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Docusign Envelope ID: CEC9F821-7B87-45EC-8E03-AAD4B1447C7D <br /> c) The Contractor has made and studied the results of examinations, investigations, and <br /> tests of subsurface and latent physical conditions which may affect the cost, progress, or <br /> performance of the work that the Contractor considers necessary to assure construction of the <br /> Project at the contract price within the contract time and in accordance with the Contract <br /> Documents, and no additional examinations, investigations, tests, reports, or other similar <br /> 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 <br /> existing underground facilities at or near the Project site, and the Contractor assumes responsibility <br /> for the exact nature and location of these underground facilities; and no additional examinations, <br /> investigations, tests, reports, or similar information will be required by the Contractor in order to <br /> construct the Project at the contract price within the contract time and in accordance with the <br /> Contract Documents, including Section 3.04 of the General Conditions; <br /> e) The Contractor has correlated the results of all such observations, examinations, <br /> investigations,tests,reports, and studies with the terms and conditions of the Contract Documents; <br /> and <br /> f) The Contractor has given the Engineer written notice of all conflicts, omissions, errors, <br /> or discrepancies discovered in the contract documents and the written response or resolution of the <br /> issue by Engineer is acceptable to the Contractor. <br /> Section 5. Construction Contract Language <br /> The Contractor acknowledges to and for the benefit of the Owner("Purchaser") that it <br /> understands the goods and services under this agreement are being funded with federal monies <br /> made available by the Clean Water State Revolving Fund or Drinking Water State Revolving Fund <br /> that have statutory requirements commonly known as "Build America, Buy America;" that <br /> requires all of the iron and steel, manufactured projects, and construction materials used in the <br /> project to be produced in the United States ("Build America, Buy America Requirements") <br /> including iron and steel, manufactured products, and construction materials provided by the <br /> Contractor pursuant to this agreement. The Contractor hereby represents and warrants to and for <br /> the benefit of the Owner(a)the Contractor has reviewed and understands the Build America, Buy <br /> America Requirements, (b) all of the iron and steel, manufactured products, and construction <br /> materials used in the project will be and/or have been produced in the United States in a manner <br /> that complies with the Build America, Buy America Requirements, unless a waiver of the <br /> Requirements is approved, and (c) the Contractor will provide any further verified information, <br /> certification or assurance of compliance with this paragraph, or information necessary to support <br /> a waiver of the Build America, Buy America Requirements, as may be requested by the Owner. <br /> Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph <br /> by the Contractor shall permit the Owner to recover as damages against the Contractor any loss, <br /> expense, or cost (including without limitation attorney's fees) incurred by the Owner resulting <br /> from any such failure (including without limitation any impairment or loss of funding, whether in <br /> whole or in part, or any damages owed to the Owner). <br /> Section 6. By signing below as an authorized signer,the Contractor certifies to the accuracy <br /> Rev 08.17.2022 OC-2 <br />