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1999-135-PARK STREET EXTENSION TO SERVE WAREHOUSE DISTRIBUTION FACILITY FOR PEDC, PROJECT CONTRACT
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1999-135-PARK STREET EXTENSION TO SERVE WAREHOUSE DISTRIBUTION FACILITY FOR PEDC, PROJECT CONTRACT
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8/18/2006 4:30:23 PM
Creation date
1/23/2001 4:07:05 PM
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CITY CLERK
Doc Name
1999
Doc Type
Resolution
CITY CLERK - Date
11/8/1999
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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the 8th day of November <br />between City of Paris, Paris, Texas, (hereinafter called OWNER) and <br />Paying Division (hereinafter called CONTRACTOR). <br /> <br />in the year 19...22.., by and <br />AP AC - Texas. Inc. / Buster <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br />as follows: <br /> <br />Article I. WORK. <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Docwnents. The <br />Work is generally described as follows: 650 L.F. asphalt street with other appurtenant construction, <br />complete in place. <br /> <br />The Project for which the Work ooder the Contract Documents may be the whole or only a part is <br />generally described as follows: Park Street Extension to Serve Warehouse Distribution Facility Paris <br />Economic Development Corporation. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized <br />representative, who is hereinafter call ENGINEER and who is to act as OWNER'S representative, <br />asswne all duties and responsibilities and have the rights and authority assigned to ENGINEER in <br />the Contract Docwnents in connection with completion of the Work in accordance with the Contract <br />Docwnents. <br /> <br />Article 3. CONTRACT TIME. <br /> <br />I <br />3.1 The Work will be substantially completed within ...Q.(L days from the date when the Contract <br />Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and <br />ready for final payment in accordance with paragraph 14.13 of General Conditions within..2lL days <br />from the date when the Contract Time commences to roo. <br /> <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of <br />this Agreement and that OWNER will suffer financial loss if the Work is not completed within the <br />times specified in paragraph 3.1 aboye, plus any extensions thereof allowed in accordance with <br />Article 12 of the General Conditions. They also recognize the delays, expense and difficulties <br />involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the <br />Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and <br />CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR <br />shall pay OWNER One htmdred fifty and Noll 00 dollars $ 150.00 ) for each day <br /> <br />18 <br /> <br />EXHIBIT A <br />
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