Cooperation with Investigations. The CONSTRUCTION MANAGER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGER, relating to the CONSTRUCTION MANAGER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER but not currently in the CONSTRUCTION MANAGER’s physical possession. The CONSTRUCTION MANAGER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGER, for purposes of the Contract. The CONSTRUCTION MANAGER shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER or supplier from whom the CONSTRUCTION MANAGER has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGER’s bids or proposals for future contracts.
Appears in 8 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontractssubcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractorsubcontractor, CONSTRUCTION MANAGER Professional and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractorsubcontractor, CONSTRUCTION MANAGER Professional or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to past and present Subcontractorsubcontractor, CONSTRUCTION MANAGER Professional and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractorssubcontractors, CONSTRUCTION MANAGERs Professionals and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor subcontractor to include in all agreements that the Subcontractor subcontractor may hereinafter enter into with any and all Subcontractorssubcontractors, CONSTRUCTION MANAGERs Professionals and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract subcontract with a Subcontractor subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractorsubcontractor, CONSTRUCTION MANAGER Professional or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 3 contracts
Samples: Consulting Agreement, Consulting Agreement, Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-electronically- stored information, in the possession or control of the CONSTRUCTION MANAGER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGER, relating to the CONSTRUCTION MANAGER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER but not currently in the CONSTRUCTION MANAGER’s physical possession. The CONSTRUCTION MANAGER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGER, for purposes of the Contract. The CONSTRUCTION MANAGER shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER or supplier from whom the CONSTRUCTION MANAGER has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGER’s bids or proposals for future contracts.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGER, relating to the CONSTRUCTION MANAGER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER but not currently in the CONSTRUCTION MANAGER’s physical possession. The CONSTRUCTION MANAGER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGER, for purposes of the Contract. The CONSTRUCTION MANAGER shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER or supplier from whom the CONSTRUCTION MANAGER has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGER’s bids or proposals for future contracts.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-electronically stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER Consultant and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER Consultant or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER Consultant and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs Consultants and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor subconsultant to include in all agreements that the Subcontractor subconsultant may hereinafter enter into with any and all Subcontractorssubconsultants, CONSTRUCTION MANAGERs Consultants and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract subcontract with a Subcontractor subconsultant in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractorsubconsultant, CONSTRUCTION MANAGER Consultant or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT , its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT , relating to the CONSTRUCTION MANAGERCONSULTANT . These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT ’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs CONSULTANT s and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT , for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs CONSULTANT s and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERCONSULTANT . Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT ’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-electronically stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Contract
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER DASNY or any other duly authorized representative of the OWNER DASNY (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents documents, and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontractssubcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractorsubconsultant, CONSTRUCTION MANAGER and supplier consultant proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER subconsultant or supplier, consultant in connection with the Contract, that does not contain a right to audit clause in favor of the OWNERDASNY. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER and supplier amendment/change order subconsultant files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs and suppliers subconsultants pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor subconsultant to include in all agreements that the Subcontractor subconsultant may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs and suppliers, subconsultants in connection with the Contract, a right-to-audit clause in favor of the OWNER DASNY conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract subcontract with a Subcontractor subconsultant in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER or supplier subconsultant from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNERDASNY’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGER, relating to the CONSTRUCTION MANAGER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER but not currently in the CONSTRUCTION MANAGER’s physical possession. The CONSTRUCTION MANAGER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGER, for purposes of the Contract. The CONSTRUCTION MANAGER shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER or supplier from whom the CONSTRUCTION MANAGER has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGER’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Construction Management Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER consultant, or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER consultant, and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs consultants and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs consultants and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER consultant or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Construction Contract
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontractssubcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractorsubcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractorsubcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to past and present Subcontractorsubcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractorssubcontractors, CONSTRUCTION MANAGERs CONSULTANTs and suppliers pertaining to the this Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor subcontractor to include in all agreements that the Subcontractor subcontractor may hereinafter enter into with any and all Subcontractorssubcontractors, CONSTRUCTION MANAGERs consultants and suppliers, in connection with the this Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract subcontract with a Subcontractor subcontractor in connection with the this Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractorsubcontractor, CONSTRUCTION MANAGER consultant or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Cooperation with Investigations. The CONSTRUCTION MANAGER BROKER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER DASNY or any other duly authorized representative of the OWNER DASNY (“Representative”). The CONSTRUCTION MANAGER BROKER shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERBROKER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERBROKER, relating to the CONSTRUCTION MANAGERBROKER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER BROKER and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER BROKER shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER BROKER but not currently in the CONSTRUCTION MANAGERBROKER’s physical possession. The CONSTRUCTION MANAGER BROKER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER BROKER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNERDASNY. The CONSTRUCTION MANAGER BROKER shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER BROKER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs BROKERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER BROKER shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERBROKER, for purposes of the Contract. The CONSTRUCTION MANAGER BROKER shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs BROKER’s and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER DASNY conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER BROKER shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER BROKER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER BROKER or supplier from whom the CONSTRUCTION MANAGER BROKER has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERBROKER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNERDASNY’s rejection of the CONSTRUCTION MANAGERBROKER’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Property and Builders’ Risk Insurance Program Contract
Cooperation with Investigations. The CONSTRUCTION MANAGER PROFESSIONAL agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER PROFESSIONAL shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERPROFESSIONAL, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERPROFESSIONAL, relating to the CONSTRUCTION MANAGERPROFESSIONAL. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER PROFESSIONAL and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER PROFESSIONAL shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER PROFESSIONAL but not currently in the CONSTRUCTION MANAGERPROFESSIONAL’s physical possession. The CONSTRUCTION MANAGER PROFESSIONAL shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER PROFESSIONAL or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER PROFESSIONAL shall assist the OIA or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER PROFESSIONAL and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs PROFESSIONALs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER PROFESSIONAL shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERPROFESSIONAL, for purposes of the Contract. The CONSTRUCTION MANAGER PROFESSIONAL shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs PROFESSIONALs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER PROFESSIONAL shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER PROFESSIONAL shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER PROFESSIONAL or supplier from whom the CONSTRUCTION MANAGER PROFESSIONAL has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERPROFESSIONAL. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERPROFESSIONAL’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER DASNY or any other duly authorized representative of the OWNER DASNY (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents documents, and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontractssubcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractorsubconsultant, CONSTRUCTION MANAGER and supplier consultant proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER subconsultant or supplier, consultant in connection with the Contract, that does not contain a right to audit clause in favor of the OWNERXXXXX. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER and supplier amendment/change order subconsultant files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs and suppliers subconsultants pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor subconsultant to include in all agreements that the Subcontractor subconsultant may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs and suppliers, subconsultants in connection with the Contract, a right-to-audit clause in favor of the OWNER DASNY conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract subcontract with a Subcontractor subconsultant in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER or supplier subconsultant from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNERXXXXX’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs (“OIA”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER and supplier CONSULTANT proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIA’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a SubcontractorSubconsultant,, CONSTRUCTION MANAGER or supplierCONSULTANT,, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to past and present SubcontractorCONSULTANT, CONSTRUCTION MANAGER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), Subconsultant accounts, computer records, documents, correspondence, and any other books and records in the possession of SubcontractorsCONSULTANTs, CONSTRUCTION MANAGERs and suppliers Subconsultants pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor Subconsultant to include in all agreements that the Subcontractor Subconsultant may hereinafter enter into with any and all SubcontractorsSubconsultant, CONSTRUCTION MANAGERs and suppliersCONSULTANTs, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor Subconsultant in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a SubcontractorSubconsultant, CONSTRUCTION MANAGER or supplier CONSULTANT from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Consulting Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER CONSULTANT agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER or any other duly authorized representative of the OWNER (“Representative”). The CONSTRUCTION MANAGER CONSULTANT shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERCONSULTANT, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERCONSULTANT, relating to the CONSTRUCTION MANAGERCONSULTANT. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER CONSULTANT and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER CONSULTANT shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER CONSULTANT but not currently in the CONSTRUCTION MANAGERCONSULTANT’s physical possession. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER CONSULTANT, or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNER. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER CONSULTANT, and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs CONSULTANT’s and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER CONSULTANT shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERCONSULTANT, for purposes of the Contract. The CONSTRUCTION MANAGER CONSULTANT shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs CONSULTANT’s and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER CONSULTANT shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER CONSULTANT shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER CONSULTANT or supplier from whom the CONSTRUCTION MANAGER CONSULTANT has failed to obtain and supply to the OIA OPI or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERCONSULTANT. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNER’s rejection of the CONSTRUCTION MANAGERCONSULTANT’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Commissioning Services Agreement
Cooperation with Investigations. The CONSTRUCTION MANAGER BROKER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER DASNY or any other duly authorized representative of the OWNER DASNY (“Representative”). The CONSTRUCTION MANAGER BROKER shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERBROKER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERBROKER, relating to the CONSTRUCTION MANAGERBROKER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; SubcontractorSubcontractor or Sub-Broker, CONSTRUCTION MANAGER BROKER and supplier proposals for both successful and unsuccessful bids; back-back- charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER BROKER shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER BROKER but not currently in the CONSTRUCTION MANAGERBROKER’s physical possession. The CONSTRUCTION MANAGER BROKER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER Sub-Broker, BROKER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNERDASNY. The CONSTRUCTION MANAGER BROKER shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER Sub-Broker, BROKER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs Sub-Brokers, BROKERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER BROKER shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERBROKER, for purposes of the Contract. The CONSTRUCTION MANAGER BROKER shall require each Subcontractor Sub-Broker to include in all agreements that the Subcontractor Sub-Broker may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs Sub-Brokers, BROKERs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER DASNY conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER BROKER shall not enter into any Subcontract with a Subcontractor or Sub-Broker in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER BROKER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER Sub-Broker, BROKER or supplier from whom the CONSTRUCTION MANAGER BROKER has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERBROKER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNERXXXXX’s rejection of the CONSTRUCTION MANAGERBROKER’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Commercial General and Excess Liability Insurance Broker Services
Cooperation with Investigations. The CONSTRUCTION MANAGER BROKER agrees to cooperate fully and faithfully with any investigation, audit or inquiry conducted by the Office of Internal Affairs Professional Integrity (“OIAOPI”) of the OWNER DASNY or any other duly authorized representative of the OWNER DASNY (“Representative”). The CONSTRUCTION MANAGER BROKER shall grant the OIA OPI or the Representative the right to examine all books, records, files, accounts, computer records, documents and correspondence, including electronically-stored information, in the possession or control of the CONSTRUCTION MANAGERBROKER, its subsidiaries and affiliated companies and any other company directly or indirectly controlled by the CONSTRUCTION MANAGERBROKER, relating to the CONSTRUCTION MANAGERBROKER. These shall include, but not be limited to: Subcontracts; bid files; payroll and personnel records; cancelled checks; correspondence; memoranda; reports; audits; vendor qualification records; original estimate files; change order/amendment estimate files; detailed worksheets; Subcontractor, CONSTRUCTION MANAGER BROKER and supplier proposals for both successful and unsuccessful bids; back-charge logs; any records detailing cash, trade, or volume discounts earned; insurance proceeds, rebates or dividends received; payroll and personnel records; tax returns, and the supporting documentation for the aforesaid books and records. At the OIAOPI’s or the Representative’s request, said materials shall be provided in a computer readable format, where available. At the request of the OIA OPI or the Representative, the CONSTRUCTION MANAGER BROKER shall execute such documents, if any, as are necessary to give the OIA OPI or the Representative access to Contract-related books, documents or records which are, in whole or part, under control of the CONSTRUCTION MANAGER BROKER but not currently in the CONSTRUCTION MANAGERBROKER’s physical possession. The CONSTRUCTION MANAGER BROKER shall not enter into any agreement with a Subcontractor, CONSTRUCTION MANAGER BROKER or supplier, in connection with the Contract, that does not contain a right to audit clause in favor of the OWNERDASNY. The CONSTRUCTION MANAGER BROKER shall assist the OIA OPI or the Representative in obtaining access to past and present Subcontractor, CONSTRUCTION MANAGER BROKER and supplier amendment/change order files (including detailed documentation covering negotiated settlements), accounts, computer records, documents, correspondence, and any other books and records in the possession of Subcontractors, CONSTRUCTION MANAGERs BROKERs and suppliers pertaining to the Contract, and, if appropriate, enforce the right-to-audit provisions of such agreements. The CONSTRUCTION MANAGER BROKER shall assist the OIA OPI or the Representative in obtaining access to, interviews with, and information from all former and current persons employed and/or retained by the CONSTRUCTION MANAGERBROKER, for purposes of the Contract. The CONSTRUCTION MANAGER BROKER shall require each Subcontractor to include in all agreements that the Subcontractor may hereinafter enter into with any and all Subcontractors, CONSTRUCTION MANAGERs BROKERs and suppliers, in connection with the Contract, a right-to-audit clause in favor of the OWNER DASNY conferring rights and powers of the type outlined in this section. The CONSTRUCTION MANAGER BROKER shall not enter into any Subcontract with a Subcontractor in connection with the Contract that does not contain such a provision. The CONSTRUCTION MANAGER BROKER shall not make any payments to a Subcontractor, CONSTRUCTION MANAGER BROKER or supplier from whom the CONSTRUCTION MANAGER BROKER has failed to obtain and supply to the OIA or the Representative complete, accurate and truthful information in compliance with a request from the OIA OPI or the Representative to the CONSTRUCTION MANAGERBROKER. Any violation of the provisions of this Article shall justify termination of this Contract and may result in the OWNERDASNY’s rejection of the CONSTRUCTION MANAGERBROKER’s bids or proposals for future contracts.
Appears in 1 contract
Samples: Workers' Compensation and Auto Liability Insurance Program Contract