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1993-120-RES WHEREAS, the City Council of the City of Paris did, in Resolution No. 93-100 on October 11, 1993,
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1993-120-RES WHEREAS, the City Council of the City of Paris did, in Resolution No. 93-100 on October 11, 1993,
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8/18/2006 4:32:55 PM
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CITY CLERK
Doc Name
1993
Doc Type
Resolution
CITY CLERK - Date
12/13/1993
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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the 13th day of <br />19 ~ by and between the City of Paris <br />OWNER) and Oscar Renda Contractin~, Inc. <br />(hereinafter called CONTRACTOR) . <br /> <br />December in the year <br />{hereinafter called <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 /> <br />Booster pump station, appurtenances, and all associated work. <br /> <br />The Project for which the Work under the contract Documents may be the <br />whole or only a part is generally described as follows: <br /> <br />The whole project as described in the contract documents and as shown in the <br />construction drawings. <br />Article 2. ENGINEER <br /> <br />The project has been designed by Hayter Engineering, Inc., paris, <br />Texas, who is hereinafter called ENGINEER and who is to act as OWNER'S <br />representative, assume all duties and responsibilities and have the <br />rights and authority assigned to ENGINEER in the contract Documents in <br />connection with completion of the Work in accordance with the Contract <br />Documents. <br /> <br />Article 3. CONTRACT TIME <br /> <br />3.1. The Work will be substantially completed and ready for final <br />payment within 300 days from the date when the contract Time <br />commences to run, as provided in the General Conditions. <br /> <br />3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is <br />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 above, plus any extensions thereof allowed in accordance <br />with the General conditions. They also recognize the delays, <br />expense and difficulties involved in proving in a legal or <br />arbitration proceeding the actual loss suffered by OWNER if the <br />Work is not completed on time. Accordingly, instead of requiring <br />any such proof, OWNER and CONTRACTOR agree that as liquidated <br />damages for delay (but not as a penalty) CONTRACTOR shall pay <br />OWNER $550 for each day that expires after the time specified. <br /> <br />EXHISfT A 19 <br />
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