Contract Documents and Order of Precedence. The term “
Contract Documents and Order of Precedence. The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
9. the Contractor’s Cost Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project.
Contract Documents and Order of Precedence. Contract Documents" means the complete Invitation To Bid (ITB) Number 45-0166 documents including its Instructions and Conditions, Attachments and Addendum/da, Specifications, Contractor’s Response to ITB # 45-0166, Bid Form Sheet, Pricing Sheet, Action Items as applicable, this Agreement and its Exhibits, Contract Schedules, including preliminary performance schedules, Purchase, Delivery and Installation, all written Notices to Proceed, Performance and Payment Bonds, Performance or Project Schedule, Change Orders, all written Notices of Completion, Definitions, and all other documents related to this Agreement of which together form the Contract between Hastings and Contractor and supersedes any previous agreements of understandings. The Contract Documents are only to be modified by a written change order agreed upon between Hastings and Contractor and duly signed by both parties. If there is a conflict between any of the documents, the Order of Precedence shall be the negotiated Terms and Conditions under this Agreement, Contractor’s Response to ITB # 45- 0166 and its Response to Action Items, and Contractor’s supporting documentation that were submitted to Hastings on or before the stipulated due date of the Bid process.
Contract Documents and Order of Precedence. This Contract, together with the enumerated Attachments (1-19) hereto (all of which are incorporated herein by this reference) shall comprise this Contract and shall together be referred to as the “Contract Documents.” Upon discovery, Seller or Purchaser shall promptly notify the other in writing of any conflicts, ambiguities, inconsistencies, errors, or omissions in, between or among any of Contract Documents or Applicable Legal Requirements and shall cooperate in effecting a resolution of the same that is consistent with the principles expressed in this Article 31. In the event of any inconsistencies between this Contract and the other Contract Documents, the following order of precedence in the interpretation hereof or resolution of such conflict hereunder shall prevail:
(i) duly authorized and executed Change Orders and written amendments to this Contract executed by both Parties;
(ii) this Contract;
(iii) the Attachments; and
(iv) Drawings produced and delivered pursuant to this Contract (in respect of which, precedence shall be given to Drawings of a larger scale over those of smaller, figured dimensions on the Drawings shall control over scaled dimensions, and noted materials shall control over undimensioned graphic indications). Where an irreconcilable conflict exists among Applicable Legal Requirements, this Contract, the Drawings and the specifications in the Materials, the earliest item mentioned in this sentence involving a conflict shall control over any later mentioned item or items subject to such conflict. Notwithstanding the foregoing terms of this Article 31, if a conflict exists within or between parts of the Contract Documents, or between the Contract Documents and Applicable Legal Requirements, the more stringent or higher quality requirements shall control. Where a conflict exists among Codes and Standards applicable to Seller’s performance of the Work, the most stringent provision of such Codes and Standards shall govern.
Contract Documents and Order of Precedence. Each of the exhibits listed below is incorporated by reference into this Contract. In the event of any inconsistency, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable Federal and Washington State statutes, rules, and regulations
B. This Contract
C. Exhibit A – Statement of Work
D. Exhibit B – General Terms and Conditions
E. Exhibit C – Contractor’s Proposal F. Exhibit D – RFP 23-11
Contract Documents and Order of Precedence. The contract documents consist of this Agreement and all exhibits, attachments, amendments, and SOWs subsequently executed by the Parties and all exhibits, attachments, amendments, and other documents made a part of the SOW (“Contract Documents”). Upon signature by the Parties, all SOWs executed during the Term shall be considered incorporated into and made a part of this Agreement.
Contract Documents and Order of Precedence. This section supersedes Section 3.01 of the UTC. The entire agreement between the Parties will consist of the following documents, which, in the event of any conflict or contradiction between or among these documents, will control in the following order of precedence (subject to Section 3.01 above):
A. The Contract for Services between Contractor and the State of Texas Department of Information Resources (DIR-SDD-1922), as amended and including all attachments thereto ("DIR Contract");
B. This document and any amendments thereto;
C. The Data Use Agreement executed by the Parties, a copy of which is attached hereto as Exhibit A ("DUA");
D. The UTC, as modified by the "Revisions to HHSC Uniform Contract Terms and Conditions 1.4.1)", all of which are attached hereto as Exhibit B;
E. The SOW, including all attachments and addenda as clarified and modified by vendor questions and HHSC’s response thereto, as well as HHSC's follow up questions and Contractor's answers thereto, all of which is attached hereto as Exhibit C;
F. Contractor's Cost Proposal, attached hereto as Exhibit D ("Cost Proposal");
G. The Proposal, including the finally agreed clarifications and modifications, all of which is attached as Exhibit E;
H. The Master Lease Agreement executed by Contractor and HHSC on behalf of all HHS Agencies attached hereto as Exhibit F ("Master Lease Agreement"); and
I. The Lease Schedules executed by Contractor and each HHS Agency under the Master Lease Agreements in the form attached as Exhibit G ("Lease Schedules"). All of the foregoing documents are incorporated into the Agreement by reference.
Contract Documents and Order of Precedence. The Contract Documents which comprise the entire Agreement between DSHS and the Grantee are (in order of precedence in the event of conflicts):
1. Signature Document for the Zoonosis Control Program Animal Friendly Grant
2. Attachment A – Statement of Work 3. Attachment B – Budget
4. Attachment C – Uniform Terms and Conditions
5. The DSHS RFA No HHS0009329, incorporated herein by reference.
6. The Grantee’s Original Grant Application, and any supplemental documentation submitted by the Grantee in support of the Application or grant award, incorporated herein by reference.
7. Attachment D – Quarterly Performance Measure Report Template 8. Attachment E – Client Information Page 9. Attachment F – Contract Affirmations A listed document includes all amendments to the document.
Contract Documents and Order of Precedence. 1.3.1 The Contract Documents consist of: (a) this Contract, including the Appendices and Exhibits set forth below, which are attached hereto or shall be deemed attached hereto and made a part hereof by this reference; and (b) Final Plans and Specifications to be developed in accordance with the terms of this Contract.
Contract Documents and Order of Precedence. Contract Documents" means the complete Invitation To Bid (ITB) Number 45-0166 documents including its Instructions and Conditions, Attachments and Addendum/da, Specifications, Contractor’s Response to , Bid Form Sheet, Pricing Sheet, Action Items as applicable, this Agreement and its Exhibits, Contract Schedules, including preliminary performance schedules, Purchase, Delivery and Installation, all written Notices to Proceed, Performance and Payment Bonds, Performance or Project Schedule, Change Orders, all written Notices of Completion, Definitions, and all other documents related to this Agreement of which together form the Contract between Hastings and Contractor and supersedes any previous agreements of understandings. The Contract Documents are only to be modified by a written change order agreed upon between Hastings and Contractor and duly signed by both parties. If there is a conflict between any of the documents, the Order of Precedence shall be the negotiated Terms and Conditions under this Agreement, Contractor’s Response to and its Response to Action Items, and Contractor’s supporting documentation that were submitted to Hastings on or before the stipulated due date of the Bid process.
