Reso 2011-1735 - Laserfiche WebLink

Home Browse Search

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 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. 1.2 Building Department - The Building Department of the CITY of Sunny Isles Beach, Florida, or its authorized employees. 1.3 Change Order - A document which is signed by the CONTRACTOR and CITY, through its duly designated and formally authorized agent, which authorizes the performance of the Extra Work. The CONTRACTOR shall not perform Extra Work of any kind, however characterized, for which it expects to claim additional compensation without written authorization from the CITY. If the CITY authorizes the CONTRACTOR to perform Extra Work, then prior to performing the Extra Work, the CITY and CONTRACTOR shall enter into a written Change Order specifying the services or work to be performed, the additional Contract Time that may be required and the compensation to be paid for this Extra Work. Any Extra Work performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for unjust enrichment or quantum merit with respect to any work performed in the absence of a written Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 1.4 CITY - The CITY Commission of the CITY of Sunny Isles Beach, Florida and its designated official authorized to provide approval or consent with respect to this Agreement. 1.5 City Manager- City Manager of the City of Sunny Isles Beach or his designee. 1.6 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 and Change Orders issued on or after the effective date of the Contract. 1.7 Defective - An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 1.8 Design-Build Work - Shall be defined to include Park and Parking Garage, all design services associated with and/or necessary to timely construct the code compliant Project and construction services associated with and/or necessary to timely complete the Project within the Guaranteed Maximum Price, including, but not limited to, all site related work without limitation,