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DocuSign Envelope ID: E374DB3E-D68E-4936-8738-22902DE197AA <br />Section 4. The Contractor agrees to commence work by the project start date set in the Notice <br />to Proceed, to finally complete and achieve final acceptance of the Project within the mutually agreed <br />upon number of days. Time is of the essence of this Agreement, and the Contractor acknowledges <br />that the Owner will be damaged if the Contractor fails to complete the Project on time and in <br />accordance with the Contract Documents. The Contractor agrees to ensure that workers' compensation <br />insurance coverage will be provided for all persons employed on the Project. <br />Section 5. In order to induce Owner to enter into this Agreement, the Contractor makes <br />the following representations: <br />a) The Contractor has examined, read, and understands the Contract Documents; <br />b) The Contractor is familiar with the Project area and site, and all local, state, and federal laws and <br />regulations that in any manner may affect cost, progress, or performance of the work; <br />c) The Contractor has made and studied the results of examinations, investigations, and tests of <br />subsurface and latent physical conditions which may affect the cost, progress, or performance of the work <br />that the Contractor considers necessary to assure construction of the Project at the contract price within the <br />contract time and in accordance with the Contract Documents, and no additional examinations, <br />investigations, tests, reports, or other similar information will be required by the bidder for these purposes; <br />d) The Contractor has reviewed all information in the Contract Documents with respect to existing <br />underground facilities at or near the Project site, and the Contractor assumes responsibility for the exact <br />nature and location of these underground facilities; and no additional examinations, investigations, tests, <br />reports, or similar information will be required by the Contractor in order to construct the Project at the <br />contract price within the contract time and in accordance with the Contract Documents, including Section <br />3.04 of the General Conditions; <br />e) The Contractor has correlated the results of all such observations, examinations, investigations, <br />tests, reports, and studies with the terms and conditions of the Contract Documents; and <br />f) The Contractor has given the Engineer written notice of all conflicts, omissions, errors, or <br />discrepancies discovered in the contract documents and the written response or resolution of the issue by <br />Engineer is acceptable to the Contractor. <br />Section 6. Prohibition on Contracts with Companies Boycotting Israel. Pursuant to Chapter 2270 <br />and 808, Texas Government Code. By signing below as an authorized signer, the Contractor certifies that it <br />is not ineligible to receive the award of or payments for this procurement and acknowledges that this <br />procurement may be terminated and payment may be withheld if this certification is inaccurate. Failure to <br />maintain the requirements under this provision will be considered a material breach. <br />Section 7. Section 2252 of the Texas Government Code restricts the City from contracting with <br />companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing below as an <br />authorized signer, the Contractor hereby certifies that it is not ineligible to receive the award of or payments <br />under this procurement and acknowledges that the procurement may be terminated and payment may be <br />withheld if this certification is inaccurate. Failure to meet or maintain the requirements under this provision <br />will be considered a material breach. <br />Rev 09/21/18 OC -2 <br />