Common use of Commissioning Agent’s Representations, Warranties and Commitments Clause in Contracts

Commissioning Agent’s Representations, Warranties and Commitments. The Commissioning Agent hereby represents, warrants and commits to the School District, which representations, warranties and commitments shall survive the execution and delivery of this Contract, that: 3.2.1 The Commissioning Agent has the power and authority to enter into and perform this Contract. 3.2.2 The Commissioning Agent, when executed and delivered, shall be a valid and binding obligation of the Commissioning Agent enforceable in accordance with its terms. 3.2.3 The Commissioning Agent is financially solvent and possesses sufficient working capital to perform the services set forth in this Contract, on-time and on-budget, and is current in the payment of taxes and other indebtedness to the City of Philadelphia and the Commonwealth of Pennsylvania. 3.2.4 The Commissioning Agent is ready, willing and able and has sufficient experience and competence to perform all of the responsibilities and duties set forth in this Contract, on-time and on-budget. 3.2.5 The Commissioning Agent is authorized to do business in the Commonwealth of Pennsylvania and is properly licensed or registered by all necessary governmental and public and quasi-public authorities having jurisdiction over it, the services required hereunder, and the capital projects that are part of the CIP. 3.2.6 The Commissioning Agent is a firm experienced and skilled in performing professional engineering services for retro-commissioning mechanical and building automation systems of comparable size and complexity to the School District’s Project. 3.2.7 The Commissioning Agent has the necessary skills, experience, expertise, ability and available qualified, licensed or registered staff to facilitate rapid professional engineering services for retro-commissioning mechanical and building automation systems for a school project, on time and within the budget. 3.2.8 The Commissioning Agent shall visit the site of the Project and familiarize itself with the local conditions under which the services required hereunder are to be performed. 3.2.9 All retro-commissioning work and other disciplines and features of the Commissioning Agent’s work shall be reviewed, approved and sealed, where required, by licensed or registered professionals registered to practice as engineers in the Commonwealth of Pennsylvania. 3.2.10 The Commissioning Agent shall provide and maintain sufficient organization, personnel and management to carry out the requirements of this Contract, on-time and on-budget. The Commissioning Agent shall assign to this Contract personnel having the necessary competency, qualifications, experience, skill and knowledge required to perform the respective services. The School District reserves the right to direct the Commissioning Agent to remove any personnel from the Services provided under this Contract upon material reason therefore given in writing. If removal of personnel is for cause, any costs of such removal shall be borne by the Commissioning Agent.

Commissioning Agent’s Representations, Warranties and Commitments. The Commissioning Agent hereby represents, warrants and commits to the School District, which representations, warranties and commitments shall survive the execution and delivery of this Contract, that: 3.2.1 3.3.1 The Commissioning Agent has the power and authority to enter into and perform this Contract. 3.2.2 The Commissioning Agent3.3.2 This Contract, when executed and delivered, shall be a valid and binding obligation of the Commissioning Agent enforceable in accordance with its terms. 3.2.3 3.3.3 The Commissioning Agent is financially solvent and possesses sufficient working capital to perform the services set forth in this Contract, on-time and on-budget, and is current in the payment of taxes and other indebtedness to the City of Philadelphia and the Commonwealth of Pennsylvania. 3.2.4 3.3.4 The Commissioning Agent is ready, willing and able and has sufficient experience and competence to perform all of the responsibilities and duties set forth in this Contract, on-time and on-budget. 3.2.5 3.3.5 The Commissioning Agent is authorized to do business in the Commonwealth of Pennsylvania and is properly licensed or registered by all necessary governmental and public and quasi-public authorities having jurisdiction over it, the services required hereunder, and the capital projects that are part of the CIP. 3.2.6 3.3.6 The Commissioning Agent is a firm experienced and skilled in performing professional engineering commissioning services for retro-envelop, mechanical, electrical and plumbing systems and LEED commissioning mechanical for building enclosure commissioning and building automation energy systems on school projects of comparable size and complexity to the School District’s Projectcapital projects. 3.2.7 3.3.7 The Commissioning Agent has the necessary skills, experience, expertise, ability and available qualified, licensed or registered staff to facilitate rapid professional engineering commissioning services for retro-envelop, mechanical, electrical and plumbing systems and LEED commissioning mechanical for building enclosure commissioning and building automation energy systems for a on assigned school projectprojects, and to provide, on time and within the budget, these commissioning services on a number of assigned school projects at the same time, and to complete these commissioning services on assigned school projects within required time deadlines. 3.2.8 3.3.8 The Commissioning Agent shall will visit the site site(s) of the Project assigned Project(s) and familiarize itself with the local conditions under which the services required hereunder are to be performed. 3.2.9 3.3.9 All retro-commissioning work and other disciplines and features of the Commissioning Agent’s work shall be reviewed, reviewed and approved and sealed, where required, by engineers licensed or registered professionals registered to practice as engineers in the Commonwealth of Pennsylvania. 3.2.10 3.3.10 The Commissioning Agent shall provide and maintain sufficient organization, personnel and management to carry out the requirements of this Contract, on-time and on-budget. The Commissioning Agent shall assign to this Contract personnel having the necessary competency, qualifications, experience, skill and knowledge required to perform the respective services. The School District reserves the right to direct the Commissioning Agent to remove any personnel from the Services provided under this Contract upon material reason therefore given in writing. If removal of personnel is for cause, any costs of such removal shall be borne by the Commissioning Agent.