Common use of CONTRACTOR’S REPRESENTATIONS Clause in Contracts

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE to enter into this Contract, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical data.” 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 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 furnishing of the Work. 7.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface and subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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 (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 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR is aware of the general nature of Work to be performed by VILLAGE and others at the site that relates to the Work as indicated in the Contract Documents. 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 the VILLAGE’S REPRESENTATIVE written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE is acceptable to 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. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

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CONTRACTOR’S REPRESENTATIONS. 8.01 In order to induce VILLAGE OWNER to enter into this Contract, CONTRACTOR makes the following representations: 7.1 CONTRACTOR A. XXXXXXXXXX has examined and carefully studied the Contract Documents (including the Addenda) CONTRACT DOCUMENTS and the other related data identified in the Bidding Documents including “technical dataDocuments. 7.2 CONTRACTOR B. XXXXXXXXXX has visited the site 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. 7.3 C. CONTRACTOR is familiar with and is satisfied as to all federal, state state, and local Laws and Regulations that may affect cost, progress, and performance and furnishing of the Work. 7.4 D. CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or on contiguous to the site. CONTRACTOR acknowledges that VILLAGE does not assume responsibility for the accuracy Site and all drawings of physical conditions in or completeness of information and data shown relating to existing surface or indicated in the Contract Documents with respect to underground facilities subsurface structures at or contiguous to the site. Site (with the exception of Underground Facilities) which have been identified in the Bidding Documents and Specifications and (2) reports and drawings of Hazardous Environmental Condition, if any, at the Site which has been identified in the Bidding Documents and Specifications. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done doing so) all such additional or supplementary examinations, investigations, explorations, tests, tests studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site Site which may affect cost, progress or otherwise performance of the Work or which relate to any aspect of the means, methods or techniques or procedures of construction engaged by CONTRACTOR, including applying precise means, methods and techniques or procedures of construction, if any, expressly required by the CONTRACT DOCUMENTS to be employed by CONTRATOR, and safety precautions and programs incident thereto. F. CONTRACTOR acknowledges that OWNER and ARCHITECT 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. G. 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, or performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction construction, if any, expressly required by the CONTRACT DOCUMENTS to be employed by CONTRACTOR CONTRACTOR, and safety precautions and programs incident thereto. . H. CONTRACTOR does not consider that any additional further 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 Contract DocumentsCONTRACT DOCUMENTS. 7.5 The CONTRACTOR I. XXXXXXXXXX is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site Site that relates to the Work as indicated in the Contract DocumentsCONTRACT DOCUMENTS. 7.6 The J. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the siteSite, reports and drawings identified in the Contract Documents CONTRACT DOCUMENTS and all additional examinations, investigations, explorations, tests, studies studies, and data with the Contract DocumentsCONTRACT DOCUMENTS. 7.7 The CONTRACTOR K. XXXXXXXXXX has given the VILLAGE’S REPRESENTATIVE OWNER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents CONTRACT DOCUMENTS, and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents . L. The CONTRACT DOCUMENTS are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE the TOWN to enter into this Contract, CONTRACTOR makes the following representationsrepresentations and commitments: 7.1 5.1 CONTRACTOR has examined and carefully studied the Contract Documents Documents, (including the any and all Addenda) and the other related data identified in the Bidding Documents including “technical dataTechnical Specifications. 7.2 5.2 CONTRACTOR has visited inspected the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 progress and furnishing of the Work. 7.4 5.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of exploration and tests of subsurface conditions at or on contiguous to the sitesite and all drawings of physical conditions relating to surface or subsurface structures (except Underground Facilities) at or contiguous to the site which have been identified in the General Conditions. CONTRACTOR accepts the determination set forth in said General Conditions. CONTRACTOR acknowledges that VILLAGE does 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 underground facilities such reports, drawings or to Underground Facilities at or contiguous to the site. CONTRACTOR has conducted, obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary necessary examinations, investigations, explorations, tests, studies 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The 5.4.1 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. 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 work to be performed by VILLAGE the TOWN and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 The 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, tests studies and data with the Contract Documents. 7.7 The 5.7 CONTRACTOR has given the VILLAGE’S REPRESENTATIVE Project Manager written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE Project Manager is acceptable to 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. 7.8 The 5.8 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual use its best skill and workmanship to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 provide Work of the VILLAGE or any other applicable federal or state agency, has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent feehighest quality.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE OWNER to enter into this ContractAgreement, CONTRACTOR XXXXXXXXXX makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the AddendaAddenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 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 furnishing of the Work. 7.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on contiguous to the sitesite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities). XXXXXXXXXX accepts the determination of the extent of the "technical data" contained in such drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that VILLAGE does such 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 Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and 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 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR is aware of the general nature of Work to be performed by VILLAGE OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 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 the VILLAGE’S REPRESENTATIVE OWNER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ENGINEER is acceptable to 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. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Agreement

CONTRACTOR’S REPRESENTATIONS. 8.1 In order to induce VILLAGE OWNER to enter into this Contract, Agreement CONTRACTOR makes the following representations: 7.1 A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical dataDocuments. 7.2 B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site Site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 or furnishing of the Work. 7.4 D. CONTRACTOR has madecarefully studied available reports, or caused to be madeexplorations, examinations, investigations, tests, or studies drilling logs and tests (including those listed in the Supplementary Conditions as provided in paragraph 5.03 of the General Conditions) and has performed all necessary explorations and tests necessary to determine surface and become familiar with subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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. . E. CONTRACTOR has obtained and 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 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. . F. 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR G. XXXXXXXXXX is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 The H. CONTRACTOR has become familiar with all physical conditions relating to existing surface and subsurface conditions (including utilities) which are 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 Contract Documents, including specifically the provisions of paragraph 5.05 of the General Conditions. I. XXXXXXXXXX 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 J. XXXXXXXXXX has given the VILLAGE’S REPRESENTATIVE ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents Documents, and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ENGINEER is acceptable to CONTRACTOR, and the . K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. 8.01 In order to induce VILLAGE OWNER to enter into this Contract, CONTRACTOR makes the following representations: 7.1 A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) CONTRACT DOCUMENTS and the other related data identified in the Bidding Documents including “technical dataDocuments. 7.2 B. CONTRACTOR has visited the site 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. 7.3 C. CONTRACTOR is familiar with and is satisfied as to all federal, state state, and local Laws and Regulations that may affect cost, progress, and performance and furnishing of the Work. 7.4 D. CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or on contiguous to the site. CONTRACTOR acknowledges that VILLAGE does not assume responsibility for the accuracy Site and all drawings of physical conditions in or completeness of information and data shown relating to existing surface or indicated in the Contract Documents with respect to underground facilities subsurface structures at or contiguous to the site. Site (with the exception of Underground Facilities) which have been identified in the Bidding Documents and Specifications and (2) reports and drawings of Hazardous Environmental Condition, if any, at the Site which has been identified in the Bidding Documents and Specifications. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done doing so) all such additional or supplementary examinations, investigations, explorations, tests, tests studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site Site which may affect cost, progress or otherwise performance of the Work or which relate to any aspect of the means, methods or techniques or procedures of construction engaged by CONTRACTOR, including applying precise means, methods and techniques or procedures of construction, if any, expressly required by the CONTRACT DOCUMENTS to be employed by XXXXXXXXX, and safety precautions and programs incident thereto. X. CONTRACTOR acknowledges that OWNER and ARCHITECT 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. G. 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, or performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction construction, if any, expressly required by the CONTRACT DOCUMENTS to be employed by CONTRACTOR CONTRACTOR, and safety precautions and programs incident thereto. . H. CONTRACTOR does not consider that any additional further 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 Contract DocumentsCONTRACT DOCUMENTS. 7.5 The I. CONTRACTOR is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site Site that relates to the Work as indicated in the Contract DocumentsCONTRACT DOCUMENTS. 7.6 The J. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the siteSite, reports and drawings identified in the Contract Documents CONTRACT DOCUMENTS and all additional examinations, investigations, explorations, tests, studies studies, and data with the Contract DocumentsCONTRACT DOCUMENTS. 7.7 The CONTRACTOR X. XXXXXXXXXX has given the VILLAGE’S REPRESENTATIVE OWNER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents CONTRACT DOCUMENTS, and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents . L. The CONTRACT DOCUMENTS are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE the CITY to enter into this ContractAgreement, CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the ITB No. 24-020 Bidding Documents including “technical dataDocuments. 7.2 The CONTRACTOR has visited the site and has become familiar with and is satisfied as to the general, local local, and Project site conditions that may affect cost, progress, and performance or furnishing of the Workwork. 7.3 The CONTRACTOR is familiar with and is satisfied as to all federal, state state, and local Laws and Regulations that may affect cost, progress, and the performance and furnishing of the Workwork. 7.4 The CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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. Project site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except underground facilities). 7.5 The CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies studies, and data concerning conditions (surface, subsurface subsurface, and Underground Facilitiesunderground facilities) at or contiguous to the site or otherwise Project location which may affect cost, progress, or performance or furnishing of the Work 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 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. . 7.6 The CONTRACTOR does not consider that any additional further examinations, investigations, explorations, tests, studies studies, or data are necessary for the performance and furnishing of the Work work at the Contract Pricecontract price, within the Contract Times contract times, and in accordance with the other terms and conditions of the Contract Documents. 7.5 7.7 The CONTRACTOR is aware of the general nature of Work work to be performed by VILLAGE the City and others others, if any, at the site Project location that relates to the Work work as indicated in the Contract Documents. 7.6 7.8 The CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the siteProject location, reports and drawings identified in the Contract Documents Documents, and all additional examinations, investigations, explorations, tests, studies studies, and data with the Contract Documents. 7.7 The 7.9 CONTRACTOR has given the VILLAGE’S REPRESENTATIVE ENGINEER written notice of all conflicts, errors, ambiguities ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents Documents, and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ENGINEER is acceptable to CONTRACTOR, and the . 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. 7.8 7.11 It is expressly agreed that CONTRACTOR is and shall be in the performance of all work, services, and activities under this Agreement an independent CONTRACTOR and not an employee, agent, or servant of the 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. The CONTRACTOR warrants shall exercise control over the following:means 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. 7.8.1 Anti‐Discrimination: 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 Procurement Department. The CONTRACTOR agrees that it will not discriminate against shall be solely and exclusively responsible for payment to all subcontractors and obtaining the necessary Release of Liens. The CITY shall in no way be obligated for payments to any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discriminationsubcontractors. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE OWNER to enter into this ContractAGREEMENT, CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has examined familiarized himself with the nature and carefully studied extent of the Contract Documents (including contract documents, the Addenda) work, the locality, and all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect the other related data identified in cost, progress, or performance of the Bidding Documents including “technical datawork. 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 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 furnishing of the Work. 7.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on contiguous to the sitesite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that was provided with the bid. CONTRACTOR acknowledges that VILLAGE does 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 Underground Facilities or subsurface conditions at or contiguous to the site. CONTRACTOR has obtained and 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 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR is aware of the general nature of Work to be performed by VILLAGE and others at the site that relates to the Work as indicated in the Contract Documents. 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 the VILLAGE’S REPRESENTATIVE OWNER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ENGINEER is acceptable to 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. 7.8 The 7.6 CONTRACTOR warrants is aware of the following: 7.8.1 Anti‐Discrimination: The CONTRACTOR agrees general nature of work to be performed by OWNER and others at the Site that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this relates to the Work as indicated in the Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discriminationDocuments. 7.8.2 Anti‐Kickback: 7.7 The CONTRACTOR warrants that no person has been employed or retained Contract Documents are generally sufficient to solicit or secure this Contract upon an agreement or indicate and convey understanding of all terms and conditions for a commission, percentage, brokerage or contingent fee, performance and that no employee or officer furnishing of the VILLAGE or any other applicable federal or state agency, has any interest, financially or otherwise, Work. 7.8 CONTRACTOR’S entry into this AGREEMENT constitutes an incontrovertible representation by CONTRACTOR that without exception all prices in the Project. For breach or violation of this warranty, AGREEMENT are premised upon performing and furnishing the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from Work required by the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent feeDocuments.

Appears in 1 contract

Samples: Construction Agreement

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE 8.01 As part of the inducement for OWNER to enter into this Contract, Agreement CONTRACTOR makes the following representations: 7.1 A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical dataDocuments. 7.2 B. CONTRACTOR has visited the site 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 for the Work. 7.3 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 and furnishing of the Work. 7.4 D. CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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. Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in section 3.7.4 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise Site which may affect cost, progress, progress or 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 CONTRACTOR, including applying the 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. . F. CONTRACTOR does not consider that any additional further examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract PriceSum, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR X. XXXXXXXXXX is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site Site that relates to the Work as indicated in the Contract Documents. 7.6 The H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the siteSite, 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 I. CONTRACTOR has given the VILLAGE’S REPRESENTATIVE ARCHITECT written notice of all conflicts, errors, ambiguities ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ARCHITECT is acceptable to CONTRACTOR, and the . J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE OWNER to enter into this Contract, Agreement CONTRACTOR makes the following representations: 7.1 : CONTRACTOR has examined and carefully studied the Contract Documents (including the AddendaAddenda listed in Article 7) and the other related data identified in the Bidding Documents including “technical data.” 7.2 Proposal Documents. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local local, and site conditions that may affect cost, progress, performance performance, or furnishing of the Work. 7.3 . CONTRACTOR is familiar with and is satisfied as to all federal, state state, and local Laws and Regulations Legal Requirements that may affect cost, progress, performance performance, and furnishing of the Work. 7.4 . CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on contiguous to the siteSite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site. CONTRACTOR acknowledges that VILLAGE does such reports and drawings are not Contract Documents, are not warranted or represented in any manner by Owner to accurately show the conditions at the Site, and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and PRINCIPAL ARCHITECT/ENGINEER do not assume and expressly disclaim any responsibility for the accuracy or completeness of the information and data shown or indicated in the Contract Documents with respect to underground facilities subsurface conditions or Underground Facilities at or contiguous to the siteSite or CONTRACTOR'S interpretation of such information and data. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary research, examinations, investigations, explorations, tests, studies studies, and data concerning conditions (surface, subsurface subsurface, and Underground Facilities) at or contiguous to the site Site or otherwise which may affect cost, progress, performance performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences 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 studies, or data are necessary for the performance and furnishing of the Work at the Contract PriceAmount, within the Contract Times Time Requirements and in accordance with the other terms and conditions of the Contract Documents. 7.5 The . CONTRACTOR is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site Site that relates to the Work as indicated in the Contract Documents. 7.6 The . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the siteSite, reports reports, and drawings Drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies studies, and data with the Contract Documents. 7.7 The . CONTRACTOR has given PRINCIPAL ARCHITECT/ENGINEER through the VILLAGEOWNER or OWNER’S REPRESENTATIVE Representative written notice of all conflicts, errors, ambiguities ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE PRINCIPAL ARCHITECT/ENGINEER is acceptable to 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. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual . Pursuant to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Section 2270.002 of the VILLAGE or any other applicable federal or state agencyTexas Government Code, has any interest, financially or otherwise, in the Project. For breach or violation contemporaneous with CONTRACTOR’s execution of this warrantyAgreement, CONTRACTOR shall execute the VILLAGE shall have the right to annul this Contract without liability orVerification Company Does Not Boycott Israel, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent feeattached hereto and incorporated herein.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE Owner to enter into this ContractAgreement, CONTRACTOR Contractor makes the following representations: 7.1 CONTRACTOR 6.1 Contractor has examined and carefully studied the Contract Documents (including the any Addenda) and the other related data identified in the Bidding Documents ITB 20-021 Documents, including "technical data." 7.2 CONTRACTOR 6.2 Contractor has visited the site Site and become familiar with and is satisfied as to the general, local and site Site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 furnishing of the Work. 7.4 CONTRACTOR 6.4 Contractor has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on contiguous to the siteSite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities). CONTRACTOR Contractor acknowledges that VILLAGE does 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 Contract Documents with respect to underground facilities Underground Facilities at or contiguous to the siteSite. CONTRACTOR Contractor has obtained and 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 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 Contractor and safety precautions and programs incident thereto. CONTRACTOR 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR 6.5 Contractor is aware of the general nature of Work work to be performed by VILLAGE Owner and others at the site Site that relates to the Work as indicated in the Contract Documents. 7.6 The CONTRACTOR 6.6 Contractor has correlated the information known to CONTRACTORContractor, information and observations obtained from visits to the siteSite, reports reports, Drawings and drawings Specifications identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 The CONTRACTOR 6.7 Contractor has not given the VILLAGE’S REPRESENTATIVE Architect/Engineer written notice of all any conflicts, errors, ambiguities or discrepancies that CONTRACTOR Contractor has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE is acceptable to CONTRACTORDocuments, and Contractor agrees that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.8 The CONTRACTOR warrants 6.8 Contractor certifies by signing this Agreement that no Commissioner or employee of the following: 7.8.1 Anti‐Discrimination: The CONTRACTOR agrees that it will not discriminate against any employees Highlands County Board of County Commissioners has solicited or applicants for employment or against persons for any other benefit or service under this Contract because of raceaccepted gratuities, color, religion, sex, national originfavors, or physical anything of monetary value from Contractor or mental handicap where the handicap does parties to subcontracts. Contractor and Subcontractors shall not affect the ability pay any gratuities, favors, or anything of an individual monetary value to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that no person has been employed any Commissioner 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 Project. For breach or violation Highlands County Board of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent feeCounty Commissioners.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. 8.01 In order to induce VILLAGE Owner to enter into this ContractAgreement, CONTRACTOR Contractor makes the following representations: 7.1 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 “technical dataDocuments. 7.2 CONTRACTOR B. Contractor has visited the site 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. 7.3 CONTRACTOR C. Contractor is familiar with and is satisfied as to all federal, state state, and local Laws and Regulations that may affect cost, progress, and performance and furnishing of the Work. 7.4 CONTRACTOR D. Contractor has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all: (1) reports of explorations and tests of subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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 Site and all drawings of physical conditions in or relating to existing surface or subsurface at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done doing so) all such additional or supplementary examinations, investigations, explorations, tests, studies studies, and data concerning conditions (surface, subsurface subsurface, and Underground Facilities) at or contiguous to the site or otherwise Site which may affect cost, progress, or performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures procedure of construction to be employed by CONTRACTOR Contractor, including any specific means, methods, techniques, sequences, and procedure of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. CONTRACTOR hereto. F. Contractor does not consider that any additional further 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 Contract Documents. 7.5 The CONTRACTOR G. Contractor is aware of the general nature of Work work to be performed by VILLAGE Owner and others at the site Site that relates to the Work as indicated in the Contract Documents. 7.6 The CONTRACTOR H. Contractor has correlated the information known to CONTRACTORContractor, information and observations obtained from visits to the siteSite, reports and drawings identified in the Contract Documents Contact Documents, and all additional examinations, investigations, explorations, tests, studies studies, and data with the Contract Documents. 7.7 The CONTRACTOR I. Contractor has given the VILLAGE’S REPRESENTATIVE Owner written notice of all conflicts, errors, ambiguities ambiguities, or discrepancies that CONTRACTOR Contractor has discovered in the Contract Documents Documents, and the written resolution thereof by the VILLAGE’S REPRESENTATIVE Owner is acceptable to CONTRACTOR, and the Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.8 K. The CONTRACTOR warrants the following: 7.8.1 Anti‐Discrimination: The CONTRACTOR agrees that it will not discriminate against any Contractor covers his employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employmentwith Xxxxxxx’x Compensation and Unemployment Insurance, and can provide proof thereof to abide by all federal and state laws regarding non‐discriminationthe Owner. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

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CONTRACTOR’S REPRESENTATIONS. 8.01 In order to induce VILLAGE OWNER to enter into this Contract, Agreement CONTRACTOR makes the following representations: 7.1 A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical dataDocuments. 7.2 B. CONTRACTOR has visited the site 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. 7.3 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 and furnishing of the Work. 7.4 D. CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all: 1) reports of explorations and tests of subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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. Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and 2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions are provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface subsurface, and Underground Facilities) at or contiguous to the site or otherwise Site which may affect cost, progress, or performance or furnishing of the 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 procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. . F. CONTRACTOR does not consider that any additional further 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 Contract Documents. 7.5 The CONTRACTOR G. XXXXXXXXXX is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 The CONTRACTOR H. XXXXXXXXXX has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 The CONTRACTOR I. XXXXXXXXXX has given the VILLAGE’S REPRESENTATIVE ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ENGINEER is acceptable to CONTRACTOR, and the . J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor on the Basis of Stipulated Price

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE OWNER to enter into this Contract, Agreement CONTRACTOR makes the following representations: 7.1 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including "technical data." 7.2 6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 furnishing of the Work. 7.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface and subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE does 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. 6.4 CONTRACTOR has obtained and 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 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, investigationsinvestigation, 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 Contract Documents. 7.5 The 6.5 CONTRACTOR is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 The 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. 7.7 The 6.7 CONTRACTOR has given the VILLAGE’S REPRESENTATIVE ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ENGINEER is acceptable to 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. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE Owner to enter into this ContractAgreement, CONTRACTOR Contractor makes the following representations: 7.1 CONTRACTOR 6.1 Contractor has examined and carefully studied the Contract Documents (including the any Addenda) and the other related data identified in the Bidding Documents ITB 20-031 Documents, including "technical data." 7.2 CONTRACTOR 6.2 Contractor has visited the site Site and become familiar with and is satisfied as to the general, local and site Site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 furnishing of the Work. 7.4 CONTRACTOR 6.4 Contractor has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on contiguous to the siteSite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities). CONTRACTOR Contractor acknowledges that VILLAGE does 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 Contract Documents with respect to underground facilities Underground Facilities at or contiguous to the siteSite. CONTRACTOR Contractor has obtained and 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 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 Contractor and safety precautions and programs incident thereto. CONTRACTOR 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR 6.5 Contractor is aware of the general nature of Work work to be performed by VILLAGE Owner and others at the site Site that relates to the Work as indicated in the Contract Documents. 7.6 The CONTRACTOR 6.6 Contractor has correlated the information known to CONTRACTORContractor, information and observations obtained from visits to the siteSite, reports reports, Drawings and drawings Specifications identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 The CONTRACTOR 6.7 Contractor has not given the VILLAGE’S REPRESENTATIVE Architect/Engineer written notice of all any conflicts, errors, ambiguities or discrepancies that CONTRACTOR Contractor has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE is acceptable to CONTRACTORDocuments, and Contractor agrees that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.8 The CONTRACTOR warrants 6.8 Contractor certifies by signing this Agreement that no Commissioner or employee of the following: 7.8.1 Anti‐Discrimination: The CONTRACTOR agrees that it will not discriminate against any employees Highlands County Board of County Commissioners has solicited or applicants for employment or against persons for any other benefit or service under this Contract because of raceaccepted gratuities, color, religion, sex, national originfavors, or physical anything of monetary value from Contractor or mental handicap where the handicap does parties to subcontracts. Contractor and Subcontractors shall not affect the ability pay any gratuities, favors, or anything of an individual monetary value to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that no person has been employed any Commissioner 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 Project. For breach or violation Highlands County Board of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent feeCounty Commissioners.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. 8.01 In order to induce VILLAGE OWNER to enter into this Contract, CONTRACTOR makes the following representations: 7.1 A. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) CONTRACT DOCUMENTS and the other related data identified in the Bidding Documents including “technical dataDocuments. 7.2 B. CONTRACTOR has visited the site 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. 7.3 C. CONTRACTOR is familiar with and is satisfied as to all federal, state state, and local Laws and Regulations that may affect cost, progress, and performance and furnishing of the Work. 7.4 D. CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or on contiguous to the site. CONTRACTOR acknowledges that VILLAGE does not assume responsibility for the accuracy Site and all drawings of physical conditions in or completeness of information and data shown relating to existing surface or indicated in the Contract Documents with respect to underground facilities subsurface structures at or contiguous to the site. Site (with the exception of Underground Facilities) which have been identified in the Bidding Documents and Specifications and (2) reports and drawings of Hazardous Environmental Condition, if any, at the Site which has been identified in the Bidding Documents and Specifications. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done doing so) all such additional or supplementary examinations, investigations, explorations, tests, tests studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site Site which may affect cost, progress or otherwise performance of the Work or which relate to any aspect of the means, methods or techniques or procedures of construction engaged by CONTRACTOR, including applying precise means, methods and techniques or procedures of construction, if any, expressly required by the CONTRACT DOCUMENTS to be employed by CONTRATOR, and safety precautions and programs incident thereto. F. CONTRACTOR acknowledges that OWNER and ARCHITECT 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. G. 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, or performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction construction, if any, expressly required by the CONTRACT DOCUMENTS to be employed by CONTRACTOR CONTRACTOR, and safety precautions and programs incident thereto. . H. CONTRACTOR does not consider that any additional further 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 Contract DocumentsCONTRACT DOCUMENTS. 7.5 The I. CONTRACTOR is aware of the general nature of Work work to be performed by VILLAGE OWNER and others at the site Site that relates to the Work as indicated in the Contract DocumentsCONTRACT DOCUMENTS. 7.6 The J. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the siteSite, reports and drawings identified in the Contract Documents CONTRACT DOCUMENTS and all additional examinations, investigations, explorations, tests, studies studies, and data with the Contract DocumentsCONTRACT DOCUMENTS. 7.7 The K. CONTRACTOR has given the VILLAGE’S REPRESENTATIVE OWNER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents CONTRACT DOCUMENTS, and the written resolution thereof by the VILLAGE’S REPRESENTATIVE ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents . L. The CONTRACT DOCUMENTS are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE Owner to enter into this ContractAgreement, CONTRACTOR Contractor makes the following representations: 7.1 CONTRACTOR 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda) Addenda listed in paragraph 7 and the other related data identified in the Bidding Documents including "technical data." 7.2 CONTRACTOR 6.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 furnishing of the Work. 7.4 CONTRACTOR 6.4 Contractor has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of explorations and tests of subsurface conditions at or on contiguous to the sitesite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. CONTRACTOR Contractor accepts the 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 upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that VILLAGE does 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 Underground Facilities at or contiguous to the site. CONTRACTOR Contractor has obtained and 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 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 Contractor and safety precautions and programs incident thereto. CONTRACTOR 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR 6.5 Contractor is aware of the general nature of Work to be performed by VILLAGE Owner and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 The CONTRACTOR 6.6 Contractor has correlated the information known to CONTRACTORContractor, 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 6.7 Contractor has given the VILLAGE’S REPRESENTATIVE Engineer written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR Contractor has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE Engineer is acceptable to CONTRACTORContractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE OWNER to enter into this Contract, Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including “technical dataTechnical datable. 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 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, performance and or furnishing of the Work. 7.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface carefully studied all reports of exploration and tests of subsurface conditions at or on contiguous to the sitesite and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the 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 upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that VILLAGE does 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 Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and 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 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 The CONTRACTOR is aware of the general nature of Work the work to be performed by VILLAGE OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 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 the VILLAGE’S REPRESENTATIVE written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGE’S REPRESENTATIVE is acceptable to 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. 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract (Clyde Companies Inc)

CONTRACTOR’S REPRESENTATIONS. In order to induce VILLAGE CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.1 8.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda) and the other related data identified in the Bidding Documents including “technical data.” 7.2 8.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3 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 furnishing of the Work. 7.4 8.4 CONTRACTOR has made, or caused to be made, examinations, investigations, tests, or studies as necessary to determine surface and subsurface conditions at or on the site. CONTRACTOR acknowledges that VILLAGE CITY does 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 (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 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 and in accordance with the other terms and conditions of the Contract Documents. 7.5 8.5 The CONTRACTOR is aware of the general nature of Work to be performed by VILLAGE CITY and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 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. 7.7 8.7 The CONTRACTOR has given the VILLAGECITY’S REPRESENTATIVE written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by the VILLAGECITY’S REPRESENTATIVE is acceptable to 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. 7.8 8.8 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 because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non‐discrimination. 7.8.2 Anti‐Kickback: The CONTRACTOR warrants that 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 Project. For breach or violation of this warranty, the VILLAGE shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

Appears in 1 contract

Samples: Construction Contract

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