Common use of Priority of Provisions Clause in Contracts

Priority of Provisions. 5.1 The Contract Documents are intended to include all items necessary for the proper execution and completion of the work by CONSULTANT. Any labor, services, materials, supplies, equipment or documentation that may reasonably be inferred from the Contract Documents or trade usage from prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to CITY. The Contract Documents are complementary, and wherever possible the provisions of the Contract Documents shall be construed in such manner as to avoid conflicts between provisions of the various Contract Documents. In the event of any inconsistency in the Contract Documents, where such inconsistency is not clarified by change order, addendum or amendment, the Contract Documents shall be construed according to the following priorities: First priority: Approved Change Orders, Addendums or Amendments to all related documents. Second priority: Specifications (quality) and Drawings (location and quantity) of CONSULTANT. Third priority: This AGREEMENT. Fourth priority: City of Fort Lauderdale Request for Qualifications #12370-206. Fifth priority: CONSULTANT’s response to City of Fort Lauderdale Request for Qualifications #12370-206. 5.2 Anything shown on the drawings and not mentioned in the specifications or mentioned in the specifications and now shown on the drawings, shall have the same effect as if shown or mentioned respectively in both. In the event of a conflict among the Contract Documents, the latest, most stringent, and more technical requirement(s), including, but not limited to, issues of quantities or cost of the Work shall control. Reference to standard specifications, manuals, rules, regulations, ordinances, laws or codes of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, rule, regulation, ordinance, law or code in effect at the time of permit submittal.

Appears in 5 contracts

Samples: Traffic and Transportation Engineering and Planning Services Agreement, Traffic and Transportation Engineering and Planning Services Agreement, Traffic and Transportation Engineering and Planning Services Agreement

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Priority of Provisions. 5.1 2.1 The Contract Documents are intended to include all items necessary for the proper execution and completion of the work by CONSULTANTContractor. Any labor, services, materials, supplies, equipment or documentation that may reasonably be inferred from the Contract Documents or trade usage from prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to CITY. County. 2.2 The Contract Documents are complementary, and wherever possible the provisions of the Contract Documents shall be construed in such manner as to avoid conflicts between provisions of the various Contract Documents. In the event of any inconsistency in the Contract Documents, where such inconsistency is not clarified by change order, addendum or amendment, the Contract Documents shall be construed according to the following priorities: First priority: Approved Change Orders, Addendums or Amendments to all related documents. Second priority: Specifications (quality) and Drawings (location and quantity) of CONSULTANT. Third priority: This AGREEMENT. Supplemental Conditions or Special Terms Fourth priority: City of Fort Lauderdale Request for Qualifications #12370-206. General Terms and Conditions Fifth priority: CONSULTANTAgreement Sixth priority: Invitation to Bid Seventh priority: Contractor’s response to City of Fort Lauderdale Request for Qualifications #12370-206.bid 5.2 2.3 Anything shown on the drawings and not mentioned in the specifications specifications, or mentioned in the specifications and now not shown on the drawings, shall have the same effect as if shown or mentioned respectively in both. In the event of a conflict among the Contract Documents, the latest, most stringent, and more technical requirement(s), including, but not limited to, issues of quantities or cost of the Work Work, to Contractor shall control, as determined by the Consultant. 2.4 The organization of the specifications into divisions and sections and the arrangement of drawings shall not control Contractor in dividing the Work among subcontractors or in establishing the extent of the Work to be performed by any trade. The organization of the specifications and the arrangement of the drawings are for the convenience of Contractor and are not intended to relieve Contractor from its obligation to conduct a complete study of the Contract Documents for the purpose of directing and coordinating the various Subcontractors and suppliers as to their respective responsibilities. Reference to standard specifications, manuals, rulesor codes of any technical society, regulationsorganization or association, ordinances, or to the laws or codes regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, rule, regulation, ordinance, law code or code laws or regulations in effect at the time of permit submittalissuance.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

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Priority of Provisions. 5.1 The Contract Documents are intended to include all items necessary for the proper execution and completion of the work by CONSULTANT. Any labor, services, materials, supplies, equipment or documentation that may reasonably be inferred from the Contract Documents or trade usage from prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to CITY. The Contract Documents are complementary, and wherever possible the provisions of the Contract Documents shall be construed in such manner as to avoid conflicts between provisions of the various Contract Documents. In the event of any inconsistency in the Contract Documents, where such inconsistency is not clarified by change order, addendum or amendment, the Contract Documents shall be construed according to the following priorities: First priority: Approved Change Orders, Addendums or Amendments to all related documents. Second priority: Specifications (quality) and Drawings (location and quantity) of CONSULTANT. Third priority: This AGREEMENT. Fourth Thrid priority: City of Fort Lauderdale Request for Qualifications #1237012483-206216. Fifth priority: CONSULTANT’s response to City of Fort Lauderdale Request for Qualifications #1237012483-206216. 5.2 Anything shown on the drawings and not mentioned in the specifications or mentioned in the specifications and now shown on the drawings, shall have the same effect as if shown or mentioned respectively in both. In the event of a conflict among the Contract Documents, the latest, most stringent, and more technical requirement(s), including, but not limited to, issues of quantities or cost of the Work shall control. Reference to standard specifications, manuals, rules, regulations, ordinances, laws or codes of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, rule, regulation, ordinance, law or code in effect at the time of permit submittal.

Appears in 1 contract

Samples: Owner's Representative Services Agreement

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