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Agmt23 SubTerra Construction, Inc.
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Agmt23 SubTerra Construction, Inc.
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Last modified
1/26/2023 4:24:52 PM
Creation date
1/26/2023 4:24:12 PM
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Agreement
Contractor Name
SubTerra Construction, Inc.
PROJECT NAME
2020-2021 Sanitary Sewer Replacement Project
RMP File Number
304
Date
1/23/2023
MO Ref
22-219
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A. In the pre -construction conference, referenced in item No. 5, Document 00 5100 (Notice <br />of Award), the City will designate as its Project Manager to act as City's Representative in <br />all matters relating to the Contract Documents. If Project Manager is an employee of City, <br />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 [ F31MA 1 as its Project Manager to act as <br />Contractor's Representative in all matters elating to the Contract Documents. <br />B. Contractor has designated the following other Key Personnel for the Project: <br />Name Position <br />6_tt ��� MOy� Superintendent [See Doc. 00 7200 Para. 8.01.B] <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 />B. Final completion <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 />ATTY/DOCS - AGREEMENT/CONSTRUCTION AGREEMENT 005200-2 <br />REV: 09-09-2020 PR <br />AGREEMENT - 2020-2021 SANITARY SEWER REPLACEMENT PROJECT <br />
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