SUBCONTRACTS AND OTHER AGREEMENTS Clause Samples
The "Subcontracts and Other Agreements" clause defines the rules and requirements for a party when entering into contracts with third parties to perform parts of the main contract's obligations. Typically, this clause outlines whether prior approval is needed before subcontracting, sets standards for the selection of subcontractors, and may require that subcontractors adhere to the same terms as the primary contract. Its core function is to ensure that the quality and obligations of the main contract are maintained even when work is delegated, thereby managing risk and maintaining accountability throughout the contractual chain.
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SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor’s own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a “Subcontract” and collectively “Subcontracts”).
9.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the right to review and approve each form of Subcontract. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.
SUBCONTRACTS AND OTHER AGREEMENTS. 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.
§ 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.
SUBCONTRACTS AND OTHER AGREEMENTS. All portions of the DC Project work that Bechtel does not perform with its employees shall be performed pursuant to written subcontracts and, where applicable, sub-subcontracts or material purchase orders (collectively, "SUBCONTRACTS") with licensed or otherwise properly qualified subcontractors, sub-subcontractors, laborers, architects, design professionals, engineers, surveyors, consultants, equipment lessors, and material suppliers (collectively, "SUBCONTRACTORS"). It is the intention of the parties hereto that Bechtel shall act as a general contractor in connection with Bech▇▇▇'▇ ▇▇▇formance of the Construction Services hereunder. Bechtel shall secure at least three (3) qualified bids from Subcontractors on each item in the construction of a DC Project (excluding those included in the General Work Requirements), including, without limitation, those performed by Bechtel, unless otherwise agreed to by Webvan. Bechtel shall promptly deliver to Webvan for each DC Project a summary of all bids received, together with Bech▇▇▇'▇ ▇▇▇lysis and recommendations for awards. In addition, upon Webvan's request from time to time, Bechtel shall deliver to Webvan complete copies of all bids received and all other pertinent data. Webvan may attend all bid openings. Bechtel shall keep all bid results confidential. Bechtel shall certify that, to the best of Bech▇▇▇'▇ ▇▇▇wledge, each bid is bona fide, complete and reasonable. As part of its bid analysis, Bechtel shall notify Webvan of any bid that deviates from the Contract Documents. Webvan's approval of a bid on a Subcontract shall not constitute approval of a deviation or omission from the Contract Documents. Any approved deviation or omission from the Contract Documents shall occur only by means of a Change Order.
2.5.8.1 All Subcontractors and Subcontracts for the procurement, assembly, installation, start-up, testing and calibration of Operating Equipment and any additional refrigeration systems or equipment shall be subject to Webvan's prior written approval. In addition, Webvan reserves the right to reject any Subcontractor or any bid of a Subcontractor at any time prior to award. Webvan shall have five (5) business days after it receives Bech▇▇▇'▇ ▇▇▇tten recommendations to approve or disapprove Bech▇▇▇'▇ ▇▇▇ommendations for all Subcontractors and Subcontracts for the procurement, assembly, installation, start-up, testing and calibration of Operating Equipment and other refrigeration systems and equipment and to r...
SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids if they meet Contractor's qualification requirement. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect or Owner's Representative. The Owner shall then timely determine with the Contractor which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection.
10.2 If a specific bidder among those whose bids are delivered by the Contractor to the Architect (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.
SUBCONTRACTS AND OTHER AGREEMENTS. 11.1 Those portions of the Work that the DB does not customarily perform with the DB's own personnel shall be performed under subcontracts or by other appropriate agreements with the DB. The Owner may designate specific persons from whom, or entities from which, the DB shall obtain bids. The DB shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work. The Owner shall then determine, with the advice of the DB, which bids will be accepted. The DB shall not be required to contract with anyone to whom the DB has reasonable objection.
11.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Contract and shall not be awarded on the basis of Cost Plus a Fee without the prior consent of the Owner.
SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner shall then determine, with the advice of the Contractor and Architect, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom there is reasonable objection on the Contractor's part.
10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement and shall not be awarded on the basis of Cost Plus a Fee without the prior consent of the Owner.
SUBCONTRACTS AND OTHER AGREEMENTS. § 9.1 The Construction Manager shall obtain bids on all of the Work, including obtaining third party bids on any work the Construction Manager desires to self-perform. Bids shall be solicited from at least three bidders for each trade package. The Construction Manager shall prepare and submit its own bids on any Work it intends to self-perform.
§ 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.
§ 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10.
SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 Those portions of the Work that the Contractor does not customarily perform with the personnel shall be performed under subcontracts or other appropriate agreements with the C
§ 10.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without significant reservations or exceptions, but the Owner requires that another bid be accepted, then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.
§ 10.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Contractor shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Contractor in Article 11.
SUBCONTRACTS AND OTHER AGREEMENTS. 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner will then determine, with the advice of the Contractor and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection.
10.3 Subcontracts or other agreements shall conform to the payment provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner.
SUBCONTRACTS AND OTHER AGREEMENTS. (a) The beneficiary shall not subcontract any portion of the Eligible Activities to be provided hereunder without the prior written consent of the County. Any subcontracting hereunder that is approved by the County shall be by written subcontract or sub-agreement by and between the beneficiary and its subcontractor and shall expressly or by incorporation by reference subject each such subcontract or sub-agreement to each provision of this Agreement. The beneficiary acknowledges and agrees that it is and remains primarily liable to the County for the Eligible Activities and the award pursuant to the terms and conditions of this Agreement.
(b) The beneficiary further agrees that, prior to the execution of any contract or other legal instrument concerning Eligible Activities, it will submit said contract to the County for its prior written approval.