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<br /> <br /> <br /> <br /> <br /> <br /> AGREEMENT <br /> <br /> THIS AGREEMENT is dated as of the _ day of in the year 20_, by and <br /> between the City of Paris, Texas, a home rule municipal corporation located at 135 151 Street SE, <br /> Paris, TX 75460 (hereinafter called CITY) and <br /> (hereinafter called CONTRACTOR). <br /> <br /> CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br /> as follows: <br /> <br /> Article 1. WORK <br /> <br /> CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. <br /> The Work project is generally described as follows: <br /> <br /> 2009 CDBG Sewer System Improvements <br /> TDRA #729599 <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 CITY'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 210 <br /> calendar days from the date when the Contract Time commences to run, as provided in <br /> the General Conditions. This time is for Base Bid plus Additive Alternate quantities. <br /> Deduct 105 calendar days if Base Bid only is awarded. <br /> <br /> 3.2 Liquidated Damages. CITY and CONTRACTOR recognize that time is of the essence of <br /> this Agreement and that CITY will suffer financial loss if the Work is not completed <br /> within the times specified above, plus any extensions thereof allowed in accordance with <br /> the General Conditions. They also recognize the delays, expense and difficulties involved <br /> in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the <br /> Work is not completed on time. Accordingly, instead of requiring any such proof, CITY <br /> and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) <br /> CONTRACTOR shall pay CITY $105 for each calendar day that expires after the time <br /> specified. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 182 26 <br />