1.1018.03 CONTRACT CLAUSES Issue Date: 5/8/14 Updated: 3/12/20 CBG Required contract clauses
Contracts entered into by the District for construction of school buildings shall contain a clause addressing the rights of the parties when, after the contract is executed, site conditions are discovered that the contractor did not and could not reasonably have known existed at execution and those conditions materially impact the costs of construction. Utah Code § 53E-3-711 (2018) Permissible clauses The District may include in any of its contracts terms that provide for (a) incentives, including bonuses, (b) payment of damages, including liquidated damages, and (c) penalties. Utah Code § 63G-6a-1210 (2013) Standard terms and conditions The District may establish standard terms and conditions for contracts. Terms and conditions may be established for a category of procurement items, a specific procurement item, general use in all procurements, the special needs of the District, or the requirements of federal funding. Utah Admin. Rules R33-12-201 (June 21, 2017) Prohibited contract clauses for design professionals A contract entered into by the District in a procurement may not require that a design professional indemnify another from liability claims that arise out of the design professional’s services, unless the liability claim arises from the design professional’s negligent act, wrongful act, error or omission, or other liability imposed by law. This limitation may not be waived by contract. However, a design professional may be required to indemnify a person for whom the design professional has direct or indirect control or responsibility. Utah Code § 63G-6a-1203 (2015)
1.1019 INTERACTION WITH OTHER PROCUREMENT UNITS
1.1019.01 AGREEMENTS WITH OTHER PROCUREMENT UNITS Issue Date: 5/8/14 Updated: 3/10/16 CBH
The District may enter into an agreement with one or more other procurement units to do any of the following: 1. sponsor, conduct, or administer a cooperative agreement for either the procurement of a procurement item, in accordance with this policy, or for the disposal of a procurement item;
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