1994-045-RES WHEREAS, the City Council of the City of Paris, did in Resolution 009 on February 10, 1994, approve the

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AGREEMENT TInS AGREE.\1ENT is dated as of the day of between City of Paris, Paris, Texas, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). in the year 19_ by and 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 is generally described as follows: Water Treatment Plant Expansion. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Furnishing all labor, material and equipment, and performing all work required for removal and replacement of the primary existing controls and instrumentation system with a computer based solid state system. The resulting system shall operate the existing plant as well as a proposed expansion which will take place as part of another contraCt as VoL I . Plant Expansion. Ankle 2. ENGINEER The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized representative, who is hereinafter called ENGINEER and who is to act as OWNER'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 within _ days from the date when the Contract Tune commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of General Conditions within _ days from the date when the Contract Tnne commences to run. '3.2 Uquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACfOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Dollars ($ ) for each day that expires after the time specified in paragraph 3.1 for 18 . . fi'JiIBllA