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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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10.4 Minor Changes <br />10.4.1. The Engineer / Architect, after first obtaining express written approval from the City, <br />shall have authority to order minor changes in the Work not involving a change in the Contract Price <br />or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor <br />changes shall be made by written Field Order, and shall be binding upon the City and the Contractor. <br />The Contractor shall promptly carry out such written Field Orders. <br />10.5 Effect of Executed Change Order <br />10.5.1. The execution of a Change Order by the Contractor shall constitute conclusive <br />evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus <br />amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, <br />waives and forever releases any claim against the City for additional time or compensation for <br />matters relating to or arising out of or resulting from the Work included within or affected by the <br />executed Change Order. <br />10.6 Notice to Surety; Consent <br />10.6.1. As a condition precedent for the certification, approval or payment of any Application <br />for Payment, or as a condition precedent for the approval or execution by the City of any Change <br />Order, or as a condition precedent for any action required by the City under this Contract, the City <br />may demand, and the Contractor shall furnish, an appropriately executed Consent of Surety in such <br />form as the City may specify. <br />10.7 Emergency Change Orders <br />10.7.1. In an emergency that presents immediate danger to person or property, the City's <br />designated representative may order a change in the Work that shall be documented within three (3) <br />days from the inception of said emergency in accordance with the change order requirements of <br />Article X of this Contract. <br />10.8 Construction Change Directive <br />10.8.1. If the City and the Contractor cannot agree on the cost of a change in the Work, the <br />City may issue a written Construction Change Directive ordering a change in the Work prior to <br />reaching agreement with the Contractor on the adjustment, if any, in the Contract Price and/or the <br />Contract Time. <br />10.8.2. The City and the Contractor shall negotiate expeditiously and in good faith for <br />appropriate adjustments, as applicable, to the Contract Price and/or the Contract Time arising out of <br />a Construction Change Directive. Within 15 days of issuance of the Construction Change Directive, <br />the City will issue a Change Order based upon the Engineer / Architect's estimate for the cost of the <br />Work and any additional agreed upon time extension in accordance with Article 10.3. When a <br />resolution has been reached on the total cost of the Work and the cost of the Work is more or less <br />than the Engineer / Architect's estimate, a final adjusting Change Order will be issued for the <br />difference in both cost and time as is applicable. <br />MBR CONSTRUCTION, INC. Page 25 of 41 <br />1.74 <br />344 <br />
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