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<br />successors and assigns.
<br />
<br />e) The word "Days" to mean Calendar Days.
<br />
<br />1) The word "Deliverables" to mean all documentation and any items of any nature submitted
<br />by the Contractor to the City's Project Manager for review and approval pursuant to the
<br />terms of this Agreement.
<br />
<br />g) The words "directed", "required", "permitted", "ordered", "designated", "selected",
<br />"prescribed" or words of like import to mean respectively, the direction, requirement,
<br />permission, order, designation, selection or prescription of the City's Project Manager; and
<br />similarly the words "approved", "acceptable", "satisfactory", "equal", "necessary", or
<br />words of like import to mean respectively, approved by, or acceptable or satisfactory to,
<br />equal or necessary in the opinion of the City's Project Manager.
<br />
<br />h) The words "Change Order" or "Extra Work" or "Additional Work" resulting in additions or
<br />deletions or modifications to the amount, type or value of the Work and Services as
<br />required in this Contract, as directed and/or approved by the City.
<br />
<br />i) The words "Project Cost" mean the sum of the construction costs, allowances for
<br />contingencies, the total cost of design professional and related services provided by
<br />consultant, and allowances for such other items as charges of all other professionals and
<br />consultants.
<br />
<br />j) The words "Project Manager" to mean the City Manager or the duly authorized
<br />representative designated to manage the Project.
<br />
<br />k) The words "Work", "Services" "Program", or "Project" to mean all matters and things
<br />required to be done by the Contractor in accordance with the provisions of this Contract.
<br />
<br />ARTICLE 2. ORDER OF PRECEDENCE
<br />
<br />If there is a conflict between or among the prOVISIOns of this Agreement, the order of
<br />precedence is as follows: 1) these terms and conditions, 2) the City of Sunny Isles Beach's RFP
<br />No. 10-07-01 and any associated addenda and attachments thereof, and 3) the Contractor's
<br />Proposal.
<br />
<br />ARTICLE 3. RULES OF INTERPRETATION
<br />
<br />a) References to a specified Article, section, or schedule shall be construed as reference to
<br />that specified Article, or section of, or schedule to this Agreement unless otherwise
<br />indicated.
<br />
<br />b) Reference to any agreement or other instrument shall be deemed to include such agreement
<br />or other instrument as such agreement or other instrument may, from time to time, be
<br />modified, amended, supplemented, or restated in accordance with its terms.
<br />
<br />c) The terms "hereof', "herein", "hereinafter", "hereby", "herewith", "hereto", and
<br />"hereunder" shall be deemed to refer to this Agreement.
<br />
<br />d) The titles, headings, captions and arrangements used in these Terms and Conditions are for
<br />convenience only and shall not be deemed to limit, amplify or modify the terms of this
<br />Contract, nor affect the meaning thereof.
<br />
<br />SI/}
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