Common use of DESIGN-BUILDER’S OBLIGATIONS Clause in Contracts

DESIGN-BUILDER’S OBLIGATIONS. Design-Builder can and must perform, or cause to be performed, the Work in strict accordance with the provisions and requirements of this Contract. c. Except for the contents of this Contract, no representation, statement or promise, oral or written, or of any kind whatsoever, by the Commission, its officials, agents, representatives or employees, has induced the Design-Builder to submit a bid or has been relied upon by the Design-Builder, including any reference to (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Contract; (ii) the nature, existence, or location of materials, structures, obstructions, utilities or conditions, surface or subsurface, which may be encountered at or on the Site; (iii) the nature, quantity, quality or size of any materials, equipment, labor and other facilities needed for the performance of this Contract; (iv) the general conditions which may in any way affect this Contract or its performance; (v) the compensation provisions of the Contract; or (vi) any other matter. d. The Design-Builder was given ample opportunity and time to review the Contract Documents prior to submittal of its bid. e. The Design-Builder acknowledges and understands that the Commission materially relied upon the Design- Builder’s bid in its selection of the Design-Builder to perform the Work. f. Design-Builder’s submittal of its bid establishes that the Design-Builder, in preparing and submitting its bid on which this Contract is based, has complied with and given full consideration to the following bidding requirements: (1) The Design-Builder did obtain for bidding purposes copies of the complete Contract Documents as identified in the advertisement for bids and all addenda issued by the Commission and has become familiar with the same and all Contract requirements and conditions described therein. (2) The Design-Builder has clarified to its satisfaction and complete understanding and acceptance any doubt as to the true meaning and intent of any part or parts of the specifications and plans or other portions of the Contract Documents. (3) The Design-Builder waives any claim for relief because of alleged mistakes or omissions in its bid and that the Design-Builder will be held strictly to its bid as presented. 2. The Design-Builder has the capability and financial resources to perform all of the provisions and requirements of this Contract. 3. The Design-Builder must perform all of its obligations under this Contract in accordance with all of the Contract’s provisions and requirements.