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2004-001-PEDCR
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2004-001-PEDCR
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Last modified
8/18/2006 4:35:25 PM
Creation date
5/19/2004 10:29:50 AM
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CITY CLERK
Doc Name
2004
Doc Type
Resolution
CITY CLERK - Date
1/20/2004
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<br /> <br /> <br />AGREEMENT <br /> <br />. TIllS AGREEMENT is dated as of the ________ day of ________ in the year 200--, by <br />and between the Paris Economic Development Corporation (hereinafter called OWNER) and ________ <br />(hereinafter called CONTRACTOR). <br /> <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, <br />agree as follows: <br /> <br />Article 1. WORK <br /> <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. <br />The Project is generally described as foUows: <br /> <br /> <br /> Hearne Street Extension - First to Fourth Southwest <br /> <br />Article 2. ENGINEER <br /> <br />The Project has been designed by Hayter Engineering, Inc., Paris, Texas, who is hereinafter <br />called ENGINEER and who is to act as OWNER'S representative, assume all duties and <br />responsibilities and have the rights and authority assigned to ENGINEER in the Contract <br />Documents in 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 payment within 135 <br />calendar days from the date when the Contract Time commences to run, as provided in <br />the General Conditions. <br /> <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence <br />of this Agreement and that OWNER will suffer financial loss if the Work is not <br />completed within the times specified above, plus any extensions thereof allowed in <br />accordance with the General Conditions. They also recognize the delays, expense and <br />difficulties involved in proving in a legal or arbitration proceeding the actual loss <br />suffered by OWNER if the Work is not completed on time. Accordingly, instead of <br />requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages <br />for delay (but not as a penalty) CONTRACTOR shall pay OWNER 5230 for each <br />calendar day that expires after the time specified. <br /> <br />Article 4. CONTRACT PRICE <br /> <br />OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract <br />Documents in current funds as follows: <br /> At the unit prices shown on the Unit Price Bid Schedule included in the Contract <br /> Documents. <br /> <br /> EXHIBIT 'A <br /> <br />20 <br /> <br />-- <br /> <br />. . <br />
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