Design Builders Representations. 7.01. DESIGN/BUILDER makes the following representations:
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents listed in paragraphs 8.01.A through C but excluding the documents described in paragraph 8.01.D.
B. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work.
C. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, reports and drawings identified in the Contract Documents and all additional examinations, investigations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
Design Builders Representations. 6.01. DESIGN/BUILDER makes the following representations:
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents listed in Sections 7.01.A through C, and, to the extent prepared (but not yet approved by OWNER) prior to the Effective Date, the documents described in Section 7.01.D.3 and .4.
B. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations in existence on the Effective Date that may affect cost, progress, performance, furnishing, and completion of the Work in accordance with the Contract Documents.
C. DESIGN/BUILDER is familiar with the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
F. The completed Project will satisfy each of the performance criteria set forth in Exhibit A.
Design Builders Representations. Design-Builder shall be deemed to have made the following representations with its submission of the Guaranteed Maximum Price Proposal and the execution of the Guaranteed Maximum Price Amendment:
Design Builders Representations. 6.01. DESIGN/BUILDER makes the following representations:
A. DESIGN/BUILDER has examined and carefully studied the Contract Documents listed in Sections 7.01.A through C (including the representations and warranties concerning the performance criteria set forth in Exhibit A), and, to the extent prepared (but not yet approved by OWNER) prior to the Effective Date, the documents described in Section 7.01.D.3 and .4.
B. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations in existence on the Effective Date that may affect cost, progress, performance, furnishing, and completion of the Work in accordance with the Contract Documents.
C. DESIGN/BUILDER is familiar with the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.
D. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, tests, studies and data with the Contract Documents.
E. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
Design Builders Representations. Specific Representations: In order to induce Owner to execute this Agreement and recognizing that Owner is relying thereon, Design/Builder, by executing this Agreement, and without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in this Agreement or the Contract, or implied by operation of law, makes the following express representations to Owner:
(A) Design/Builder and its design subcontractor are professionally and fully qualified to act as the design professional and the general contractor for the Project and are, and will remain, licensed to practice engineering and architecture and general contracting by all public entities having jurisdiction over Design/Builder and its design subcontractor on the Project;
(B) Design/Builder and its design subcontractor will maintain all necessary licenses, permits or other authorizations necessary to act as Design/Builder for the Project until Design/Builder's duties hereunder have been fully satisfied;
(C) Design/Builder and its design subcontractor have the expertise, experience, and knowledge as well as the necessary plant, personnel and financial capability to perform the Design Services and the Work in accordance with the terms of the Contract;
(D) Prior to the execution of this Agreement, Design/Builder has visited and inspected the Project site and the local conditions under which the Project is to be designed, constructed and operated, and Design/Builder has performed such tests, if any, as are necessary to determine the conditions under which the Work will be performed, and Design/Builder accepts the conditions of the Work site and has taken those conditions into account in entering into the Contract;
(E) Design/Builder assumes full responsibility to Owner for the improper acts and omissions of its Subcontractors or others employed or retained by Design/Builder in connection with the Project.
(F) DESIGN/BUILDER SHALL LAWFULLY DISPOSE OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS IN ACCORDANCE WITH FEDERAL LAW, STATE LAW AND LOCAL ORDINANCES AND SHALL INDEMNIFY AND HOLD OWNER HARMLESS FOR THE UNLAWFUL DISPOSAL OF ALL CONSTRUCTION MATERIALS, CHEMICALS, AND DEBRIS DONE BY DESIGN/BUILDER OR ITS SUBCONTRACTOR IN FURTHERANCE OF THIS CONTRACT;
Design Builders Representations. The Design-Builder represents and warrants to the City that, as of the date of Execution of this Agreement:
(a) the Design-Builder is duly organized, validly existing, in good standing, and has the capacity, power and authority to enter into and perform its obligations under this Agreement;
(b) this Agreement has been duly authorized on behalf of the Design-Builder, and upon its execution and delivery constitutes a legal, valid and binding obligation of the Design-Builder;
(c) the Design-Builder has made plain and true disclosure to the City of all facts and circumstances within the Design-Builder’s knowledge as of the Reference Date regarding the Design-Builder and the Project that might reasonably be material to the willingness of the City to enter into this Agreement with the Design-Builder having regard to the information requested by the City.
Design Builders Representations. To induce Owner to enter into this Agreement, Design/Builder makes the following representations:
A. Design/Builder has examined and carefully studied the Contract Documents listed in paragraphs 13.01.A - D of this Agreement.
B. Design/Builder 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.
C. Design/Builder 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.
D. Design/Builder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work.
E. Design/Builder has correlated the information known to Design/Builder, 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.
F. Design/Builder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Design/Builder has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Design/Builder.
G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
Design Builders Representations and Warranties
2.8.1 The construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design-Builder’s warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than the Design-Builder Parties. Nothing in this warranty is intended to limit any manufacturer’s warranty which provides Owner with greater warranty rights than set forth in this Section 2.8 or the Contract Documents. Design-Builder will provide Owner with all Subcontractors’, Sub-Subcontractors’, and manufacturers’ warranties upon Substantial Completion.
2.8.2 Subcontractors and Sub-Subcontractors shall be reputable, skilled, reliable, competent, qualified in the trade or field in which they are to perform on the Project, and thoroughly familiar with applicable codes. Design-Builder will have primary responsibility for all Work performed by Subcontractors and Sub-Subcontractors. The failure of a Subcontractor or a Sub-Subcontractor to perform shall not be asserted by Design-Builder as an excuse for any omission from or noncompliance with requirements of Contract Documents; nor shall Design-Builder be entitled to an extension of time because of failure of a Subcontractor or a Sub-Subcontractor to perform unless said failure was a direct result of some delay to the Subcontractor or a Sub-Subcontractor of the kind and character described in the Contract Documents for which Design-Builder shall have requested and received an extension of time under the terms of the Construction Documents. Design-Builder shall not assert negligence, inefficiency, insolvency, bankruptcy, or incompetence of any Subcontractor or a Sub-Subcontractor as excuse for the existence of any noncompliance with or omission to fulfill any obligation under the Contract Documents.
2.8.3 Prior to the date hereof Design-Builder has provided Owner with true and complete copies of the following financial statements (collectively, the "Financial Statements"):
.1 the audited balance sheets of Design-Builder for the current fiscal year and two previous fiscal years (including the reports and notes thereon and annexed thereto); and
.2 the unaudited statements of operations and statements of cash flows of Design-Builder for the current fiscal year and two previous fiscal years. The ...
Design Builders Representations. In addition to those representations and responsibilities as outlined in Article 6.0 of the General Conditions, and to induce Owner to enter into this Agreement, Design/Builder makes the following representations:
A. Design/Builder has examined and carefully studied the Contract Documents listed in paragraphs 11.01.A through D of this Agreement.
B. Design/Builder 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.
C. Design/Builder 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.
D. Design/Builder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
E. Design/Builder has correlated the information known to Design/Builder, 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.
F. Design/Builder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Design/Builder has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Design/Builder.
G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
Design Builders Representations
