Common use of No Conflict of Interests Clause in Contracts

No Conflict of Interests. Without prior written approval from the Owner after full disclosure by CM/GC, the CM/GC shall not award any Trade Contract to any Affiliate of CM/GC. Fair Opportunity for Trade Contractors – Trade Packages. All construction Work to be performed by Trade Contractors shall be performed pursuant to Trade Packages from qualified Trade Contractors. The CM/GC shall make reasonable efforts to insure that Trade Contractors and Suppliers local to the Project site are given the fair opportunity to propose for, be considered for, and participate in the award of Trade Packages required for completion of the Project. The CM/GC shall, on behalf of Owner, advertise and solicit proposals from Trade Contractors and from suppliers of material or equipment fabricated to a special design for the work. All proposals will be delivered to the CM/GC. CM/GC will, on behalf of the Owner, analyze all such proposals to determine whether the proposals are responsive and the proposers are responsible. The CM/GC will recommend to the Owner, based on price and other factors, the Trade Contractor or Supplier. If the recommended Trade Contractor or Supplier is not the low price proposer, CM/GC will provide additional information justifying its recommendation. The Trade Package will be awarded upon receipt of approval from the Owner. If the Owner does not agree with the CM/GC’s recommendation, the Owner will instruct the CM/GC to award the Trade Package to the lowest responsive and responsible price proposer, or to reissue the package for additional proposers. Warranty of CM/GC. The CM/GC warrants that the Trade Contractors selected by him are reputable, skilled, reliable, competent, qualified in the trade or field in which they are to perform on the Project, and thoroughly familiar with applicable codes. The CM/GC will have primary responsibility for all Trade Packages. Trade Contractors are required to execute CM/GC's standard subcontract, as amended to be consistent with this Contract. The Trade Contractors shall be acting as Trade Contractors to the CM/GC. The CM/GC shall execute and administer all such Trade Package contracts and shall assume full responsibility for each and every item of Work performed thereunder and for the timely completion of all such Work in accordance herewith, including responsibility for all guarantees and warranties to be provided by each Trade Contractor. CM/GC Responsible for Acts and Omissions of Trade Contractors, Materialmen, Suppliers, and Employees. The CM/GC agrees that he is as fully responsible for the acts and omissions of his Trade Contractors, materialmen, suppliers, and employees, and of persons either directly or indirectly employed by them, as he is responsible for the acts and omissions of persons directly employed by him. The failure of a Trade Contractor, materialman, supplier, or employee to perform shall not be asserted by the CM/GC as an excuse for any omission from or noncompliance with requirements of the contract; nor shall the CM/GC be entitled to an extension of time because of failure of a Trade Contractor, materialman, supplier, or employee to perform unless said failure was a direct result of some delay to the Trade Contractor, materialman, supplier, or employee of the kind and character described in the Contract for which the CM/GC shall have requested and received an extension of time under the terms of the General Requirements. The subcontracting of work does not relieve the CM/GC of the full responsibility for the execution of the work and for compliance with all requirements of the Contract Documents. The CM/GC shall not assert negligence, inefficiency, insolvency, bankruptcy, or incompetence of any Trade Contractor, materialman, supplier, or employee as excuse for the existence of any noncompliance with or omission to fulfill any obligation under the Contract either as to timely performance or as to compliance with methods and materials designated in the Contract Documents; nor shall the CM/GC assert nonperformance (unless an extension of time shall have been granted pursuant to the Contract requirements) of a Trade Contractor, materialman, supplier, or employee as excuse for the existence of any noncompliance with or omission to fulfill any obligation under the Contract either as to timely performance or as to compliance with methods and materials designated in the Contract Documents. Any provision in any contract between the CM/GC and any Trade Contractor pursuant to which the CM/GC is obliged to present to the Owner any claim of any Trade Contractor shall be invalid. Relationship of CM/GC and Trade Contractors. Obligations of Each. The CM/GC agrees to bind every Subcontractor, Trade CM/GC, Supplier (hereinafter collectively referred to as “Subordinate CM/GC”) to the terms of the Contract Documents insofar as they are applicable to its work, including the following provisions of this Article: The CM/GC Agrees: To be bound to the Subordinate CM/GC by all the obligations that the Owner owes to the CM/GC under the Contract Documents. To pay the Subordinate CM/GC upon the payment of certificates issued under the schedule of values described in the General Conditions the amount allowed to the CM/GC on account of the Subordinate CM/GC's work to the extent of the Subordinate CM/GC's interest therein within seven days of receipt of payment from the Owner; provided, however, that retainage shall be released to the Subordinate CM/GC as provided by law and in accordance with the statutory affidavit set forth in Section 7, Forms. To pay the Subordinate CM/GC upon the payment of certificates issued otherwise than the schedule of values such manner that at all times the Subordinate CM/GC's total payments shall be as large in proportion to the value of the work done by the Subordinate CM/GC as the total amount certified and paid to the CM/GC is to the value of the work done by the Subordinate CM/GC. To pay the Subordinate CM/GC a just share of any property insurance money received by the CM/GC and due to Subordinate CM/GC for work performed by Subordinate and paid for by insurance. That no claim for services rendered or materials supplied or other matters by the CM/GC against the Subordinate CM/GC shall be valid unless written notice thereof is given by the CM/GC to the Subordinate CM/GC prior to or during the first ten days of the calendar month following that in which the CM/GC determines that the claim is chargeable against that Subordinate CM/GC. To give the Subordinate CM/GC, upon its request, an opportunity to be present with CM/GC and to submit evidence in any dispute involving rights of the Subordinate CM/GC. The CM/GC Agrees to require its Subcontractors to do the following: To be bound to the CM/GC by the terms of the Contract Documents and to assume toward the CM/GC all the obligations and responsibilities that the CM/GC by the aforesaid documents assumes toward the Owner. To submit to the CM/GC applications for payment in such reasonable time as to enable the CM/GC to apply for payment under these General Conditions. To make all claims for extras, for extensions of time or for damages to the CM/GC in the manner provided in the General Conditions for like claims by the CM/GC upon the Owner, except that the time for making such claims to the CM/GC is within ten days after the initial event leading to the claim. To pay their Subordinate Contractors upon the payment of certificates issued under the schedule of values described in the General Conditions the amount allowed on account of such Subordinate CM/GC's work to the extent of such Subordinate CM/GC's interest therein within seven days of its receipt of payment; provided, however, that retainage shall be released as provided by law and in accordance with the statutory affidavit set forth in Section 7, Forms. To pay their Subordinate Contractors upon Subcontractor’s receipt of payment such that at all times their Subordinate Contractors’ aggregate payments shall be in proportion to the Work performed by each of the Subordinate Contractors. Owner Not Obligated to Any Subcontractor, Subordinate CM/GC, Trade CM/GC, or Supplier. There is no obligation on the part of the Owner to pay to or to see to the payment of any sums to any Subcontractor, Subordinate CM/GC, Trade CM/GC, Supplier, laborer, employee, or person supplying labor, materials, machinery or equipment to the Project. Term “Substantial Completion” Deleted. The term “substantial completion,” if found, is hereby deleted and is of no force in all Subcontracts, Trade Contracts, and in the Trade Sections of the Contract Documents. In certain contexts, the term may be superseded by the term “Material Completion” as defined in this Contract.