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Project Manager is the beneficiary of all Contractor obligations to City including, without <br />limitation, all releases and indemnities. <br />B. Project Manager shall have final authority over all matters pertaining to the Contract <br />Documents and shall have sole authority to modify the Contract Documents on behalf of <br />City, to accept work, and to make decisions or actions binding on City, and shall have sole <br />signature authority on behalf of City. <br />C. City may assign all or part of the Project Manager's rights, responsibilities and duties to a <br />Construction Manager, or other City Representative. <br />3.02 CONTRACTOR'S PROJECT MANAGER AND OTHER KEY PERSONNEL <br />A. Contractor has designated [Don Hart 1 as its Project Manager to act as Contractor's <br />Representative in all matters relating to the Contract Documents. <br />B. Contractor has designated the following other Key Personnel for the Project: <br />Name Position <br />Andy Noll Superintendent [See Doc. 00 7200 Para. 8.01. B] <br />Don Hart Project Manager <br />Curtis Mitchell President - Principal <br />ARTICLE 4 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK <br />4.01 LIQUIDATED DAMAGE AMOUNTS <br />A. As liquidated damages for delay Contractor shall pay City fifteen hundred dollars <br />($1,500.00) for each Day that expires after the time specified herein for Contractor to <br />achieve Substantial Completion of the entire Work, until achieved. <br />4.02 SCOPE OF LIQUIDATED DAMAGES <br />A. Measures of liquidated damages shall apply cumulatively. <br />B. Limitations and stipulations regarding liquidated damages are set forth in Document <br />00 7200 (General Conditions). <br />ARTICLE 5 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY <br />PERSONNEL <br />5.01 Liquidated Damage Amounts <br />A. Contractor and City agree that the Key Personnel listed in Contractor's Statement of <br />Qualifications (Document 00 4513) were a material factor in City's assessment of <br />Contractor's experience and the adequacy of Contactor's supervisory personnel. <br />Accordingly, Contractor and City agree that Contractor shall not remove, reassign or make <br />changes to any of the Key Personnel without City's prior written approval. In the event that <br />any Key Personnel leaves the Project, is reassigned and/or is removed and replaced by <br />Contractor before Project Final Completion, for any reason whatsoever, Contractor agrees <br />to pay City liquidated damages as set forth in the Agreement (Document 00 5200), unless <br />Contractor can demonstrate to City's satisfaction that the Key Personnel were reassigned <br />and/or removed and replaced for reasons beyond Contractor's control. <br />AGREEMENT <br />2019-2020 WATERMAIN REPLACEMENT PROJECT—SOUTHDALE WAY & MARSH ROAD <br />Page 2 of 5 <br />