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1989-135-RES WHEREAS, CITY COUNCIL IN ITS REGULAR MEETING ON OCTOBER 9, 1989 APPROVED
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1989-135-RES WHEREAS, CITY COUNCIL IN ITS REGULAR MEETING ON OCTOBER 9, 1989 APPROVED
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Last modified
8/18/2006 4:34:02 PM
Creation date
4/14/2005 11:32:33 PM
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CITY CLERK
Doc Name
1989
Doc Type
Resolution
CITY CLERK - Date
11/13/1989
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<br />AGREEMENT <br /> <br />THIS AGREEMENT is dated as of the 13th day of November <br />in the year 1989 by and between City of Paris, Paris, Texas, (hereinafter <br />called OWNER) and Schuster and Walker, Inc, <br />(hereinafter called CONTRACTOR). <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants herein- <br />after 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 />Construction of reinforced Concrete Box Culverts with Wingwalls <br />and other appurtenant construction. <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 />DRAINAGE STRUCTURES ON BIG SANDY CREEK TRIBUTARY <br />NUMBER 6 AT 26TH S,E. ST., CULBERTSON ST. AND HUBBARD ST. <br /> <br />Article 2. ENGINEER. <br /> <br />The Project has been designed by City Engineer, City of Paris, Paris, <br />Texas, or his authorized representative, who is hereinafter call <br />ENGINEER and who is to act as OWNER's representative, assume all <br />duties and responsibilities and have the rights and authority assigned <br />to ENGINEER in the Contract Documents in connection with completion of <br />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 180 days from <br />the date when the Contract Time commences to run as provided in <br />paragraph 2.3 of the General Conditions, and completed and ready for <br />final payment in accordance with paragraph 14.13 of the General <br />Conditions within 210 days from the date when the Contract <br />Time commences to run. <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 financial <br />loss if the Work is not completed within the times specified in <br />paragraph 3,1 above, plus any extensions thereof allowed in accordance <br />with Article 12 of the General Conditions. They also recognize the <br />delays, expense and difficulties involved in proving in a legal or <br />arbitration proceeding the actual loss suffered by OWNER if the Work <br />is not completed on time, Accordingly, instead of requiring any such <br /> <br />tJ<HIBIT. A <br />
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