2009-083-RES-Awarding the contract for the purchase of materials for the water system improvements

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AGREEMENT THIS PROCUREMENT AGREEMENT is dated as of the 10lh day of August in he year 2009 by and between the City of Paris (hereinafter called OWNER) and Underground Utility Supply (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall supply all Materials as specified or indicated in the Procurement Documents. The Materials to be furnished are generally described as follows: Materials Procurement for Water System Improvements ORCA STEP #728056 and HEI #180038 Article 2. ENGINEER The Materials have been specified by Hayter Engineering, Inc., Paris, Texas, 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 by OWNER in connection with the furnishing of Materials in accordance with the Procurement Documents. Article 3. POINT OF DELIVERY The place where the Materials are to be delivered is the City back lot, 50 W. Hickory, Paris, TX 75460. Article 4. CONTRACT TIME 4.1 The Materials are to be delivered to the point of delivery and ready for OWNER'S acceptance of delivery: on (or within a period of fifteen days prior to) the 30lh (thirtieth) day after the date when Contract Time commences to run as provided in paragraph 2.2 of the Procurement General Conditions. 4.2 All Shop Drawings and samples required by the Procurement Documents will be submitted to ENGINEER for review and approval: within 7 days after the date when the Contract Time commences to run as provided in paragraph 2.2 of the Procurement General Conditions. 4.3 Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence of this Procurement Agreement and that OWNER will suffer financial loss if the 14