Common use of BIDDER’S REPRESENTATIONS Clause in Contracts

BIDDER’S REPRESENTATIONS. Each Bidder by submitting his Bid represents that: A. He has read and understands the Bidding Documents and his Bid is made in accordance therewith; and ▇▇▇▇▇▇ agrees to be bound by the terms and requirements set forth in the Bidding and Contract Documents; B. He has visited the site, has familiarized himself with the local conditions under which the Work is to be performed in accordance with Article I-9 herein, and has correlated his observations with the requirements of the proposed Contract Documents; C. His Bid is based upon the materials, systems and equipment required by the Bidding Documents without exception; and D. He has the capability, in all respects, and the moral and business integrity, reliability, technical ability, financial resources, plant, management, superintendents, equipment and materials which will assure effective and efficient good faith performance in full compliance with the Contract Documents and with any and all schedules and Milestone and Completion dates required by the Owner. The Bidder acknowledges and represents in his estimating, planning and scheduling of the Work that the Contract Time has made allowances for normal inclement weather indigenous to the Project Site. The Bidder hereby certifies that the work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified. i. He shall employ a competent superintendent who shall be in attendance on site during all construction activities for the execution of the work. The superintendent shall be approved by the Owner, and shall continue in that capacity on this project for the duration of the project, unless he ceases to be on the Contractor’s payroll or the Owner otherwise agrees. The superintendent shall represent the Contractor and all communication given to the superintendent shall be binding as if given to the Contractor. ▇. ▇▇ agrees that upon receipt of the Notice of Award, he will execute the Contract, and will deliver all bonds and proof of insurance coverage as required by the Bidding Documents. F. He agrees to execute the Contract within ten (10) buisness days from the date of Notice of Award, and in case he fails or neglects to appear within the specified time to execute the Contract, he will be considered as having abandoned the Contract, and any Bid Security accompanying this Proposal will be forfeited to the Owner by reason of such failure on the part of the Bidder. ▇. ▇▇ has made a “good faith effort” to meet New Hanover County School’s verifiable ten percent (10%) goal for participation by minority businesses in the total value of the work. The Bidder shall identify on its bid the minority businesses that it will use on the project. The Bidder shall submit along with the bid an affidavit listing the “good faith efforts” it has made pursuant to subsection (f) of G.S. 143-128.2 and the total dollar value of the bid that will be performed by the minority businesses. A bidder that performs all of the work under the contract with its own workforce may submit an affidavit to that effect in lieu of the aforementioned affidavit otherwise required under this subsection.

BIDDER’S REPRESENTATIONS. Each The Bidder by submitting his Bid represents and agrees that: A. He The Bidder has read and understands the Bidding Documents and his Bid is made in accordance therewith; and ▇▇▇▇▇▇ agrees to be bound by the terms and requirements set forth in the Bidding and Contract Documents; B. He The Bidder understands how the Bidding Documents relate to other portions of the Project, if any, being bid concurrently or presently under construction; C. The Bid complies with the Bidding Documents; D. The person or persons who have signed and submitted this Bid are legally authorized to do so and to bind the Bidder to a contract; E. The Bidder has visited the site, has familiarized himself become familiar with the local conditions under which the Work is to be performed in accordance with Article I-9 hereinperformed, and has correlated his the Bidder’s observations with the requirements of the proposed Proposed Contract DocumentsDocuments listed above; C. His F. The Bid is based upon the materials, equipment, and systems and equipment required by the Bidding Documents without exception; and; D. He has G. The bidder is complying with and will continue to comply with fair labor standards in the capability, pursuit of their business and in all respects, and the moral and business integrity, reliability, technical ability, financial resources, plant, management, superintendents, equipment and materials which will assure effective and efficient good faith performance in full compliance with the Contract Documents and with any and all schedules and Milestone and Completion dates required by the Owner. The Bidder acknowledges and represents in his estimating, planning and scheduling of the Work that the Contract Time has made allowances for normal inclement weather indigenous to the Project Site. The Bidder hereby certifies that the work shall be completed, in place, in full accordance with the Contract Documents, within the time limits specified. i. He shall employ a competent superintendent who shall be in attendance on site during all construction activities for the execution of the work. contract which is being bid; H. The superintendent shall be approved by Bidder waives any claim it has, or may have, against the OwnerSchool District and its agents or representatives, and shall continue their respective employees, arising out of, or in connection with, the administration, evaluation, or recommendation of any bid; waiver of any requirements under the bid documents or the contract documents; acceptance or rejection of any bids; and award of the contract; I. The Bidder is familiar with and is satisfied as to all Federal, State, and local Laws and Regulations that capacity on this project may affect cost, progress, and performance of the Work; J. The Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the duration determination of this Bid for performance of the project, unless he ceases to be on Work at the Contractor’s payroll or price(s) bid and within the Owner otherwise agrees. The superintendent shall represent times and in accordance with the Contractor other terms and all communication given to the superintendent shall be binding as if given to the Contractor. ▇. ▇▇ agrees that upon receipt conditions of the Notice of Award, he will execute the Contract, and will deliver all bonds and proof of insurance coverage as required by the Bidding Documents. F. He agrees K. The Bidder is aware of the general nature of the Work to execute be performed by Owner and others at the Contract within ten (10) buisness days Site that relates to the Work as indicated in the Bidding Documents. L. The Bidder has correlated the information known to Bidder, information and observations obtained from visits to the date of Notice of AwardSite, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. M. The Bidder has given the Architect and/or the Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in case he fails or neglects the Bidding Documents, and the written resolution thereof by Architect and/or the Owner is acceptable to appear within the specified time to execute the Contract, he will be considered as having abandoned the ContractBidder; N. The Bidder, and any subcontractor, is not currently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from submitting bids to any State or Federal department or agency or any political subdivision of the State of Nebraska; O. This Bid Security accompanying this Proposal will be forfeited to is genuine and not made in the Owner by reason interest of such failure or on the part behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; P. The Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Q. The Bidder has not solicited or induced any individual or entity to refrain from bidding; and R. The Bidder has read and understands the Bidder. ▇. ▇▇ has made a “good faith effort” to meet New Hanover County School’s verifiable ten percent (10%) goal for participation by minority businesses provisions set forth in the total value of the work. The Bidder shall identify on its bid the minority businesses that it will use on the project. The Bidder shall submit along with the bid an affidavit listing the “good faith efforts” it has made pursuant to subsection (f) of G.S. 143-128.2 and the total dollar value of the bid that will be performed by the minority businesses. A bidder that performs all of the work under the contract with its own workforce may submit an affidavit to that effect in lieu of the aforementioned affidavit otherwise required under this subsection.Bidding Documents, including but not limited to: