Common use of CONTRACTOR’S REPRESENTATIONS Clause in Contracts

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has correlated the information known to the 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 17 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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CONTRACTOR’S REPRESENTATIONS. A. In order to 7.01 To induce the City of Durham NBU to enter into this Agreement Agreement, the Contractor makes the following representations: 1. A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. The 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, and performance of the Work. 3. C. The Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. D. The Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which that may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. E. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. F. The Contractor is aware of the general nature of work to be performed by the City of Durham NBU and others at the Site that relates to the Work as indicated in the Contract Documents. 8. G. The Contractor has correlated the information known to the 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. 9. H. The Contractor has given the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the Engineer is acceptable to the Contractor. 10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 14 contracts

Samples: Contract Agreement, Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 [Paragraph 4.02 4.02] of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in [Paragraph 4.06 4.06] of the General Conditions. 5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has correlated the information known to the 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 5 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham Owner to enter into this Agreement Contractor makes the following representations: 1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. 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, and performance of the Work. 3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. D. Contractor has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. 5. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. G. Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. H. Contractor has correlated the information known to the 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. 9. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 5 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to 7.01 To induce the City of Durham Owner to enter into this Agreement Agreement, Contractor makes the following representations: 1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. 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, and performance of the Work. 3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. D. Contractor has carefully studied all: a. Reports all reports of explorations and tests of subsurface conditions at or contiguous to the 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 provided pursuant to Paragraph 4.02 of the General Conditions; and. b. Reports E. Contractor has considered the information known to Contractor, information and observations obtained from visits to the Site, information commonly known to contractors doing business in the locality of the Site, the Contract Documents, and the reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions.Contract Documents and referred to in Paragraph 57.01. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous D above with respect to the Site which may affect effect of such information and observations on: (1) the cost, progress, or and performance of the Work or which relate to any aspect of Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, ; and (3) Contractor’s safety precautions and programs incident theretoprograms. 6. F. Based on the information and observations referred to in Paragraph 7.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. G. Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. H. Contractor has correlated the information known is prepared to the 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 comply with the Contract Documentsapplicable requirements of Owner’s safety program, if any. 9. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. If checked, Contractor will provide Owner with a performance bond or a payment bond, or any combination thereof, as indicated in this Paragraph and conforming to the specifications in Article 5 of the General Conditions.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in [Paragraph 4.06 4.06] of the General Conditions. 5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has correlated the information known to the 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 3 contracts

Samples: Stipulated Sum Contract, Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to 7.01 To induce the City of Durham Owner to enter into this Agreement Agreement, the Contractor makes the following representations: 1. A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, general and Site local conditions that may affect cost, progress, and performance of the Work. 3. C. The Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. D. The Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site Site, if any, which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. E. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. F. The Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. G. The Contractor has correlated the information known to the 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. 9. H. The Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to the Contractor. 10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 2 contracts

Samples: Construction Contract, Annual Unit Price Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. 7.01 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8) and the other related data identified in the Bidding Documents. 2. 7.02 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 and performance furnishing of the Work. 3. 7.03 Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, performance, and performance furnishing of the Work. 4. 7.04 Contractor has carefully studied all: a. Reports all reports of explorations and tests of subsurface conditions 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 site (except Underground Facilitiesunderground facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 5.03.A of the General Conditions; and b. Reports . Contractor accepts the determination set forth in Paragraph SC 5.03 of the Supplementary Conditions of the extent of the “technical data” contained in such reports and drawings of a Hazardous Environmental Condition, if any, at the Site upon which has been identified Contractor is entitled to rely as provided in Paragraph 4.06 5.03 of the General Conditions. 5. Contractor acknowledges that 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 at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for doing having done so) all such additional and 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 performance furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of or construction to be the employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, Contractor and safety precautions and programs incident thereto. 6. Contractor does not consider that any further 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, Times and in accordance with the other terms and conditions of the Contract Documents. 7. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. 7.05 Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Sitesite, reports reports, and drawings identified in the Contract Documents, Documents and all additional examinations, investigations, explorations, tests, studies, studies and data with the Contract Documents. 9. 7.06 Contractor has given 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 Engineer is acceptable to Contractor. 10. The , and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.07 Contractor hereby covenants and agrees to pay all claims for labor, services, materials, plans, or specifications performed, furnished, procured, used, or consumed that pertains to the public improvement or public work. 7.08 Contractor agrees to extent practicable, to maintain a list of all subcontractors, suppliers, and service providers performing, furnishing, or procuring labor, services, materials, plans, or specifications under the Contract. 7.08.1 Subcontractor, supplier, or service provider means the following: Any person who has direct contractual relationship, expressed or implied, with the Prime Contractor or with any subcontractor of the Prime Contractor to perform, furnish, or procure labor, services, materials, plans, or specifications.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. 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, and performance of the Work. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor G. CONTRACTOR is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the 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. 9. Contractor I. CONTRACTOR has given Engineer 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 Engineer ENGINEER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 2 contracts

Samples: Contract Agreement, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has correlated the information known to the 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Contract Documents. 2. B. 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, and performance of the Work. 3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. D. Contractor has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditionssite. 5. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. G. Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. H. Contractor has correlated the information known to the 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. 9. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to To induce the City of Durham Owner to enter into this Agreement Agreement, the Contractor makes the following representations: 1. A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. The Contractor has visited the Site and become familiar with the site and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. C. The Contractor is familiar with and is satisfied as to all federal, state, and local Laws laws and regulations that may affect cost, progress, and performance of the Work. 4. D. The Contractor has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilitiesunderground facilities) which that have been identified in Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General ConditionsSpecial Provisions. 5. E. The Contractor has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilitiesunderground facilities) at or contiguous to the Site which that may affect cost, progress, or performance of the Work Work, or which that relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 6. F. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. G. The Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. H. The Contractor has correlated the information known to the 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. 9. I. The Contractor has given the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the Engineer is acceptable to Contractor. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor has visited the Site (or assumes responsibility for doing so) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has correlated the information known to the 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The Contractor affirmatively acknowledges and agrees that (a) the Contract Time provided for in the Contract Documents to complete the Work is reasonable and

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to 7.01 To induce the City of Durham NBU to enter into this Agreement Agreement, the Contractor makes the following representations: 1. A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. The 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, and performance of the Work. 3. C. The Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. D. The Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which that may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. E. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. F. The Contractor is aware of the general nature of work to be performed by the City of Durham NBU and others at the Site that relates to the Work as indicated in the Contract Documents. 8. G. The Contractor has correlated the information known to the 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. 9. X. The Contractor has given the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the Engineer is acceptable to the Contractor. 10. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham OWNER to enter into this Agreement Contractor Agreement, CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in m the Bidding Documents. 2. Contractor B. CONTRACTOR has visited the Site and become fully familiar with and is satisfied as to the general, local, local and Site conditions that may affect cost, progress, progress and performance of the Work. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor G. CONTRACTOR is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the 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. 9. Contractor I. CONTRACTOR has given Engineer 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 Engineer ENGINEER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Standard Form of Agreement

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. 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, and performance of the Work. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and 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 orperformance of the Work or which relate to any aspect anyaspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor G. CONTRACTOR is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the 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. 9. Contractor has given Engineer written notice I. CONTRACTOR hasgiven ENGINEER writtennotice of all conflictsallconflicts, errors, ambiguities, or discrepancies ordiscrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Contract

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CONTRACTOR’S REPRESENTATIONS. A. In order to To induce the City of Durham Owner to enter into this Agreement Agreement, the Contractor makes the following representations: 1. A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. The Contractor has visited the Site and become familiar with the site and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. C. The Contractor is familiar with and is satisfied as to all federal, state, and local Laws laws and regulations that may affect cost, progress, and performance of the Work. 4. D. The Contractor has carefully studied all: a. Reports : reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilitiesunderground facilities) which that have been identified in Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General ConditionsSpecial Provisions. 5. E. The Contractor has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilitiesunderground facilities) at or contiguous to the Site which that may affect cost, progress, or performance of the Work Work, or which that relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by Contractor, and safety precautions and programs incident thereto. 6. F. The Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. G. The Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. H. The Contractor has correlated the information known to the 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. 9. I. The Contractor has given the Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the Engineer is acceptable to Contractor. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. 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, and performance of the Work. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports Contract Documents and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General ConditionsContract Documents. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor X. XXXXXXXXXX is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the 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. 9. Contractor I. CONTRACTOR has given Engineer PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by Engineer PROJECT MANAGER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. 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, and performance of the Work. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and 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 of the Work or which relate to any aspect anyaspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor X. XXXXXXXXXX is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the 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. 9. Contractor has given Engineer I. CONTRACTOR hasgiven ENGINEER written notice of all ofall conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. 7.01 In order to induce the City of Durham Owner to enter into this Agreement Contractor makes the following representations: 1. A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. B. 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, and performance of the Work. 3. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. D. Contractor has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 5.06 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 5.06 of the General Conditions. 5. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. G. Contractor is aware of the general nature of work to be performed by the City of Durham Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. H. Contractor has correlated the information known to the 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. 9. I. Contractor has given Engineer Architect written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer Architect is acceptable to Contractor. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Agreement

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor Agreement, CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. 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, and performance of the Workwork. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, progress and performance of the Workwork. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports (1) all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilitiesunderground facilities) which have been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which that may affect the cost, progress, or and performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 7. Contractor G. CONTRACTOR is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the ContractorCONTRACTOR, information and observations obtained from visits to the Sitesite, reports reports, and drawings identified in the Contract Documents, Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 9. Contractor I. CONTRACTOR has given Engineer ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, Documents and the written resolution thereof by Engineer ENGINEER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: a. Reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph 4.02 of the General Conditions; and b. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the General Conditions. 5. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. 6. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has correlated the information known to the 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The Contractor affirmatively acknowledges and agrees that (a) the Contract Time provide for in the Contract Documents to complete the Work is reasonable and

Appears in 1 contract

Samples: Stipulated Sum Contract

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. CONTRACTOR has examined and carefully studied the requirements of the Local Small Business Procurement Program. C. CONTRACTOR has visited the Site site and become familiar with and is satisfied as to the general, local, local and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor D. CONTRACTOR is familiar with and is satisfied as to all federal, state, state and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor E. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the Standard General Conditions; and b. Reports Conditions of the Construction Contract and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the Standard General ConditionsConditions of the Construction Contract. 5. Contractor F. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and or supplementary examinations, investigations, explorations, tests, studies, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor G. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor H. CONTRACTOR is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in all the Contract Documents. 8. Contractor I. CONTRACTOR has correlated the information known to the ContractorCONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in all the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with all the Contract Documents. 9. Contractor J. CONTRACTOR has given Engineer Issuing Office written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by Engineer Issuing Office is acceptable to ContractorCONTRACTOR. 10. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Construction Contract

CONTRACTOR’S REPRESENTATIONS. A. 8.01 In order to induce the City of Durham OWNER to enter into this Agreement Contractor CONTRACTOR makes the following representations: 1. Contractor A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 2. Contractor B. XXXXXXXXXX has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and regulations Regulations that may affect cost, progress, and performance of the Work. 4. Contractor D. CONTRACTOR has carefully studied all: a. Reports : (1) reports of explorations and tests of subsurface conditions at or contiguous continuous to the 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 Paragraph the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions; and b. Reports Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in Paragraph the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. 5. Contractor E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing having done so) all additional and 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 of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by the ContractorCONTRACTOR, including any applying the specific means, methods, techniques, sequences, and procedures of construction construction, if any, expressly required by the Bidding DocumentsContract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. 6. Contractor F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. Contractor G. XXXXXXXXXX is aware of the general nature of work to be performed by the City of Durham OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor H. CONTRACTOR has correlated the information known to the 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. 9. Contractor I. XXXXXXXXXX has given Engineer 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 Engineer ENGINEER is acceptable to ContractorCONTRACTOR. 10. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Contractor

CONTRACTOR’S REPRESENTATIONS. A. In order to induce the City of Durham to enter into this Agreement Contractor makes the following representations: 1. 1.1 Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding DocumentsDocuments including "technical data." 2. 1.2 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. 3. 1.3 Contractor is familiar with and is satisfied as to all federal, state, state and local Laws laws and regulations that may affect cost, progress, performance and performance furnishing of the Work. 4. 1.4 Contractor has carefully studied all: a. Reports examined all reports of explorations and tests of subsurface conditions 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 site (except Underground Facilitiesunderground facilities) which have been identified in Paragraph 4.02 A of the General Conditions; and b. Reports . Contractor accepts the determination set forth in Paragraph 4.02 B of the General Conditions of the extent of the "technical data" contained in such reports and drawings of a Hazardous Environmental Condition, if any, at the Site upon which has been identified Contractor is entitled to rely as provided in Paragraph 4.06 4.02 B.1 of the General Conditions. 5. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City 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 at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for doing having done so) all such additional and supplementary examinations, investigations, explorations, tests, studies, studies and data concerning conditions (surface, subsurface, subsurface and Underground Facilitiesunderground facilities) at or contiguous to the Site site or otherwise which may affect cost, progress, performance or performance 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 the Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, Contractor and safety precautions and programs incident thereto. 6. Contractor does not consider that any further additional examinations, investigations, explorations, tests, studies, studies or data are necessary for the performance and furnishing of the Work at the Contract Pricecontract price, within the Contract Times, contract times and in accordance with the other terms and conditions of the Contract Documentscontract documents. 7. 1.5 Contractor is aware of the general nature of work to be performed by the City of Durham and others at the Site site that relates to the Work as indicated in the Contract Documents. 8. 1.6 Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Sitesite, reports and drawings identified in the Contract Documents, Documents and all additional examinations, investigations, explorations, tests, studies, studies and data with the Contract Documents. 9. 1.7 Contractor has given Engineer City written notice of all conflicts, errors, ambiguities, ambiguities or discrepancies that Contractor has discovered in the Contract Documents, and the . Contractor certifies that any written resolution thereof by Engineer City is acceptable to Contractor. 10. The and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 1.8 Contractor shall make prompt payment to its subcontractors and suppliers for amounts owed for work performed on the construction project within seven days after receipt of payment from the City. If Contractor fails to pay Contractor’s subcontractor and suppliers by first-class mail or hand delivery within seven days of receipt of payment, Contractor shall pay interest to Contractor’s subcontractors and suppliers beginning on the eight day after payment was due, computed at one and one-half percent of the undisputed amount per month or fraction of a month until payment is issued. These payment provisions apply to all tiers of contractors, subcontractors and suppliers.

Appears in 1 contract

Samples: Construction Contract

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