General Terms and Conditions
ARTICLE 5 ~- GENERAL PROVISIONS
1.
The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, representations or agreements, either written or oral. The Contract may be
amended or modified only by a written modification.
The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the CONTRACTOR to fulfill
the CONTRACTOR’ obligations.
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.
In the case of a discrepancy, calculated dimensions will govern over scaled dimensions, Contract
Drawings will govern over Standard Specifications, and Technical. Specifications will govern over
both Contract Drawings and Standard Specifications. In the case of a discrepancy between the
Agreement and other Contract Documents, the more-specific or stringent obligation or requirement
to the benefit of the OWNER shall take precedence.
The CONTRACTOR shall take no advantage of any apparent error or omission in the Contract
Drawings or Technical Specifications, and the Engineer will be permitted to make such corrections
and interpretations as may be deemed necessary to fulfill the intent of the Contract Documents.
ARTICLE 6 —- OWNER
1,
Except for permits and fees, which are the responsibility of the CONTRACTOR under the Contract
Documents, the OWNER shall obtain: and pay for other necessary approvals, easements,
assessments and charges.
If the CONTRACTOR fails to correct Work that is not in accordance with the Contract Documents,
the OWNER may direct the CONTRACTOR in writing to stop the Work until the correction is
made.
If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven. day period after receipt of written notice from the OWNER to
correct such default or neglect with diligence and promptness, the OWNER may, without prejudice
to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting
the cost of correction from payments due the CONTRACTOR.
The OWNER reserves. the right to perform construction or operations related to the project with the
OWNER’s own forces, and to award separate contracts in connection with other portions of the
project.
The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs employed by
the OWNER.
Costs caused by delays or by improperly timed activities or defective construction shall be borne by
the responsible party.
ARTICLE 7— CONTRACTOR
i,
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.
The CONTRACTOR shall carefully study and compare the Contract Documents with each other
and with information furnished by the OWNER. Before commencing activities, the
CONTRACTOR shall: (1) take field measurements and verify field conditions; (2) carefully
compare this and other information known to the CONTRACTOR with the Contract Documents;
and (3) promptly report errors, inconsistencies or omissions discovered to the OWNER.
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