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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the ...lill;Jday OfAnril in the year 20 00 by and between City of <br />Paris, Paris, Texas, (hereinafter called OWNER) and Robert Skinner Concrete Contractors (hereinafter <br />called CONTRACTOR). <br /> <br />OWNER and CONTRACTOR, in consideration ofthe mutual covenants hereinafter set forth, agree as <br />follows: <br /> <br />Article I. WORK. <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work <br />is generally described as follows: 40' X 80' all steel pavilion with concrete slab, complete in place. <br /> <br />The Project for which the Work under the Contract Documents may be the whole or only a part is generally <br />described as follows: Lake Crook ParklTenaska Pavilion, City of Paris, Paris, Texas. <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, assume <br />all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract <br />Documents in connection with 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 Ai.. days from the date when the Contract Time <br />commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for <br />final payment in accordance with paragraph 14.13 of General Conditions within..QlL days from the date <br />when the Contract Time commences to run. <br /> <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this <br />Agreement and that OWNER will sutTer financial loss if the Work is not completed within the times <br />specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the <br />General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal <br />or arbitration proceeding the actual loss sutTered by OWNER ifthe Work is not completed on time. <br />Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated <br />damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One hundred <br />fifty and No/IOO dollars $ 150.00 ) for each day that expires after the time specified in <br />paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial <br />Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the <br />Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER <br />fiftv and No/I 00 dollars ($ 50.00 ) for each day that expires after the time specified in <br />paragraph 3.1 for completion and readiness for fmal payment. <br /> <br />18 <br /> <br />t;XHIBIT A <br />