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(A) Contract clauses. All county contracts for supplies, services and construction shall include provisions necessary to define the responsibilities and rights of the parties to the contract. The county may issue clauses appropriate for supply, service or construction contracts, addressing among others the following subjects:
(1) The unilateral right of the county to order in writing changes in the work within the scope of the contract;
(2) The unilateral right of the county to order in writing temporary stopping of the work or delaying performance that does not alter the scope of the contract;
(3) Variations occurring between estimated quantities of work in contract and actual quantities;
(4) Defective pricing;
(5) Liquidated damages;
(6) Specified excuses for delay or nonperformance;
(7) Termination of the contract for default;
(8) Termination of the contract in whole or in part for the convenience of the county;
(9) Suspension of work on a construction project for the convenience of the county; and/or
(10) Site conditions differing from those indicated in the contract or ordinarily encountered, except that a differing site conditions clause need not be included in the contract:
(a) When the contract is negotiated;
(b) When the contractor provides the site or design; or
(c) When the parties have otherwise agreed with respect to the risk of differing site conditions.
(B) Price adjustments.
(1) Adjustments in price resulting from the use of contract clauses required by division (A) of this section shall be computed in one or more of the following ways:
(a) By agreement of a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;
(b) By unit prices specified in the contract or subsequently agreed upon;
(c) By the costs attributable to the events or situations under the clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(d) In another manner as the contracting parties may mutually agree; or
(e) In the absence of agreement by the parties, by a unilateral determination by the county of the costs attributable to the events or situations under the clauses with adjustment of profit or fee as computed by the county, as accounted for in accordance with applicable cost principles and subject to the provisions of §§ 41.165 through 41.175.
(2) Notwithstanding the above, all adjustments in price must be in compliance with the provisions of state statute.
(C) Standard clauses and their modification. The County Executive, after consultation with the State’s Attorney, may establish standard contract clauses for use in county contracts.
(1980 Code, § 41.051) (Ord. 08-461, passed 11-20-2008)