EXECUTION, CORRELATION AND INTENT. 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has examined the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.
1.2.2.1 Examination of site shall include determination of the nature and scope of the Work and all difficulties that accompany its execution.
1.2.2.2 Claims for additional labor, equipment, materials, or costs, resulting from difficulties which should have been noted during the examination of the site, will not be allowed.
1.2.2.3 The Contractor shall correlate all dimensions shown on the Drawings for existing work and for new work which is to connect to it. Verify existing dimensions by actual measurement of existing work. Report in writing to the Architect all discrepancies between the requirement of the Contract Documents and Existing conditions.
1.2.2.4 The Contractor and each Subcontractor shall evaluate and satisfy themselves as to the conditions and limitations under which the Work is to be performed, including, without limitation (1) the location, condition, layout and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) anticipated labor supply and costs, (4) availability and cost of materials, tools and equipment and (5) other similar issues. The Owner assumes no responsibility or liability for the physical condition or safety of the Project site or any improvements located on the Project site. The Contractor shall be solely responsible for providing a safe place for the performance of the Work. The Owner shall not be required to make any adjustment in either the Contract Sum or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this paragraph.
1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonabl...
EXECUTION, CORRELATION AND INTENT. 1.2.1 Execution of the Contract by XXXX is conclusive that XXXX has visited the Work site, become familiar with local conditions under which the Work will be performed, and fully informed itself as to conditions and matters which can affect the Work or costs. XXXX further agrees that it has carefully correlated personal observations with requirements of the Contract.
1.2.2 The Contract Documents and Modifications have been read and carefully considered by XXXX, who understands and agrees to their sufficiency for the Work. The Contract may not be more strongly construed against the City than against XXXX and Surety.
1.2.3 XXXX shall include all items necessary for proper execution and completion of the Work in strict accordance with the Contract Documents and reasonably inferable therefrom.
1.2.4 Reference to standard specifications, manuals, or codes of a technical society, organization, or association, or to laws or regulations of a governmental authority, whether specific or implied, mean the latest edition in effect as of date of written agreement as to a CGMP or the GMP), except as may be otherwise specifically stated in the Contract Documents.
1.2.5 No provision of any referenced standard, specification, or manual changes the duties and responsibilities of the City, Director, XXXX, or Design Consultant from those set forth in the Contract.
1.2.6 Organization of Specifications into divisions, sections, and articles and arrangement of Drawings does not control XXXX in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.7 Unless otherwise defined in the Contract, words which have well‑known construction industry technical meanings are used in the Contract in accordance with these recognized meanings.
1.2.8 Where the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall mean the direction, requirement, permission, order, designation, or prescription of Director unless explicitly stated otherwise. The words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to Director, unless explicitly stated otherwise.
1.2.9 Reference to a specific requirement of a cited standard shall include all general requirements of the entire cited standard pertinent to the specific reference.
EXECUTION, CORRELATION AND INTENT. 1.2.1 It is the intent of the Owner and Design-Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary and what is required by one will be as binding as if required by all. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.2 The parties will not be bound by, or be liable for, any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments or Modifications of any of the terms or conditions of this Contract will be valid unless reduced to writing and signed by both parties. This Contract may be amended or changed only by Modification.
1.2.3 If the Design-Builder believes, or is advised by another licensed design professional retained by the Owner to provide services on the Project, that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design-Builder will notify the Owner in writing. The Design-Builder will not be obligated to perform any act which will violate any applicable law.
1.2.4 Nothing contained in this Contract will create a contractual relationship between the Owner and any person or entity other than the Design-Builder, unless otherwise provided in this Contract.
1.2.5 Execution of this Contract by the Design-Builder is a representation and warranty that the Design-Builder (a) is particularly experienced and skilled in the construction of structures and improvements of the type described in the Contract Documents, and (b) has, by careful examination, satisfied itself as to and has taken into account
(i) the nature, location and character of the Project Site, including but not limited to, the surface and subsurface condition of the land and all structures and obstructions thereon, both natural and man-made, and all surface and subsurface water conditions of the project site and the surrounding area; (ii) the nature, location and character of the general area in which the Project sites are located included, but not limited to, weather and climate; and (iii) all other matters or things which, in the reasonable judgment of the Design-Builder, could in any manner affect the performance of the Work.
1.2.6 All Work mentioned or indicated in the Contract Documents will be performed by the Design-Builder as part of this Contract...
EXECUTION, CORRELATION AND INTENT. 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work
EXECUTION, CORRELATION AND INTENT. The Contract Documents are complementary and are intended to include all items required for the proper execution and completion of the Work. Any item of Work mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be provided by Contractor as if shown or mentioned in both. In the event of conflicting provisions between any of the Contract Documents, the provisions shall govern in the following priority: first, duly executed amendments to this Agreement (to the extent not superseded by a subsequent amendment), second, this Agreement and third, the other Contract Documents. Subject to the foregoing, the several instruments forming part of this Agreement are to be taken as mutually explanatory of one another. Each and every provision of law required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall be amended in writing to make such insertion or correction.
EXECUTION, CORRELATION AND INTENT. 1.2.1 The Construction Manager and Authority shall sign this Construction Services Agreement in not less than triplicate.
1.2.2 It is the intent of the Construction Manager and Authority that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents, but reasonably inferable from the Contract Documents, will be included as part of the Work. Words and abbreviations that have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.3 The Construction Manager will review the Design Documents as they are being produced, and provide comments based on constructability, Value Engineering, and known inconsistencies, ambiguities, or errors, especially before it provides a Construction Management Plan containing its GMP Proposal as provided in Exhibit 3 of the Construction Services Agreement; as a result, any inconsistencies among and between the Contract Documents shall be governed by the most strict or stringent requirements included therein and as determined by the Authority.
1.2.4 The Construction Manager accepts a duty of trust and confidence toward the Authority created by this Construction Services Agreement, and covenants with the Authority to furnish the Construction Manager’s skill and judgment and to cooperate with the Project Participants in furthering the interests of the Authority. Consistent with its Standard of Care, the Construction Manager shall furnish construction administration and management services and use the Construction Manager’s expertise and best efforts to perform the Work in an expeditious and economical manner and in furtherance of the interests of the Authority.
1.2.5 The Construction Manager hereby acknowledges and agrees that it is the intent of Construction Manager and Authority under this Construction Services Agreement that Construction Manager shall fully advise and consult with the Authority, the Team, their representatives, and the Architect from the early stages of design through completion of
EXECUTION, CORRELATION AND INTENT. 1.2.1 The Contract Documents shall be signed by the Owner and Contractor as provided in the Agreement. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request.
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
EXECUTION, CORRELATION AND INTENT. 2.3.1 The Agreement will not be binding on the District until approved by the District’s Board.
2.3.2 Execution of the Agreement by DBE is a representation that the DBE has the expertise and experience for and understands and accepts the methodology under which the Work is to be performed and the requirements of the Contract Documents.
2.3.3 The intent of the Contract Documents is to include all necessary criteria to establish the scope, quality and performance requirements for completion of the Work by DBE. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all.
2.3.4 Unless otherwise stated in the Contract Documents, words and phrases shall be interpreted consistent with construction and design industry standards for California community college districts.
2.3.5 Work shall be in compliance with applicable laws, codes, ordinances and regulations, including but not limited to Title 24 of the California Code of Regulations. Higher levels of performance, material, and or function, may be required or reasonably inferred from the Contract Documents.
EXECUTION, CORRELATION AND INTENT. 1.2.1 It is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Design/Builder shall be required only to the extent consistent with and reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.
1.2.2 If the Design/Builder believes or is advised by the Architect or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design/Builder shall immediately notify the Owner and promptly confirm such notice in writing. Neither the Design/Builder nor the Architect shall be obligated to perform any act which either believes will violate any applicable law.
1.2.3 Nothing contained in this Part 2 Agreement shall create a contractual relationship between the Owner and any person or entity other than the Design/Builder, except it is understood and agreed that the Owner is an intended third-party beneficiary of all contracts between Design/Builder and the Architect, any engineer, other design professionals, as well as a third-party beneficiary of all of Design/Builder's subcontracts, purchase orders, and other agreements related to this Project. See Rider.
EXECUTION, CORRELATION AND INTENT. 1.2.1 Execution of the Contract by XXXX is conclusive that XXXX has visited the Work site, become familiar with local conditions under which the Work will be performed, and fully informed itself as to conditions and matters which can affect the Work or costs. XXXX further agrees that it has carefully correlated personal observations with requirements of the Contract.
1.2.2 The Contract Documents and Modifications have been read and carefully considered by XXXX, who understands and agrees to their sufficiency for the Work. The Contract may not be more strongly construed against the City than against XXXX and Surety.
1.2.3 XXXX shall include all items necessary for proper execution and completion of the Work.
1.2.4 Reference to standard specifications, manuals, or codes of a technical society, organization, or association, or to laws or regulations of a governmental authority, whether specific or implied, mean the latest edition in effect as of date of written agreement as to the Guaranteed Maximum Price (GMP) for the portion of Work covered by that GMP, except as may be otherwise specifically stated in the Contract Documents.
1.2.5 No provision of any referenced standard, specification, or manual changes the duties and responsibilities of the City, Director, XXXX, or Design Consultant from those set forth in the Contract. Nor do these provisions assign to Design Consultant any duty or authority to supervise or direct performance of the Work or any duty or authority to undertake any actions contrary to provisions of the Contract.
1.2.6 Organization of Specifications into divisions, sections, and articles and arrangement of Drawings does not control XXXX in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.
1.2.7 Unless otherwise defined in the Contract, words which have well-known construction industry technical meanings are used in the Contract in accordance with these recognized meanings.
1.2.8 Where the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall mean the direction, requirement, permission, order, designation, or prescription of City Engineer unless explicitly stated otherwise. The words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to City Engineer, unless explicitly stated otherwise.
