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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 />or furnished under or, by reason of, the Agreement documents and PROJECT <br />estimates and decisions upon all claims, questions, difficulties and <br />disputes shall be final and binding to the extent provided in Section 2.7.2. Any claim, <br />question, difficulty or dispute which cannot be resolved by mutual Agreement of <br />SHERIFF and CONTRACTOR shall be submitted to the PROJECT MANAGER in <br />writing within ten (10) calendar days. Unless a different period of time is set forth <br />herein, PROJECT MANAGER shall notify CONTRACTOR in writing of PROJECT <br />decision within ten (10) calendar days from the date of receipt of the <br />submission of the claim, question, difficulty or dispute, unless PROJECT MANAGER <br />requires additional time to gather information or allow the parties to provide additional <br />information. All nontechnical administrative disputes shall be determined by the <br />Contract Administrator pursuant to the time periods provided herein. During the <br />pendency of any dispute and after a determination thereof, CONTRACTOR, <br />PROJECT MANAGER and SHERIFF shall act in good faith to mitigate any potential <br />damages including utilization of construction schedule changes and alternate means of <br />construction. <br /> <br />2.7.2!In the event the determination of a dispute under this Article is unacceptable to either <br />party hereto, the party objecting to the determination must notify the other party in <br />writing within ten (10) calendar days of receipt of the written determination. The notice <br />must state the basis of the objection and must be accompanied by a statement that any <br />Agreement price adjustment claimed is the entire adjustment to which the objecting <br />party has reason to believe it is entitled to as a result of the determination. Within sixty <br />(60) calendar days after final completion of the work, the parties shall participate in <br />mediation to address all objections to any determinations hereunder and to attempt to <br />prevent litigation. The mediator shall be mutually agreed upon by the parties. Should <br />any objection not be resolved in mediation, the parties retain all their legal rights and <br />remedies provided under State law. A party objecting to a determination specifically <br />waives all of its rights provided hereunder, including its rights and remedies under <br />State law, if said party fails to comply in strict accordance with the requirements of <br />this Article. <br /> <br />2.8!Code Requirements. CONTRACTOR and all subcontractors on this Project shall be <br />familiar with all applicable Federal, State, County, City and Local laws, regulations, <br />ordinances and Codes and be governed accordingly as such laws, regulations, ordinances and <br />codes will apply to this Project, and the actions and operations of those engaged in the work <br />or concerning materials. CONTRACTOR shall secure all permits necessary to complete <br />the work in accordance with required laws, ordinances, codes, and regulations. <br />CONTRACTOR shall use every effort to claim all exemptions available to SHERIFF from <br />permit fees and impact fees. SHERIFF will reimburse CONTRACTOR actual permit and <br />impact fee costs for any required permit but shall not reimburse CONTRACTOR for its <br />expense, overhead, mark-up or profit in obtaining any permits, unless otherwise stated in <br />writing signed by SHERIFF. <br /> <br />6 <br /> <br />
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