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Reso 2024-3718
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Reso 2024-3718
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Last modified
10/31/2024 9:52:57 AM
Creation date
10/30/2024 4:27:15 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3718
Date (mm/dd/yyyy)
09/19/2024
Description
Agreement w/ MBR Construction, Inc., to repair, remediate, and resurfacer the City's Pedestrian Bridge at North Bay Road.
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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 <br />Cspxbse!Tifsjgg(t!PggjdfCje!2:142NGX <br />5.2Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to Contract <br />Administrator: a complete release of all liens arising out of this Agreement, or receipts in full in lieu <br />thereof; an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all <br />other indebtedness connected with the Project has been paid, or a consent of the surety to final <br />payment; the final corrected as-built drawings and record drawings; and the final bill of materials,and <br />all other records, drawings, manuals, warranties and guaranties, and information required by this <br />Agreement and the Technical Specifications. SHERIFF may withhold final payment under the same <br />terms and conditions as set forth in Section 4.4 above. Notwithstanding the forgoing, no lien of any <br />typeshallattachorbelegallyenforceablerelativetotheProjectorthesubjectrealproperty. <br />5.3Final payment shall be made only after the SHERIFF has reviewed a written evaluation of the <br />performance of CONTRACTOR prepared by the PROJECT MANAGER, and approved the final <br />payment. The making and acceptance of final payment shall constitute awaiver of all claims by <br />CONTRACTOR, except those previously made in strict accordance with the provisions of the <br />application forfinalpayment.Final payment to CONTRACTOR may also be <br />Agreement and CONTRACTOR shall remedy any deficiencies deemed to exist related to the <br />Project that, in the judgment of Broward County, are required to be remediated or repaired or <br />redesigned. <br />ARTICLE 6 -AGREEMENT DOCUMENTS <br />6.1This Agreement incorporates by reference the followingdocuments: <br />a.RLI #19031MFW, which is attached in ExhibitA; <br />b.is attached as <br />Exhibit B <br />6.2Where there is a conflict between any provisions set forth within this Agreement and amore <br />stringent <br />local, state or federal law, statute, rule, code, or regulation, which is applicable to this Project, the <br />more stringent requirement provision shall prevail. The terms of Articles 1-15 of this document <br />shall prevail over any conflicting terms contained within Exhibit A or Exhibit B. The terms of <br />Exhibit A shall control over any conflicting terms contained within Exhibit B. Notwithstanding <br />the forgoing order of preference, in the event there is an irreconcilable conflict between any of the <br />Agreement documents, the terms that are more favorable to the SHERIFF shall prevail over all <br />other documents, as determined by the PROJECTMANAGER. <br />ARTICLE 7 -INDEMNIFICATION <br />7.1 <br />Office, BSO, the Sheriff, Broward County, Florida, and the Board of Commissionersof Broward <br />County, and their officers, agents, employees and commission members from and against any and <br />all claims, suits, actions, demands, causes of actions of any kind ornature, <br />including all cos <br />80370312:!22;67!BNq/!96 <br /> <br />
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