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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />1.5.3 When a word, term, or phrase is used in this Contract, it shall be interpreted
<br />or construed, first, as defined herein; second, if not defined, according to its generally
<br />accepted meaning in the construction industry; and third, if there is no generally accepted
<br />meaning in the construction industry, according to its common and customary usage.
<br />1.5.4 The words "include", "includes", or "including", as used in this Contract, shall
<br />be deemed to be followed by the phrase, "without limitation."
<br />1.5.5 The word "allowance" as used in this Contract shall mean the amount budgeted
<br />for an item and shall not be interpreted or construed as an agreement by the City to pay the
<br />budgeted amount. Any amounts to be paid for those items identified as an allowance shall
<br />only be issued with the prior written approval of the City. It is further understood by the
<br />Contractor that the allowance is inclusive of overhead.
<br />1.5.6 The specification herein of any act, failure, refusal, omission, event, occurrence, or
<br />condition as constituting a material breach of this Contract shall not imply that any other,
<br />non-specified act, failure, refusal, omission, event, occurrence, or condition shall be
<br />deemed not to constitute a material breach of this Contract.
<br />1.5.7 Words or terms used as nouns in this Contract shall be inclusive of their singular
<br />and plural forms, unless the context of their usage clearly requires a contrary meaning.
<br />1.5.8 The Contractor shall have a continuing duty to read, carefully study, and compare
<br />each of the Contract Documents, and shall give written notice to the City of any
<br />inconsistency, ambiguity, error, or omission which the Contractor may discover with
<br />respect to these documents before proceeding with the affected Work. The issuance, or
<br />the express or implied approval by the City, the City's Representative, or the City's
<br />Consultant Engineer, of the Contract Documents shall not relieve the Contractor of the
<br />continuing duties imposed hereby, nor shall any such approval be evidence of the
<br />Contractor's compliance with this Contract. The City has requested the City's Consultant
<br />Engineer to only prepare documents for the Project, including the Specifications for the
<br />Project, which are accurate, adequate, consistent, coordinated, and sufficient for
<br />construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR
<br />WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR
<br />CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor
<br />acknowledges and represents that it has received, reviewed, and carefully examined such
<br />documents consistent with the standard applicable to similarly situated contractors and not
<br />the standard applicable to design professionals, has found them to be complete, accurate,
<br />adequate, consistent, coordinated, and sufficient for construction, and that the Contractor
<br />will rely upon the representation or warranties by the City concerning such documents. The
<br />Contractor further acknowledges and represents that it has made a thorough and careful
<br />examination and inspection of existing above ground surface conditions on the Project
<br />site, and the Contractor expressly acknowledges and agrees that it shall make no claim
<br />for additional compensation due to existing above ground surface conditions that could be
<br />determined or ascertained from a thorough and careful above ground examination and
<br />inspection of the site.
<br />COWMCH ENGINEERING, INC. 3
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