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Agmt25 Bay Area Paving Co.
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Agmt25 Bay Area Paving Co.
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Last modified
5/15/2025 12:03:19 PM
Creation date
5/15/2025 12:03:18 PM
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Agreement
PROJECT NAME
upport the as-needed replacement of concrete sidewalks and asphalt pavement in the City’s right of way
RMP File Number
304
Date
3/31/2025
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AGREEMENT 00 5200-2 <br /> <br />Project Manager to act as City’s Representative in all matters relating to the Contract <br />Documents. If Project Manager is an employee of City, Project Manager is a beneficiary <br />of all Contractor obligations to City including, without limitation, all releases and <br />indemnities. <br /> <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, except as otherwise provided by law. <br /> <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 /> <br />3.02 CONTRACTOR’S PROJECT MANAGER AND OTHER KEY PERSONNEL <br /> <br />A. Contractor has designated Chris Quinn as its Project Manager to act as Contractor’s <br />Representative in all matters relating to the Contract Documents. <br /> <br />B. Contractor has designated the following other Key Personnel for the Project: <br /> <br />Name Position <br /> <br />Chris Quinn Superintendent [See Doc. 00 7200 Para. 8.01.B] <br /> <br /> <br /> <br /> <br /> <br />ARTICLE 4 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION OF WORK <br /> <br />4.01 LIQUIDATED DAMAGE AMOUNTS <br /> <br />A. As liquidated damages for delay Contractor shall pay City Two Hundred Fifty Dollars <br />($250.00) for each Day that expires after the time specified in each applicable Task Order, <br />until achieved. <br /> <br />4.02 SCOPE OF LIQUIDATED DAMAGES <br /> <br />A. Measures of liquidated damages shall apply cumulatively. <br /> <br />B. Limitations and stipulations regarding liquidated damages are set forth in Document <br />00 7200 (General Conditions). <br /> <br />ARTICLE 5 LIQUIDATED DAMAGES FOR UNAUTHORIZED CHANGES OF KEY <br />PERSONNEL <br /> <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 <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 />
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