11 - Contract with Bernal for 645 Johnso Woods Channel Bank Stablization Project

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SECTIIOIm 00 52 23 THIS AGREEMENT is dated as of the _ day of in the year 2020, by and between the City of Paris, Texas, a home rule municipal corporation located at 135 1st Street SE, Paris, TX 75460 (hereinafter called CITY) and heire6rnafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work project is generally described as follows: The project includes approximately 48 linear feet of rock gabion baskets, complete and in place, along the western channel bank behind 645 Johnson Woods Drive as shown on the plans. Article 2. ENGINEER The Project has been developed by the City of Paris Public Works and Engineering team who is hereinafter called ENGINEER or CITY'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be substantially completed and ready for final payment within 90 days from the effective date of this Agreement or from the date of the Notice to Proceed, whichever is later. 3.2 Liquidated Damages. CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY $200 for each calendar day that expires after the time specified. Article 4. CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: At the unit prices shown on the Unit Price Bid Schedule included in the Contract Documents. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in the General Conditions. The OWNER shall retain 10% of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. When the Work is substantially complete, the retained amount may be reduced to 2.5%, at the OWNER's discretion. City of Paris, Texas 00 52 23 -•- Page 1 of 5 Agreement 9/10/2020