Common use of EXECUTION, CORRELATION AND INTENT Clause in Contracts

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 unless it is specifically indicated in the Contract Documents that such Work is to be performed by others. In the event of any conflict(s) among the Contract Documents, the Design-Builder will present conflict for resolution to the Owner. 1.2.7 All indications or notations which apply to one of a number of similar situations, materials or processes will be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. 1.2.8 Where codes, standards, requirements and publications of public and private bodies are referred to in Division 01 - General Requirements and the Specifications, except to the extent otherwise expressly noted in the Contract Documents, references will be understood to be the latest edition, including all amendments thereto, in effect on the date applicable permits were issued by appropriate governmental authorities having jurisdiction or the date this Contract was executed, whichever is later. 1.2.9 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of suitable quality for the intended use and consistent with the quality of the surrounding Work. 1.2.10 All manufactured articles, materials and equipment will be applied, installed, connected, erected, started-up, tested, cleaned and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents. 1.2.11 The mechanical, electrical and fire protection work will be installed, without additional cost to the Owner, to clear all obstructions, permit proper clearances for the Work of other trades and present an orderly appearance where exposed. Prior to beginning such Work, the Design-Builder will prepare coordination Drawings and complete detailed layout Drawings showing the exact alignment, physical location and configuration of the mechanical, electrical and fire protection installations and demonstrating to the Owner’s satisfaction that the installations will comply with the preceding sentence. Design-Builder will comply with this requirement with BIM. Coordination Drawings and complete detailed layout Drawings will be submitted to the Owner for Owner’s review and acceptance prior to the commencement of the Work. 1.2.12 Where the Work is to fit with existing conditions or construction to be performed by others, the Design-Builder will fully and completely join the Work with such conditions or construction, unless otherwise specified. Any existing condition disturbed in whole or in part by Design-Builder’s Work will be restored to the Owner’s satisfaction at the Design-Builder’s expense and is not included in the Contract Sum. 1.2.13 The Design-Builder is responsible for dimensions to be confirmed and correlated at the Project site, for information processes, for techniques of construction, and for coordination of the Work of all trades. 1.2.14 Press releases or other specialized publicity documents, including the Design- Builder’s and subcontractor’s advertising and news bulletins, which are related to this Contract and are intended by the Design-Builder and subcontractors for the press, broadcasting, or television, will be drawn up in consultation with the Owner. Except as otherwise required by law or regulation, the Design-Builder and subcontractors will not release or distribute any materials or information relating to this Contract or containing the name of the Owner or any of its employees without prior written approval by Assistant Vice President of Planning and Development. This requirement must be included in all subcontractor agreements entered into under this Project. 1.2.15 During the duration of the Project, other construction and/or design-build projects will be underway at Tampa International Airport. It will be the responsibility of the Design-Builder to coordinate its Work with these other projects. Any problems with such coordination will be brought to the attention of the Owner who will direct the affected parties accordingly. 1.2.16 The Design-Builder will conduct all Work in this Contract in accordance with the Owner’s Policy P150, Code of Ethics and Ethics Program.

Appears in 1 contract

Samples: Design Build Services Contract

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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. Performance by the Design-Builder will 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 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 account (i) the nature, location and character of the Project Site, including but not limited to, the surface and subsurface (by review of available reports and information) condition of the land and all structures and obstructions thereon, both natural and man-made, and all surface and subsurface (to the extent reasonably identified by review of available reports and information) 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 climatelocated; 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 unless it is specifically indicated in the Contract Documents that such Work is to be performed by others. In the event of any conflict(s) among the Contract Documents, the Design-Builder will present conflict for resolution to the Owner. 1.2.7 All indications or notations which apply to one of a number of similar situations, materials or processes will be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. 1.2.8 Where codes, standards, requirements and publications of public and private bodies are referred to in Division 01 - General Requirements and the Specifications, except to the extent otherwise expressly noted in the Contract Documents, references will be understood to be the latest edition, including all amendments thereto, in effect on the date applicable permits were issued by appropriate governmental authorities having jurisdiction or the date this Contract was executed, whichever is later. 1.2.9 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of suitable quality for the intended use and consistent with the quality of the surrounding Work. 1.2.10 All manufactured articles, materials and equipment will be applied, installed, connected, erected, started-up, tested, cleaned and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents. 1.2.11 The mechanical, electrical and fire protection work will be installed, without additional cost to the Owner, to clear all obstructions, permit proper clearances for the Work of other trades and present an orderly appearance where exposed. Prior to beginning such Work, the Design-Builder will prepare coordination Drawings and complete detailed layout Drawings showing the exact alignment, physical location and configuration of the mechanical, electrical and fire protection installations and demonstrating to the Owner’s satisfaction that the installations will comply with the preceding sentence. Design-Builder will may comply with this requirement with BIM. Coordination Drawings and complete detailed layout Drawings will be submitted to the Owner for Owner’s review and acceptance prior to the commencement of the Work. 1.2.12 Where the Work is to fit with existing conditions or construction to be performed by others, the Design-Builder will fully and completely join the Work with such conditions or construction, unless otherwise specified. Any existing condition disturbed in whole or in part by Design-Builder’s Work will be restored to the Owner’s satisfaction at the Design-Builder’s expense and is not included in the Contract Sum. 1.2.13 The Design-Builder is responsible for dimensions to be confirmed and correlated at the Project site, for information processes, for techniques of construction, and for coordination of the Work of all trades. 1.2.14 Press releases or other specialized publicity documents, including the Design- Design-Builder’s and subcontractor’s advertising and news bulletins, which are related to this Contract and are intended by the Design-Builder and subcontractors for the press, broadcasting, or television, will be drawn up in consultation with the Owner. Except as otherwise required by law or regulation, the Design-Builder and subcontractors will not release or distribute any materials or information relating to this Contract or containing the name of the Owner or any of its employees without prior written approval by Assistant Vice President of Planning and Development. This requirement must be included in all subcontractor and consultant agreements of any tier entered into under this Project. 1.2.15 During the duration of the Project, other construction and/or design-build projects will be underway at Tampa International Airport. It will be the responsibility of the Design-Builder to coordinate its Work with these other projects. Any problems with such coordination will be brought to the attention of the Owner who will direct the affected parties accordingly. 1.2.16 The Design-Builder will conduct all Work in this Contract in accordance with the Owner’s Policy P150, Code of Ethics and Ethics Program.

Appears in 1 contract

Samples: Design Build Contract

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 unless it is specifically indicated in the Contract Documents that such Work is to be performed by others. In the event of any conflict(s) among the Contract Documents, the Design-Builder will present conflict for resolution to the Owner. 1.2.7 All indications or notations which apply to one of a number of similar situations, materials or processes will be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. 1.2.8 Where codes, standards, requirements and publications of public and private bodies are referred to in Division 01 - General Requirements and the Specifications, except to the extent otherwise expressly noted in the Contract Documents, references will be understood to be the latest edition, including all amendments thereto, in effect on the date applicable permits were issued by appropriate governmental authorities having jurisdiction or the date this Contract was executed, whichever is later. 1.2.9 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of suitable quality for the intended use and consistent with the quality of the surrounding Work. 1.2.10 All manufactured articles, materials and equipment will be applied, installed, connected, erected, started-up, tested, cleaned and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents. 1.2.11 The mechanical, electrical and fire protection work will be installed, without additional cost to the Owner, to clear all obstructions, permit proper clearances for the Work of other trades and present an orderly appearance where exposed. Prior to beginning such Work, the Design-Builder will prepare coordination Drawings and complete detailed layout Drawings showing the exact alignment, physical location and configuration of the mechanical, electrical and fire protection installations and demonstrating to the Owner’s satisfaction that the installations will comply with the preceding sentence. Design-Builder will comply with this requirement with BIM. Coordination Drawings and complete detailed layout Drawings will be submitted to the Owner for Owner’s review and acceptance prior to the commencement of the Work. 1.2.12 Where the Work is to fit with existing conditions or construction to be performed by others, the Design-Builder will fully and completely join the Work with such conditions or construction, unless otherwise specified. Any existing condition disturbed in whole or in part by Design-Builder’s Work will be restored to the Owner’s satisfaction at the Design-Builder’s expense and is not included in the Contract Sum. 1.2.13 The Design-Builder is responsible for dimensions to be confirmed and correlated at the Project site, for information processes, for techniques of construction, and for coordination of the Work of all trades. 1.2.14 Press releases or other specialized publicity documents, including the Design- Builder’s and subcontractor’s advertising and news bulletins, which are related to this Contract and are intended by the Design-Builder and subcontractors for the press, broadcasting, or television, will be drawn up in consultation with the Owner. Except as otherwise required by law or regulation, the Design-Builder and subcontractors will not release or distribute any materials or information relating to this Contract or containing the name of the Owner or any of its employees without prior written approval by Assistant Vice President of Planning and Development. This requirement must be included in all subcontractor agreements entered into under this Project. 1.2.15 During the duration of the Project, other construction and/or design-build projects will be underway at Tampa International Airport. It will be the responsibility of the Design-Builder to coordinate its Work with these other projects. Any problems with such coordination will be brought to the attention of the Owner who will direct the affected parties accordingly. 1.2.16 The Design-Builder will conduct all Work in this Contract in accordance with the Owner’s Policy P150, Code of Ethics and Ethics Program.and

Appears in 1 contract

Samples: Contract for Design Build Services

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EXECUTION, CORRELATION AND INTENT. 1.2.1 It is the intent of The Contract Documents shall be signed by the Owner and Design-Builder 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.] Execution of the Contract by the Contractor is a representation that said Contract Documents [are full and complete,] are sufficient to have enabled the Contractor to determine the cost of the Work therein to enter into the Contract, and that the Contract Documents include are sufficient to enable it to contract the Work outlined therein, and otherwise to fulfill all items necessary its obligations hereunder, including, but not limited to, contractor's obligation to construct the Work for proper execution and completion an amount not in excess of the WorkContract Sum on or before the date(s) of Substantial Completion established in the Agreement. The Contract Documents are complementary Contractor further acknowledges and what declares that it has visited and examined the site, examined all physical, legal, and other conditions affecting the Work and 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 fully familiar 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 all of the terms or conditions of this Contract will be valid unless reduced thereon and thereunder affecting the same. In connection therewith, Contractor specifically represents and warrants 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) it has, by careful examination, satisfied itself as to and has taken into accountto: (i1) the The nature, location location, and character of the Project Siteand the site, including but not limited toincluding, without limitation, the surface [and subsurface condition subsurface] conditions of the land site and all structures and obstructions thereonthereon [and thereunder], both natural and man-made, and all surface [and subsurface subsurface] water conditions of the project site and the surrounding area; (ii2) the nature, location location, and character of the general area in which the Project sites are located includedis located, but not limited to, weather and climate; and (iii) all other matters or things which, Language indicated as being shown by strike out in the reasonable judgment of the Design-Builder, could typeset document is enclosed in any manner affect the performance of the Work. 1.2.6 All Work mentioned or indicated brackets "[" and "]" in the Contract Documents will be performed by the Design-Builder as part of this Contract unless it is specifically indicated in the Contract Documents that such Work is to be performed by others. In the event of any conflict(s) among the Contract Documents, the Design-Builder will present conflict for resolution to the Ownerelectronic format. 1.2.7 All indications or notations which apply to one of a number of similar situations, materials or processes will be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a contrary result is clearly indicated by the Contract Documents. 1.2.8 Where codes, standards, requirements and publications of public and private bodies are referred to in Division 01 - General Requirements and the Specifications, except to the extent otherwise expressly noted in the Contract Documents, references will be understood to be the latest edition, including all amendments thereto, in effect on the date applicable permits were issued by appropriate governmental authorities having jurisdiction or the date this Contract was executed, whichever is later. 1.2.9 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of suitable quality for the intended use and consistent with the quality of the surrounding Work. 1.2.10 All manufactured articles, materials and equipment will be applied, installed, connected, erected, started-up, tested, cleaned and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents. 1.2.11 The mechanical, electrical and fire protection work will be installed, without additional cost to the Owner, to clear all obstructions, permit proper clearances for the Work of other trades and present an orderly appearance where exposed. Prior to beginning such Work, the Design-Builder will prepare coordination Drawings and complete detailed layout Drawings showing the exact alignment, physical location and configuration of the mechanical, electrical and fire protection installations and demonstrating to the Owner’s satisfaction that the installations will comply with the preceding sentence. Design-Builder will comply with this requirement with BIM. Coordination Drawings and complete detailed layout Drawings will be submitted to the Owner for Owner’s review and acceptance prior to the commencement of the Work. 1.2.12 Where the Work is to fit with existing conditions or construction to be performed by others, the Design-Builder will fully and completely join the Work with such conditions or construction, unless otherwise specified. Any existing condition disturbed in whole or in part by Design-Builder’s Work will be restored to the Owner’s satisfaction at the Design-Builder’s expense and is not included in the Contract Sum. 1.2.13 The Design-Builder is responsible for dimensions to be confirmed and correlated at the Project site, for information processes, for techniques of construction, and for coordination of the Work of all trades. 1.2.14 Press releases or other specialized publicity documents, including the Design- Builder’s and subcontractor’s advertising and news bulletins, which are related to this Contract and are intended by the Design-Builder and subcontractors for the press, broadcasting, or television, will be drawn up in consultation with the Owner. Except as otherwise required by law or regulation, the Design-Builder and subcontractors will not release or distribute any materials or information relating to this Contract or containing the name of the Owner or any of its employees without prior written approval by Assistant Vice President of Planning and Development. This requirement must be included in all subcontractor agreements entered into under this Project. 1.2.15 During the duration of the Project, other construction and/or design-build projects will be underway at Tampa International Airport. It will be the responsibility of the Design-Builder to coordinate its Work with these other projects. Any problems with such coordination will be brought to the attention of the Owner who will direct the affected parties accordingly. 1.2.16 The Design-Builder will conduct all Work in this Contract in accordance with the Owner’s Policy P150, Code of Ethics and Ethics Program.

Appears in 1 contract

Samples: Construction Contract (Symantec Corp)

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