Contracts and Contractors Clause Samples
Contracts and Contractors. 9.1.1 Developer shall provide the Owner with a list of all Contracts and the Contractors thereunder with each monthly report required under this Agreement or the Technical Requirements. Developer shall allow the Owner ready access to all Contracts and records regarding Contracts in respect of the matters contemplated by the Contract Documents and shall deliver to the Owner, (a) within ten days after execution, complete copies of all Key Contracts, guarantees thereof and amendments and supplements to Key Contracts and guarantees thereof, in each case without redaction, and (b) within 20 days after receipt of a request from the Owner, complete copies of all other Contracts and amendments and supplements thereto, in each case without redaction, as may be requested by the Owner.
9.1.2 As soon as Developer identifies a potential first-tier Contractor, but in no event later than 15 days prior to the scheduled initiation of Work by such proposed Contractor, Developer shall notify the Owner in writing of the name, address, phone number and authorized representative of such Contractor.
9.1.3 Developer shall not include, and shall ensure that no Contractor includes, any restrictive covenant in any Contract limiting or prohibiting a Contractor from performing work for or providing services to the Owner following the expiration or any earlier termination of this Agreement.
Contracts and Contractors. (i) In connection with the preparation of contracts and selection of Contractors for the Project, Manager shall:
(A) advise Owner on the separation of the Project into contracts for various categories of work, including professional services;
(B) advise Owner on the selection of Contractors and, through Manager’s supervision of such Contractors, the selection of any subcontractors engaged to perform services in connection with the Project;
(C) prepare or supervise Contractors in preparing scope of work documents, requests for proposals and bid packages in accordance with the requirements set forth in this Agreement, make recommendations for pre-qualification criteria for bidders and prepare bidding schedules;
(D) evaluate bids and make recommendations to Owner for the award of contracts, rejection of bids, and otherwise oversee the bidding process in accordance with the requirements of this Agreement; provided that, unless otherwise agreed by Owner, Manager shall use commercially reasonable efforts to obtain at least three bids for any single construction contract for work reasonably estimated to require payment in excess of $100,000 and in excess of $25,000 for non-construction work;
(E) assist Owner in preparing, reviewing and negotiating contracts with the Contractors, reviewing bidding documents, and establishing reporting procedures with all Contractors and their subcontractors and supervise the appropriate Contractor’s selection and negotiation of contracts with its subcontractors, all in accordance with the requirements set forth in this Agreement;
(F) coordinate, supervise and oversee the activities of the Contractors, respond to their questions, and monitor their performance so as to assist in avoiding conflicts, gaps or discrepancies in the final work product of each Contractor and to confirm that their scope of work is consistent with the Project Budget, Project Schedule, Project Improvement Plans, Project Program and Project Plan;
(G) submit to Owner copies of all Construction Documents and all other documents relating to the Project which Owner may request;
(H) prepare, distribute and update as necessary a Project directory and a document distribution matrix;
(I) review the safety precautions and programs at the Project site proposed by the Project Contractor and consult with and advise Owner regarding same, and use commercially reasonable efforts to cause the Contractors to take all appropriate measures to maintain safe working conditions and...