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Agmt23 Subterra Construction, Inc. Emergency Sewer Repair
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Agmt23 Subterra Construction, Inc. Emergency Sewer Repair
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7/7/2023 10:41:34 AM
Creation date
7/7/2023 10:41:26 AM
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Agreement
PROJECT NAME
Subterra Construction, Inc.
RMP File Number
304.5
Date
6/21/2023
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AGREEMENT 00 5200-2 <br /> <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 Kevin Fitzpatrick 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 /> <br />Name Position <br /> <br />Joe Hardiman_______ Superintendent [See Doc. 00 7200 Para. 8.01.B] <br /> <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 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. 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 Final 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 /> 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
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