Construction Phase Obligations Clause Samples

Construction Phase Obligations. 4.1 If the Developer proceeds under any Special Permit issued pursuant to the Rezoning Amendment, all construction activities at the Site shall be in compliance with this Agreement. All construction activities at the Site shall comply with all applicable laws, codes, regulations and bylaws, except as may be expressly varied or waived pursuant to the provisions thereof, and with all permits and Subdivision Plans and all conditions therein. 4.2 The Developer agrees that, to the extent allowed by applicable law, when considering bids for contracts for the construction of the Project, the Developer shall give preferential consideration to Local Contractors. Notwithstanding the foregoing, the Developer shall not be obligated to accept the bid of any Local Contractor whose bid is higher than that of any other contractor or which contains unacceptable conditions, nor shall the Developer be obligated to accept the bid of any Local Contractor that the Developer, in its sole and absolute discretion, does not believe is capable of performing the scope of the work upon which the bid was submitted in a timely, good and workmanlike manner. At least twenty one (21) days prior to awarding any bids for contracts totaling $500,000 or more to a contractor that is not a Local Contractor, the Developer shall provide to the Board written notice specifying in reasonable detail the criteria used to award such bids and the reasons why the Developer elected not to award such bids to a Local Contractor.