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Last modified
9/24/2021 2:44:29 PM
Creation date
9/24/2021 2:42:59 PM
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Contracts
Company Name
TRUSTAR ENERGY LLC
Contract #
A-2021-147
Agency
Public Works
Council Approval Date
8/17/2021
Expiration Date
8/16/2022
Insurance Exp Date
6/2/2022
Destruction Year
2027
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a fifteen percent contingency amount of $121,815 (Phase 2) for any potential equipment cost <br />increases, and $1,083,975 for construction, and installation, which includes a fifteen percent <br />contingency amount of $211,823 for construction. Any increases in the equipment procurement <br />costs (Phase 11) identified in Exhibit A must be supported by supplemental documentation <br />satisfactory to the City. Contractor shall submit a monthly invoice by the fifteenth of each month <br />to the City for the services rendered in the prior month. <br />All invoices for work performed under this Agreement shall be submitted in a format <br />approved by the City. Invoices shall include the following information at a minimum: (i) <br />Contractor's invoice number, (ii) beginning and ending dates for services, (iii) City project <br />number and/or name (if applicable), (iv) work site address/location (if applicable), and (v) tasks <br />or deliverables completed and % of total services completed <br />Payment by City shall be made within sixty (60) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made <br />for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br />3. DESIGN -BUILD DOCUMENTS <br />The Design -Build Documents consist of this Agreement, Standard Specifications for <br />Public Works Construction (the "Greenbook"), all design documents hereafter prepared by <br />Contractor and approved by City in accordance with this Agreement, other documents listed in <br />this Agreement, Request for Proposals No. 20-095, and any modifications, including without <br />limitation Change Orders, issued after execution of this Agreement. All such documents are <br />incorporated herein by reference and made a part of this Agreement. This Agreement is intended <br />to be an integral whole and shall be interpreted as internally consistent and in accordance with <br />section 2-5.2 of the "Greenbook". Work required by any page, part, or portion of the Agreement <br />shall be deemed to be required work as if called for in the whole Agreement, and no claim for <br />extra work shall be based upon the fact that the description of the work in question is incomplete. <br />"Work" shall mean the design, construction, and related services required to fulfill Contractor's <br />obligations under the Design -Build Documents, whether completed or partially completed, and <br />includes all labor, materials, equipment, and services to be provided by Contractor. <br />This Agreement may not be modified except by written instrument signed by the City and <br />by an authorized representative of Contractor. The parties agree that any terms or conditions of <br />any other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, <br />shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges <br />that no representations, inducements, promises or agreements, orally or otherwise, have been <br />made by any party, or anyone acting on behalf of any party, which are not embodied herein. <br />Nothing contained in this Agreement shall create, nor be interpreted to create, privity or any <br />other relationship whatsoever between City and any person except Contractor. <br />
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