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Construction Services Agreement <br />REV: 04-26-2021 PR <br />00 5205 - 2 <br /> <br /> <br />B. Project Manager shall have final authority over all matters pertaining to the Contract Documents and <br />shall have sole authority to modify the Contract Documents on behalf of City, to accept work, and to <br />make decisions or actions binding on City, and shall have sole 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 Construction <br />Manager, or other City Representative. <br />3.02 Contractor’s Project Manager and Other Key Personnel <br />A. Contractor has designated Gerry McGrillen 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 /> <br />Gerry McGrillen Superintendent <br /> <br /> <br /> <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 One Thousand dollars ($1,000.00) for each <br />Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire <br />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 Appendix B (General <br />Conditions). <br />ARTICLE 5 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY PERSONNEL <br />5.01 Liquidated Damage Amounts <br />  <br /> Contractor and City agree that the Key Personnel listed in Section 3.02(B) were a material factor in <br />City’s assessment of 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 changes to <br />any of the Key Personnel without City’s prior written approval. In the event that any Key Personnel <br />leaves the Project, is reassigned and/or is removed and replaced by Contractor before Project Final <br />Completion, for any reason whatsoever, Contractor agrees to pay City liquidated damages as set forth <br />in the Agreement (Document 00 5205), unless Contractor can demonstrate to City’s satisfaction that <br />the Key Personnel were reassigned and/or removed and replaced for reasons beyond Contractor’s <br />control.  <br />ARTICLE 6 CONTRACT DOCUMENTS <br /> <br />6.01 Contractor shall perform the Work in accordance with the terms and conditions of this <br />Agreement and the following attachments (together, Contract Documents): <br />A. Appendix A – Scope of Work <br />B. Appendix B – General Conditions <br />C. Appendix C – Insurance <br />D. Appendix D – Construction Performance Bond <br />E. Appendix E – Construction Labor and Materials Payment Bond <br />