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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the 11 day of Februarv in the <br />year 19.2l. by and between City of Paris. Paris. Texas (hereinafter <br />called OWNER) and Atkins Brothers Equipment Company, Inc. <br />(hereinafter called 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 />88-WSRB-11-90 <br />Wastewater Collection System Replacement Lines - Southeast Lift Station Area <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 />General Construction for installation of approximately 11,200 LF 6" - 12" <br />gravity sewer replacement lines, manhole rehabilitation, and appurtenances <br /> <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 <br />OWNER'S representative, assume all duties and responsibilities and <br />have the rights and authority assigned to ENGINEER in the Contract <br />Documents in connection with completion of the Work in accordance <br />with the Contract Documents. The Resident Project Representative, <br />defined in Paragraph 9.3 of the General Conditions, shall be provided <br />directly by the OWNER (City of Paris). <br /> <br />Article 3. CONTRACT TIME <br /> <br />3.1. The Work will be substantially completed and ready for final <br />payment within 180 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 <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 above, plus any extensions thereof all~wed in <br />accordance with the General Conditions. They also recognize <br />the delays, expense and difficulties involved in proving in a <br />legal or arbitration proceeding the actual loss suffered by <br />OWNER if the Work is not completed on time. AcCordingly, <br />instead of requiring any such proof, OWNER and CONTRACTOR agree <br />that as liquidated damages for delay (but not as a penalty) <br />CONTRACTOR shall pay OWNER $225.00 for each day that expires <br />after the ~ime specified. <br /> <br />22 <br /> <br />EXHIBIT A <br />