Contractor’s Proposal. To the extent that the terms and conditions of the Contract Documents are in conflict, the terms and conditions shall be interpreted in the above-referenced order from (i) to (iii). However, the Parties also agree that where there is not a conflict between any of the terms and conditions contained in the above-referenced Contract Documents, all of the Contract Documents shall be binding upon both Parties.
Contractor’s Proposal. The Scope of Service shall include the Contractor’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
Contractor’s Proposal. Notwithstanding anything to the contrary herein, the State and Purchasing Entities shall not be subject to any provision incorporated in any Exhibit or Attachment attached hereto, any provision incorporated in any terms and conditions appearing on Contractor’s or Subcontractor’s website, any provision incorporated into any click-through or online agreements, or any provision incorporated into any other document or agreement between the Parties that (i) requires the State to indemnify or hold harmless Contractor or any other party, (ii) is in violation of State laws, regulations, rules, fiscal rules, policies, or other State requirements as deemed solely by the State, or (iii) is contrary to any of the provisions incorporated into §22 or the main body of this Contract.
Contractor’s Proposal. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
Contractor’s Proposal. Contractor's Proposal dated October 17, 2022 is incorporated herein by this reference.
Contractor’s Proposal to the RFP; and
Contractor’s Proposal. Within each of the above documents, detailed information takes precedence over general information and words take precedence over numbers unless obviously incorrect. Amendments, Addenda, Clarifications, and all Change Orders to the Contract Documents take the same order of precedence as the specific sections that they are amending.
Contractor’s Proposal. (a) The Contractor’s Proposal, or portions thereof, may be incorporated into the contract.
Contractor’s Proposal. 4.4.1 Upon the Owner’s issuance of a written consent to proceed under Section 4.3.2, the Contractor shall prepare and submit the Contractor’s Proposal to the Owner. The Contractor’s Proposal shall include the following:
i. A list of the Preliminary Design documents and other information, including the Contractor’s clarifications, assumptions and deviations from the Owner’s Criteria, upon which the Contractor’s Proposal is based;
ii. The proposed Contract Sum, including a written statement of estimated cost organized by trade categories, allowances, contingencies, Contractor’s Fee, and other items that comprise the Contract Sum in such detail and with such substantiation as Owner may reasonably require;
iii. Any proposed changes to the date the Contractor shall achieve Substantial Completion date shall be incorporated into the Pricing Amendment;
iv. An enumeration of any qualifications and exclusions, if applicable;
v. A list of the Contractor’s Key Personnel, Contractors and suppliers; and
vi. The date on which the Contractor’s Proposal expires, which date shall be no earlier than 90 days after submission of the Contractor’s Proposal to Owner.
4.4.1.1 Upon the Owner’s receipt of Contractor’s Proposal, the Owner and Contractor agree to negotiate in good faith regarding the terms and conditions of the Pricing Amendment, including but not limited to the amount of the Contract Sum. If the Owner and Contractor are unable to agree on the terms and conditions of the Pricing Amendment, the Owner shall have the right to terminate this Agreement pursuant to Section 13.1.5. The amount of time allotted for negotiations and the timing of any termination shall be determined in the Owner’s sole discretion.
4.4.2 Submission of the Contractor’s Proposal shall constitute a representation by the Contractor that it has visited the site and become familiar with local conditions under which the Work is to be completed.
4.4.3 If the Owner and Contractor agree on the terms and conditions of the Pricing Amendment, the Owner and Contractor shall execute the Pricing Amendment in the form set forth on Exhibit B with the blanks and other information completed in the normal course. Notwithstanding anything to the contrary contained in the Contract Documents, Owner shall not be required to enter into any Pricing Amendment and, unless and until the Parties enter into a Pricing Amendment, Contractor’s rights, including to payment, under the Contract Documents, shall be limited to only Con...
Contractor’s Proposal. Contractor shall submit its written Change Proposal within the time specified in the County’s request. The Change Proposal shall represent the Contractor’s offer to perform the requested work, and the pricing set forth within the proposal shall represent full, complete, and final compensation for the proposed change and any impacts to any other Contract Work, including any adjustments in the Contract Time.
