Drawings and Specifications 9.1 A complete list of all Drawings that form a part of the Contract Documents are to be found as an index on the Drawings themselves, and/or may be provided to Developer and/or in the Table of Contents. 9.2 Materials or Work described in words that so applied have a well-known technical or trade meaning shall be deemed to refer to recognized standards, unless noted otherwise. 9.3 Trade Name or Trade Term It is not the intention of the Contract Documents to go into detailed descriptions of any materials and/or methods commonly known to the trade under “trade name” or “trade term.” The mere mention or notation of “trade name” or “trade term” shall be considered a sufficient notice to Developer that it will be required to complete the work so named, complete, finished, and operable, with all its appurtenances, according to the best practices of the trade. 9.4 The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidental and accessory items thereto and/or labor therefor, as per best practices of the trade(s) involved, unless specifically noted otherwise. 9.5 Contract Documents are complementary, and what is called for by one shall be binding as if called for by all. As such, Drawings and Specifications are intended to be fully cooperative and to agree. However, if Developer observes that Drawings and Specifications are in conflict with the Contract Documents, Developer shall promptly notify District and Architect in writing, and any necessary changes shall be made as provided in the Contract Documents. 9.6 Figured dimensions shall be followed in preference to scaled dimensions, and Developer shall make all additional measurements necessary for the work and shall be responsible for their accuracy. Before ordering any material or doing any work, each Developer shall verify all measurements at the building and shall be responsible for the correctness of same. 9.7 Should any question arise concerning the intent or meaning of the Contract Documents, including the Plans and Specifications, the question shall be submitted to the District for interpretation. If a conflict exists in the Contract Documents, these Construction Provisions shall control over the Facilities Lease, which shall control over the Site Lease, which shall control over Division 1 Documents, which shall control over Division 2 through Division 49 documents, which shall control over figured dimensions, which shall control over large-scale drawings, which shall control over small-scale drawings. In no case shall a document calling for lower quality and/or quantity of material or workmanship control. However, in the case of discrepancy or ambiguity solely between and among the Drawings and Specifications, the discrepancy or ambiguity shall be resolved in favor of the interpretation that will provide District with the functionally complete and operable Project described in the Drawings and Specifications. 9.8 Drawings and Specifications are intended to comply with all laws, ordinances, rules, and regulations of constituted authorities having jurisdiction, and where referred to in the Contract Documents, the laws, ordinances, rules, and regulations shall be considered as a part of the Contract Documents within the limits specified. 9.9 As required by Section 4-317(c), Part 1, Title 24, CCR: “Should any existing conditions such as deterioration or non-complying construction be discovered which is not covered by the DSA-approved documents wherein the finished work will not comply with Title 24, California Code of Regulations, a construction change document, or a separate set of plans and specifications, detailing and specifying the required repair work shall be submitted to and approved by DSA before proceeding with the repair work.”
Plans and Specifications (a) Any fees or other costs incurred by the Buyer in connection with the preparation of the plans and Specifications or any modifications thereto by the Designer, are the responsibility of the Buyer and are not included in the Buyer's Payments. The Buyer represents and warranties that said Plans and Specifications shall be sufficient for Builder to complete construction of the Vessel. (b) Change Orders shall be authorized only upon the written and signed consent of both the Builder and the Buyer. Any request for a Change Order shall be made in writing and submitted to the Builder for approval. The Builder's approval and signature shall not be unreasonably withheld. The Builder's approval of any Change Order shall be conditioned upon any statement endorsed on the Change Order of: (i) The estimated additional cost or savings in cost, if any, of Materials in effecting the Change Order; (ii) The addition to or reduction in man hours of labor, if any, to result from compliance with the requested Change Order; and (iii) Any adjustment in the Estimated Delivery Date necessitated by the Change Order; The Change Order shall then be submitted to the Buyer for approval. If the Buyer approves the Change Order, he shall sign the Change Order and return it to the Builder. (c) Once approved as provided herein, a Change Order shall have the effect of modifying the Plans and Specifications consistent with the Change Order. Further, an approved Change Order shall act to increase or decrease the man hours in accordance with the estimate contained in the Change Order and shall act to adjust the Estimated Delivery Date in any manner set forth in the Change Order. (d) Builder shall submit Invoices to Buyer for any Additional Labor Charges or Additional Material Charges and such Invoices shall itemize all Additional Materials and Additional Man Hours by reference to specific Change Order. (e) If at any time it becomes apparent that Additional Labor Charges or Additional Material Charges on account of a Change Order exceed the estimates approved in the Change Order by more than ten (10%) percent, Builder shall immediately notify Buyer with an explanation of the discrepancy. If Builder fails to give the notice required hereunder, it shall not be entitled to be paid on account of the Change Order more than the amounts estimated in the Change Order as approved by the Buyer. (f) Work accomplished not in conformity with the Plans and Specifications and not authorized by the Buyer may at Buyer's option (i) be deemed an amendment to the Plans and Specifications, without charge, or (ii) be required to be brought into conformity at Builder's expense.
Architect Engineer shall provide assistance to Owner through the commissioning consultant/agent for the purpose of advising and counseling Owner’s personnel in the usage, operation and maintenance of the building mechanical, electrical, and plumbing systems.