Contract for Construction. The “Contract Documents” consist of: (a) this Agreement and all exhibits hereto; (b) proposal(s) submitted by Construction Manager and accepted by Owner in writing; (c) the plans, drawings and specifications for the Work (“Construction Documents”); (d) any amendments or addenda executed by Owner and Construction Manager hereafter; (e) Owner approved Change Orders; and (f) (i) “UCF Design, Construction, and Renovation Standards”, (ii) “UCF Professional Services Guide”, (iii) “UCF IT Telecommunication Design Standards”; (iv) “UCF Green Building Construction and Renovation Requirements”; and (v) “UCF Office of Institutional Resources Standards” (items (f)(i)-(v) as appearing on Owner’s website at ▇▇.▇▇▇.▇▇▇); (g) all other standards of Owner in effect at the time of the performance of the Work (the standards described in the foregoing clauses (a) through (g) being, collectively, “Owner Standards”); (h) “UCF Building Energy Systems Commissioning Procedure”; and (i) all other policies applicable to this Agreement in effect at the time of issuance of a project specific Purchase Order, as set forth at ▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇. Upon Owner’s acceptance of Construction Manager’s GMP (hereinafter defined) proposal, the Contract for Construction shall also include the GMP Amendment (hereinafter defined) and all exhibits and attachments thereto. The above-described Contract Documents form the “Contract for Construction” or “Contract”, which Contract represents the entire and integrated agreement between Owner and Construction Manager, and supersedes all prior negotiations, representations or agreements, either written or oral, for the Project, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Contract for Construction. Documents not included or expressly contemplated in this Section 1.5 do not, and shall not, form any part of the Contract for Construction. To the extent Owner’s standards are stricter than applicable legal requirements; such Owner’s standards shall be met unless Construction Manager obtains Owner’s written consent to a deviation, which consent may be granted or withheld in Owner’s sole and absolute discretion. 1.5.1 It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for in the Contract Documents. If the Contract Documents include words or terms that have a generally accepted technical or industry meaning, then such words or terms shall be interpreted to have such standard meaning unless otherwise expressly noted in the Contract Documents. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Construction Documents are permitted, except as may be otherwise specifically stated in the Contract Documents. 1.5.2 If during the performance of the Work, Construction Manager discovers a conflict, error or discrepancy in the Contract Documents, Construction Manager immediately shall report same to Professional and Owner in writing, and before proceeding with the Work affected thereby, shall obtain a written interpretation or clarification from Professional. Prior to commencing each portion of the Work, Construction Manager shall first take all necessary field measurements and verify the applicable field conditions. After taking such measurements and verifying such conditions, Construction Manager shall carefully compare such measurements and conditions with the requirements of the Contract Documents, taking into consideration all other relevant information known to Construction Manager, for the purpose of identifying and bringing to Owner’s attention all conflicts or discrepancies with the Contract Documents. 1.5.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Construction Manager shall be required to immediately notify Professional and Owner and, absent contrary instruction from Owner, comply with the provision which is the more restrictive or stringent requirement upon Construction Manager, as determined by Owner. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 1.5.4 In the event of conflicts or discrepancies among the Contract Documents, Construction Manager shall proceed with the Work that is unaffected by the conflict or discrepancy and interpretations of the conflict will be based upon the following Contract Documents, which are set forth and ranked in order of precedence: 1.5.4.1 ▇▇▇▇ executed amendments and Change Orders, with those of a later date having precedence over those of an earlier date; 1.5.4.2 The Agreement, not including the Exhibits, which are addressed above and below; 1.5.4.3 The Exhibits to the Agreement; and 1.5.4.4 All other Contract Documents, if any. 1.5.5 The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than Owner and Construction Manager, with the exception of Owner’s third-party beneficiary rights under Construction Manager’s agreements with its subcontractors and suppliers. 1.5.6 Professional shall furnish Construction Manager with one (1) sealed copy and one (1) electronic set of the Construction Documents. Any additional copies of Construction Documents, required by Construction Manager for execution of the Work, shall be made by Construction Manager from its electronic set at Construction Manager’s sole cost and expense. Professional is furnishing Construction Manager an electronic set of Construction Documents for Construction Manager’s convenience and such furnishing by Professional shall not be deemed to be a waiver by Owner or Professional of any copyright, patent or license they may have with respect to the Construction Documents. All such copyrights, patents and licenses hereby being expressly reserved by Owner and Professional.
Appears in 1 contract
Sources: Construction Management Agreement
Contract for Construction. The “Contract Documents” consist of: (a) this Agreement and all exhibits hereto; (b) proposal(s) bid submitted by Construction Manager Contractor and accepted by Owner in writing; (c) the plans, drawings and specifications for the Work (“Construction Documents”); (d) any amendments or addenda executed by Owner and Construction Manager Contractor hereafter; (e) Owner approved Change OrdersOrders (hereinafter defined); and (f) (i) “UCF Design, Construction, and Renovation Standards”, (ii) “UCF Design and Professional Services Guide”, (iii) “UCF IT Telecommunication Design Standards”; (iv) “UCF Green Building Construction and Renovation Requirements”; and (v) “UCF Office of Institutional Resources Standards” (items (f)(i)-(vf)(i)-(iii) as appearing on Owner’s website at ▇▇▇.▇▇.▇▇▇.▇▇▇) and (iv) “UCF Building Energy Systems Commissioning Procedure” (as appearing on Owner’s website at ▇▇▇.▇▇▇▇▇▇.▇▇▇.▇▇▇); (g) all other standards of Owner in effect at the time of the performance of the Work (the standards described in the foregoing clauses (a) through (g) being, collectively, “Owner Standards”); and (h) “UCF Building Energy Systems Commissioning Procedure”; and (i) all other Owner’s policies applicable to this Agreement in effect at the time of issuance of a project specific Purchase OrderOrder is issued to Contractor, as set forth at www. ▇▇.▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇. Upon Owner’s acceptance of Construction Manager’s GMP (hereinafter defined) proposal, the Contract for Construction shall also include the GMP Amendment (hereinafter defined) and all exhibits and attachments thereto. The above-described Contract Documents form the “Contract for Construction” or “Contract”, which Contract represents the entire and integrated agreement between Owner and Construction ManagerContractor, and supersedes all prior negotiations, representations or agreements, either written or oral, for the Project, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and all negotiations, acts, work performed, or payments made prior to the execution hereof with respect to the Project shall be deemed merged in, integrated and superseded by the Contract for Construction. Documents not included or expressly contemplated in this Section 1.5 1.1 do not, and shall not, form any part of the Contract for Construction. To the extent Owner’s standards are stricter than applicable legal requirements; such Owner’s standards shall be met unless Construction Manager obtains Owner’s written consent to a deviation, which consent may be granted or withheld in Owner’s sole and absolute discretion.
1.5.1 It is the intent of the Contract Documents to describe a functionally complete project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for in the Contract Documents. If the Contract Documents include words or terms that have a generally accepted technical or industry meaning, then such words or terms shall be interpreted to have such standard meaning unless otherwise expressly noted in the Contract Documents. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Construction Documents are permitted, except as may be otherwise specifically stated in the Contract Documents.
1.5.2 If during the performance of the Work, Construction Manager discovers a conflict, error or discrepancy in the Contract Documents, Construction Manager immediately shall report same to Professional and Owner in writing, and before proceeding with the Work affected thereby, shall obtain a written interpretation or clarification from Professional. Prior to commencing each portion of the Work, Construction Manager shall first take all necessary field measurements and verify the applicable field conditions. After taking such measurements and verifying such conditions, Construction Manager shall carefully compare such measurements and conditions with the requirements of the Contract Documents, taking into consideration all other relevant information known to Construction Manager, for the purpose of identifying and bringing to Owner’s attention all conflicts or discrepancies with the Contract Documents.
1.5.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Construction Manager shall be required to immediately notify Professional and Owner and, absent contrary instruction from Owner, comply with the provision which is the more restrictive or stringent requirement upon Construction Manager, as determined by Owner. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents.
1.5.4 In the event of conflicts or discrepancies among the Contract Documents, Construction Manager shall proceed with the Work that is unaffected by the conflict or discrepancy and interpretations of the conflict will be based upon the following Contract Documents, which are set forth and ranked in order of precedence:
1.5.4.1 ▇▇▇▇ executed amendments and Change Orders, with those of a later date having precedence over those of an earlier date;
1.5.4.2 The Agreement, not including the Exhibits, which are addressed above and below;
1.5.4.3 The Exhibits to the Agreement; and
1.5.4.4 All other Contract Documents, if any.
1.5.5 The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than Owner and Construction Manager, with the exception of Owner’s third-party beneficiary rights under Construction Manager’s agreements with its subcontractors and suppliers.
1.5.6 Professional shall furnish Construction Manager with one (1) sealed copy and one
(1) electronic set of the Construction Documents. Any additional copies of Construction Documents, required by Construction Manager for execution of the Work, shall be made by Construction Manager from its electronic set at Construction Manager’s sole cost and expense. Professional is furnishing Construction Manager an electronic set of Construction Documents for Construction Manager’s convenience and such furnishing by Professional shall not be deemed to be a waiver by Owner or Professional of any copyright, patent or license they may have with respect to the Construction Documents. All such copyrights, patents and licenses hereby being expressly reserved by Owner and Professional.Construction.
Appears in 1 contract
Sources: Construction Agreement