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Reso 2026-4003
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Reso 2026-4003
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Last modified
4/10/2026 10:49:37 AM
Creation date
4/7/2026 1:54:46 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4003
Date (mm/dd/yyyy)
03/19/2026
Description
1st Amnd to Agreement w/ MBR Construction, Inc., to provide addt'l time for final completion of construction services for the Intracoastal Sports Park
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Contract. In the event the City requires such documentation, the provisions <br />of the Local Government Prompt Payment Act (Sections 218.70 through <br />218.79) shall be suspended until such time as the City obtains the requested <br />documentation; <br />(d) evidence that the balance of the Work cannot be completed in accordance <br />with the Contract for the unpaid balance of the Contract price; <br />(e) evidence that the Work will not be completed in the time required for <br />substantial or final completion; <br />(f) persistent failure to carry out the Work in accordance with the Contract; <br />(g) damage to the City or a third parry to whom the City is, or may be, liable. <br />In the event that the City makes written demand upon the Contractor for amounts previously paid <br />by the City as contemplated in this Subparagraph 5.3.1, the Contractor shall comply with such <br />demand within ten (10) days of receipt of same. <br />5.4 Unexcused Failure to Pay <br />5.4.1. If within twenty-five (25) days after the date established herein for payment to the <br />Contractor by the City, the City, without cause or basis hereunder, fails to pay the Contractor any <br />amount then due and payable to the Contractor, then the Contractor may after ten (10) additional <br />days' written notice to the City and the Engineer / Architect and without prejudice to any other <br />available rights or remedies it may have, stop the Work until payment of those amounts due from <br />the City have been received. Any payment not made within twenty-five (25) days after the date due <br />shall bear interest at the City's investment earnings rate from the Florida State Board of <br />Administration. <br />5.5 Substantial Completion <br />5.5.1. When the Contractor believes the Work is substantially complete, the Contractor <br />shall submit to the Engineer / Architect a list of items to be completed or corrected; the Engineer / <br />Architect or the City may supplement such list in the event the Contractor has omitted any <br />incomplete or defective work. When the Engineer / Architect, on the basis of an inspection, and <br />after consultation with the City, determines the Work is in fact substantially complete, it will prepare <br />a Certificate of Substantial Completion which shall establish the date of Substantial Completion, <br />shall state the responsibilities of the City and the Contractor for Project security, maintenance, heat, <br />utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall <br />complete the items listed therein. Guarantees required by the Contract shall commence on the date <br />of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted <br />to the City and the Contractor for their written acceptance of the responsibilities assigned to them <br />in such certificate. <br />5.6 Completion and Final Payment <br />5.6.1. When all of the Work is finally complete and the Contractor is ready for a final <br />inspection, it shall notify the City and the Engineer / Architect thereof in writing. Thereupon, the <br />MBR CONSTRUCTION, INC. Page 9 of 41 <br />158 <br />328 <br />
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