extension are those that extend the Critical Path of the GMP schedule included in the GMP, unless amendments thereto have been approved by the Owner. b. In the event of a change in the Work the Subcontractor's claim for adjustments in the subcontract sum are limited exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and bond costs if the Work is self-performed by the Subcontractor. For all other Work, adjustments in the subcontract sum will be no more than 5% for overhead and profit and bond costs. c. Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitutes the sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the subcontract price, damages, losses or additional compensation. d. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted to ▇▇▇▇ within the time and in the manner in which the ▇▇▇▇ must submit such claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. e. Each subcontract shall include an acknowledgement by each Subcontractor and Supplier that the payment bond provided by ▇▇▇▇ pursuant to this Agreement is a substitute for the right to claim a lien on any portion of the Project, and that any claims for nonpayment shall be made against the bond. f. Such other provisions as set forth in the Agreement to be included in subcontracts.

Subcontract Requirements. Subcontracts between the Construction Manager and Subcontractors for construction work for the Project shall be in accordance with the provisions set forth below, unless otherwise authorized in a written directive from the Director. (a) Such subcontracts shall require that all labor performed and all material furnished thereunder shall strictly comply with all requirements of this Agreement. (b) Each such subcontract shall incorporate the material terms of this Agreement, including all addenda and appendices to it, and the DDCM Safety Requirements. Such subcontracts shall contain provisions approved in advance by the Director regarding, at least: (1) time for completion; (2) assessment of liquidated damages, (3) warranties and/or guarantees, (4) the provision required hereunder pertaining to the resolution of disputes related to this Agreement, (5) M/WBE compliance, and (6) compliance with anti-discrimination provisions. (c) Each such subcontract shall require that the Subcontractor who is party to it provide performance and payment bonds, each of which shall be in an amount equal to 100% of the subcontract price, and shall name the Construction Manager as obligee thereunder. Such bonds shall be provided by a surety company licensed and authorized to do business in the State of New York. Such bonds shall be identical in all respects to the form of bonds attached hereto as Exhibit E, with no variations, additions, or deletions to such form of bonds. Premiums for required bonds must be included in the Subcontractor's bid price. The Subcontractor shall be required to submit two (2) originals of such bonds, one of which shall be submitted to CUCF by the Construction Manager immediately after receipt. With respect to performance and payment bonds submitted by Subcontractors hereunder, the Construction Manager agrees, immediately upon receipt of the bonds, to execute an irrevocable assignment in accordance with the form of assignment attached hereto as Exhibit F. The Construction Manager shall submit such executed assignment to CUCF at the time it submits the original bonds. As additional security for the faithful performance of such subcontracts, the Construction Manager shall deduct and retain from all subcontractor progress payments five percent (5%) of the amount certified to be due thereunder. (d) Each such subcontract shall require that the Subcontractor carry the types and amounts, proportionate to its subcontract, of insurance set forth in this Agreement...

Subcontract Requirements. By appropriate written agreement, the Construction Manager shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Construction Manager by terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work, which the Construction Manager, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Construction Manager that the Construction Manager, by the Contract Documents, has against the Owner. Where appropriate, the Construction Manager shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Construction Manager shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractor are required to comply with Article 10 Protections of Persons and Property of this Exhibit A. Subcontractors shall be similarly required to make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors.

Subcontract Requirements. By written agreement, Design-Builder shall require each Subcontractor, so far as applicable to the Work to be performed by the Subcontractor, to be bound to Design-Builder by terms of the Contract Documents. Each subcontract shall preserve and protect the rights of Owner in accordance with the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. Each subcontract also shall provide for an assignment by Design-Builder to Owner, provided that: (1) The assignment is effective only after termination by Owner for default pursuant to Article 15 and only for those subcontracts which Owner accepts by notifying the Subcontractor in writing; and (2) After the assignment is effective, Owner will assume all future duties and obligations toward the Subcontractor which Design-Builder assumed in the subcontract. (3) The assignment is subject to the prior rights of the surety, if any, obligated under any bond provided in accordance with the Contract Documents. (4) As to Design Consultants, Design-Builder shall ensure that the contracts of all Design Consultants of any tier are subject to the right of Owner to receive an assignment of such contract, regardless of who is in privy of contract with such Design Consultant.

Subcontract Requirements. If permitted by the terms of this Contract, County may subcontract for certain functions covered by this Contract, subject to the requirements of this Contract. Subcontracts shall not terminate the legal liability of County under this Contract. County must ensure that all Subcontracts are in writing and include any and all provisions required by this Contract or applicable Government Programs to be incorporated into Subcontracts. County shall make all Subcontracts available to CalOptima or its regulators upon request. County is required to inform CalOptima of the name and business addresses of all Subcontractors. 3.24.1 County shall ensure that all Subcontracts are in writing and require that the County and its Subcontractors: 3.24.1.1 Make all premises, facilities, equipment, applicable books, records, contracts, computer, or other electronic systems related to this Contract, available at all reasonable times for audit, inspection, examination, or copying by CalOptima, DHCS, CalOptima’s Regulators, and/or DOJ, or their designees. 3.24.1.2 Retain such books and all records and documents for a term minimum of at least ten (10) years from the final date of the State Contract period or from the date of completion of any audit, whichever is later. 3.24.2 County shall require all Subcontracts that relate to the provision of Medi-Cal Covered Services to Members pursuant to the Contract include the following: 3.24.2.1 Services to be provided by the Subcontractor, term of the Subcontract (beginning and ending dates), methods of extension, renegotiation, termination, and full disclosure of the method and amount of compensation or other consideration to be received by the Subcontractor. 3.24.2.2 Subcontract or its amendments are subject to DHCS approval as provided in the State Contract, and the Subcontract shall be governed by and construed in accordance with all laws and applicable regulations governing the State Contract. 3.24.2.3 If allowed, an agreement that the assignment or delegation of the Subcontract will be void unless prior written approval is obtained from County. 3.24.2.4 An agreement to submit provider data, encounter data, and reports related to the Subcontract in accordance with Sections 3.23 and 7.9 of the Contract, and to gather, preserve, and provide any records in the Subcontractor’s possession in accordance with Section 7.11 and 7.11.3 of this Contract. 3.24.2.5 An agreement to make all premises, facilities, equipment, books, records, contracts...