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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the II th <br />the, year 20~ by and between City <br />(hereinafter called OWNER) and Stephens <br />(hereinafter called CONTRACTOR) . <br /> <br />day of December in <br />of; Paris, Paris, Texas, <br />& Sons Concrete Contractor <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants <br />hereinafter set forth, agree as follows: <br /> <br />Article 1. WORK. <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the <br />Contract Documents. The Work is generally described as follows: <br />2550 LF 6" watermain, 110 LF 2" watermain, 6 fire hydrant <br />assemblies; 26 water customer services, 2090 LF 8" sanitary sewer, <br />5 manholes, 18 sanitary sewer customer services, 6744 SY reinforced <br />concrete street paving, 3 Type C inlets, 8 Type E inlets, 48 LF 15" <br />RCP storm sewer, 320 LF 48" RCP storm sewer, 570 LF 8' concrete <br />flat bottom ditch, 1052 LF 14' concrete flat bottom ditch with <br />other appurtenant construction, complete in place. <br /> <br />The Project for which the Work under the Contract Documents may be <br />the whole or only a part is generally described as follows: <br />Martin Luther King Drive, Paving, Drainage, Water and Sewer <br />Improvements, 6th NE to North Main. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by City Engineer, City of Paris, <br />Paris, Texas, or his authorized representative, who is hereinafter <br />call ENGINEER and who is to act as OWNER'S representative, assume <br />all duties and responsibilities and have the rights and authority <br />assigned to ENGINEER in the Contract Documents in connection with <br />completion of the Work in accordance with the Contract Documents. <br /> <br />Article 3. CONTRACT TIME. <br /> <br />3.1 The Work will be substantially completed within 203 days <br />from the date when the Contract Time commences to run as provided <br />in paragraph 2.3 of the General Conditions, and completed and ready <br />for final payment in accordance with paragraph 14.13 of General <br />Conditions within 233 days from the date when the Contract Time <br />commences to run. <br /> <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time <br />is of the essence of this Agreement and that OWNER will suffer <br />financial loss if the Work is not completed within the times <br />specified in paragraph 3.1 above, plus any extensions thereof <br />allowed in accordance with Article 12 of the General Conditions. <br />They also recognize the delays, expense and difficulties involved <br />in proving in a legal or arbitration proceeding the actual loss <br />suffered by OWNER if the Work is not completed on time. <br /> <br />21 <br /> <br />EXHIBIT A <br />