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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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whether caused in whole or in part by the City. The Contractor shall not be entitled to any direct, <br />indirect, consequential, impact, or other costs, expenses, or damages, including but not limited to, <br />costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance <br />from any cause whatsoever, whether such delay, disruption, interference, or hindrance be reasonable <br />or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. <br />It is further agreed that such direct costs do include the Contractor's home office overhead, loss of <br />efficiency, consequential damages, or equipment costs in excess of actual equipment rental paid by <br />the Contractor to a third party. The Contractor's sole and exclusive remedy for delay, hindrance, and <br />disruption shall be an extension of the Contract Time provided a claim for same is made and is <br />allowable pursuant to the provisions of Paragraph 8.3.5 hereinabove. <br />8.4 Field Orders <br />8.4.1. The Engineer / Architect after first obtaining approval from the City, shall have <br />authority to order minor changes in the Work not involving a change in the ContractPr5ceor in -,t <br />Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected <br />by Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field <br />Orders promptly. <br />ARTICLE IX <br />SUBCONTRACTORS <br />9.1 Definition <br />9.1.1. A Subcontractor is an entity that has a direct contract with the Contractor to perform <br />a portion of the Work. <br />9.2 Award of Subcontracts <br />9.2.1. Upon execution of the Contract, or as may be required by the Instructions to Bidders, <br />the Contractor shall furnish the City, in writing, the names of persons or entities proposed by the <br />Contractor to act as a Subcontractor on the Project. The City shall promptly reply to the Contractor, <br />in writing, stating any objections the City may have to such proposed Subcontractor. The Contractor <br />shall not enter into a Subcontract with a proposed Subcontractor with reference to whom the City <br />has made timely objection. The Contractor shall not be required to Subcontract with any parry to <br />whom the Contractor has objection. <br />9.2.2. All subcontracts shall afford the Contractor rights against the Subcontractor which <br />correspond to those rights afforded to the City against the Contractor herein, including those rights <br />afforded to the City by Subparagraph 12.2.1 below. <br />MBR CONSTRUCTION, INC. Page 21 of 41 <br />17n <br />340 <br />
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