There is an existing T&M General Construction contract in place. The department solicited another contractor to perform carpentry services, painting, etc.

1. The contract used from another jurisdiction states that any project under 10,000 will be T&M.

All projects were under 10,000.

The existing contract states: The County reserves the right toperform work related to the project with his own forces, and to award separate contracts for other work on the site. The County will provide for the coordination of the work of his own forces or of separate contractors with the Contractor, who shall cooperate.

My questions: What does that clause mean? Is it saying that I can solicit to other contractors?

The hourly rates of the contract that was used is cheaper than the existing contract hourly rates.

By joel hoffman on Thursday, February 14, 2002 - 10:22 am:

I think I know what the contract provision means. However, I'm unclear about the situation, so would appreciate it if you could clarify, first.

1. Are you the county holding the "existing" T&M GC contract? (I assume the County reservation is in that contract, right?)

2. Did you also use another T&M contract "from another jurisdiction"? Who's jurisdiction? I didn't follow that part.

3. Is the County contract one for a specific project or various projects?

Thanks. happy sails! joel hoffman

By Vern Edwards on Thursday, February 14, 2002 - 10:48 am:

Thomas:

Usually, such clauses are used to ensure that everyone understands that the contractor does not have an exclusive right to perform such work, i.e., that the contract it is not a requirements contract. In short, it means that the county can do the work itself or hire other contractors to do the work described in the contract.

By Thomas Williams on Thursday, February 14, 2002 - 12:11 pm:

Vern,

Because the Hourly rates differ in the contract and the existing contract's hourly rate are higher than the contractor that we had do the work.

One justification for using another contractor is because of the difference in the hourly rates. And we did have an option to use another contractor to peform the work in accordance that clause.

The contract clearly states that work under $10,000 is to be T&M.

Joel,

1. Yes, 2. Yes and 3. T&M General Construction various projects

By Thomas on Thursday, February 14, 2002 - 12:47 pm:

Vern,
In the first paragraph the contract that was used states that the contractor understands and agrees that this is a requirments contract and the Cout will have no obligation to the contractor if no items or services are required. Under the Pricing and Schedules it states that Payment for all work under $10000 shall be on a time and material basis.

Under the existing contract which was awarded in 1998 with a statement reading this contract will be in effect for a period of one year from notice of award and may be renewable for two additional years, one year at a time, with the mjutual consent ofthe County and contractor. But yet, United Price Agreement with an ending date of 07/31/02.
What can the contractor of the existing contract, do?

What can we do since we did used another contract rather than using the existing contract. The hourly rates are one justification. The clause that the County reserved the rightto perform work and to award separate contracts. Does allow us to use another contractor other than the one on the existing contractor. Is that right?

By Linda Koone on Thursday, February 14, 2002 - 01:07 pm:

I believe that the clause permitting the County to award separate contracts for 'other work' could be interpreted as limiting the award of separate contracts to work that is not included in the scope of the existing contract.

By joel hoffman on Thursday, February 14, 2002 - 01:44 pm:

"The County reserves the right to perform work related to the project with his own forces..."

Does this refer to any project undertaken under the contract? If so, it means the county can do some of the work, itself.

"...and to award separate contracts for other work on the site."

This sounds like separate contractors can do other projects. The language doesn't specifically say the County can intermix another contractor on an individual contract. Was that supposed to be the intent? I suggest asking the drafter of the contract.

"The County will provide for the coordination of the work of his own forces or of separate contractors with the Contractor, who shall cooperate."

The Contractor must cooperate, but isn't expected to coordinate the work effort, according to this wording.
happy sails! joel