|
<br /> 7
<br />
<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />Proposers: Any person, firm or corporation
<br />submitting a Bid for Work. As used
<br />herein, “Firm”, “Proposing Firm”,
<br />“Vendor” and “Bidder” shall have the
<br />same meaning as “Proposers”. In any
<br />resultant Agreement, the Proposer as
<br />defined herein, shall mean the
<br />Tenant.
<br />
<br />Bonds: Bid, performance bond and other
<br />instruments of security, furnished by
<br />the Contractor and their surety in
<br />accordance with the Contract
<br />Documents and in accordance with
<br />the law of the State of Florida.
<br />
<br />Change Order: A written order to the Contractor
<br />signed by the City authorizing an
<br />addition, deletion or revision in the
<br />Work, or an adjustment in the
<br />Contract Price or the Contract Time
<br />issued after execution of the
<br />Agreement.
<br />
<br />City: City of Sunny Isles Beach, 18070
<br />Collins Avenue, Sunny Isles Beach,
<br />Florida 33160.
<br />
<br />Contract Documents: Contract Documents shall include,
<br />Instructions to Proposers,
<br />Contractor's Bid, the Bonds, the
<br />Notice of Award, the Agreement
<br />between the City and Contractor as
<br />well as any addenda thereto, these
<br />General Conditions, Special
<br />Conditions, the Technical
<br />Specifications, Drawings and
<br />Modifications, Notice to Proceed,
<br />REQUEST FOR PROPOSALS, Insurance
<br />Certificates, Change Orders and
<br />Acknowledgment of Conformance
<br />with the City of Sunny Isles Beach.
<br />
<br />Contract Price: The amount Tenant shall pay the City
<br />base rent and a percentage rent based
<br />on the Tenant’s net sales, in addition
<br />to all other Impositions and payments
<br />required under a resultant Lease.
<br />
<br />Contract Time: The initial term and renewal terms, if
<br />any, of the resultant Lease.
<br />
<br />Contracting Officer: The individual who is authorized to
<br />sign the contract documents on behalf
<br />of the City’s governing body.
<br />
<br />Contractor: The person, firm or corporation with
<br />whom the City has executed this
<br />Agreement. As used herein, “Tenant”
<br />or “Operator” shall have the same
<br />meaning as “Contractor”.
<br />
<br />Day: A calendar day of twenty-four hours
<br />measured from midnight to the next
<br />midnight.
<br />
<br />Field Order: A written order issued by the City
<br />which clarifies or interprets the
<br />Contract Documents or orders minor
<br />changes in the Work.
<br />
<br />Modification: Modification means any one of the
<br />following: (a) a written amendment of
<br />the Contract Documents signed by
<br />both parties, (b) a Change Order, (c) a
<br />written clarification or interpretation
<br />if issued by the City, or (d) a written
<br />order for minor change or alteration in
<br />the Work issued by the City. A
<br />modification may only be issued after
<br />execution of the Agreement.
<br />
<br />Notice of Award: The written notice by City to the
<br />apparent successful Proposers stating
<br />that upon compliance with the
<br />conditions precedent to be fulfilled by
<br />him within the time specified, City will
<br />execute and deliver the Agreement to
<br />him.
<br />
<br />Samples: Physical examples which illustrate
<br />materials, equipment or workmanship
<br />and establish standards by which the
<br />Work will be judged.
<br />
<br />Specifications: Those portions of the Contract
<br />Documents consisting of written
<br />technical descriptions of materials,
<br />equipment, construction systems,
<br />standards and workmanship as
<br />applied to the Work.
<br />
<br />Statement of Services: The form furnished by the City which
<br />is to be used by the Contractor in
<br />requesting progress payments.
<br />
<br />Supplier: Any person or organization who
<br />supplies materials or equipment for
<br />the Work, including that fabricated to
<br />a special design, but who does not
<br />perform labor at the site.
<br />
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the
<br />successful completion of the Lease
<br />assigned to or undertaken by Tenant
<br />under the Contract Documents,
<br />including all Tenant Improvements,
<br />build-out obligations, labor, materials,
<br />equipment and other incidentals, and
<br />the furnishing thereof. Tenant
<br />Improvements means all
<br />improvements to the Premises of a
<br />fixed and permanent nature, which
<br />the Tenant shall construct or caused
<br />to be constructed at its own expense,
<br />including but not limited to all
<br />furnishing, fixtures, and equipment
<br />for the operation of the restaurant
<br />(the "Tenant Improvements").
<br />
<br />Written Notice: The term “Notice” as used herein shall
<br />mean and include all written notices,
<br />demands, instructions, claims,
<br />approvals and disapproval’s required
<br />to obtain compliance with Contract
<br />requirements. Written notice shall be
<br />deemed to have been duly served if
<br />delivered in person to the individual
<br />or to a member of the firm or to an
<br />officer of the corporation for whom it
<br />is intended, or to an authorized
<br />representative or such individual,
<br />firm, or corporation, or if delivered at
<br />or sent by registered mail to the last
<br />business address known to them who
<br />gives the notice. Unless otherwise
<br />stated in writing, any notice to or
<br />demand upon the City under this
<br />Contract shall be delivered to the City.
<br />
<br />1.31 BID AWARD:
|