Reso 2010-1658 - Laserfiche WebLink

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WHEREAS, because there will be inherent efficiencies and economies achieved by the CITY which will be in the best interest of the health, safety and welfare of the citizens and residents of Miami-Dade County and the CITY of Sunny Isles Beach, Florida, the CITY has determined it is appropriate to enter into this Agreement embracing the design and construction of the Project, all as more fully set forth below; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: ARTICLE 1 - DEFINITIONS ARTICLE 1 - DEFINITIONS Wherever used in this Agreement or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Agency Representative -City Manager or designee, who shall have such duties and responsibilities as provided herein and by law. If he/she shall cease to hold the position, it shall be the person so designated by the CITY. 1.2 Agreement - The written agreement between the CITY and CONTRACTOR covering the Work to be performed including other Contract Documents that are attached to the Agreement or made a part thereof. 1.3 Building Department - The Building Department of the CITY of Sunny Isles Beach, Florida, or its authorized employees. 1.4 Buy Back Agreement- shall mean that document to be entered into and executed simultaneously with the Ground Lease between the City and Contractor which set forth the terms and provisions under which the City may sell to the Contractor that portion of the parking garage that is to consist of the nineteen thousand (19,000) square feet of commercial retail space as referred to in Section 5.2. 1.5 Change Order - A document which is signed by CONTRACTOR and CITY and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Guaranteed Maximum Price or the Contract Time, issued on or after the Effective Date of the Agreement. 1.6 CITY - The CITY Commission of the CITY of Sunny Isles Beach, Florida and its designees, with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.7 Contract Documents - The Contract Documents consist of the Drawings, Plans and Specifications, Non-Collusive Affidavit, Public Entity Crimes Form, this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Payment and Performance Bonds and any additional documents which are required to be submitted under this Agreement, and all Written Amendments, modifications and supplements, Field Orders, Change Orders and Work Change Directives issued on or after the effective date of the Contract. " DeletE ,:' Docull1 . Agreerr U:\Citv Attornev\HANS\2010 Documents\4m 1nvestors\Design Build Agreement Revised 12 15 10 (c1eanl.doG-.. 2