Common use of Specific Representations Clause in Contracts

Specific Representations. In order to induce the Municipality to execute this Agreement and recognizing that the Municipality is relying on the Contractor 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 the Municipality: 2.1.1 The Contractor, on its own behalf or through contracts with others, is professionally and fully qualified to act as the design professional and the general the Contractor for the Project and is, and will remain, properly licensed to practice engineering and architecture and general contracting by all public entities having jurisdiction. 2.1.2 Unless otherwise expressly provided in this Agreement, the Contractor will obtain and maintain all necessary licenses, permits or other authorizations necessary to allow the Contractor to perform the Work for the Project until the Contractor’s duties have been fully satisfied. 2.1.3 The Contractor has 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 Agreement. 2.1.4 The Contractor represents that all design services for the Project have been or will be performed by the professional consultants of the Design/Build team who are listed in Annex __3_, pursuant to agreements between the Contractor or its agents and said entities. The Contractor further represents that it will employ design professionals, duly licensed by ___________________________________ to perform the Design Services required by this Agreement, and that all Design Services specified or contemplated in this Agreement will be performed by or at the specific direction of such design professionals. 2.1.5 Prior to the execution of this Agreement, the Contractor has visited and inspected the entire Project site and relevant areas adjacent thereto and the local conditions under which the Project is to be designed, constructed and operated and the Contractor has reviewed the site as necessary, to determine the conditions under which the Work will be performed, and the Contractor accepts the conditions of the Project site and areas adjacent thereto which may impact the performance of the Work and has taken those conditions into account in entering into the Agreement, provided, however, that Design Builder’s acceptance herein applies to the extent that the Site conditions are unchanged in any material respect from those which existed at the time the Contractor's bid was made. 2.1.6 In entering into this Agreement, the Contractor represents that it has made such independent inspections as it has determined, based on its extensive experience, to be reasonably necessary and prudent. The Fixed Contract Price includes amounts which Contractor understands and agrees are sufficient to cover any foreseeable conditions (concealed, subsurface, or other). Consequently, should foreseeable concealed conditions encountered in the performance of the Work, whether surface or subsurface, be at variance with the conditions indicated by the Contract Documents or at variance with the Contractor’s expectations, the Contractor agrees that no adjustment in the Fixed Contract Price shall be made, and the Contractor shall complete the Work, absorbing all such unexpected expense; provided, however that the Contractor may seek an adjustment to the Fixed Contract Price if the conditions (including conditions addressed in Paragraph 16.2) encountered in the performance of the Work are covered by and within risks expressly assumed by the Municipality in this Agreement. 2.1.7 The Contractor represents it has developed or fully reviewed the Contract Documents and the Design Performance Guidelines described in Paragraph 1.2 of this Agreement. Based thereon, the Contractor represents that it will prepare the Detailed Design to be fully consistent with the purposes, standards, and provisions set forth in said attachments, and that the Project will be and is constructible in accordance with said documents and the Detailed Design. 2.1.8 The Contractor warrants that the Contract Time is a reasonable period for performing the work, and that the Scheduled Completion Date provides a reasonable period of time for performing the Work. 2.1.9 The Contractor represents it has received, reviewed, compared, studied, and carefully examined all of the documents which make up the Contract, and with regard to any furnished by the Municipality has had any questions about them answered to its satisfaction, and finds such documents in all respects to be complete, accurate, adequate, consistent, coordinated, and sufficient for the Contractor to complete its performance as set forth in the Contract Documents. Such review, comparison, study, and examination is a warranty that the Project can be finally designed and constructed in accordance with the Detailed Design to be completed by the Contractor and to the quality level specified herein for the Fixed Contract Price. 2.1.10 The Contractor assumes full responsibility to the Municipality for improper acts and omissions of its Subcontractors or others employed or retained by the Contractor in connection with the Project. 2.1.11 The Contractor shall prepare all documents required by the Contract, including the Detailed Design and Design Documents, and shall perform all Work in such a manner that they shall be accurate, complete, and for an amount not to exceed the Fixed Contract Price or the fixed prices established, and that all such documents prepared, and all Work performed by the Contractor shall be sufficient to accomplish the Performance Criteria as identified by the Municipality, and shall be in conformity and comply with all applicable law, codes, and regulations.

Specific Representations. In order to induce the Municipality Owner to execute this Agreement and recognizing that the Municipality Owner is relying on the Contractor thereon, Design/Builder, by executing this Agreement, and without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in this Agreement, Agreement or the Contract, or implied by operation of law, makes the following express representations to the MunicipalityOwner: 2.1.1 The Contractor, on its own behalf or through contracts with others, (1) Design/Builder is professionally and fully qualified to act as the design professional and the general the Contractor contractor for the Project and is, and will remain, properly licensed to practice engineering and architecture and general contracting by all public entities having jurisdiction.jurisdiction over Design/Builder or the Project; 2.1.2 Unless otherwise expressly provided in this Agreement, the Contractor (2) Design/Builder will obtain and maintain all necessary licenses, permits or other authorizations necessary to allow the Contractor to perform the Work act as Design/Builder for the Project until the ContractorDesign/Builder’s duties hereunder have been fully satisfied.; 2.1.3 The Contractor (3) Design/Builder has 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 Agreement.Contract; 2.1.4 The Contractor represents that all design services for the Project have been or will be performed by the professional consultants of the Design/Build team who are listed in Annex __3_, pursuant to agreements between the Contractor or its agents and said entities. The Contractor further represents that it will employ design professionals, duly licensed by ___________________________________ to perform the Design Services required by this Agreement, and that all Design Services specified or contemplated in this Agreement will be performed by or at the specific direction of such design professionals. 2.1.5 (4) Prior to the execution of this Agreement, the Contractor Design/Builder has visited and inspected the entire Project site and relevant areas adjacent thereto and the local conditions under which the Project is to be designed, constructed and operated operated, and the Contractor Design/Builder has reviewed the site performed such tests, if any, as necessary, are necessary to determine the conditions under which the Work will be performed, and the Contractor Design/Builder accepts the conditions of the Project Work site and areas adjacent thereto which may impact the performance of the Work and has taken those conditions into account in entering into the Agreement, provided, however, that Design Builder’s acceptance herein applies to the extent that the Site conditions are unchanged in any material respect from those which existed at the time the Contractor's bid was made.Contract; 2.1.6 In entering into this Agreement, the Contractor represents that it has made such independent inspections as it has determined, based on its extensive experience, to be reasonably necessary and prudent. The Fixed Contract Price includes amounts which Contractor understands and agrees are sufficient to cover any foreseeable conditions (concealed, subsurface, or other). Consequently, should foreseeable concealed conditions encountered in the performance of the Work, whether surface or subsurface, be at variance with the conditions indicated by the Contract Documents or at variance with the Contractor’s expectations, the Contractor agrees that no adjustment in the Fixed Contract Price shall be made, and the Contractor shall complete the Work, absorbing all such unexpected expense; provided, however that the Contractor may seek an adjustment to the Fixed Contract Price if the conditions (including conditions addressed in Paragraph 16.25) encountered in the performance of the Work are covered by and within risks expressly assumed by the Municipality in this Agreement. 2.1.7 The Contractor represents it has developed or fully reviewed the Contract Documents and the Design Performance Guidelines described in Paragraph 1.2 of this Agreement. Based thereon, the Contractor represents that it will prepare the Detailed Design to be fully consistent with the purposes, standards, and provisions set forth in said attachments, and that the Project will be and is constructible in accordance with said documents and the Detailed Design. 2.1.8 The Contractor warrants that the Contract Time is a reasonable period for performing the work, and that the Scheduled Completion Date provides a reasonable period of time for performing the Work. 2.1.9 The Contractor represents it has received, reviewed, compared, studied, and carefully examined all of the documents which make up the Contract, and with regard to any furnished by the Municipality has had any questions about them answered to its satisfaction, and finds such documents in all respects to be complete, accurate, adequate, consistent, coordinated, and sufficient for the Contractor to complete its performance as set forth in the Contract Documents. Such review, comparison, study, and examination is a warranty that the Project can be finally designed and constructed in accordance with the Detailed Design to be completed by the Contractor and to the quality level specified herein for the Fixed Contract Price. 2.1.10 The Contractor /Builder assumes full responsibility to Owner for the Municipality for improper acts and omissions of its Subcontractors or others employed or retained by the Contractor Design/Builder in connection with the Project. 2.1.11 The Contractor (6) Design/Builder shall prepare all documents use an electronic verification system to determine the work eligibility status of any new employees physically performing services within the State of Nebraska, as required by pursuant to Neb. Rev. Stat. §§4-108 to 4-114 as of the effective date of this Contract, including the Detailed Design and Design Documents, and shall perform all Work in or as such a manner that they law may be amended from time-to-time. Compliance with these Nebraska statutes shall be accurate, complete, and for an amount not to exceed the Fixed Contract Price or the fixed prices established, and that all such documents prepared, and all Work performed by the Contractor shall be sufficient to accomplish the Performance Criteria as identified by the Municipality, and shall be in conformity and comply with all applicable law, codes, and regulationsconsidered a material term of this Contract.

Specific Representations. In order to induce the Municipality Owner to execute this Agreement and recognizing that the Municipality Owner is relying on the Contractor thereon, Design/Builder, by executing this Agreement, and without superseding, limiting, or restricting any other representation or warranty set forth elsewhere in this Agreement, Agreement or the Contract, or implied by operation of law, makes the following express representations to the MunicipalityOwner: 2.1.1 The Contractor, on its own behalf or through contracts with others, (1) Design/Builder is professionally and fully qualified to act as the design professional and the general the Contractor contractor for the Project and is, and will remain, properly licensed to practice engineering and architecture and general contracting by all public entities having jurisdiction.jurisdiction over Design/Builder or the Project; 2.1.2 Unless otherwise expressly provided in this Agreement, the Contractor (2) Design/Builder will obtain and maintain all necessary licenses, permits or other authorizations necessary to allow the Contractor to perform the Work act as Design/Builder for the Project until the Contractor’s Design/Builder's duties hereunder have been fully satisfied.; 2.1.3 The Contractor (3) Design/Builder has 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 Agreement.Contract; 2.1.4 The Contractor represents that all design services for the Project have been or will be performed by the professional consultants of the Design/Build team who are listed in Annex __3_, pursuant to agreements between the Contractor or its agents and said entities. The Contractor further represents that it will employ design professionals, duly licensed by ___________________________________ to perform the Design Services required by this Agreement, and that all Design Services specified or contemplated in this Agreement will be performed by or at the specific direction of such design professionals. 2.1.5 (4) Prior to the execution of this Agreement, the Contractor Design/Builder has visited and inspected the entire Project site and relevant areas adjacent thereto and the local conditions under which the Project is to be designed, constructed and operated operated, and the Contractor Design/Builder has reviewed the site performed such tests, if any, as necessary, are necessary to determine the conditions under which the Work will be performed, and the Contractor Design/Builder accepts the conditions of the Project Work site and areas adjacent thereto which may impact the performance of the Work and has taken those conditions into account in entering into the Agreement, provided, however, that Design Builder’s acceptance herein applies to the extent that the Site conditions are unchanged in any material respect from those which existed at the time the Contractor's bid was made.Contract; 2.1.6 In entering into this Agreement, the Contractor represents that it has made such independent inspections as it has determined, based on its extensive experience, to be reasonably necessary and prudent. The Fixed Contract Price includes amounts which Contractor understands and agrees are sufficient to cover any foreseeable conditions (concealed, subsurface, or other). Consequently, should foreseeable concealed conditions encountered in the performance of the Work, whether surface or subsurface, be at variance with the conditions indicated by the Contract Documents or at variance with the Contractor’s expectations, the Contractor agrees that no adjustment in the Fixed Contract Price shall be made, and the Contractor shall complete the Work, absorbing all such unexpected expense; provided, however that the Contractor may seek an adjustment to the Fixed Contract Price if the conditions (including conditions addressed in Paragraph 16.25) encountered in the performance of the Work are covered by and within risks expressly assumed by the Municipality in this Agreement. 2.1.7 The Contractor represents it has developed or fully reviewed the Contract Documents and the Design Performance Guidelines described in Paragraph 1.2 of this Agreement. Based thereon, the Contractor represents that it will prepare the Detailed Design to be fully consistent with the purposes, standards, and provisions set forth in said attachments, and that the Project will be and is constructible in accordance with said documents and the Detailed Design. 2.1.8 The Contractor warrants that the Contract Time is a reasonable period for performing the work, and that the Scheduled Completion Date provides a reasonable period of time for performing the Work. 2.1.9 The Contractor represents it has received, reviewed, compared, studied, and carefully examined all of the documents which make up the Contract, and with regard to any furnished by the Municipality has had any questions about them answered to its satisfaction, and finds such documents in all respects to be complete, accurate, adequate, consistent, coordinated, and sufficient for the Contractor to complete its performance as set forth in the Contract Documents. Such review, comparison, study, and examination is a warranty that the Project can be finally designed and constructed in accordance with the Detailed Design to be completed by the Contractor and to the quality level specified herein for the Fixed Contract Price. 2.1.10 The Contractor /Builder assumes full responsibility to Owner for the Municipality for improper acts and omissions of its Subcontractors or others employed or retained by the Contractor Design/Builder in connection with the Project. 2.1.11 The Contractor (6) Design/Builder shall prepare all documents use an electronic verification system to determine the work eligibility status of any new employees physically performing services within the State of Nebraska, as required by pursuant to Neb. Rev. Stat. §§4-108 to 4-114 as of the effective date of this Contract, including the Detailed Design and Design Documents, and shall perform all Work in or as such a manner that they law may be amended from time-to-time. Compliance with these Nebraska statutes shall be accurate, complete, and for an amount not to exceed the Fixed Contract Price or the fixed prices established, and that all such documents prepared, and all Work performed by the Contractor shall be sufficient to accomplish the Performance Criteria as identified by the Municipality, and shall be in conformity and comply with all applicable law, codes, and regulationsconsidered a material term of this Contract.