Common use of CONTRACTOR’S REPRESENTATIONS AND COVENANTS Clause in Contracts

CONTRACTOR’S REPRESENTATIONS AND COVENANTS. In order to induce CITY to enter into this Contract CONTRACTOR makes the following representations: 8.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 8.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of 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 provisions of Article 4 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. 8.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract 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. 8.4. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to CONTRACTOR. 8.5. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.6. CONTRACTOR understands and agrees to be subject to the CDBG CONTRACT terms and conditions as if it were the recipient thereunder. The CDBG Contracts require and the Contractor specifically agrees to the following: 8.6.1. CONTRACTOR agrees that it will not discriminate against any employee employed in the performance of the Contract Documents, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.2. CONTRACTOR affirms that it is aware of and will abide by the provisions of section 287.134(2)(a), Florida Statutes regarding discriminatory vendors. CONTRACTOR agrees that it shall not violate section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of the Contract Documents may result in the termination of the Contract Documents. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.3. CONTRACTOR agrees that any of its contractors and subcontractors performing work or providing services in the performance of the Contract Documents shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR of any of its contractors and subcontractors during the term of the Contract Documents. 8.6.4. CONTRACTOR shall permit, and shall require its contractors and subcontractors to permit, the CITY and the CDBG’s authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of this Project. 8.6.5. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Articles 3.5 of the General Conditions.

Appears in 1 contract

Samples: Construction Contract

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CONTRACTOR’S REPRESENTATIONS AND COVENANTS. In order to induce CITY to enter into this Contract CONTRACTOR makes the following representations: 8.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 8.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of 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 provisions of Article 4 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. 8.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract 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. 8.4. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to CONTRACTOR. 8.5. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.6. CONTRACTOR understands and agrees to be subject to the CDBG CONTRACT terms and conditions as if it were the recipient thereunder. The CDBG Contracts contracts require and the Contractor specifically agrees to the following: 8.6.1. CONTRACTOR XXXXXXXXXX agrees that it will not discriminate against any employee employed in the performance of the Contract Documents, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.2. CONTRACTOR affirms that it is aware of and will abide by the provisions of section 287.134(2)(a), Florida Statutes regarding discriminatory vendors. CONTRACTOR XXXXXXXXXX agrees that it shall not violate section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of the Contract Documents may result in the termination of the Contract Documents. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.3. CONTRACTOR agrees that any of its contractors and subcontractors performing work or providing services in the performance of the Contract Documents shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR of any of its contractors and subcontractors during the term of the Contract Documents. 8.6.4. CONTRACTOR shall permit, and shall require its contractors and subcontractors to permit, the CITY and the CDBGFDOT’s authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of this Project. 8.6.5. CONTRACTOR agrees that upon completion of the work in accord with the Plans, the Contractor will provide FOUR (4) sets of “as-built” plans to be certified by the Engineer of Record/CEI that the necessary improvements have been completed in accordance with the Plans as the same may be modified in accord with the terms of this Contract. Additionally, the Contractor shall assure that all post construction survey documentation required by Fla. Stat. is completed and evidence of such is provided to the City in a manner that will be acceptable to the Florida Department of Transportation. 8.6.6. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Articles 3.5 of the General Conditions.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS AND COVENANTS. In order to induce CITY to enter into this Contract CONTRACTOR makes the following representations: 8.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 8.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of 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 provisions of Article 4 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. 8.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract 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. 8.4. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to CONTRACTOR. 8.5. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.6. CONTRACTOR understands and agrees to be subject to the CDBG CONTRACT terms and conditions “-JPA Contracts as if it were the recipient thereunder. The CDBG JPA Contracts require and the Contractor specifically agrees to the following: 8.6.1. CONTRACTOR agrees that it will not discriminate against any employee employed in the performance of the Contract Documents, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.2. CONTRACTOR affirms that it is aware of and will abide by the provisions of section 287.134(2)(a), Florida Statutes regarding discriminatory vendors. CONTRACTOR agrees that it shall not violate section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of the Contract Documents may result in the termination of the Contract Documents. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.3. CONTRACTOR agrees that any of its contractors and subcontractors performing work or providing services in the performance of the Contract Documents shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR of any of its contractors and subcontractors during the term of the Contract Documents. 8.6.4. CONTRACTOR shall permit, and shall require its contractors and subcontractors to permit, the CITY and the CDBGFDOT’s authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of this Project. 8.6.5. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Articles 3.5 CONTRACTOR agrees that upon completion of the work in accord with the Plans, the Contractor will provide a set of “as-built” plans to be certified by the Engineer of Record/CEI that the necessary General Conditions.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS AND COVENANTS. In order to induce CITY to enter into this Contract CONTRACTOR makes the following representations: 8.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 8.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of 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 provisions of Article 4 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. 8.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract 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. 8.4. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to CONTRACTOR. 8.5. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.6. CONTRACTOR understands and agrees to be subject to the Palm Beach County FY2022/2023 CDBG CONTRACT terms and conditions Action Plan/Contract for the renovation of Airport Park as if it were the recipient thereunder. The CDBG Contracts require and the Contractor specifically agrees to the following: 8.6.1. CONTRACTOR XXXXXXXXXX agrees that it will not discriminate against any employee employed in the performance of the Contract Documents, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.2. CONTRACTOR affirms that it is aware of and will abide by the provisions of section 287.134(2)(a), Florida Statutes regarding discriminatory vendors. CONTRACTOR XXXXXXXXXX agrees that it shall not violate section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of the Contract Documents may result in the termination of the Contract Documents. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.3. CONTRACTOR agrees that any of its contractors and subcontractors performing work or providing services in the performance of the Contract Documents shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR of any of its contractors and subcontractors during the term of the Contract Documents. 8.6.4. CONTRACTOR shall permit, and shall require its contractors and subcontractors to permit, the CITY and the Palm Beach County CDBG’s authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of this Project. 8.6.5. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Articles 3.5 of the General Conditions.

Appears in 1 contract

Samples: Construction Contract

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CONTRACTOR’S REPRESENTATIONS AND COVENANTS. In order to induce CITY to enter into this Contract CONTRACTOR makes the following representations: 8.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 8.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of 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 provisions of Article 4 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. 8.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract 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. 8.4. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to CONTRACTOR. 8.5. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.6. CONTRACTOR understands and agrees to be subject to the CDBG CONTRACT terms and conditions SCOP agreements as if it were the recipient thereunder. The CDBG Contracts SCOP agreements require and the Contractor specifically agrees to the following: 8.6.1. CONTRACTOR XXXXXXXXXX agrees that it will not discriminate against any employee employed in the performance of the Contract Documents, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.2. CONTRACTOR affirms that it is aware of and will abide by the provisions of section 287.134(2)(a), Florida Statutes regarding discriminatory vendors. CONTRACTOR XXXXXXXXXX agrees that it shall not violate section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of the Contract Documents may result in the termination of the Contract Documents. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.3. CONTRACTOR agrees that any of its contractors and subcontractors performing work or providing services in the performance of the Contract Documents shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR of any of its contractors and subcontractors during the term of the Contract Documents. 8.6.4. CONTRACTOR shall permit, and shall require its contractors and subcontractors to permit, the CITY and the CDBGFDOT’s authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of this Project. 8.6.5. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Articles 3.5 of the General Conditions.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS AND COVENANTS. In order to induce CITY to enter into this Contract CONTRACTOR makes the following representations: 8.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, Laws, and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 8.2. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance or furnishing of 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 provisions of Article 4 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. 8.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies, if any, which pertain to the physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract 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. 8.4. CONTRACTOR has given CITY written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by CITY is acceptable to CONTRACTOR. 8.5. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8.6. CONTRACTOR understands and agrees to be subject to the CDBG CONTRACT terms and conditions as if it were the recipient thereunder. The CDBG Contracts require and the Contractor specifically agrees to the following: 8.6.1. CONTRACTOR agrees that it will not discriminate against any employee employed in the performance of the Contract Documents, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. CONTRACTOR shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.2. CONTRACTOR affirms that it is aware of and will abide by the provisions of section 287.134(2)(a), Florida Statutes regarding discriminatory vendors. CONTRACTOR agrees that it shall not violate section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of the Contract Documents may result in the termination of the Contract Documents. CONTRACTOR shall include a similar provision in all of its contracts and subcontracts made in connection with the performance of the Contract Documents and shall require the same of its contractors and subcontractors’ contracts. 8.6.3. CONTRACTOR agrees that any of its contractors and subcontractors performing work or providing services in the performance of the Contract Documents shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR of any of its contractors and subcontractors during the term of the Contract Documents. 8.6.4. CONTRACTOR shall permit, and shall require its contractors and subcontractors to permit, the CITY and the CDBGCITY’s authorized representatives to inspect all work, materials, payrolls, and records, and to audit the books, records, and accounts pertaining to the financing and development of this Project. 8.6.5. There are no Contract Documents other than those listed above in this Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Articles 3.5 of the General Conditions.

Appears in 1 contract

Samples: Construction Contract

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