Common use of EXECUTION, CORRELATION AND INTENT Clause in Contracts

EXECUTION, CORRELATION AND INTENT. ‌ 1.2.1 Contractor shall furnish all Work required for the construction and administration of the Project as set forth in the Contract Documents or as reasonably inferable from the Drawings and Specifications to produce a completed, fully operational, and functional Project suitable for Owner’s intended purposes. Contractor shall be responsible for performing and coordinating the total construction of the Project, including the coordination of all labor, materials, facilities, utilities, equipment, insurance, taxes and all other items necessary for the proper execution and completion of the Work within the Key Completion Times for the Contract Price. Lists of “Work Included,” “Scope” or “Description of Work” are not intended to enumerate each and every item of Work or appurtenances required. Words which have well-known technical or trade meanings are used herein in accordance with such recognized meanings. 1.2.2 Contractor represents that (i) it is financially solvent; (ii) it is qualified to conduct business in the State of Michigan; (iii) it has all required licenses and permits necessary in connection with performance by Contractor hereunder (all such licenses and permits shall be at Contractor’s sole cost and expense); (iv) it has the expertise and authority to perform its obligations under the Contract Documents; (v) it has inspected the Project and the Work and familiarized itself with the local conditions (including, both all physical conditions and all local codes, laws and applicable regulations) under which the Work is to be performed; (vi) it is familiar with all applicable federal, state, and local laws, ordinances and regulations which may, in any way, affect the Project and the Work or those employed therein; and (vii) the Contract Price is the agreed amount for all the Work, including all risks, hazards, and difficulties in connection therewith assumed by Contractor under the Contract Documents. Contractor shall ensure that the foregoing representations are included in any Subcontract. 1.2.3 Where codes, standards, requirements and publications of public and private bodies are referred to in the Specifications, references shall be understood to be to the latest revision prior to the date of execution of the Agreement, except where otherwise indicated. 1.2.4 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is to be of new, high quality for the intended use and workmanship shall be consistent with the best practices of that particular trade, skill and function. 1.2.5 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated in the Contract Documents.

EXECUTION, CORRELATION AND INTENT. ‌ §1.2.1 The Contract Documents shall be signed by the Owner and Contractor shall furnish as provided in the Agreement. If either the Owner or Contractor or both do not sign all Work required for the construction and administration of the Contract Documents, the Consultant 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 Project as set forth in site or, if the Project site has not yet been constructed, has reviewed the documents pertaining thereto, has 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 Contractor represents to Owner that Contractor has investigated the Project site and has fully reviewed all of the Contract Documents or as reasonably inferable from and that based on such investigation and review, Contractor has determined that it can complete the Drawings and Specifications to produce a completed, fully operational, and functional Project suitable Work for Owner’s intended purposesthe Contract Sum within the Contract Time. The Contractor shall be responsible for performing and coordinating further represents that it has made its own determination regarding the total construction suitability of the Projectsite for the Work to be performed by the Contractor under the Contract Documents and that it accepts the site in its existing “AS IS,” “WHERE IS” condition and “WITH ANY AND ALL FAULTS,” without representation or warranty by Owner of any kind, including express or implied, as to the coordination of site’s suitability, compliance with applicable laws or fitness for any particular purpose. §1.2.3 It is intended that the Contract Documents shall include all labor, materials, facilities, utilities, equipment, insurance, taxes and all other items necessary for the proper execution and completion of the Work within by the Key Completion Times for Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. In the event of a conflict or inconsistency in or among the Contract Price. Lists Documents, or between the Contract Documents and any applicable laws, statutes, ordinances or regulations or codes in effect at the time the Contract Sum is bid or negotiated, the provision most favorable to the Owner shall control. §1.2.4 Organization of “the Specification into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work Included,” “Scope” among Subcontractors or “Description of Work” are not intended to enumerate each and every item in establishing the extent of Work to be performed by any trade. The Contractor and all Subcontractors shall refer to all Contract Documents, including those not specifically showing the Work of their specialized trades, and shall perform all Work necessary to produce the results shown or appurtenances required. Words reasonably inferable therefrom. §1.2.5 Unless otherwise stated in the Contract Documents, words which have well-well- known technical or trade meanings are used herein in the Contract Documents in accordance with such recognized meanings. 1.2.2 Contractor represents that (i) it §1.2.6 When more than one material, brand or process is financially solvent; (ii) it is qualified to conduct business in specified for a particular item of work accompanied by the State of Michigan; (iii) it has all required licenses and permits necessary in connection with performance by Contractor hereunder (all such licenses and permits words “Alternate,” a separate bid shall be at Contractor’s sole cost and expense); given for such item. The choice shall be the Owner’s. The Contract Sum shall be appropriately modified according to the Alternate accepted. §1.2.7 Where a specific standard (ivi.e. ASTM, ACI, FS, NEMA) it has the expertise and authority to perform its obligations under appears in the Contract Documents; (v) it has inspected , the Project and the Work and familiarized itself with the local conditions (including, both all physical conditions and all local codes, laws and latest most current edition of such standard shall be applicable regulations) under which the Work is to be performed; (vi) it is familiar with all applicable federal, state, and local laws, ordinances and regulations which may, in any way, affect the Project and the Work or those employed therein; and (vii) the Contract Price is the agreed amount for all the Work, including all risks, hazards, and difficulties in connection therewith assumed by Contractor under the Contract Documents. Contractor shall ensure that the foregoing representations are included in any Subcontractunless otherwise noted. 1.2.3 Where codes, standards, requirements and publications of public and private bodies are referred to in the Specifications, references shall be understood to be to the latest revision prior to the date of execution of the Agreement, except where otherwise indicated. 1.2.4 Where §1.2.8 Work for which no explicit quality or standards for of materials or and/or workmanship are established for Work, such Work is to defined in the Contract Documents shall be of new, high good quality for the intended use use, and workmanship shall be consistent with the best practices quality of that particular trade, skill the surrounding Work and functionof the construction of the Project generally. 1.2.5 §1.2.9 All manufactured articles, materials, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer’s manufacturers’ written or printed directions and instructions instructions, unless specifically indicated otherwise indicated in the Contract Documents. §1.2.10 The Drawings are generally made to scale, but all working dimensions shall be taken from the figured dimensions, or by actual measurements taken at the job, and not by scaling the Drawings. Whether or not an error is believed to exist, deviation from the Drawings and the dimensions given thereon shall be made only after approval in writing from the Consultant and Owner. §1.2.11 Where the Work is to fit with existing conditions or work to be performed by others, the Contractor shall fully and completely join the Work with such conditions or work, unless otherwise specified.

EXECUTION, CORRELATION AND INTENT. ‌ 1.2.1 The Contract Documents shall be signed by the Owner and Contractor shall furnish all Work required for the construction and administration of the Project as set forth provided in the Contract Documents Agreement. If either the Owner or as reasonably inferable from the Drawings and Specifications to produce a completed, fully operational, and functional Project suitable for Owner’s intended purposes. Contractor shall be responsible for performing and coordinating the total construction of the Project, including the coordination of or both do not sign all labor, materials, facilities, utilities, equipment, insurance, taxes and all other items necessary for the proper execution and completion of the Work within the Key Completion Times for the Contract Price. Lists of “Work Included,” “Scope” or “Description of Work” are not intended to enumerate each and every item of Work or appurtenances required. Words which have well-known technical or trade meanings are used herein in accordance with Documents, the Architect shall identify such recognized meaningsunsigned Documents upon request. 1.2.2 Contractor represents that (i) it is financially solvent; (ii) it is qualified to conduct business in the State [Execution of Michigan; (iii) it has all required licenses and permits necessary in connection with performance by Contractor hereunder (all such licenses and permits shall be at Contractor’s sole cost and expense); (iv) it has the expertise and authority to perform its obligations under the Contract Documents; (v) it by the Contractor is a representation that the Contractor has inspected visited the Project and the Work and familiarized itself site, become familiar with the local conditions (including, both all physical conditions and all local codes, laws and applicable regulations) under which the Work is to be performed; (viperformed 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 are sufficient to enable it to contract the Work outlined therein, and otherwise to fulfill all its obligations hereunder, including, but not limited to, contractor's obligation to construct the Work for an amount not in excess of the Contract Sum on or before the date(s) of Substantial Completion established in the Agreement. The Contractor further acknowledges and declares that it has visited and examined the site, examined all physical, legal, and other conditions affecting the Work and is fully familiar with all applicable federalof the conditions thereon and thereunder affecting the same. In connection therewith, stateContractor specifically represents and warrants to Owner that it has, by careful examination, satisfied itself as to: (1) The nature, location, and local laws, ordinances and regulations which may, in any way, affect character of the Project and the Work or those employed thereinsite, including, without limitation, the surface [and subsurface] conditions of the site and all structures and obstructions thereon [and thereunder], both natural and man-made, and all surface [and subsurface] water conditions of the site and the surrounding area; and (vii2) the Contract Price is the agreed amount for all the Worknature, including all risks, hazardslocation, and difficulties character of the general area in connection therewith assumed which the Project is located, Language indicated as being shown by Contractor under the Contract Documents. Contractor shall ensure that the foregoing representations are included in any Subcontract. 1.2.3 Where codes, standards, requirements and publications of public and private bodies are referred to strike out in the Specifications, references shall be understood to be to the latest revision prior to the date of execution of the Agreement, except where otherwise indicated. 1.2.4 Where no explicit quality or standards for materials or workmanship are established for Work, such Work typeset document is to be of new, high quality for the intended use enclosed in brackets "[" and workmanship shall be consistent with the best practices of that particular trade, skill and function. 1.2.5 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the manufacturer’s written or printed directions and instructions unless otherwise indicated "]" in the Contract Documentselectronic format.