Common use of Consultant’s Representations and Warranties Clause in Contracts

Consultant’s Representations and Warranties. CONSULTANT represents and warrants to TAMPA BAY WATER as follows: 6.1 CONSULTANT is duly authorized to conduct business in the State of Florida. 6.2 CONSULTANT has, or it will secure at its own expense, all personnel, facilities, and equipment required to perform and complete the Services. 6.3 CONSULTANT shall maintain an adequate and competent staff of professionals licensed and located within the State of Florida. CONSULTANT shall designate in writing a single representative with whom TAMPA BAY WATER shall coordinate. This representative shall have authority to transmit instructions, receive information, interpret and deliver CONSULTANT’s policy and decisions related to the Services and bind CONSULTANT with respect to any matter arising out of or relating to this Agreement. 6.4 CONSULTANT has or shall secure all licenses or permits required by Law for the performance of the Services and shall comply with all Laws in effect at the time of the execution of this Agreement and the time of performance of the Services. 6.5 CONSULTANT has familiarized itself with the nature and extent of this Agreement, the Project, the Services, the site, locality, and all local conditions and Law that may affect CONSULTANT’s performance of this Agreement, including CONSULTANT’s compensation, the progress schedule and/or the performance or furnishing of the Services. 6.6 CONSULTANT has reviewed this Agreement (including its Schedules) and all available information and data shown or indicated in this Agreement and has given TAMPA BAY WATER written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in this Agreement or information or data, and the written resolution thereof by TAMPA BAY WATER is acceptable to CONSULTANT. 6.7 CONSULTANT shall obtain and review all information and data which relates to the Services or which CONSULTANT may reasonably anticipate may affect cost, scheduling, progress, performance or furnishing of the Services, including, but not limited to, information and data related to the Project work of others under separate contracts, to the extent that such work may interface with the Services hereunder. 6.8 At all times during the performance of the Services, CONSULTANT shall comply with Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights Act of 1992. CONSULTANT shall not discriminate in any form or manner against its employees or applicants for employment on the basis of race, color, national origin, religion, sex, age, handicap or marital status. Further, CONSULTANT shall comply with all applicable rules, regulations or executive orders promulgated to give effect to the Civil Rights Act of 1964, as amended. 6.9 CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or other consideration, contingent upon or resulting from the award or making of this Agreement. CONSULTANT represents that it has complied with the provisions of Section 287.055(6), Florida Statutes. 6.10 CONSULTANT has represented and warrants to TAMPA BAY WATER that CONSULTANT has special expertise in the type of professional services to be provided pursuant to this Agreement and CONSULTANT acknowledges that such representations were a material inducement to TAMPA BAY WATER to enter into this Agreement with CONSULTANT. CONSULTANT, in representing TAMPA BAY WATER, shall promote the best interest of TAMPA BAY WATER and assume towards TAMPA BAY WATER a fiduciary relationship of the highest trust, confidence and fair dealing. 6.11 CONSULTANT shall immediately notify TAMPA BAY WATER if it becomes aware of any facts or circumstances which may reasonably give rise to any claim against TAMPA BAY WATER for Services performed under or related to the Services performed under this Agreement. 6.12 CONSULTANT agrees that to the extent the performance of Services hereunder involves construction, CONSULTANT acknowledges that it has reviewed or will review TAMPA BAY WATER’s applicable construction contract form that will be utilized with respect to and prior to any construction of the Project, and CONSULTANT agrees that all services to be provided under said construction contract are expressly included and incorporated into the Scope of Services set forth in Schedule A to be provided by CONSULTANT under this Agreement.

Consultant’s Representations and Warranties. CONSULTANT represents and warrants to TAMPA BAY WATER TBRPC as follows: 6.1 CONSULTANT is duly authorized to conduct business in the State of Florida. 6.2 CONSULTANT has, or it will secure at its own expense, all personnel, facilities, and equipment required to perform and complete the Services. 6.3 CONSULTANT shall maintain an adequate and competent staff of professionals licensed and located within the State of Florida. CONSULTANT shall designate in writing a single representative with whom TAMPA BAY WATER TBRPC shall coordinate. This representative shall have authority to transmit instructions, receive information, interpret and deliver CONSULTANT’s policy and decisions related to the Services and bind CONSULTANT with respect to any matter arising out of or relating to this Agreement. 6.4 CONSULTANT has or shall secure all licenses or permits required by Law for the performance of the Services and shall comply with all Laws in effect at the time of the execution of this Agreement and the time of performance of the Services. 6.5 CONSULTANT has familiarized itself with the nature and extent of this Agreement, the Project, the Services, the site, locality, and all local conditions and Law that may affect CONSULTANT’s performance of this Agreement, including CONSULTANT’s compensation, the progress schedule and/or the performance or furnishing of the Services. 6.6 CONSULTANT has reviewed this Agreement (including its Schedules) and all available information and data shown or indicated in this Agreement and has given TAMPA BAY WATER TBRPC written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in this Agreement or information or data, and the written resolution thereof by TAMPA BAY WATER TBRPC is acceptable to CONSULTANT. 6.7 CONSULTANT shall obtain and review all information and data which relates to the Services or which CONSULTANT may reasonably anticipate may affect cost, scheduling, progress, performance or furnishing of the Services, including, but not limited to, information and data related to the Project work of others under separate contracts, to the extent that such work may interface with the Services hereunder. 6.8 At all times during the performance of the Services, CONSULTANT shall comply with Title VII of the Civil Rights Act of 1964, as amendedamended (45 C.F.R. Part 1010), and the Florida Civil Rights Act of 1992. CONSULTANT shall not discriminate in any form or manner against its employees or applicants for employment on the basis of race, color, national origin, religion, sex, age, handicap or marital status. Further, CONSULTANT shall comply with all applicable rules, regulations or executive orders promulgated to give effect to the Civil Rights Act of 1964, as amended. 6.9 CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or other consideration, contingent upon or resulting from the award or making of this Agreement. CONSULTANT represents that it has complied with the provisions of Section 287.055(6), Florida Statutes. 6.10 CONSULTANT has represented and warrants to TAMPA BAY WATER TBRPC that CONSULTANT has special expertise in the type of professional services to be provided pursuant to this Agreement and CONSULTANT acknowledges that such representations were a material inducement to TAMPA BAY WATER TBRPC to enter into this Agreement with CONSULTANT. CONSULTANT, in representing TAMPA BAY WATER, shall promote the best interest of TAMPA BAY WATER and assume towards TAMPA BAY WATER a fiduciary relationship of the highest trust, confidence and fair dealing. 6.11 CONSULTANT shall immediately notify TAMPA BAY WATER TBRPC if it becomes aware of any facts or circumstances which may reasonably give rise to any claim against TAMPA BAY WATER TBRPC for Services performed under or related to the Services performed under this Agreement. 6.12 CONSULTANT agrees that to the extent the performance of Services hereunder involves construction, CONSULTANT acknowledges that it has reviewed or will review TAMPA BAY WATER’s applicable construction contract form that will be utilized with respect to and prior to any construction of the Project, and CONSULTANT agrees that all services to be provided under said construction contract are expressly included and incorporated into the Scope of Services set forth in Schedule A to be provided by CONSULTANT under this Agreement.