CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 26 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 19 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the IFB; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 16 contracts
Sources: Contract for Electrical Equipment Inspection, Testing, Repair, and Maintenance, Work Order, Work Order
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner County to enter into this ContractAgreement, Contractor makes the following representations:
1. 5.1 Contractor has examined and carefully studied the Contract Documents, Documents and the other related data identified in the Bidding Documents including Addendathe “technical data”.
2. 5.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 5.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 5.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site which have been identified identified. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor’s purposes. Contractor acknowledges that the County and Engineer of Record do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports and drawingssite.
5. 5.5 Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered correlated the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; Contractor, information and observations obtained from visits to the Site; the Contract Documents; site, reports and the Technical Data drawings identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, Contract Documents and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further all additional examinations, investigations, explorations, tests, studies, or studies and data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 5.6 Contractor has given Engineer of Record written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer of Record is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by 5.7 Contractor represents and agrees that without exception all prices in the Agreement there are premised upon performing and furnishing the Work required by no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under the Contract Documents.
5.8 Contractor warrants, represents, and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver this Agreement, and the individual executing the Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor; or (ii) if it is a partnership, limited partnership, or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Agreement and perform all its obligations under the Contract Documents; and the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor.
5.9 Neither the execution and delivery of this Agreement by Contractor nor the performance of its obligations under the Contract Documents will result in the violation of any provision, if a corporation, of its articles of incorporation or by- laws, if a limited liability company, of its articles of organization or regulations, or if a partnership, by any partnership agreement by which Contractor is bound, or any agreement by which Contractor is bound or to the best of the Contractor’s knowledge and belief, will conflict with any order or decree of any court or governmental instrumentality relating to Contractor.
5.10 Except for the obligation of the County to pay Contractor the Contract Price pursuant to the terms of the Contract Documents, and to perform certain other obligations pursuant to the terms and conditions explicitly set forth in the Contract Documents, County shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of County to Contractor, no present or future partner or affiliate of County or any agent, officer, director, or employee of County, or of the various departments comprising Williamson County, or anyone claiming under County has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.
Appears in 14 contracts
Sources: Standard Form of Agreement, Standard Form of Agreement, Standard Form of Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner City to enter into this Contract, Agreement Contractor makes the following representations:
1. 8.1 Contractor has examined and carefully studied the Contract Documents, Documents and other related data identified in the Bidding Documents including Addenda"technical data."
2. 8.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 8.3 Contractor is familiar with and is satisfied as to all Laws federal, state and Regulations local laws and regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 8.4 Contractor has carefully studied the examined all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except underground facilities) which have been identified in Paragraph 4.02 A of the Supplementary General Conditions, with respect to . Contractor accepts the Technical Data determination set forth in Paragraph 4.02 B of the General Conditions of the extent of the "technical data" contained in such reports and drawings.
5drawings upon which Contractor is entitled to rely as provided in Paragraph 4.02 B.1 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and underground facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Pricecontract price, within the Contract Times, contract times and in accordance with the other terms and conditions of the Contractcontract documents.
8. 8.5 Contractor is aware of the general nature of work to be performed by Owner City and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 8.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
8.7 Contractor has given Engineer City written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the . Contractor certifies that any written resolution thereof by Engineer City is acceptable to Contractor.
10. The and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
118.8 Contractor shall make prompt payment to its subcontractors and suppliers for amounts owed for work performed on the construction project within seven days after receipt of payment from the City. If Contractor fails to pay Contractor’s entry into this Contract constitutes an incontrovertible representation subcontractor and suppliers by first-class mail or hand delivery within seven days of receipt of payment, Contractor that without exception shall pay interest to Contractor’s subcontractors and suppliers beginning on the eight day after payment was due, computed at one and one-half percent of the undisputed amount per month or fraction of a month until payment is issued. These payment provisions apply to all prices in the Agreement are premised upon performing tiers of contractors, subcontractors and furnishing the Work required by the Contract Documentssuppliers.
Appears in 14 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order Contractor represents and warrants the following to induce Owner as a material inducement to Owner to enter into execute this ContractAgreement, Contractor makes which representations and warranties shall survive the following representationsexecution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work:
1. Contractor is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so;
2. Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda enumerated herein) and the other related data identified in the Bidding Documents including "technical data."
23. Contractor has visited the Site, conducted a thorough visual examination site of the Site Project and adjacent areas, and become is familiar with the general, local, local conditions under which the Work is to be performed and Site conditions that may affect cost, progress, and performance has correlated observations with the requirements of the Work.Contract Documents; and
34. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
45. Contractor possesses a high level of experience and expertise in the business administration, construction and superintendence of projects of the size, complexity and nature of the Project involving, among other things, the Work to be performed hereunder, and will perform the Work with the care, skill and diligence of such a contractor.
6. Contractor represents and warrants and the Owner awards this Agreement upon the express warranty of the Contractor that he has not, nor has any other member, representative, agent, or officer of the firm, company, corporation or partnership represented by the Contractor:
a. employed or retained any company or person, to solicit or secure this Agreement;
b. entered into or offered to enter into any combination, collusion, or agreement to receive or pay and that the Contractor has not received or paid, any fee, commission, percentage, or any other consideration, contingent upon or resulting from the award of and the execution of this Agreement, excepting such consideration and subject to the terms and conditions expressed upon the face of the within Agreement.
7. Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary ConditionsSpecial Conditions listed in Appendix B, with respect to if any. Contractor accepts the Technical Data determination set forth in the General Conditions of the extent of the "technical data" contained in such reports and drawings.
5drawings upon which Contractor is entitled to rely. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents. For a breach or violation of this representation, the Owner shall have the right to cancel this Agreement without liability and to recover, at the election of the Owner, any and all monies or other consideration paid hereunder.
8. Contractor is aware of has correlated the general nature of work information known to be performed by Owner Contractor, information and others at the Site that relates observations obtained from visits to the Work as indicated site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance performing and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 13 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.and
Appears in 8 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions, with respect to the Technical Data in such reports Conditions as containing reliable "technical data," and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable "technical data."
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 7 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions, with respect to the Technical Data in such reports Conditions as containing reliable "technical data," and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable "technical data."
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 7 contracts
Sources: Construction Contract, Standard Form of Agreement Between Owner and Contractor, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. 5.1 Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article 7) and the other related data identified in the Project Documents including "technical data."
2. 5.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 5.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary ConditionsBid documents. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown, indicated in the Contract Documents with respect to Underground Facilities at, or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions precautions, and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 5.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 7 contracts
Sources: Construction Agreement, Construction Agreement, Construction Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this Contract, Agreement the Contractor makes the following representations:
1. 8.1 The Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article IX) and other related data indentified in the Documents including “technical data” and performed a constructability review.
2. 8.2 The Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the generalgeneral local and site conditions, local, and Site conditions including utilities that may affect cost, progress, performance and performance furnishing of the Work.
3. 8.3 The Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance or furnishing of the Work.
4. 8.4 The Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of if physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions, with respect to . Contractor accepts the Technical Data determination set forth in the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings.
5drawings upon which the Contractor is entitled to rely as provided in the General Conditions. The Contractor has carefully studied the acknowledges that such reports and drawings relating to Hazardous Environmental Conditions, if any, at are not Contract Documents and may not be complete for the Contractor’s purposes. The Contractor acknowledges that the City and the Design Professional shall not assume responsibility for the accuracy or adjacent to the Site that have been identified completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Technical Data in such reports and drawings.
6Underground Facilities at or contiguous to the site. The Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information obtained and observations obtained from visits carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; the Contractor and (c) Contractor’s safety precautions and programs.
7programs incident hereto. Based on the information and observations referred to in the preceding paragraph, The Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 8.5 The Contractor is aware of the general nature of work to be performed by Owner the City and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 8.6 The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all examinations, investigations, explorations, tests, studies and data with the Contract Documents.
8.7 The Contractor has given Engineer the City written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that the Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the City is acceptable to the Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 5 contracts
Sources: Standard Agreement for Contracting Services, Standard Agreement for Contracting Services, Standard Agreement for Contracting Services
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the TOWN to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representationsrepresentations and commitments:
1. Contractor 5.1 CONTRACTOR has examined and carefully studied the Contract Documents, (including any and all Addenda) and the other related data identified in the Bidding Documents including "technical".
2. Contractor 5.2 CONTRACTOR has visited inspected the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 5.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, progress and performance furnishing of the Work.
4. Contractor 5.4 CONTRACTOR has carefully studied the all reports of explorations exploration and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions relating to existing surface or subsurface structures (except Underground Facilities) at or contiguous to the Site that site which have been identified in the Supplementary General Conditions, . CONTRACTOR accepts the determination set forth in said General Conditions. CONTRACTOR acknowledges that such reports and drawings are not CONTRACT DOCUMENTS and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that the TOWN and the Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to such reports, drawings or to Underground Facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has conducted, obtained and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at (or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (aassumes responsibility for having done so) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further all necessary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
85.4.1 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. Contractor No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the General Conditions.
5.5 CONTRACTOR is aware of the general nature of work to be performed by Owner the TOWN and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 5.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests studies and data with the Contract Documents.
5.7 CONTRACTOR has given Engineer the Project Manager written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the Project Manager is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in 5.8 CONTRACTOR will use its best skill and workmanship to provide Work of the Agreement are premised upon performing and furnishing the Work required by the Contract Documentshighest quality.
Appears in 5 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the RFP; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 5 contracts
Sources: On Call Large Pipeline Contractor Services Agreement, Work Order for General Contractor Related Services, Cured in Place Pipe Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner County to enter into this ContractAgreement, Contractor makes the following representations:
1. 5.1 Contractor has examined and carefully studied the Contract Documents, Documents and the other related data identified in the Bidding Documents including Addendathe “technical data”.
2. 5.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 5.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 5.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site which have been identified identified. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor’s purposes. Contractor acknowledges that the County and Engineer of Record do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports and drawingssite.
5. 5.5 Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered correlated the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; Contractor, information and observations obtained from visits to the Site; the Contract Documents; site, reports and the Technical Data drawings identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, Contract Documents and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further all additional examinations, investigations, explorations, tests, studies, or studies and data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 5.6 Contractor has given Engineer of Record written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer of Record is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by 5.7 Contractor represents and agrees that without exception all prices in the Agreement there are premised upon performing and furnishing the Work required by no obligations, commitments, or impediments of any kind that will limit or prevent performance of its obligations under the Contract Documents.
5.8 Contractor warrants, represents, and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver this Agreement, and the individual executing the Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor; or (ii) if it is a partnership, limited partnership, or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Agreement and perform all its obligations under the Contract Documents; and the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor.
5.9 Neither the execution and delivery of this Agreement by Contractor nor the performance of its obligations under the Contract Documents will result in the violation of any provision, if a corporation, of its articles of incorporation or by- laws, if a limited liability company, of its articles of organization or regulations, or if a partnership, by any partnership agreement by which Contractor is bound, or any agreement by which Contractor is bound or to the best of the Contractor’s knowledge and belief, will conflict with any order or decree of any court or governmental instrumentality relating to Contractor.
5.10 Except for the obligation of the County to pay Contractor the Contract Price pursuant to the terms of the Contract Documents, and to perform certain other obligations pursuant to the terms and conditions explicitly set forth in the Contract Documents, County shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of County to Contractor, no present or future partner or affiliate of County or any agent, officer, director, or employee of County, or of the various departments comprising ▇▇▇▇▇▇▇▇▇▇ County, or anyone claiming under County has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.
Appears in 4 contracts
Sources: Standard Form of Agreement, Standard Form of Agreement, Standard Form of Agreement
CONTRACTOR’S REPRESENTATIONS. A. 7.01 In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents, including AddendaDocuments and the other related data identified in the Invitation to Bid documents.
2. Contractor B. ▇▇▇▇▇▇▇▇▇▇ has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor D. CONTRACTOR has obtained and carefully studied the reports of explorations (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and tests of subsurface data concerning conditions (surface, subsurface, and Underground Facilities) at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the which may affect cost, progress, and or performance of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; CONTRACTOR, including applying the specific means, methods, techniques, sequences, and (c) Contractor’s procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees E. CONTRACTOR does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor F. ▇▇▇▇▇▇▇▇▇▇ is aware of the general nature of work to be performed by Owner OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. ▇▇▇▇▇▇▇▇▇▇ has given Engineer OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer OWNER is acceptable to ContractorCONTRACTOR.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 4 contracts
Sources: Construction Contract, Contract Agreement, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to 7.01 To induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has obtained and carefully studied the reports of explorations (or assumes responsibility for doing so) all examinations, investigations, explorations, tests, studies, and tests of subsurface data concerning conditions (surface, subsurface, and Underground Facilities) at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the which may affect cost, progress, and or performance of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; , including any specific means, methods, techniques, sequences, and (c) Contractor’s procedures of construction expressly required by the Bidding Documents, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, E. Contractor agrees does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 3 contracts
Sources: Construction Contract, Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. 6.1 Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article 7) and the other related data identified in the Project Documents including "technical data."
2. 6.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 6.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary ConditionsBid documents. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown, indicated in the Contract Documents with respect to Underground Facilities at, or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions precautions, and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 6.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner VILLAGE to enter into this Contract, Contractor CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical data.”
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the reports of explorations made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface and tests of subsurface conditions at or adjacent to on the Site site. CONTRACTOR acknowledges that VILLAGE does not assume responsibility for the accuracy or completeness of information and the drawings of physical conditions relating to existing surface data shown or subsurface structures at the Site that have been identified indicated in the Supplementary Conditions, Contract Documents with respect to underground facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has obtained and drawings.
5. Contractor has carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 The CONTRACTOR is aware of the general nature of work Work to be performed by Owner VILLAGE and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 The CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7 The CONTRACTOR has given Engineer the VILLAGE’S REPRESENTATIVE written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the VILLAGE’S REPRESENTATIVE is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into 7.8 The CONTRACTOR warrants the following:
7.8.1 Anti‐Discrimination: The CONTRACTOR agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract constitutes because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an incontrovertible representation individual to perform in a position of employment, and to abide by Contractor all federal and state laws regarding non‐discrimination.
7.8.2 Anti‐Kickback: The CONTRACTOR warrants that without exception all prices no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the VILLAGE or any other applicable federal or state agency, has any interest, financially or otherwise, in the Agreement are premised upon performing and furnishing Project. For breach or violation of this warranty, the Work required by VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract DocumentsPrice or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the , and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.
65. Contractor has considered and correlated the information known to Contractor itselfthe Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions all additional or by definitionsupplementary examinations, investigations, explorations, tests, studies, and data with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
76. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
87. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
98. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
109. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
1110. Contractor has reviewed and understands the Use of American Iron and Steel requirements of the Drinking Water State Revolving Fund. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices bid reflects their best, good faith effort to identify domestic sources of iron and steel, where such American-made products were available to meet the contract times. All iron and steel products contained in the Agreement are premised upon performing Contractor’s bid will be produced in the United States in a manner that complies with the Use of American Iron and furnishing Steel requirements, unless a waiver is approved. Contractor will provide further verification, certification or assurance of compliance, or information necessary to support a waiver of the Work required Use of American Iron and Steel requirements. Contractor understands that any failure to comply with the Use of American Iron and Steel requirement shall permit the Owner or the State to recover as damages against the Contractor any loss, expense, or cost (including without limitation to engineering or attorney’s fees) incurred by the Contract DocumentsOwner or the State resulting from any such failure. While the Contractor has no direct contractual privity with the State, as a lender to Owner for the funding of this project, the Owner and Contractor agree that the State is a third-party beneficiary and neither this paragraph, nor any other provision of this Agreement necessary to give this paragraph force or effect, shall be amended or waived without the prior written consent of the State.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data."
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions in or relating to existing surface at or subsurface structures at contiguous to the Site that site which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions, with respect to . CONTRACTOR accepts the Technical Data determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings.
5drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor has carefully studied the CONTRACTOR acknowledges that such reports and drawings relating to Hazardous Environmental Conditionsare not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, if anyinvestigations, explorations, test, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner CITY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Workwork.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Workwork.
4. Contractor 7.4 CONTRACTOR has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site Project site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings(except underground facilities).
6. Contractor 7.5 CONTRACTOR has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information obtained and observations obtained from visits carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the Site which may affect cost, progress, and or performance of the Work; (b) work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; CONTRACTOR, including applying the specific means, methods, techniques, sequences, and (c) Contractor’s procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees 7.6 CONTRACTOR does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work work at the Contract Pricecontract price, within the Contract Timescontract times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.7 CONTRACTOR is aware of the general nature of work to be performed by Owner the City and others others, if any, at the Site Project location that relates to the Work work as indicated in the Contract Documents.
9. Contractor 7.8 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
7.9 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. 7.10 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing furnishings of the Workwork.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor 7.11 It is expressly agreed that without exception all prices CONTRACTOR is and shall be in the performance of all work, services, and activities under this Agreement are premised upon performing an independent CONTRACTOR and furnishing not an employee, agent, or servant of the Work required by CITY. All persons engaged in any work, service or activity performed pursuant to this Agreement shall at all times and in all places be subject to CONTRACTOR'S sole direction, supervision and control. CONTRACTOR shall exercise control over the Contract Documentsmeans and manner in which it and its employees perform and work. In all respects CONTRACTOR’S relationship and the relationship of its employees to the CITY shall be that of an independent CONTRACTOR and not as employees or agents of the CITY.
7.12 In the event CONTRACTOR, during the term of this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered under this Agreement, CONTRACTOR must secure the prior written approval of CITY’S Purchasing Agent. CONTRACTOR shall be solely and exclusively responsible for payment to all subcontractors and obtaining the necessary Release of Liens. CITY shall in no way be obligated for payments to any subcontractors.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this ContractAgreement, Contractor ▇▇▇▇▇▇▇▇▇▇ makes the following representations:
1. Contractor : CONTRACTOR has examined familiarized himself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areaslocality, and become familiar with the generalall local conditions and federal, localstate and local laws, ordinances, rules and Site conditions regulations that in any manner may affect cost, progress, and progress or performance of the Work.
3. Contractor is familiar with CONTRACTOR has studied carefully all Laws reports of investigations and Regulations that may affect test of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, and progress or performance of the Work.
4. Contractor has carefully studied Work which were relied upon by Engineer in the reports preparation of explorations the Drawings and tests of subsurface conditions at or adjacent to the Site Specifications and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that which have been identified in the Supplementary ConditionsContract Documents. CONTRACTOR has made or caused to be made examinations, with respect to the Technical Data in investigations and test, and studies of such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating related data in addition to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations those referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the Contract.
8Contract Documents; and no additional examinations, investigations, test, reports or similar data are or will be required by Contractor for such purposes. Contractor is aware CONTRACTOR has correlated the results of all such observations, examinations, investigations, test reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor ▇▇▇▇▇▇▇▇▇▇ has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10CONTRACTOR. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: Official Notice Instructions to Bidders, General and Supplementary Conditions, Addenda, Specifications, Plans, Drawings, Pre-qualification Statement, completed Bonds and Bid Form, Contract, all Amendments, Modifications, Change Orders and Supplements issued on or after the effective date of agreement. There are no Contract Documents other than those listed above. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing may only be altered, amended, modified or repealed by a Modification (as defined in Section 1 of the WorkGeneral Conditions).
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, The Contractor makes the following representations:
1. : The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. The Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. The Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. The Contractor has carefully studied the following Site-related reports of explorations and tests of drawings as identified in the Supplementary Conditions: Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site and the drawings Site; Drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified Site; Underground Facilities referenced in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports ; Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Site; and Technical Data in such related to each of these reports and drawings.
6. The Contractor has considered the information the: Information known to Contractor itselfContractor; information Information commonly known to contractors doing business in the locality of the Site; information Information and observations obtained from visits to the Site; the and The Contract Documents; and . The Contractor has considered the Technical Data items identified in the Supplementary Conditions or by definition, Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and Technical Data on (a) the documents on: The cost, progress, and performance of the Work; (b) the The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraphparagraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8Contract Documents. The Contractor is aware of the general nature of work Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. The Contractor has given Engineer the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof provided by Engineer the OAR is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER’S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the OWNER to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor 13.1 CONTRACTOR has examined familiarized itself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions Laws and Regulations that in any manner may affect cost, progress, and performance performance, or furnishing of the Work.
3. Contractor is familiar with all Laws 13.2 CONTRACTOR has obtained and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations (or assumes responsibility for obtaining and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in carefully studying) all such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studiesreports, and studies which pertain to the subsurface or physical conditions at or contiguous to the site or which otherwise may affect the cost, progress, performance, or data are furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract TimesTime, and in accordance with the other terms and conditions of the ContractContract Documents and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes.
8. Contractor is aware 13.3 CONTRACTOR has reviewed and checked all information with respect to existing Underground Facilities at or contiguous to the site or sites of the general nature Work and assumes responsibility for the accurate location of work said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to be performed by Owner perform and others furnish the Work at the Site that relates to Contract Price, within the Work as indicated Contract Time, and in accordance with the other terms and conditions of the Contract Documents.
9. Contractor 13.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.
13.5 CONTRACTOR has given Engineer the OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor it has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the OWNER is acceptable to ContractorCONTRACTOR.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Technical Services Agreement, Technical Services Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, The Contractor makes the following representationsrepresentations and acknowledges the Owner's reliance thereon:
15.1. the Contractor is skilled and experienced in all aspects of construction work and is well able to perform the Work within the Contract Time and for the Contract Price;
5.2. the Contractor is an expert in this field of work and is fully knowledgeable and experienced in all aspects of required procedures, methods, regulations, codes, and municipal or other local, provincial and/or national requirements and understands that the Owner is relying on this expertise, knowledge and experience;
5.3. the Contractor has examined the Place of the Work as provided in Clause 17 of the Instructions to Bidders and carefully studied has familiarized itself with the nature and extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork and with all local conditions and federal, conducted a thorough visual examination of provincial and local laws, ordinances, rules and regulations that in any manner affect the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and progress or performance of the Work.;
35.4. the Contractor is familiar with all Laws acknowledges that the Information Documents and Regulations any Additional Data have been or shall be made available to the Contractor for the Contractor’s information only and that may affect cost, progress, and performance the Contractor has made such inspection of the Work.Information Documents and any Additional Data as the Contractor deems appropriate for the Contractor’s purposes. The Contractor further acknowledges that:
45.4.1. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site Information Documents and the drawings Additional Data are or shall be provided without warranty of physical conditions relating to existing surface any kind, express or subsurface structures at implied;
5.4.2. neither the Site Owner nor the Engineer has represented that have been identified in the Supplementary ConditionsInformation Documents or the Additional Data are accurate, with respect to complete or suitable for the Technical Contractor’s purposes;
5.4.3. the Information Documents and any Additional Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality do not form part of the Site; information and observations obtained from visits to the Site; the Contract Documents; and and
5.4.4. any reliance made by the Technical Contractor on the Information Documents or the Additional Data identified in is entirely at the Supplementary Conditions Contractor’s own risk;
5.5. the Contractor has made or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction caused to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further made examinations, investigations, explorationsand tests and has carefully studied reports and related data based thereon or obtained therefrom, testsin addition to those referred to in Clause 5.4 hereof, studies, or data are as it deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the Contract.Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or shall be required by the Contractor for such purpose;
85.6. the Contractor is aware has correlated the results of all such observations, examinations, investigations, tests, reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.;
95.7. the Contractor has given the Engineer written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor it has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by the Engineer is acceptable to Contractor.
10. The the Contractor or, if no written notice has been given, the Contractor acknowledges that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Workacceptable as written.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
76. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
87. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
98. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
109. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
1110. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this ContractAgreement, Contractor ▇▇▇▇▇▇▇▇▇▇ makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data."
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions, with respect to . CONTRACTOR accepts the Technical Data determination set forth in paragraph 4.2.1.3 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings.
5drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor has carefully studied the CONTRACTOR acknowledges that such reports and drawings relating to Hazardous Environmental Conditions, if any, at are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or adjacent to the Site that have been identified completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits Underground Facilities at or contiguous to the Site; the Contract Documents; site. CONTRACTOR has obtained and the Technical Data identified in the Supplementary Conditions carefully studied (or by definitionassumes responsibility for having done so) all such additional supplementary examinations, with respect investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the effect of such information, observations, and Technical Data on (a) the site or otherwise which may affect cost, progress, and performance or furnishing all the Work or which relate to any aspect of the Work; (b) the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7 CONTRACTOR has given Engineer OWNER and ENGINEER written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER, as approved by OWNER, is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 2 contracts
Sources: Construction Contract, Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner Port to enter into this ContractAgreement, Contractor makes the following representationsrepresentations and warranties:
1. 5.1 Contractor has visited the Site and has examined thoroughly and carefully studied understood the nature and extent of the Contract Documents, including Addenda.
2. Contractor has visited the Work, Site, conducted a thorough visual examination of the Site and adjacent areaslocality, actual conditions, as-built conditions, and become familiar with the general, localall local conditions, and Site conditions federal, state and local laws and regulations that in any manner may affect cost, progress, and performance or furnishing of Work or which relate to any aspect of the Workmeans, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. 5.2 Contractor has carefully studied the examined thoroughly and understood all reports of explorations exploration and tests of subsurface conditions at conditions, as-built drawings, drawings, products specifications or adjacent to the Site and the drawings reports, available for Bidding purposes, of physical conditions relating to existing surface or subsurface structures at the Site that conditions, including Underground Facilities, which have been identified made available for Bidders or which may appear in the Supplementary Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, with respect to the Technical Data Contractor does not and shall not rely on any other information contained in such reports and drawings.
5. 5.3 Contractor has carefully studied the reports obtained and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in has understood all such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studiesreports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or data are contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of the Work at the Contract PriceSum, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.
8. 5.4 Contractor is aware has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 5.5 Contractor has given Engineer Port prompt written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor it has discovered in or among the Contract Documents, Documents and of discrepancies between Site as-built drawings and actual conditions and the Contract Documents, and the written resolution thereof through Addenda issued by Engineer Port is acceptable to Contractor.
105.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.
5.7 Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Workdo not violate or create a default under any instrument, agreement, order or decree binding on Contractor.
11. Contractor5.8 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq.: Name of Subcontractor and Location of Mill or Shop Description of Work: Reference To Bid Items Subcontractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract DocumentsLicense No.
Appears in 2 contracts
Sources: Construction Contract, Contract Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to To induce Owner the city to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Design-Build criteria, Contract Documents, including Addenda.
2. Contractor has visited the Sitethis Work Order, conducted a thorough visual examination of the Site and adjacent areaswork, site, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programswork.
7. Based on the information 7.2 Contractor has obtained at his/her own expense and observations referred to in the preceding paragraphcarefully studied, Contractor agrees that no further examinationsor assumes responsibility for obtaining and carefully studying, available soil investigations, explorations, testsand test reports which pertain to the subsurface conditions at or contiguous to the site or otherwise may affect the cost, studiesprogress, performance or data are furnishing of the work as Contractor considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the RFQ; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes unless specifically included in the Scope of Services.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated in the general nature of work Design-Build criteria and the Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities before commencing work. If required, additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor to perform and furnish the work under the cost shall be included in the Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor will correlate the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer the City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Design Build Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner CITY to enter into this Contract, Contractor CONTRACTOR makes the following representations:
1. Contractor 8.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical data.”
2. Contractor 8.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 8.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 8.4 CONTRACTOR has carefully studied the reports of explorations made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface and tests of subsurface conditions at or adjacent to on the Site site. CONTRACTOR acknowledges that CITY does not assume responsibility for the accuracy or completeness of information and the drawings of physical conditions relating to existing surface data shown or subsurface structures at the Site that have been identified indicated in the Supplementary Conditions, Contract Documents with respect to underground facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has obtained and drawings.
5. Contractor has carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 8.5 The CONTRACTOR is aware of the general nature of work Work to be performed by Owner CITY and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 8.6 The CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
8.7 The CONTRACTOR has given Engineer the CITY’S REPRESENTATIVE written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the CITY’S REPRESENTATIVE is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in 8.8 The CONTRACTOR warrants the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.following:
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Paragraph 8) and the other related data identified in the Bidding Documents including “technical data.”
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all Laws federal, state, and Regulations local laws and regulations that may affect cost, progress, performance, and performance furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.2.1 of the General Conditions, with respect to . CONTRACTOR accepts the Technical Data determination set forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings.
5drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.2 of the General Conditions. Contractor has carefully studied the CONTRACTOR acknowledges that such reports and drawings relating to Hazardous Environmental Conditions, if any, at are not Contract Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or adjacent to the Site that have been identified completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits Underground Facilities at or contiguous to the Site; the Contract Documents; site. CONTRACTOR has obtained and the Technical Data identified in the Supplementary Conditions carefully studied (or by definitionassumes responsibility for having done so) all such additional supplementary examinations, with respect investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the effect of such informationsite, observationsor otherwise, and Technical Data on (a) the which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work Work, as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
7.7 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract (United Wisconsin Grain Producers LLC)
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, The Contractor makes the following representationsrepresentations and acknowledges the Owner's reliance thereon:
15.1. the Contractor is skilled and experienced in all aspects of construction work and is well able to perform the Work within the Contract Time and for the Contract Price;
5.2. the Contractor is an expert in this field of work and is fully knowledgeable and experienced in all aspects of required procedures, methods, regulations, codes, and municipal or other local, provincial and/or national requirements and understands that the Owner is relying on this expertise, knowledge and experience;
5.3. the Contractor has examined the Place of the Work as provided in Clause 18 of the Instructions to Bidders and carefully studied has familiarized itself with the nature and extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork and with all local conditions and federal, conducted a thorough visual examination of provincial and local laws, ordinances, rules and regulations that in any manner affect the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and progress or performance of the Work.;
35.4. the Contractor is familiar with all Laws acknowledges that the Information Documents and Regulations any Additional Data have been or shall be made available to the Contractor for the Contractor’s information only and that may affect cost, progress, and performance the Contractor has made such inspection of the Work.Information Documents and any Additional Data as the Contractor deems appropriate for the Contractor’s purposes. The Contractor further acknowledges that:
45.4.1. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site Information Documents and the drawings Additional Data are or shall be provided without warranty of physical conditions relating to existing surface any kind, express or subsurface structures at implied;
5.4.2. neither the Site Owner nor the Engineer has represented that have been identified in the Supplementary ConditionsInformation Documents or the Additional Data are accurate, with respect to complete or suitable for the Technical Contractor’s purposes;
5.4.3. the Information Documents and any Additional Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality do not form part of the Site; information and observations obtained from visits to the Site; the Contract Documents; and and
5.4.4. any reliance made by the Technical Contractor on the Information Documents or the Additional Data identified in is entirely at the Supplementary Conditions Contractor’s own risk;
5.5. the Contractor has made or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction caused to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further made examinations, investigations, explorationsand tests and has carefully studied reports and related data based thereon or obtained therefrom, testsin addition to those referred to in Clause 5.4 hereof, studies, or data are as it deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the Contract.Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or shall be required by the Contractor for such purpose;
85.6. the Contractor is aware has correlated the results of all such observations, examinations, investigations, tests, reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.;
95.7. the Contractor has given the Engineer written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor it has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by the Engineer is acceptable to Contractor.
10. The the Contractor or, if no written notice has been given, the Contractor acknowledges that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Workacceptable as written.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner County to enter into this Contract, Agreement Contractor makes the following representations:
1. 5.1 Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article 6) and the other related data identified in the Project Documents including "technical data."
2. 5.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 5.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 5.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary ConditionsBid documents. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that County and Engineer do not assume responsibility for the accuracy or completeness of information and data shown, indicated in the Contract Documents with respect to Underground Facilities at, or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions precautions, and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 5.5 Contractor is aware of the general nature of work to be performed by Owner County and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance of the Workor furnishing ofthe work.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance perfonnance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the IFB; and no additional examinations, investigations, explorations, tests, repo1ts, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, repo1ts, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions ofthe Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, repo1ts and studies with the terms and conditions ofthe Contract Documents.
7.5 Contractor has given Engineer the City's Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents, including Addendaand any data and reference items identified in the Contract Documents.
2. B. Contractor has visited the Site, conducted a thorough thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the WorkWork or assumes full responsibility for not visiting the site.
3. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the , and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.
6. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s 's safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s 's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site Site, if any, and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda indicated in Article 8 hereinafter) and the other related data identified in the Bidding Documents, including Addenda.
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the all reports of explorations and tests test of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions, . CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has obtained and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at (or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in assumes responsibility for having done so) all such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further additional supplementary examinations, investigations, explorations, tests, studiesstudies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
CONTRACTOR’S REPRESENTATIONS. A. 6.01 In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents, including AddendaDocuments and the other related data identified in the Invitation to Bid documents.
2. Contractor B. ▇▇▇▇▇▇▇▇▇▇ has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor D. CONTRACTOR has obtained and carefully studied the reports of explorations (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and tests of subsurface data concerning conditions (surface, subsurface, and Underground Facilities) at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the which may affect cost, progress, and or performance of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; CONTRACTOR, including applying the specific means, methods, techniques, sequences, and (c) Contractor’s procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees E. CONTRACTOR does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor F. ▇▇▇▇▇▇▇▇▇▇ is aware of the general nature of work to be performed by Owner OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. ▇▇▇▇▇▇▇▇▇▇ has given Engineer OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer OWNER is acceptable to ContractorCONTRACTOR.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11J. Contractor is registered with and will use the Department of Homeland Security’s E-Verify system (▇▇▇.▇-▇▇▇▇▇▇.▇▇▇) to confirm the employment eligibility of all newly hired employees. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception is also responsible for obtaining proof of E-Verify registration for all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documentssubcontractors.
Appears in 1 contract
Sources: Contract Agreement
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has obtained and carefully studied the reports of explorations (or assumes responsibility for doing so) all examinations, investigations, explorations, tests, studies, and tests of subsurface data concerning conditions (surface, subsurface, and Underground Facilities) at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the which may affect cost, progress, and or performance of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; , including any specific means, methods, techniques, sequences, and (c) Contractor’s procedures of construction expressly required by the Bidding Documents, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, E. Contractor agrees does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by J. Contractor that without exception all prices will record Payment & Performance bonds (100% of contract) in the Agreement are premised upon performing City of Chipley Clerk’s office prior to execution of Notice to Proceed.
K. Contractor will not employ illegal alien labor and furnishing will use the Work required by the Contract Documentse-Verify system to maintain a legal work force.
L. Contractor will maintain a drug-free workplace program. M. Contractor will follow proper change order procedures.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. Contractor B. CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor D. CONTRACTOR has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary ConditionsConditions as containing reliable “technical data”, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have which has been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable “technical data”.
6. Contractor E. CONTRACTOR has considered the information known to Contractor itselfCONTRACTOR; information commonly known to contractors CONTRACTORs doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by ContractorCONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) ContractorCONTRACTOR’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees CONTRACTOR does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor G. CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor H. CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner As an inducement for City to enter into this Contract, Agreement Contractor makes the following representations:.
17.1. Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all other local conditions and Site conditions Laws and Regulations that in any manner may affect cost, progress, and performance or furnishing of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
47.2. Contractor has studied carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been conditions, which are identified in the Supplementary Supplemental Conditions as provided in paragraph 2.05 of the General Conditions, with respect to the Technical Data in such reports and drawings.
57.3. Contractor has obtained and carefully studied the reports (or assumes responsibility for obtaining and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in carefully studying) all such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studiesreports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or data are furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.
87.4. Contractor is aware has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the general nature Contract Documents, including specifically the provisions of work to be performed by Owner paragraph 4.04 of the General Conditions.
7.5. Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and others at studies with the Site that relates to the Work as indicated in terms and conditions of the Contract Documents.
97.6. Contractor has given Engineer the Designer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor it has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer Designer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. Contractor B. CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor D. CONTRACTOR has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary ConditionsContract Documents as containing reliable “technical data”, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawingsContract Documents as containing reliable “technical data.”
6. Contractor E. CONTRACTOR has considered the information known to Contractor itselfCONTRACTOR; information commonly known to contractors CONTRACTORs doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by ContractorCONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) ContractorCONTRACTOR’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraphs A through E above, Contractor agrees CONTRACTOR does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor G. CONTRACTOR is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor H. CONTRACTOR has given Engineer Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer Owner is acceptable to ContractorCONTRACTOR.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner CITY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor (a) CONTRACTOR has examined familiarized themselves with the nature and carefully studied extent of the Contract Documents, including AddendaWork, locality, weather, Purchasing and Contracts Procedures, and with all local conditions and federal, state and local laws, utility locations, ordinances, rules, policies and regulations that in any manner may affect cost, progress or performance of the Work.
2. Contractor (b) CONTRACTOR has visited the Site, conducted a thorough visual examination studied carefully and considered in its Bid all reports of investigations and tests of subsurface and physical conditions of the Site site affecting cost, progress, scheduling, or performance of the Work.
(c) CONTRACTOR has studied carefully and adjacent areasconsidered in its Bid the Plans and Specifications, performed necessary observations, examinations, and become familiar with studied the generalphysical conditions at the site related to Underground Facilities, localutility installations, conflicts, re-locations (temporary and Site permanent) and all other Underground Facilities and utility related conditions of the Work and site that may affect cost, progress, and scheduling, or any aspect of performance of the Work and that its Bid reflects all such conditions. CONTRACTOR, by submitting its Bid and executing this Agreement acknowledges the constructability of the Work under the Plans and Specifications. CONTRACTOR by its study, excludes and releases the CITY from any implied warranties including but not limited to, those arising under the "▇▇▇▇▇▇▇ Doctrine", that the Plans and Specifications are adequate to perform the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost(d) CONTRACTOR has made or caused to be made examinations, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations investigations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are studies as he deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.
8. Contractor is aware (e) CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor (f) CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. (g) The CONTRACTOR declares and agrees that the approval or acceptance of any part of the Work or Material by the CITY, ENGINEER or any agent relating to compliance with the Contract Documents are generally sufficient to indicate and convey understanding shall not operate as a waiver by the CITY of all strict compliance with the terms and conditions of the Contract Documents.
(h) The CONTRACTOR declares and agrees that the CITY may require them to repair, replace, restore or make all things comply with the Contract Documents including all Work or Materials which within a period of two (2) years from Acceptance by CITY are found to be Defective or fail in any way to comply with the Contract Documents. The CONTRACTOR acknowledges that the above two (2) years repair, replace and restoration period is separate from and additional to CONTRACTOR's warranty that the Work has been completed in compliance with the Contract Documents. The two (2) years repair, replace and restoration period is not a limitation upon CONTRACTOR's other warranties or Material and Workmanship Bond.
(i) The CONTRACTOR's resident Superintendent at the Work site shall be: ▇▇▇ ▇▇▇▇▇▇▇▇ and this Superintendent only shall be utilized by the CONTRACTOR unless otherwise approved by the CITY Project Manager and following the procedure indicated in the General Conditions.
(j) CONTRACTOR has studied carefully and considered all permit requirements related to performance of the Work. CONTRACTOR declares and agrees that all costs related to performing the Work in compliance with the requirements of all permits at the Contract Price are included in the Contract Price. CONTRACTOR agrees that CONTRACTOR shall be solely responsible for payment of all fines and penalties of any nature assessed to the CONTRACTOR or CITY or both by any governmental entity, district, authority or other jurisdictional entity relating to all permits required for performance and furnishing of the Work.
11(k) CONTRACTOR acknowledges that the performance of the Work under the Contract Documents fulfills a CITY, CONTRACTOR, and public purpose. Contractor’s entry into this Contract constitutes an incontrovertible representation To that end, CONTRACTOR agrees to respond to citizen complaints related to alleged damage caused by Contractor that without exception all prices CONTRACTOR'S performance of the Work within two (2) days of receipt of the complaint from citizens, ENGINEER, or the CITY. The CONTRACTOR shall utilize the attached "Report of Unsatisfactory Materials and/or Service" form to respond separately to each complaint. When a complaint is brought to the CONTRACTOR by a citizen, the CONTRACTOR shall identify the citizen and street address in the Agreement "Statement of Problem". Responses and action taken by the CONTRACTOR shall specifically identify the problem specific actions taken. Generic statements such as "addressed the problem" are premised upon performing unacceptable. If the CONTRACTOR fails to respond within two (2) days, then the CITY may take corrective action and furnishing deduct the actual costs of corrective action from subsequent Progress Payments or the retainage.
(l) CONTRACTOR acknowledges that the CITY owned property obtained for performance of the Work required by within the project limits includes temporary construction easements. In the event that the CONTRACTOR fails to perform the Work within the Contract DocumentsTime, then CONTRACTOR shall be solely responsible for payment of all costs for additional or extended temporary construction easements. The CONTRACTOR authorizes the CITY to deduct the actual costs of additional or extended temporary construction easements from subsequent Progress Payments or the retainage.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined familiarized itself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWORK, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions Laws and Regulations that in any manner may affect cost, progress, and performance or furnishing of the WorkWORK.
3. Contractor is familiar with 7.2 CONTRACTOR has studied carefully all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical hazardous environmental conditions relating to existing surface or subsurface structures at the Site that have been which are identified in the Supplementary Conditionsplans or Special Provisions, with respect and accepts the determination set forth therein, to the Technical Data extent of the technical data contained in such reports and drawingsdrawings upon which CONTRACTOR is entitled to reply.
5. Contractor 7.3 CONTRACTOR has obtained and carefully studied the (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, exploration, tests, reports and drawings relating studies (in addition to Hazardous Environmental Conditions, if any, or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsur- face or physical conditions at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) WORK as CONTRACTOR considers necessary for the meansperformance or furnishing of the WORK at the Contract Price, methods, techniques, sequenceswithin the Contract Time and in accordance with the terms and conditions of the Contract Documents, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further additional examinations, investigations, explorations, tests, studiesreports, studies or similar information or data are necessary or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the performance accurate location of said Underground Facilities. No additional examinations, investigation, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work WORK at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor is aware 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR. Should any conflicts, errors or discrepancies be discovered during construction, CONTRACTOR shall notify ENGINEER immediately and cooperate with ENGINEER to resolve them.
10. The Contract Documents are generally sufficient 7.7 CONTRACTOR shall indemnify and save the OWNER and ENGINEER harmless from and against all claims, damage to indicate property or breach of contract, demands, payments, suits, actions, recoveries and convey understanding judgements of all every nature and description brought or recovered against the Owner, the Engineer, the Contractor, subcontractors or employees in consequence of actual or claimed negligence in the performance of the terms and conditions for performance of this Contract.
7.8 CONTRACTOR agrees to provide all labor, equipment, and furnishing materials; to pay or cause to be paid, all claims of WORK, labor, materials, equipment, including equipment rental or repair, and other supplies or insurance premiums, all of which attribute to or are utilized in the improvement and construction of this project, all in accordance and in conformity with this contract, including all Contract Documents listed in Article 8 of this contract. The WORK shall be done pursuant to this contract and the laws of the Workstate of North Dakota and the Spirit Lake Tribe, to the satisfaction of the Spirit Lake Tribe, subject at all times to the inspection and approval of the Spirit Lake Tribe, the US Department of Transportation, the US Department of the Interior, its agents and representatives and in accordance with the rules and regulations made pursuant to state and federal law. The contractor, in employing and maintaining labor, shall do so in conformity with state and federal law and this contract.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the IFB; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Contractor Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. 6.1 Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data."
2. 6.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 6.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions, with respect to . Contractor accepts the Technical Data determination set forth in paragraph 4.2 of the General Conditions of the extent of the "technical data" contained in such reports and drawings.
5drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions precautions, and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 6.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the RFQ; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.. DRAFT
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. : Contractor has examined and carefully studied the Contract Documents, including Addenda.
2and any data and reference items identified in the Contract Documents. Contractor has visited the Site, conducted a thorough thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the , and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and or performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c3) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Pro Forma Agreement
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, local and Site conditions that may affect cost, progress, progress and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, progress and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary ConditionsConditions as containing reliable "technical data", with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable "technical data".
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site- related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, observations and Technical Data documents on (a1) the cost, progress, progress and performance of the Work; (b2) the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01 E above, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by J. Contractor that without exception all prices in shall perform no less than 50% of the Agreement are premised upon performing and furnishing the Work required by the Contract Documentswork with their own forces.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions, with respect to the Technical Data in such reports Conditions as containing reliable "technical data," and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable "technical data."
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s 's safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 6.01 In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents, including Addenda“technical data”.
2. Contractor B. ▇▇▇▇▇▇▇▇▇▇ has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, local and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor D. CONTRACTOR has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that (except Underground Facilities) which have been identified in the Supplementary Conditions, with respect to Conditions as provided in paragraph 4.02 of the Technical Data in such reports General Conditions and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of a Hazardous Environmental ConditionsCondition, if any, at or adjacent to the Site that have which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions, with respect . CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions as to Technical Data the extent of the "technical data" contained in such reports and drawings.
6drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02B of the General Conditions. Contractor has considered CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information known to Contractor itself; information commonly known to contractors doing business and data shown or indicated in the locality of the Site; information and observations obtained from visits Contract Documents with respect to Underground Facilities at or contiguous to the Site; the Contract Documents; .
E. CONTRACTOR has obtained and the Technical Data identified in the Supplementary Conditions carefully studied (or by definitionassumes responsibility for having done so) all additional or supplementary examinations, with respect investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the effect of such information, observations, and Technical Data on (a) the Site which may affect cost, progress, and or performance of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR, including applying the specific means, methods, techniques, sequences and (c) Contractor’s procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees F. CONTRACTOR does not consider that no any further examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor G. ▇▇▇▇▇▇▇▇▇▇ is aware of the general nature of work to be performed by Owner OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor H. ▇▇▇▇▇▇▇▇▇▇ has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
I. ▇▇▇▇▇▇▇▇▇▇ has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Form of Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner City to enter into this Contract, Contractor makes the following representations:
1. 5.1 Contractor has examined and carefully studied the Contract Documents, including Addenda.and any data and reference items identified in the Contract Documents.
2. 5.2 Contractor has visited the Site, conducted a thorough thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. 5.3 Contractor is familiar with and is satisfied as to all Laws laws and Regulations regulations that may affect cost, progress, and performance of the Work.
4. 5.4 Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the , and reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.
6. 5.5 Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site- related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c3) Contractor’s safety precautions and programs.
7. 5.6 Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. 5.7 Contractor is aware of the general nature of work to be performed by Owner City and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 5.8 Contractor has given Engineer City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer City is acceptable to Contractor.
10. 5.9 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Public Improvement Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to To induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Design-Build criteria, Contract Documents, including Addenda.
2. Contractor has visited the Sitethis Work Order, conducted a thorough visual examination of the Site and adjacent areaswork, site, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programswork.
7. Based on the information 7.2 Contractor has obtained at his/her own expense and observations referred to in the preceding paragraphcarefully studied, Contractor agrees that no further examinationsor assumes responsibility for obtaining and carefully studying, available soil investigations, explorations, testsand test reports which pertain to the subsurface conditions at or contiguous to the site or otherwise may affect the cost, studiesprogress, performance or data are furnishing of the work as Contractor considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the RFQ; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes unless specifically included in the Scope of Services.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated in the general nature of work Design-Build criteria and the Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities before commencing work. If required, additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor to perform and furnish the work under the cost shall be included in the Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
97.4 Contractor will correlate the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. WO#10 – LWB Utility Radio System Upgrade Phase 2 – Lift Stations
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer the City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Design Build Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this ContractAgreement, Contractor ▇▇▇▇▇▇▇▇▇▇ makes the following representations:
1. Contractor : ▇▇▇▇▇▇▇▇▇▇ has examined familiarized himself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areaslocality, and become familiar with the generalall local conditions and federal, localstate and local laws, ordinances, rules and Site conditions regulations that in any manner may affect cost, progress, and progress or performance of the Work.
3. Contractor is familiar with ▇▇▇▇▇▇▇▇▇▇ has studied carefully all Laws reports of investigations and Regulations that may affect test of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, and progress or performance of the Work.
4. Contractor has carefully studied Work which were relied upon by Owner in the reports preparation of explorations the Drawings and tests of subsurface conditions at or adjacent to the Site Specifications and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that which have been identified in the Supplementary ConditionsContract Documents. CONTRACTOR has made or caused to be made examinations, with respect to the Technical Data in investigations and test, and studies of such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating related data in addition to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations those referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the Contract.
8Contract Documents; and no additional examinations, investigations, test, reports or similar data are or will be required by Contractor for such purposes. Contractor is aware CONTRACTOR has correlated the results of all such observations, examinations, investigations, test reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor ▇▇▇▇▇▇▇▇▇▇ has given Engineer OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer OWNER is acceptable to Contractor.
10CONTRACTOR. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: Official Notice Instructions to Bidders, General and Supplementary Conditions, Addenda, Specifications, Plans, Drawings, Pre-qualification Statement, completed Bonds and Bid Form, Contract, all Amendments, Modifications, Change Orders and Supplements issued on or after the effective date of agreement. There are no Contract Documents other than those listed above. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing may only be altered, amended, modified or repealed by a Modification (as defined in Article 1 of the WorkGeneral Conditions).
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 8.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 8.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the RFP; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 8.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 8.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
8.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Wastewater Collection System Rehabilitation Services Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, Documents including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within with the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the Broward College Contract; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Storm Drain Cleaning, Repairs and Maintenance Agreement
CONTRACTOR’S REPRESENTATIONS. A. 9.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents, including Addendaand any data and reference items identified in the Contract Documents.
2. B. Contractor has visited the Site, conducted a thorough thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. C. Contractor is familiar with and is satisfied as to all Tribal, federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4D. Contractor understands that Owner is constructing this Project pursuant to a contract with a Federal Funding Agency. Contractor understands that Award of the Project will be contingent upon receiving funding from the Federal Funding Agency and that Contractor shall act in accordance with all applicable Laws and Regulations.
E. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, if any, especially with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the , and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor’s purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or adjacent to the Site.
6. F. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto.
G. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c3) Contractor’s safety precautions and programs.
7. H. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. I. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. J. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
K. Contractor has given Owner and Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. L. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. M. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports reports, if any, of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
75. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
86. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
97. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
108. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
119. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner COUNTY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor (a) CONTRACTOR has examined familiarized itself with the nature and carefully studied extent of the Contract Documents, including Addendawork, locality, weather, utility locations, all local conditions, Chapter 220, Part 1, Purchasing Code, Seminole County Code, and federal, state, and local laws, ordinances, rules, policies, and regulations that in any manner may affect cost, progress, or performance of the work.
2. Contractor (b) CONTRACTOR has visited the Site, conducted a thorough visual examination studied carefully and considered in its bid all reports of investigations and tests of subsurface and physical conditions of the Site site affecting cost, progress, scheduling, or performance of the work.
(c) CONTRACTOR has studied carefully and adjacent areasconsidered in its bid the Plans and Specifications, performed necessary observations and examinations, and become familiar with studied the generalphysical conditions at the site related to underground facilities, localutility installations, conflicts, relocations (temporary and permanent), and Site all other underground facilities and utility related conditions of the work and site that may affect cost, progress, and scheduling, or any aspect of performance of the Workwork, and that its bid reflects all such conditions. CONTRACTOR, by submitting its bid and executing this Agreement, acknowledges the constructability of the work under the Plans and Specifications. CONTRACTOR, by its study, excludes and releases COUNTY from any implied warranties, including, but not limited to the ▇▇▇▇▇▇▇ Doctrine, and acknowledges that the Plans and Specifications are adequate to perform the work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor (d) CONTRACTOR has carefully studied the reports of explorations and tests of subsurface conditions at made or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction caused to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further made examinations, investigations, explorations, tests, studies, or data are and studies as it deems necessary for the performance of the Work work at the Contract Pricecontract price, within the Contract Timescontract time, and in accordance with the other terms and conditions of the ContractContract Documents. CONTRACTOR does not and will not require any additional examinations, investigations, tests, reports, or similar data for such purposes.
8. Contractor is aware (e) CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor (f) CONTRACTOR has given Engineer provided COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents. CONTRACTOR hereby accepts COUNTY’s written resolution of all such conflicts, errors, or discrepancies.
(g) CONTRACTOR declares and agrees that the approval or acceptance of discrepancies between Site conditions and any part of the work or material by COUNTY, ENGINEER, or any agent relating to compliance with the Contract Documents, and Documents will not operate as a waiver by COUNTY of strict compliance with the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
(h) CONTRACTOR’s resident Superintendent at the work site will be
(i) CONTRACTOR has studied carefully and considered all permit requirements related to performance of the work. CONTRACTOR declares and agrees that all costs related to performing the work in compliance with the requirements of all permits at the contract price are included in the contract price. CONTRACTOR agrees that it will be solely responsible for payment of all fines and penalties of any nature assessed to CONTRACTOR, COUNTY, or both, by any governmental entity, district, or authority, or other jurisdictional entity relating to all permits required for performance of the work.
(j) CONTRACTOR acknowledges that the performance of the work under the Contract Documents fulfills a COUNTY, CONTRACTOR, and public purpose. To that end, CONTRACTOR shall respond to citizen complaints related to alleged damage caused by ▇▇▇▇▇▇▇▇▇▇’s performance of the work within ten (10) days of receipt of the complaint from any citizen, ENGINEER, or COUNTY. CONTRACTOR shall respond separately to each complaint. When a complaint is brought to CONTRACTOR by a citizen, CONTRACTOR shall report the citizen, the street address, and a summary of the complaint and any action taken in response. Responses and action taken by CONTRACTOR must specifically identify the problem and specific actions taken. Generic statements such as “addressed the problem” are unacceptable. If CONTRACTOR fails to respond within ten (10) days, COUNTY may take corrective action and deduct the actual costs of corrective action from subsequent progress payments or the retainage.
(k) CONTRACTOR acknowledges that COUNTY-owned property obtained for performance of the work within the project limits includes temporary construction easements. In the event that CONTRACTOR fails to perform the work within the contract time, then CONTRACTOR shall be solely responsible for payment of all costs for additional or extended temporary construction easements. CONTRACTOR authorizes COUNTY to deduct the actual costs of additional or extended temporary construction easements from subsequent progress payments or the retainage.
Appears in 1 contract
Sources: Construction Services Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. 4.1 Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. 4.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, performance, and performance furnishing of the Work.
3. 4.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and performance furnishing of the Work.
4. 4.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in Paragraph SC-4.02 of the. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the Supplementary Conditions, accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 4.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 4.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
4.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 7.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. : Contractor has examined and carefully studied the Contract Documents, including Addenda.
2and any data and reference items identified in the Contract Documents. Contractor has visited the Site, conducted a thorough thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the , and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c3) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws bas obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance of or furnishing ofthe work at the stated work order price within the Work at the Contract Price, within the Contract Times, Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions ofthe IFB; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions ofthe Contract Documents.
7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
9. 7.5 Contractor has given Engineer the City's Contract Administrator written notice of all ofall conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Annual Contract for Paving, Concrete, Striping and Associated Restoration Work
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.. DRAFT
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner COUNTY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor 5.1 CONTRACTOR has examined familiarized itself with the nature and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination extent of the Site Bid documents, Work, site, locality and adjacent areas, all local conditions and become familiar with the general, local, laws and Site conditions regulations that in any manner may affect cost, progress, and performance or furnishing of the Work.
3. Contractor is familiar with 5.2 CONTRACTOR has studied carefully all Laws and Regulations that may affect cost, progress, and performance drawings of the Workphysical conditions upon which CONTRACTOR is entitled to rely.
4. Contractor 5.3 CONTRACTOR has obtained and carefully studied the reports of explorations (or assumes responsibility for obtaining and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in carefully studying) all such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studiesreports and studies which pertain to the physical conditions at or contiguous to the site or which otherwise may affect the cost, progress, performance or data are furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Priceprice, within the Contract Times, time and in accordance with the other terms and conditions of the ContractBid documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes.
85.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Bid documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. Contractor is aware Any additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities conducted by the CONTRACTOR will be done at the CONTRACTOR'S expense.
5.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract DocumentsBid.
9. Contractor 5.6 CONTRACTOR has given Engineer COUNTY written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor has have been discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Bid documents and the written resolution thereof by Engineer OWNER is acceptable to ContractorCONTRACTOR.
10. The Contract Documents are generally sufficient to indicate 5.7 CONTRACTOR shall schedule and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing perform the Work required by subject to COUNTY’S approval and shall hold COUNTY harmless from all liabilities incurred due to CONTRACTOR'S failure to coordinate with the Contract DocumentsCOUNTY.
Appears in 1 contract
Sources: Stipulated Unit Cost Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner COUNTY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor (a) CONTRACTOR has examined familiarized itself with the nature and carefully studied extent of the Contract Documents, including Addendawork, locality, weather, utility locations, all local conditions, Chapter 220, Part 1, Purchasing Code, Seminole County Code, federal, state, and local laws, ordinances, rules, policies, and regulations that in any manner may affect cost, progress, or performance of the work.
2. Contractor (b) CONTRACTOR has visited the Site, conducted a thorough visual examination studied carefully and considered in its bid all reports of investigations and tests of subsurface and physical conditions of the Site site affecting cost, progress, scheduling, or performance of the work.
(c) CONTRACTOR has studied carefully and adjacent areasconsidered in its bid the Plans and Specifications, performed necessary observations and examinations, and become familiar with studied the generalphysical conditions at the site related to underground facilities, localutility installations, conflicts, relocations (temporary and permanent), and Site all other underground facilities and utility related conditions of the work and site that may affect cost, progress, and scheduling, or any aspect of performance of the Workwork, and that its bid reflects all such conditions. CONTRACTOR, by submitting its bid and executing this Agreement, acknowledges the constructability of the work under the Plans and Specifications. CONTRACTOR, by its study, excludes and releases COUNTY from any implied warranties, including, but not limited to, the ▇▇▇▇▇▇▇ Doctrine, and acknowledges that the Plans and Specifications are adequate to perform the work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor (d) CONTRACTOR has carefully studied the reports of explorations and tests of subsurface conditions at made or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction caused to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further made examinations, investigations, explorations, tests, studies, or data are and studies as it deems necessary for the performance of the Work work at the Contract Pricecontract price, within the Contract Timescontract time, and in accordance with the other terms and conditions of the ContractContract Documents. CONTRACTOR does not and will not require any additional examinations, investigations, tests, reports, or similar data for such purposes.
8. Contractor is aware (e) CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor (f) CONTRACTOR has given Engineer provided COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents. CONTRACTOR hereby accepts COUNTY’s written resolution of all such conflicts, errors, or discrepancies.
(g) CONTRACTOR declares and agrees that the approval or acceptance of discrepancies between Site conditions and any part of the work or material by COUNTY or any agent relating to compliance with the Contract Documents, and Documents will not operate as a waiver by COUNTY of strict compliance with the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
(h) CONTRACTOR’s resident Superintendent at the work site will be
(i) CONTRACTOR has studied carefully and considered all permit requirements related to performance of the work. CONTRACTOR declares and agrees that all costs related to performing the work in compliance with the requirements of all permits at the contract price are included in the contract price. CONTRACTOR agrees that it will be solely responsible for payment of all fines and penalties of any nature assessed to CONTRACTOR, COUNTY, or both, by any governmental entity, district, or authority, or other jurisdictional entity relating to all permits required for performance of the work.
(j) CONTRACTOR acknowledges that the performance of the work under the Contract Documents fulfills a COUNTY, CONTRACTOR, and public purpose. To that end, CONTRACTOR shall respond to citizen complaints related to alleged damage caused by CONTRACTOR’s performance of the work within ten (10) days of receipt of the complaint from any citizen or COUNTY. CONTRACTOR shall respond separately to each complaint. When a complaint is brought to CONTRACTOR by a citizen, CONTRACTOR shall report the citizen, the street address, and a summary of the complaint and any action taken in response. Responses and action taken by CONTRACTOR shall specifically identify the problem and specific actions taken. Generic statements such as “addressed the problem” are unacceptable. If CONTRACTOR fails to respond within ten (10) days, COUNTY may take corrective action and deduct the actual costs of corrective action from subsequent progress payments or the retainage.
(k) CONTRACTOR acknowledges that COUNTY-owned property obtained for performance of the work, within the project limits, includes temporary construction easements. In the event that CONTRACTOR fails to perform the work within the contract time, then CONTRACTOR shall be solely responsible for payment of all costs for additional or extended temporary construction easements. CONTRACTOR authorizes COUNTY to deduct the actual costs of additional or extended temporary construction easements from subsequent progress payments or the retainage.
Appears in 1 contract
Sources: Construction Services Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this ContractAgreement, Contractor ▇▇▇▇▇▇▇▇▇▇ makes the following representations:
1. Contractor : CONTRACTOR has examined familiarized himself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areaslocality, and become familiar with the generalall local conditions and federal, localstate and local laws, ordinances, rules and Site conditions regulations that in any manner may affect cost, progress, and progress or performance of the Work.
3. Contractor is familiar with CONTRACTOR has studied carefully all Laws reports of investigations and Regulations that may affect test of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, and progress or performance of the Work.
4. Contractor has carefully studied Work which were relied upon by Engineer in the reports preparation of explorations the Drawings and tests of subsurface conditions at or adjacent to the Site Specifications and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that which have been identified in the Supplementary ConditionsContract Documents. CONTRACTOR has made or caused to be made examinations, with respect to the Technical Data in investigations and test, and studies of such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating related data in addition to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations those referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the Contract.
8Contract Documents; and no additional examinations, investigations, test, reports or similar data are or will be required by Contractor for such purposes. Contractor is aware CONTRACTOR has correlated the results of all such observations, examinations, investigations, test reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor ▇▇▇▇▇▇▇▇▇▇ has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10CONTRACTOR. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: Official Notice Instructions to Bidders, General and Supplementary Conditions, Addenda, Specifications, Plans, Drawings, Pre-qualification Statement, completed Bonds and Bid Form, Contract, all Amendments, Modifications, Change Orders and Supplements issued on or after the effective date of agreement. There are no Contract Documents other than those listed above. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing may only be altered, amended, modified or repealed by a Modification (as defined in Article 1 of the WorkGeneral Conditions).
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions conditions, if any, at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:following
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, work as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions ofthe IFB; and no additional examinations, investigations, explorations, tests, reports, studies or similar infonnation or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City's Contract Administrator written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Work Order
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents, including AddendaDocuments and the other related data provided or made available during the Preconstruction Services Agreement.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions, with respect to the Technical Data in such reports Conditions as containing reliable "technical data," and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions, Conditions as containing reliable "technical data." Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Technical Data in such reports and drawingsUnderground Facilities at or contiguous to the Site.
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, if any, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the 2020 ISPWC 00520 Modified from EJCDC® C-520 Agreement Between Owner and Contractor for Construction Contract Documents.Page 4 of 6 BLAINE COUNTY SILVER CREEK BRIDGE REPAIRS 222255-009
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
12. The Contractor is an appropriately licensed public works contractor per Idaho Code Section 54-1902.
13. Contractor shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring the Contractor’s compliance with any Laws or Regulations.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to To induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:representation.
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article 5) and the other related data identified in the Bidding Documents including "technical data".
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor has carefully studied 7.4 CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the reports accuracy or completeness of explorations information and tests of subsurface conditions at data shown or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified indicated in the Supplementary Conditions, Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has obtained and drawings.
5. Contractor has carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which related to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in 7.8 Conflicts within the Agreement are premised upon performing contract documents shall be brought to the attention of the ENGINEER and furnishing resolution shall be at the Work required by discretion of and at no cost to the Contract DocumentsOWNER.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Paragraph 8) and the other related data identified in the Bidding Documents including "technical data."
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.2.1 of the General Conditions, with respect to . CONTRACTOR accepts the Technical Data determination set forth in Paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings.
5drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.2 of the General Conditions. Contractor has carefully studied the CONTRACTOR acknowledges that such reports and drawings relating to Hazardous Environmental Conditions, if any, at are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or adjacent to the Site that have been identified completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits Underground Facilities at or contiguous to the Site; the Contract Documents; site. CONTRACTOR has obtained and the Technical Data identified in the Supplementary Conditions carefully studied (or by definitionassumes responsibility for having done so) all such additional supplementary examinations, with respect investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the effect of such information, observations, and Technical Data on (a) the site or otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, errors ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation When said conflicts, errors, ambiguities or discrepancies have not been resolved through interpretation or clarification by Contractor that without exception all prices ENGINEER for whatever reason, CONTRACTOR has included in the Agreement are premised upon performing Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and furnishing the Work required by such greater cost is included in the Contract DocumentsPrice.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
12. The Contractor is an appropriately licensed public works contractor per Idaho Code Section 54-1902.
13. Contractor shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring the Contractor’s compliance with any Laws or Regulations.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner OWNER to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents (including all Addenda listed in Article 9) and the other related data identified in the Bidding Documents, including Addenda.
2. Contractor B. CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and performance furnishing of the Work.
4. Contractor D. CONTRACTOR has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that (except Underground Facilities), if any, which have been identified in the Supplementary Conditions, with respect to Conditions as provided in paragraph 4.02 of the Technical Data in such reports General Conditions and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have which has been identified in Paragraph SC-4.06 of the Supplementary ConditionsConditions as containing reliable “technical data”. R:\1657\005.01 WWTP Headworks\Design Docs\Specs\Boiler Plate\00500_agreement.docx June 23, 2010 CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Technical Data in such reports and drawingsUnderground Facilities at or contiguous to the site.
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data documents on (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees CONTRACTOR does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor G. ▇▇▇▇▇▇▇▇▇▇ is aware of the general nature of work to be performed by Owner OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. ▇▇▇▇▇▇▇▇▇▇ has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.R:\1657\005.01 WWTP Headworks\Design Docs\Specs\Boiler Plate\00500_agreement.docx June 23, 2010
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Contractor CONTRACTOR makes the following representations:
1. Contractor has examined 7.1 CONTRACTOR is familiar with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the Sitework site, conducted a thorough visual examination locality, availability of the Site and adjacent areaslabor, union or non-union practices, and become familiar with the general, local, all local conditions and Site conditions Laws and Regulations that in any manner may affect cost, progress, and performance or furnishing of the Work.
3. Contractor is familiar with 7.2 CONTRACTOR has studied carefully all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been which are identified in the Supplementary ConditionsSpecial Provisions of the Contract Documents, with respect to and accepts the Technical Data determination set forth in the Special Provisions of the extent of the technical data contained in such reports and drawingsdrawings upon which CONTRACTOR is entitled to rely.
5. Contractor 7.3 CONTRACTOR has obtained and carefully studied the reports (or assumes responsibility for obtaining and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in carefully studying) all such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studiesreports and studies (in addition to or to supplement those referred to in Paragraph 5.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or data are furnishing of the Work as CONTRACTOR considers necessary for the performance of the Work at the Contract Priceprice, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes.
87.4 CONTRACTOR has reviewed and checked all information and data shown or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. Contractor is aware of CONTRACTOR shall perform, at CONTRACTOR’S sole expense, all such additional examinations, investigations, explorations, tests, reports, studies or similar information or data with respect to said underground facilities which are or will be required to perform and furnish the general nature of work to be performed by Owner and others Work at the Site that relates to Contract Unit Prices, within the Work as indicated Contract Time and in accordance with the other terms and conditions of the Contract Documents.
9. Contractor 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents.
7.6 CONTRACTOR has given Engineer COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor it has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer COUNTY is acceptable to Contractorthe CONTRACTOR.
107.7 CONTRACTOR is experienced and qualified to perform the services described herein, and is properly staffed and organized and financed to perform such services. The Contract Documents are generally sufficient to indicate CONTRACTOR shall act as an independent contractor and convey understanding not as an employee or agent of COUNTY in performing its services, maintaining control over its employees and managing all terms subcontractors and conditions for performance and furnishing of the Worksuppliers.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. 6.1 Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Exhibits and any Addenda listed in Article 7) and the other related data identified in the Contract Documents including "technical data."
2. 6.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 6.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 6.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary ConditionsBid documents. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown, indicated in the Contract Documents with respect to Underground Facilities at, or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions precautions, and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 6.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. 6.1 Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in paragraph 7 and the other related data identified in the Bidding Documents including "technical data."
2. 6.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 6.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, with respect to . Contractor accepts the Technical Data determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings.
5drawings upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor’s purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 6.5 Contractor is aware of the general nature of work Work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 6.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
6.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce 8.01 As part of the inducement for Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. C. Contractor is familiar with all and is satisfied as to the Laws and Regulations that may affect cost, progress, and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); if any, that have been identified in Paragraph SC-4.02 of the Supplementary ConditionsConditions as containing reliable “technical data”, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable “technical data”.
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, and Technical Data on (a) documents on:
1. the cost, progress, and performance of the Work; (b) ;
2. the means, methods, techniques, sequences and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction to be employed expressly required by Contractor; and (c) the Contract Documents, and;
3. Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. 10.01 Contractor has examined and carefully studied the Contract Documents, including AddendaDocuments and other related documents.
2. 10.02 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect costcosts, progress, and performance of the Work.
3. 10.03 Contractor is familiar with and is satisfied with all federal, state and local Laws and Regulations that may affect costcosts, progress, and performance of the Work.
4. 10.04 Contractor has carefully studied all the following:
10.04.01 reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that (except underground facilities) which have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawingsContract Documents.
5. Contractor has carefully studied the 10.04.02 reports and drawings relating to of a Hazardous Environmental ConditionsCondition, if any, at or adjacent to the Site that have which has been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawingsContract Documents.
6. 10.05 Contractor has considered the information known to Contractor itself; information commonly known to contractors obtained and carefully studied (or assumes responsibility for doing business in the locality of the Site; information so) all additional or supplementary examinations, investigations, explorations, tests, studies and observations obtained from visits data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions Site which may affect costs, progress or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction (dredging) to be employed by Contractor; Contractor including any specific means, methods, techniques, sequences, and procedures of construction (cdredging) Contractor’s expressly required by the Bid package, and safety precautions and programsprograms incident thereto.
7. Based on the information and observations referred to in the preceding paragraph, 10.06 Contractor agrees does not consider that no any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract TimesTime, and in accordance with the other terms and conditions of the ContractContract Documents.
8. 10.07 Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 10.08 Contractor has given Engineer written notice of all conflictscorrelated the information known to Contractor, errorsinformation and observations obtained from visits to the Site, ambiguities, or discrepancies that Contractor has discovered reports and drawings indentified in the Contract Documents, and of discrepancies between Site conditions all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. 10.09 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Maintenance Dredging Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this Contract, Agreement the Contractor makes the following representations:
1. 8.1 The Contractor has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in Article IX) and other related data identified in the Documents including “technical data” and performed a constructability review.
2. 8.2 The Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the generalgeneral local and site conditions, local, and Site conditions including utilities that may affect cost, progress, performance and performance furnishing of the Work.
3. 8.3 The Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and performance or furnishing of the Work.
4. 8.4 The Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of if physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the General Conditions, with respect to . Contractor accepts the Technical Data determination set forth in the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings.
5drawings upon which the Contractor is entitled to rely as provided in the General Conditions. The Contractor has carefully studied the acknowledges that such reports and drawings relating to Hazardous Environmental Conditions, if any, at are not Contract Documents and may not be complete for the Contractor’s purposes. The Contractor acknowledges that the City and the Design Professional shall not assume responsibility for the accuracy or adjacent to the Site that have been identified completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Technical Data in such reports and drawings.
6Underground Facilities at or contiguous to the site. The Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information obtained and observations obtained from visits carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; the Contractor and (c) Contractor’s safety precautions and programs.
7programs incident hereto. Based on the information and observations referred to in the preceding paragraph, The Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 8.5 The Contractor is aware of the general nature of work to be performed by Owner the City and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 8.6 The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all examinations, investigations, explorations, tests, studies and data with the Contract Documents.
8.7 The Contractor has given Engineer the City written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that the Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the City is acceptable to the Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner CITY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor (a) CONTRACTOR has examined familiarized themselves with the nature and carefully studied extent of the Contract Documents, including AddendaWork, locality, weather, Purchasing and Contracts Procedures, and with all local conditions and federal, state and local laws, utility locations, ordinances, rules, policies and regulations that in any manner may affect cost, progress or performance of the Work.
2. Contractor (b) CONTRACTOR has visited the Site, conducted a thorough visual examination studied carefully and considered in its Bid all reports of investigations and tests of subsurface and physical conditions of the Site site affecting cost, progress, scheduling, or performance of the Work.
(c) CONTRACTOR has studied carefully and adjacent areasconsidered in its Bid the Plans and Specifications, performed necessary observations, examinations, and become familiar with studied the generalphysical conditions at the site related to Underground Facilities, localutility installations, conflicts, re-locations (temporary and Site permanent) and all other Underground Facilities and utility related conditions of the Work and site that may affect cost, progress, and scheduling, or any aspect of performance of the Work and that its Bid reflects all such conditions. CONTRACTOR, by submitting its Bid and executing this Agreement acknowledges the constructability of the Work under the Plans and Specifications. CONTRACTOR by its study, excludes and releases the CITY from any implied warranties including but not limited to, those arising under the "▇▇▇▇▇▇▇ Doctrine", that the Plans and Specifications are adequate to perform the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost(d) CONTRACTOR has made or caused to be made examinations, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations investigations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are studies as he deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes.
8. Contractor is aware (e) CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor (f) CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. (g) The CONTRACTOR declares and agrees that the approval or acceptance of any part of the Work or Material by the CITY, ENGINEER or any agent relating to compliance with the Contract Documents are generally sufficient to indicate and convey understanding shall not operate as a waiver by the CITY of all strict compliance with the terms and conditions of the Contract Documents.
(h) The CONTRACTOR declares and agrees that the CITY may require them to repair, replace, restore or make all things comply with the Contract Documents including all Work or Materials which within a period of two (2) years from Acceptance by CITY are found to be Defective or fail in any way to comply with the Contract Documents. The CONTRACTOR acknowledges that the above two (2) years repair, replace and restoration period is separate from and additional to CONTRACTOR's warranty that the Work has been completed in compliance with the Contract Documents. The two (2) years repair, replace and restoration period is not a limitation upon CONTRACTOR's other warranties or Material and Workmanship Bond.
(i) The CONTRACTOR's resident Superintendent at the Work site shall be: ________________________________ and this Superintendent only shall be utilized by the CONTRACTOR unless otherwise approved by the CITY Project Manager and following the procedure indicated in the General Conditions.
(j) CONTRACTOR has studied carefully and considered all permit requirements related to performance of the Work. CONTRACTOR declares and agrees that all costs related to performing the Work in compliance with the requirements of all permits at the Contract Price are included in the Contract Price. CONTRACTOR agrees that CONTRACTOR shall be solely responsible for payment of all fines and penalties of any nature assessed to the CONTRACTOR or CITY or both by any governmental entity, district, authority or other jurisdictional entity relating to all permits required for performance and furnishing of the Work.
11(k) CONTRACTOR acknowledges that the performance of the Work under the Contract Documents fulfills a CITY, CONTRACTOR, and public purpose. Contractor’s entry into this Contract constitutes an incontrovertible representation To that end, CONTRACTOR agrees to respond to citizen complaints related to alleged damage caused by Contractor that without exception all prices CONTRACTOR'S performance of the Work within two (2) days of receipt of the complaint from citizens, ENGINEER, or the CITY. The CONTRACTOR shall utilize the attached "Report of Unsatisfactory Materials and/or Service" form to respond separately to each complaint. When a complaint is brought to the CONTRACTOR by a citizen, the CONTRACTOR shall identify the citizen and street address in the Agreement "Statement of Problem". Responses and action taken by the CONTRACTOR shall specifically identify the problem specific actions taken. Generic statements such as "addressed the problem" are premised upon performing unacceptable. If the CONTRACTOR fails to respond within two (2) days, then the CITY may take corrective action and furnishing deduct the actual costs of corrective action from subsequent Progress Payments or the retainage.
(l) CONTRACTOR acknowledges that the CITY owned property obtained for performance of the Work required by within the project limits includes temporary construction easements. In the event that the CONTRACTOR fails to perform the Work within the Contract DocumentsTime, then CONTRACTOR shall be solely responsible for payment of all costs for additional or extended temporary construction easements. The CONTRACTOR authorizes the CITY to deduct the actual costs of additional or extended temporary construction easements from subsequent Progress Payments or the retainage.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the City to enter into this ContractWork Order, the Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. 7.2 Contractor is familiar with all Laws has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Services as Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are considers necessary for the performance or furnishing of the Work Services at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of the IFB; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by Contractor for such purposes.
8. 7.3 Contractor is aware of has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the Contractor in order to perform and furnish the Services under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
7.5 Contractor has given Engineer the City’s Project Manager written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer City or its designee is acceptable to the Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Annual Contract for Paving, Concrete, Striping and Associated Restoration Work
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor : CONTRACTOR has examined familiarized himself with the nature and carefully studied extent of the Contract Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areaslocality, and become familiar with the generalall local conditions and federal, localstate and local laws, ordinances, rules and Site conditions regulations that in any manner may affect cost, progress, and progress or performance of the Work.
3. Contractor is familiar with CONTRACTOR has studied carefully all Laws reports of investigations and Regulations that may affect test of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, and progress or performance of the Work.
4. Contractor has carefully studied Work which were relied upon by Engineer in the reports preparation of explorations the Drawings and tests of subsurface conditions at or adjacent to the Site Specifications and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that which have been identified in the Supplementary ConditionsContract Documents. CONTRACTOR has made or caused to be made examinations, with respect to the Technical Data in investigations and test, and studies of such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating related data in addition to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations those referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are above as he deems necessary for the performance of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the Contract.
8Contract Documents; and no additional examinations, investigations, test, reports or similar data are or will be required by Contractor for such purposes. Contractor is aware CONTRACTOR has correlated the results of all such observations, examinations, investigations, test reports and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10CONTRACTOR. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: Official Notice Instructions to Bidders, General and Supplementary Conditions, Addenda, Specifications, Plans, Drawings, Pre-qualification Statement, completed Bonds and Bid Form, Contract, all Amendments, Modifications, Change Orders and Supplements issued on or after the effective date of agreement. There are no Contract Documents other than those listed above. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing may only be altered, amended, modified or repealed by a Modification (as defined in Section 1 of the WorkGeneral Conditions).
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner TOWN to enter into this Contract, Contractor CONTRACTOR makes the following representations:
17.1. Contractor CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including the Addenda) and the other related data identified in the Bidding Documents including "technical data."
27.2. Contractor CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
37.3. Contractor CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
47.4. Contractor CONTRACTOR has carefully studied the reports of explorations made, or caused to be made, examinations, investigations, tests and/or studies as necessary to determine surface and tests of subsurface conditions at or adjacent to on the Site site. CONTRACTOR acknowledges that TOWN does not assume responsibility for the accuracy or completeness of information and the drawings of physical conditions relating to existing surface data shown or subsurface structures at the Site that have been identified indicated in the Supplementary Conditions, Contract Documents with respect to underground facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has obtained and drawings.
5. Contractor has carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
87.5. Contractor The CONTRACTOR is aware of the general nature of work Work to be performed by Owner TOWN and others at the Site site that relates to the Work as indicated in the Contract Documents.
97.6. Contractor The CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
7.7. The CONTRACTOR has given Engineer the TOWN’S PROJECT REPRESENTATIVE written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the TOWN’S PROJECT REPRESENTATIVE is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
117.8. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in The CONTRACTOR warrants the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.following:
Appears in 1 contract
Sources: Contract for Construction
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor 6.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including the Addenda) and the other related data identified in the Bidding Documents including "technical data."
2. Contractor 6.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. Contractor 6.4 CONTRACTOR has obtained and carefully studied the reports of explorations (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and tests of data concerning conditions (surface, subsurface conditions and Underground Facilities) at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigationsinvestigation, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 6.5 CONTRACTOR is aware of the general nature of work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor 6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
6.7 CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner COUNTY to enter into this ContractAgreement, Contractor CONTRACTOR makes the following representations:
1. Contractor (a) CONTRACTOR has examined familiarized itself with the nature and carefully studied extent of the Contract Documents, including Addendawork, locality, weather, utility locations, all local conditions, Chapter 220, Part 1, Purchasing Code, Seminole County Code, and Federal, State, and local laws, ordinances, rules, policies, and regulations that in any manner may affect cost, progress, or performance of the work.
2. Contractor (b) CONTRACTOR has visited the Site, conducted a thorough visual examination studied carefully and considered in its bid all reports of investigations and tests of subsurface and physical conditions of the Site site affecting cost, progress, scheduling, or performance of the work.
(c) CONTRACTOR has studied carefully and adjacent areasconsidered in its bid the Plans and Specifications, performed necessary observations and examinations, and become familiar with studied the generalphysical conditions at the site related to underground facilities, localutility installations, conflicts, relocations (temporary and permanent), and Site all other underground facilities and utility related conditions of the work and site that may affect cost, progress, and scheduling, or any aspect of performance of the Workwork, and that its bid reflects all such conditions. CONTRACTOR, by submitting its bid and executing this Agreement, acknowledges the constructability of the work under the Plans and Specifications. CONTRACTOR, by its study, excludes and releases COUNTY from any implied warranties, including, but not limited to the ▇▇▇▇▇▇▇ Doctrine, and acknowledges that the Plans and Specifications are adequate to perform the work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor (d) CONTRACTOR has carefully studied the reports of explorations and tests of subsurface conditions at made or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction caused to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further made examinations, investigations, explorations, tests, studies, or data are and studies as it deems necessary for the performance of the Work work at the Contract Pricecontract price, within the Contract Timescontract time, and in accordance with the other terms and conditions of the ContractContract Documents. CONTRACTOR does not and will not require any additional examinations, investigations, tests, reports, or similar data for such purposes.
8. Contractor is aware (e) CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor (f) CONTRACTOR has given Engineer provided COUNTY written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents. CONTRACTOR hereby accepts COUNTY’s written resolution of all such conflicts, errors, or discrepancies.
(g) CONTRACTOR declares and agrees that the approval or acceptance of discrepancies between Site conditions and any part of the work or material by COUNTY, ENGINEER, or any agent relating to compliance with the Contract Documents, and Documents will not operate as a waiver by COUNTY of strict compliance with the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
(h) CONTRACTOR’s resident Superintendent at the work site will be Superintendent, unless otherwise approved by COUNTY’s Project Manager after following the procedure indicated in the General Conditions.
(i) CONTRACTOR has studied carefully and considered all permit requirements related to performance of the work. CONTRACTOR declares and agrees that all costs related to performing the work in compliance with the requirements of all permits at the contract price are included in the contract price. CONTRACTOR agrees that it will be solely responsible for payment of all fines and penalties of any nature assessed to CONTRACTOR, COUNTY, or both, by any governmental entity, district, or authority, or other jurisdictional entity relating to all permits required for performance of the work.
(j) CONTRACTOR acknowledges that the performance of the work under the Contract Documents fulfills a COUNTY, CONTRACTOR, and public purpose. To that end, CONTRACTOR shall respond to citizen complaints related to alleged damage caused by ▇▇▇▇▇▇▇▇▇▇’s performance of the work within ten (10) days of receipt of the complaint from any citizen, ENGINEER, or COUNTY. CONTRACTOR shall respond separately to each complaint. When a complaint is brought to CONTRACTOR by a citizen, CONTRACTOR shall report the citizen, the street address, and a summary of the complaint and any action taken in response. Responses and action taken by CONTRACTOR must specifically identify the problem and specific actions taken. Generic statements such as “addressed the problem” are unacceptable. If CONTRACTOR fails to respond within ten (10) days, COUNTY may take corrective action and deduct the actual costs of corrective action from subsequent progress payments or the retainage.
(k) CONTRACTOR acknowledges that COUNTY-owned property obtained for performance of the work within the project limits includes temporary construction easements. In the event that CONTRACTOR fails to perform the work within the contract time, then CONTRACTOR shall be solely responsible for payment of all costs for additional or extended temporary construction easements. CONTRACTOR authorizes COUNTY to deduct the actual costs of additional or extended temporary construction easements from subsequent progress payments or the retainage.
Appears in 1 contract
Sources: Demolition Agreement
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. 6.1 Contractor has examined and carefully studied the Contract Documents (including any Addenda) and the other related data identified in the ITB 20-031 Documents, including Addenda"technical data."
2. 6.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, local and Site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. 6.3 Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, performance and performance furnishing of the Work.
4. 6.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities). Contractor acknowledges that have been identified such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports and drawings.
5Site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if any, subsurface and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 6.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 6.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports, Drawings and Specifications identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
6.7 Contractor has not given Architect/Engineer written notice of all any conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and Contractor agrees that the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
116.8 Contractor certifies by signing this Agreement that no Commissioner or employee of the Highlands County Board of County Commissioners has solicited or accepted gratuities, favors, or anything of monetary value from Contractor or parties to subcontracts. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in and Subcontractors shall not pay any gratuities, favors, or anything of monetary value to any Commissioner or employee of the Agreement are premised upon performing and furnishing the Work required by the Contract DocumentsHighlands County Board of County Commissioners.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the VILLAGE to enter into this ContractWork Order, Contractor the CONTRACTOR makes the following representations:
1. Contractor 6.1 CONTRACTOR has examined familiarized itself with the nature and carefully studied extent of the Contract DocumentsDocuments including this Work Order, including Addenda.
2. Contractor has visited the Sitework, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions laws and regulations that in any manner may affect cost, progress, and performance or furnishing of the Workwork.
3. Contractor is familiar with all Laws 6.2 CONTRACTOR has obtained at his/her own expense and Regulations that may affect costcarefully studied, progressor assumes responsibility for obtaining and carefully studying, soil investigations, explorations, and performance of test reports which pertain to the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the drawings of physical conditions relating to existing surface site or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) otherwise may affect the cost, progress, and performance or furnishing of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are work as CONTRACTOR considers necessary for the performance or furnishing of the Work work at the Contract Price, stated work order price within the Contract Times, Work Order stated time and in accordance with the other terms and conditions of the ContractContract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or is deemed necessary by CONTRACTOR for such purposes.
8. Contractor is aware of 6.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the general nature of work Contract Documents with respect to be performed by Owner and others existing Underground Facilities at the Site that relates or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or is deemed necessary by the CONTRACTOR in order to perform and furnish the work under this Work as indicated Order price, within the Work Order time and in accordance with the other terms and conditions of the Contract Documents.
9. Contractor 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
6.5 CONTRACTOR has given Engineer the VILLAGE’s Project Manager written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he or she has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer VILLAGE or its designee is acceptable to Contractorthe CONTRACTOR.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Storm Drain Cleaning Repairs and Maintenance Services Agreement
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda.
2. B. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, local and Site conditions that may affect cost, progress, progress and performance of the Work.
3. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, progress and performance of the Work.
4. D. Contractor has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site and the all drawings of physical conditions relating to existing surface or subsurface structures at the Site that site (except Underground Facilities, if any), which have been identified in paragraph SC-4.02 of the Supplementary Conditions, with respect to the Technical Data in such reports Conditions as containing reliable “technical data;” and drawings.
5. Contractor has carefully studied the (2) reports and drawings relating to of Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in paragraph SC-4.06 of the Supplementary Conditions, with respect to Technical Data in such reports and drawingsConditions as containing reliable “technical data.”
6. E. Contractor has considered the information known to Contractor itselfContractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionContract Documents, with respect to the effect of such information, observations, observations and Technical Data documents on (a1) the cost, progress, progress and performance of the Work; (b2) the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor, including any specific means, techniques, sequences and procedures of construction expressly required by the Contract Documents; and (c3) Contractor’s safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphparagraph 8.01.E of this Agreement, Contractor agrees does not consider that no further examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractContract Documents.
8. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. 4.1 Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents, including Addenda“technical data”.
2. 4.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, performance, and performance furnishing of the Work.
3. 4.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and performance furnishing of the Work.
4. 4.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in Paragraph SC-4.02 of the Supplementary Conditions, . Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor’s purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 4.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 4.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
4.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner the TOWN to enter into this Contract, Contractor CONTRACTOR makes the following representationsrepresentations and commitments:
1. Contractor Section 5.01 CONTRACTOR has examined and carefully studied the Contract Documents, (including any and all Addenda) and the other related data identified in the Bidding Documents including Technical Specifications.
2. Contractor Section 5.02 CONTRACTOR has visited inspected the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor Section 5.03 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, progress and performance furnishing of the Work.
4. Contractor Section 5.04 CONTRACTOR has carefully studied the all reports of explorations exploration and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions relating to existing surface or subsurface structures (except underground facilities) at or contiguous to the Site that site which have been identified in the Supplementary General Conditions, . CONTRACTOR accepts the determination set forth in said General Conditions. CONTRACTOR acknowledges that such reports and drawings are not CONTRACT DOCUMENTS and may not be complete for CONTRACTOR’s purposes. CONTRACTOR acknowledges that the TOWN and the Project Manager do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to such reports, drawings or to underground facilities at or contiguous to the Technical Data in such reports site. CONTRACTOR has conducted, obtained and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at (or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (aassumes responsibility for having done so) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further all necessary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents.
8Section 5.05 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. Contractor No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the General Conditions.
Section 5.06 CONTRACTOR is aware of the general nature of work to be performed by Owner the TOWN and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor Section 5.07 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests studies and data with the Contract Documents.
Section 5.08 CONTRACTOR has given Engineer the Project Manager written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer the Project Manager is acceptable to Contractor.
10. The CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in Section 5.09 CONTRACTOR will use its best skill and workmanship to provide Work of the Agreement are premised upon performing and furnishing the Work required by the Contract Documentshighest quality.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner OWNER to enter into this Contract, Contractor Agreement CONTRACTOR makes the following representations:
1. Contractor 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, Documents (including Addendathe Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including Technical datable.
2. Contractor 7.2 CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, local and Site site conditions that may affect cost, progress, and performance or furnishing of the Work.
3. Contractor 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations Regulations, including those of the U.S. Environmental Protection Agency and/or applicable state environmental regulations, that may affect cost, progress, and performance or furnishing of the Work.
4. Contractor 7.4 CONTRACTOR has carefully studied the all reports of explorations exploration and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions, with respect to . CONTRACTOR accepts the determination set forth in paragraph SC 4.2 of the Supplementary Conditions of the extent of the Technical Data data contained in such reports and drawings.
5drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor has carefully studied the CONTRACTOR acknowledges that such reports and drawings relating to Hazardous Environmental Conditions, if any, at are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or adjacent to the Site that have been identified completeness of information and data shown or indicated in the Supplementary Conditions, Contract Documents with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits Underground Facilities at or contiguous to the Site; the Contract Documents; site. CONTRACTOR has obtained and the Technical Data identified in the Supplementary Conditions carefully studied (or by definitionassumes responsibility for having done so) all such additional supplementary examinations, with respect investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the effect of such information, observations, and Technical Data on (a) the site or otherwise which may affect cost, progress, and performance or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, sequences and procedures of construction to be employed by Contractor; CONTRACTOR and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees CONTRACTOR does not consider that no further any additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. Contractor 7.5 CONTRACTOR is aware of the general nature of the work to be performed by Owner OWNER and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce Owner OWNER to enter into this ContractAGREEMENT, Contractor CONTRACTOR makes the following representations:
1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents, including AddendaCONTRACT DOCUMENTS and the other related data identified in the BIDDING DOCUMENTS.
2. Contractor B. CONTRACTOR has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all applicable, relevant and appropriate federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor D. CONTRACTOR has carefully studied the all: (1) reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site Site, and the (2) all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions, with respect to the Technical Data in such reports and drawingsSUPPLEMENTARY CONDITIONS as containing reliable "technical data."
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor E. CONTRACTOR has considered the information known to Contractor itselfCONTRACTOR; information commonly known to contractors CONTRACTORs doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract DocumentsCONTRACT DOCUMENTS; and the Technical Data Site-related reports and drawings identified in the Supplementary Conditions or by definitionCONTRACT DOCUMENTS, with respect to the effect of such information, observations, and Technical Data on documents on: (a1) the cost, progress, and performance of the Work; (b2) the means, methods, techniques, sequences, and procedures of construction to be employed by ContractorCONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the CONTRACT DOCUMENTS; and (c3) Contractor’s CONTRACTOR’S safety precautions and programs.
7. F. Based on the information and observations referred to in the preceding paragraphParagraph 8.01.E above, Contractor agrees CONTRACTOR does not consider that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the ContractCONTRACT DOCUMENTS.
8▇. Contractor ▇▇▇▇▇▇▇▇▇▇ is aware of the general nature of work to be performed by Owner OWNER and others at the Site that relates to the Work as indicated in the Contract DocumentsCONTRACT DOCUMENTS.
9▇. Contractor ▇▇▇▇▇▇▇▇▇▇ has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract DocumentsCONTRACT DOCUMENTS, and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR.
10. I. The Contract Documents CONTRACT DOCUMENTS are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this ContractAgreement, Contractor makes the following representations:
1. 4.1 Contractor has examined and carefully studied the Contract Documents, Documents and the other related data identified in the Bidding Documents including Addenda"technical data".
2. 4.2 Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, site and become familiar with and is satisfied as to the general, local, and Site site conditions that may affect cost, progress, performance, and performance furnishing of the Work.
3. 4.3 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and performance furnishing of the Work.
4. 4.4 Contractor has carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent contiguous to the Site site and the all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, . Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Technical Data in such reports and drawings.
5site. Contractor has obtained and carefully studied the reports (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and drawings relating to Hazardous Environmental Conditionsdata concerning conditions (surface, if anysubsurface, and Underground Facilities) at or adjacent contiguous to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions site or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the otherwise which may affect cost, progress, and performance performance, or furnishing of the Work; (b) Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; Contractor and (c) Contractor’s safety precautions and programs.
7programs incident thereto. Based on the information and observations referred to in the preceding paragraph, Contractor agrees does not consider that no further any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, Times and in accordance with the other terms and conditions of the ContractContract Documents.
8. 4.5 Contractor is aware of the general nature of work to be performed by Owner and others at the Site site that relates to the Work as indicated in the Contract Documents.
9. 4.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
4.7 Contractor has given Engineer Consulting Engineer, as defined in the Instructions to Bidders, written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documentsprior to executing this Agreement, and the written resolution thereof by Consulting Engineer is acceptable to Contractor.
10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner County to enter into this ContractAgreement, Contractor makes the following representationsrepresentations and warranties:
1. 5.1 Contractor has visited the Site and has examined thoroughly and carefully studied understood the nature and extent of the Contract Documents, including Addenda.
2. Contractor has visited the Work, Site, conducted a thorough visual examination of the Site and adjacent areaslocality, actual conditions, as-built conditions, and become familiar with the general, localall local conditions, and Site conditions federal, state and local laws and regulations that in any manner may affect af fect cost, progress, and performance or furnishing of Work or which relate to any aspect of the Workmeans, methods, techniques, sequences or procedures of construction to be employed by Contractor and saf ety precautions and programs incident thereto.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. 5.2 Contractor has carefully studied the examined thoroughly and understood all reports of explorations exploration and tests of subsurface conditions at subsurf ace conditions, as-built drawings, drawings, products specifications, or adjacent to the Site and the drawings reports, available for Bidding purposes, of physical conditions relating to existing surface or subsurface structures at the Site that have been conditions, including Underground Facilities, which are identified in Document 003119 (Existing Condition Inf ormation), or which may appear in the Supplementary Drawings. Contractor accepts the determination set forth in these Documents and Document 007200 (General Conditions) of the limited extent of the inf ormation contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that, with respect to except for the Technical Data inf ormation so identif ied, Contractor does not and shall not rely on any other inf ormation contained in such reports and drawings.
5. 5.3 Contractor has carefully studied the reports conducted or obtained and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in has understood all such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studiesreports and studies (in addition to or to supplement those ref erred to in Section 5.2 of this Document 005213) that pertain to the subsurface conditions, as-built conditions, Underground Facilities and all other physical conditions at or data are contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance perf ormance or f urnishing of the Work at the Contract PriceSum, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents, including specif ically the provisions of Document 007200 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor f or such purposes.
8. 5.4 Contractor is aware has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the general nature terms and conditions of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. 5.5 Contractor has given Engineer County prompt written notice of all conflictsconf licts, errors, ambiguities, or discrepancies that Contractor it has discovered in or among the Contract Documents, Documents and of discrepancies between Site as-built drawings and actual conditions and the Contract Documents, and the written resolution thereof through Addenda issued by Engineer County is acceptable to Contractor.
105.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualif ied to conduct business in the State of Calif ornia.
5.7 Contractor has duly authorized the execution, delivery and perf ormance of this Agreement, the other Contract Documents, and the Work to be perf ormed herein. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Workdo not violate or create a def ▇▇▇▇ under any instrument, agreement, order, or decree binding on Contractor.
115.8 Contractor has listed the following Subcontractors pursuant to the Subcontractor Listing Law, Calif ornia Public Contract Code §4100 et seq.: Name of Subcontractor and Location of Mill or Shop Description of Work: Ref erence To Bid Items Subcontractor’s License No. ▇▇▇▇ Construction Plastering 844981 ▇▇▇▇▇ Electrical Electrical 1075887 JMS Mechanical HVAC 811562
5.9 Contractor has designated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Project Manager, to act as Contractor’s entry into this Contract constitutes an incontrovertible representation by Representative(s), who will represent Contractor that without exception all prices in the Agreement are premised upon performing perf orming Contractor’s duties and furnishing the Work required by the responsibilities and exercising Contractor’s rights and authorities in Contract Documents. Contractor has also designated ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Superintendent, to act as Contractor’s Superintendent. Contractor may change the individual(s) acting as Contractor’s Representative(s), or delegate one or more specif ic f unctions to one or more specif ic Contractor’s Representatives, at any time upon prior written notice and approval and without liability to County, but Contractor is limited to two representatives.
Appears in 1 contract
Sources: Construction Contract
CONTRACTOR’S REPRESENTATIONS. A. In order to induce Owner to enter into this Contract, Agreement Contractor makes the following representations:
1. 7.1 Contractor has examined familiarized itself with the nature and carefully studied extent of the Contract Contact Documents, including Addenda.
2. Contractor has visited the SiteWork, conducted a thorough visual examination of the Site and adjacent areassite, locality, and become familiar with the general, local, all local conditions and Site conditions all Laws and Regulations that in any manner may affect cost, progress, and performance or furnishing of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. 7.2 Contractor has studied carefully studied the all reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data which are identified in the Supplementary Conditions or by definition, with respect to as provided in paragraph 4.2 of the effect of such information, observationsGeneral Conditions, and Technical Data on (a) accepts the cost, progress, and performance determination set forth in paragraph 4.2 of the Work; (b) General Conditions of the means, methods, techniques, sequences, extent of the technical data contained in such reports and procedures of construction drawings upon which Contractor is entitled to be employed by Contractor; and (c) Contractor’s safety precautions and programsrely.
7. Based on the information 7.3 Contractor has obtained and observations referred to in the preceding paragraph, Contractor agrees that no further carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, studiesreports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or data are furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times, Time and in accordance with the other terms and conditions of the ContractContract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes.
87.4 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by Contractor is aware in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the general nature Contract Documents, including specifically the provisions of work to be performed by Owner paragraph 4.3 of the General Conditions.
7.5 Contractor has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and others at studies with the Site that relates to the Work as indicated in terms and conditions of the Contract Documents.
9. 7.6 Contractor has given Engineer Engineer/Architect written notice of all conflicts, errors, ambiguities, errors or discrepancies that Contractor he has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, Documents and the written resolution thereof by Engineer Engineer/Architect is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
Appears in 1 contract
Sources: Construction Contract