HomeMy WebLinkAboutContract00600 CONTRACT
THIS IS A CONTRACT, dated as of the day of ,. 2006,
by and between the City of Miami, a political subdivision of the State of Florida, hereinafter
referred to as City, and Miguel Lopez Jr., Inc., hereinafter referred to as Contractor.
RECITAL
WHEREAS, the City Commission, or the City Manager, as applicable, has awarded the
Contract to the Contractor for the Project entitled:
Project Name: Orange Bowl Parking Lot Repairs--ADA
Project/Bid Number: Project B-30521, Bid No. 05-06-117
(hereinafter referred to as "Project")
W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named,
agree as follows:
ARTICLE 1
DEFINITIONS
1. The City and the Contractor hereby agree that the capitalized terms used herein shall
have the meanings set forth below unless the context requires otherwise:
1.1 Application for Payment for Work means written request for payment of
work completed within a certain timeframe.
1.2. Bidder means any individual, firm, Incorporated or unincorporated business
entity, or corporation submitting a bid for this Project, acting directly or through
a duly authorized representative.
1.3. Change Order means a written document ordering a change in the Contract
Price or Contract Time or a material change In the Work. A change order must
comply with the Contract Documents and the Procurement Ordinance of the
City.
1.4. City means the City of Miami, a Florida municipal corporation, having its
principal offices at 444 SW 2nd Ave., Miami, Florida 33130, which is a party
hereto and /or for which this Contract is to be performed. In all respects
hereunder, City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority as a
governmental body, the exercise of such regulatory authority and the
enforcement of any rules, regulations, laws and ordinances shall be deemed
to have occurred pursuant to City's regulatory authority as a governmental
body and shall not be attributable in any manner to City as a party to this
Contract.
1.5. City Commission means the governing and legislative body of the City.
Irange Bowl Parking Lot Repairs —ADA, B-30521 Bid No,: 05-06-117
Page 44
1.6. City Manager means the Chief Administrative Officer of the City.
1.8. Consultant or Engineer means a firm that has entered into a separate
agreement with the City for the provision of design services for this Project
2,8. Contract means the part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not limited to
contract time and liquidated damages.
1.9. Contract Documents Clarification means any request for additional
information or clarification must be received in writing, pursuant to the Cone of
Silence, no later than ten (10) calendar days prior to bld opening. Bidders
may fax, email or mail their requests to the attention of Hamilton Hicks, of the
City's Capital Improvements and Transportation Department, 444 S.W. 2nd
Avenue, 8`h Floor, Miami, Florida 33130. The facsimile number is (305) 416-
2153 or email: hhicks(a,miamigov.com.
1.10. Contract Documents means the Invitation for Bid (IFB), including drawings
(plans) and specifications, the Notice for Bids, Addenda, if any, to the IFB, the
Bid Form, the record of the award by the City Commission, the Performance
Bond and Payment Bond, the Notice of Award, the Contract, the Notice(s) to
Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental
Instructions, and any additional documents the submission of which is required
by the Contract Documents, are the documents which are collectively referred
to as the Contract Documents.
1.11 Contract Payments means Issuance of compensation to the Contractor for
work completed in compliance with the Contract Documents and accepted by
the City.
1.12. Contract Price means the original amount established in the bid submittal and
award by the City, as may be amended by an eligible and authorized Change
Order.
1.13. Contract Time means the original time between commencement and
completion, including any milestone dates thereof, established in Article 2 of
the Contract, as may be amended by Change Order.
1.14. Contractor means the person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of the Work
and for the payment of ail legal debts pertaining to the Work. All references in
the Contract Documents to third parties under contract or control of Contractor
shall be deemed to be a reference to Contractor.
1.15. Field Order means a written order which orders minor changes in the Work
but which does not involve a change In the Contract Price or Contract Time.
1.16. Final Completion means the date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of any
permits and regulatory agencies have been satisfied; any documents required
by the Contract Documents have been received by Consultant; any other
documents required to be provided by Contractor have been received by
Consultant; and to the best of Consultant's knowledge, information and belief
the Work defined herein has been fully completed in accordance with the
terms and conditions of the Contract Documents.
1.17. Inspector means an authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and of the
work performed by Contractor.
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117
Page 45
1.18. Materials means goods or equipment incorporated In this Project, or used or
consumed in the performance of the Work.
1.19. Notice(s) of Award means written notice to Contractor informing of the City's
decision to award the project to the Contractor.
1.20. Notice(s) to Proceed means written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described in the
Contract Documents.
1.21. Plans and/or Drawings means the official graphic representations of this
Project.
1,22. Project means the construction projects described in the Contract Documents,
including the Work described therein.
1.23. Protect Initiation Date means the date upon which the Contract Time
commences.
1.24 Project Closeout means receipt by City of all documentation and deliverables
as required by the Contract Documents.
1.25. Project Manager means the individual appointed by the City's Director of
Capital Improvement Projects ("Director").
1,26. Subcontractor means a person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a special
design according to the Contract Documents, but does not include one who
merely furnishes Materials ,not so worked.
1.27, Substantial Completion means the date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have been
satisfied and the Work is sufficiently complete in accordance with the Contract
Documents so the Project is available for beneficial occupancy by City, A
Certificate of Occupancy or Certificate of Completion must be issued for
Substantial Completion to be achieved, however, the issuance of a Certificate
of Occupancy or Certificate of Completion or the date thereof are not to be
determinative of the achievement or date of Substantial Completion.
1.28. Surety means the surety company or individual, authorized to transact surety
services in the State of Florida, which is bound by the performance bond and
payment bond with and for Contractor who is primarily liable, and which surety
company or individual is responsible for Contractor's satisfactory performance
of the work under the contract and for the payment of all debts pertaining
thereto in accordance with Section 255.05, Florida Statutes.
1,29. Work means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other
labor, materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations. The Work may constitute the
whole or a part of the Project.
Orange Bowl Parking Lot Repairs ADA, B-30521 Bid No.: 05-06-117
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ARTICLE 2
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment services and
incidentals necessary to perform ail of the work described in the Contract Documents and
related thereto for the Project(s).
ARTICLE 3
CONTRACT TIME
3.1 Contractor shall be issued a Notice of Award by the Director. Contractor shall commence
scheduling activities, permit applications and other preconstruction work within five (5)
calendar days after receipt of the Notice of Award, The Notice to Proceed and Purchase
Order will not be issued until Contractor's submission to City of all required documents
(including but not limited to; Payment and Performance Bonds, and insurance
Certificate) and after execution of the Contract by both parties.
3.1.1. The receipt of all necessary permits by Contractor and acceptance of the full
progress schedule in accordance with technical specifications section,
submittal schedule and schedule of values is a condition precedent to the
issuance of the Notice to Proceed to mobilize on the Project site and
commence with physical construction of the Work. The Contractor shall submit
all necessary documents required by this provision within fifteen (15) calendar
days of the issuance of the Notice of Award.
3.2 Time is of the essence throughout this Contract. Project Work shall be performed
concurrently where the Contractor is awarded more than one line item. The Work and
Project Closeout shall be completed within forty-five (45) calendar days for each Item
awarded on a line item basis from the issuance of the Notice to Proceed, and ready for
final payment in accordance with Article 7.
ARTICLE 4
LIQUIDATED DAMAGES
4.1 Upon failure of Contractor to complete the Contract within the specified period of time,
plus approved time extensions (if applicable), Contractor shall pay to City the sum of
Two hundred dollars($200.00) for each calendar day after the time specified in Article
2.2 above, plus any approved time extensions (if applicable), for Final Completion.
These amounts are not penalties but are liquidated damages to City for Its inability to
obtain full beneficial occupancy and/or use of the Project. Liquidated damages are
hereby fixed and agreed upon between the parties, recognizing the impossibility of
precisely ascertaining the amount of damages that will be sustained by City as a
consequence of such delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the failure of
Contractor to complete the Contract on time.
The above -stated liquidated damages shall apply separately to each portion of the
Project for which a time for completion is given.
4.2 City is authorized to deduct liquidated damages from monies due to Contractor for the
Work under this Contract or as much thereof as City may, in its sole discretion, deem
just and reasonable.
4.3 Contractor shall be responsible for reimbursing City, in addition to liquidated damages,
for all costs incurred by Consultant in administering the construction of the Project
Orange Bowl Parking Lot Repairs --ADA, B-30521 Bid No.: 05-06-1 i7
Pape 47
beyond the completion date plus approved time extensions. Consultant construction
administration costs shall be pursuant to the contract between City and Consultant, a
copy of which is available upon request from the Director. All such costs shall be
deducted from the monies due Contractor for performance of Work under this Contract
by means of unilateral credit change orders issued by City as costs are incurred by
Consultant and agreed to by City.
ARTICLE 5
NO DAMAGES FOR DELAY
In the event of any delays to the project, the Contractor's sole remedy shall be to seek an
extension of time in accordance with the terms of the Contract. The City shall not be liable for
any delay damages or damages attributable to performing work out of sequence, acceleration
claims or other similar type claims, incurred by Contractor arising out of or in any way
associated with the performance of this Agreement.
ARTICLE 6
THE CONTRACT SUM
6.1 This is a Fixed Price Contract with payments based on line item pricing.
6.2 Payment shall be paid based on the line item prices stated in the Contract Payments
shall be full compensation for all costs, including overhead and profit, associated with
completion of all the Work in full conformity with the requirements as stated or shown, or both, in
the Contract Documents. The cost of any item of Work not covered by a definite Contract line
item price should be included In the line item price to which the item is most applicable.
ARTICLE 7
PROGRESS PAYMENTS
7.1 Contractor may make Application for Payment for Work completed at intervals of not
more than once a month. Contractor's Application for payment shall show a complete
breakdown of the Project Site's components, the quantities completed and the amount
due, together with such supporting evidence as may be required by Consultant shall
include, but is not limited to, an updated progress schedule acceptable to the Project
Manager as required by the Contract Documents and a partial release of liens or
consent of Surety relative to the Work, which is the subject of the Application and any
other information required by the Project Manager. Each Application for Payment shall
be submitted in triplicate to Consultant for approval. City shall make payment to
Contractor within thirty (30) days after receipt of an acceptable Contractor's Application
for Payment and submission of an acceptable updated progress schedule,
7,2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until
Final Completion and acceptance of all Project Sites by City in accordance with Article 7
hereof,
7.3 City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
7.3.1 Defective work not remedied.
7.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or City because of Contractor's performance.
7.3.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
7,3.4 Damage to another contractor not remedied.
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06.117
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7.3.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
7.3.6 Failure of Contractor to provide any and all documents required by the Contract
Documents.
When the above grounds are removed or resolved satisfactory to the Director, payment
shall be made in whole or in part.
7.4 Detailed information concerning the submittal of Applications for Payment is contained in
the Supplemental Conditions of the Contract Documents.
ARTICLE 8
ACCEPTANCE AND FINAL PAYMENT
8.1 Upon receipt of written notice from Contractor that the Work the Project Site is ready for
final inspection and acceptance, Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Consultant and Project Manager find the Work acceptable, the
requisite documents have been submitted and the requirements of the Contract
Documents fully satisfied, and all conditions of the permits and regulatory agencies have
been met, a Final Certificate for Payment (Form 00926) shall be issued by City's Project
Manager, for signature, stating that the requirements of the Contract Documents have
been performed and the Work is ready for acceptance under the terms and conditions
thereof.
8.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to City's
Project Manager a complete release of all liens arising out of this Contract, receipts in
full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been
paid in full and that all other indebtedness connected with the Work has been paid, and
a consent of the surety to final payment; the final corrected as -built drawings; and the
final bill of materials, if required, and invoice. Contractor shall deliver the written.
Contractor's and all Manufacturer's warranties prior to issuance of the Final Certificate
for Payment.
8.3 if, after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of Contractor, and City's Project Manager so certifies, City
shall, upon certificate of City's Project Manager, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and
accepted. Such payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
8.4 Final payment shall be made only after the City Manager or his designee has reviewed a
written evaluation of the performance of Contractor prepared by the Director, and
approved the final payment. The acceptance of final payment shall constitute a waiver
of all claims by Contractor, except those previously made in strict accordance with the
provisions of the General Conditions and identified by Contractor as unsettled at the time
of the application for final payment.
ARTICLE 9
ADHERENCE TO REQUEST FOR PROPOSAL
9,1 Contractor agrees to comply with the standards and requirements established under this
Agreement and the City's Request for Proposal (Project Name: Orange Bowl Parking Lot
Repairs — ADA, Bid No. 05-06-117, Project No. B-30521) which is incorporated by
reference as if set forth in its entirety herein. Where any terms or conditions provided for
under the Request for Proposal conflict with the terms and conditions in this Agreement
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117
Page 49
9.2
,
and/or its attachments, the language of this Agreement and/or its attachments shall
control.
Contractor agrees to provide to the City services described in the Contractor's response
to the Request for Proposal. If there is a conflict between the services proposed and the
services described in this Agreement and/or its attachments, the language of this
Agreement and/or its attachments shall control,
9.3 Where there is a conflict between any provision set forth within the Contract Documents
and a more stringent state or federal provision which is applicable to this Project, the
more stringent state or federal provision shall prevail. The order of hierarchy within the
Contract Documents shall be the drawings, Supplemental Conditions, General
Conditions, and last shall be the Instructions to Bidders.
ARTICLE 10
PUBLIC ENTITY CRIMES
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
affiliate who is a contractor, consultant or other provider, who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to the City, may not submit a bid on a contract with the City for
the construction or repair of a public building or public work, may not submit bids on leases of
real property to the City, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the City, and may not transact any business
with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation of the
City purchase order and may result in Contractor debarment.
ARTICLE 11
OWNERSHIP OF DOCUMENTS
Contractor understands and agrees that any information, document, report or any other material
whatsoever which is given by the City to Contractor or which is otherwise obtained or prepared
by Contractor pursuant to or under the terms of this Agreement is and shall at all times remain
the property of the City. Contractor agrees not to use any such information, document, report or
material for any other purpose whatsoever without the written consent of City, which may be
withheld or conditioned by the City in its sole discretion.
ARTICLE 12
AUDIT AND INSPECTION RIGHTS
12.1. The City may, at reasonable times, and for a period of up to three (3) years following the
date of final payment by the City to Contractor under this Agreement, audit, or cause to
be audited, those books and records of Contractor which are related to Contractor's
performance under this Agreement. Contractor agrees to maintain all such books and
records at its principal place of business for a period of three (3) years after final
payment is made under this Agreement.
12.2. The City may, at reasonable times during the term hereof, Inspect Contractor's facilities
and perform such tests, as the City deems reasonably necessary, to determine whether
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117
Page 50
the goods or services required to be provided by Contractor under this Agreement
conform to the terms hereof, if applicable,
12.3. Contractor shall make available to the City all reasonable facilities and assistance to
facilitate the performance of tests or inspections by City representatives. Ail tests and
inspections shall be subject to, and made in accordance with, the provisions of Section
18-55.2 of the Code of the City of Miami, Florida, as it may be amended or
supplemented, from time to time.
ARTICLE 13
AWARD OF AGREEMENT
Contractor represents and warrants to the City that it has not employed or retained any person
or company employed by the City to solicit or secure this Agreement and that it has not offered
to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or
gift of any kind contingent upon or in connection with, the award of this Agreement.
ARTICLE 14
PUBLIC RECORDS
Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and agrees to allow access by the City and the public to all documents
subject to disclosure under applicable law. Contractor's failure or refusal to comply with the
provisions of this section shall result in the immediate cancellation of this Agreement by the City.
ARTICLE 15
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Contractor understands that agreements between private entities and local governments are
subject to certain laws and regulations, including laws pertaining to public records, conflict of
interest, record keeping, etc. City and Contractor agree to comply with and observe all
applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may
be amended from time to time.
ARTICLE 16
INDEMNIFICATION
Contractor shall indemnify, defend and hold harmless the City and its officials, employees and
agents (collectively referred to as "Indemnitees") and each of them from and against all loss,
costs, penalties, fines, damages, claims, expenses (including attomey's fees) or liabilities
(collectively referred to as "Liabilities") by reason of any injury to or death of any person or
damage to or destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this Agreement
which is or is alleged to be directly or Indirectly caused, in whole or in part, by any act, omission,
default or negligence (whether active or passive) of Contractor or its employees, agents or
subcontractors (collectively referred to as "Contractor"), regardless of whether it is, or is alleged
to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission,
default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117
Pape S 1
failure of the Contractor to comply with any of the paragraphs herein or the failure of the
Contractor to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this Agreement.
Contractor expressly agrees to indemnify and hold harmless the Indemnitees, or any of them,
from and against all liabilities which may be asserted by an employee or former employee of
Contractor, or any of its subcontractors, as provided above, for which the Contractor's liability to
such employee or former employee would otherwise be limited to payments under state
Workers' Compensation or similar laws.
ARTICLE 17
DEFAULT
If Contractor fails to comply with any term or condition of this Agreement, or fails to perform any
of its obligations hereunder, then Contractor shall be In default. Upon the occurrence of a
default hereunder the City, in addition to all remedies available to it by law, may immediately,
upon written notice to Contractor, terminate this Agreement whereupon all payments, advances,
or other compensation paid by the City to Contractor while Contractor was in default shall be
immediately returned to the City. Contractor understands and agrees that termination of this
Agreement under this section shall not release Contractor from any obligation accruing before
the effective date of termination. Should Contractor be unable or unwilling to commence to
perform the Services within the time provided or contemplated herein, then, In addition to the
foregoing, Contractor shall be liable to the City for all expenses incurred by the City in
preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the
City in the re -procurement of the Services, including consequential and incidental damages.
ARTICLE 18
CITY'S TERMINATION RIGHTS
18.1. The City shall have the right to terminate this Agreement, in its sole discretion, at any
time, by giving written notice to Contractor at least five (5) business days before the
effective date of such termination. In such event, the City shall pay to Contractor
compensation for services rendered and expenses incurred before the effective date of
termination. In no event shall the City be liable to Contractor for any additional
compensation, other than that provided herein, or for any consequential or incidental
damages.
18.2. The City shall have the right to terminate this Agreement, without notice or liability to
Contractor, upon the occurrence of an event of default hereunder. In such event, the City
shall not be obligated to pay any amounts to Contractor and Contractor shall reimburse
to the City all amounts received while Contractor was in default under this Agreement.
ARTICLE 19
INDEPENDENT CONTRACTOR
Orange Bowl Parking Lot Repairs —ADA, B-30521
Bid No.: 05-06-117
Contractor is an independent contractor under this Contract. Services provided by Contractor
pursuant to this Contract shall be subject to the supervision of Contractor. in providing such
services, neither Contractor nor its agents shall act as officers, employees, or agents of the City.
This Contract shall not constitute or make the parties a partnership or joint venture.
ARTICLE 20
THIRD PARTY BENEFICIARIES
Neither Contractor nor City Intends to directly or substantially benefit a third party by this
Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based upon this
Contract. The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract.
ARTICLE 21
NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with
a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it
is intended at the place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided In this section. For the present, the
parties designate the following:
For City:
Gary Fabrikant
Assistant Director -Capital Improvement Program/Transportation
Office of the City Manager
444 SW 2nd Avenue, 81h Floor
Miami, FL 33130
With copies to:
Victor Marzo
Project Manager
Capital Improvements and Transportation
City of Miami
444 SW 2nd Ave., 81h Floor
Miami, Florida 33130
For Contractor:
Miguel Lopez Jr., President
Miguel Lopez Jr., Inc.
7711 NW 74th Ave.
Medley, Florida 33166
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117
ARTICLE 22
ASSIGNMENT AND PERFORMANCE
13.1 Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any portion of
the work required by this Contract except as authorized by Section 26 of the General
Conditions. Contractor represents that all persons delivering the services required by
this Contract have the knowledge and skills, either by training, experience, education, or
a combination thereof, to adequately and competently perform the duties, obligations,
and services set forth in the Scope of Work and to provide and perform such services to
City's satisfaction for the agreed compensation.
13.2 Contractor shall perform its duties, obligations, and services under this Contract in a
skillful and respectable manner. The quality of Contractor's performance and all interim
and final product(s) provided to or on behalf of City shall be comparable to the best local
and national standards.
ARTICLE 23
MATERIALITY AND WAIVER OF BREACH
14.1 City and Contractor agree that each requirement, duty, and obligation set forth in these
Contract Documents is substantial and Important to the formation of this Contract and,
therefore, is a material term hereof.
14,2 City's failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
ARTIELE 24
SEVERANCE
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless City or Contractor
elects to terminate this Contract. An election to terminate this Contract based upon this
provision shall be made within seven (7) days after the finding by the court becomes
final.
ARTICLE 25
APPLICABLE LAW AND VENUE
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. By entering into this Contract, Contractor and City
yto re yxprexpressly
waive any rights either party may have to a trial by jury permissive
counterclaims in any civil litigation related to, or arising out of the Project. Contractor
shall specifically bind all subcontractors to the provisions of this Contract. Each party
shall bear their own attorney's fees.
Orange Bowl Parking Lot Repairs —ADA, B-30521
Bid No.: 05-06-117
ARTICLE 26
AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City Manager and Contractor.
ARTICLE 27
ENTIRE AGREEMENT
This Contract, as it may be amended from time to time, represents the entire and
integrated Contract between the City and the Contractor and supersedes all prior
negotiations, representations or agreements, written or oral, This Contract may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and
equal dignity herewith. Waiver by either party of a breach of any provision of this
Contract shall not be deemed to be a waiver of any other breach of any provision of this
Agreement.
Orange Bowl Parking Lot Repairs —ADA, B-30521
Bid No.; 05-06-117
IN WITNESS WHEREOF, the parties have set their hands and seats on the day
of I 1 , 2006, which becomes the contract effective date.
ATTEST:
riscilla A. Tho
ATTEST:
Print Name:'-e ��a^ram
Title: CS. Le. .�" N nts-u-
APPROVED AS TO FORM AND
CORR
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C ty At
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1iC Ity11
City Of Miami, a municipal
corporatio
Pedro G. Her i ndez, City Manager
"Contractor"
Miguel Lopez Jr., Inc.,
a Florida corporation
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By: �.......w�a�.r'�:,.'.....-rim•' �,'.,.'.e..-..... L
Miguel Lope Jr., President
APPROVED AS TO INSURANCE
Risk Management Administrator
LeeAnn BrehrrL
EQUIRES THREE (3) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.
andez gf-1A
Orange Bowl Parking Lot Repairs —ADA, B-30521 Bid No.: 05-06-117