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AGREEMENT <br />THIS AGREEMENT is dated as of the l Oth day of December in the year 2001 by and between City <br />of Paris, Paris, Texas (hereinafter called OWNER), and B. Bray Construction Co., Incorporated <br />(hereinafter called CONTRACTOR). <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree <br />as follows: <br />Article 1. WORK. <br />CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The <br />Work is generally described as follows: 1565 LF 8" watermain, 110 LF 2" watermain, 3 fire hydrant <br />assemblies, 8 water customer services, 85 SY pavement repair, with other appurtenant construction, <br />complete in place. <br />The Project for which the Work under the Contract Documents may be the whole or only a part is <br />generally described as follows: Cox Field 8" Water Line Replacement. <br />Article 2. ENGINEER. <br />The Project has been designed by City Engineer, City of Paris, Paris, Texas, or his authorized <br />representative, who is hereinafter call ENGINEER and who is to act as OWNER'S representative, <br />assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the <br />Contract Documents in connection with completion of the Work in accordance with the Contract <br />Documents. <br />Article 3. CONTRACT TIME. <br />3.1 The Work will be substantially completed within 100 days from the date when the Contract <br />Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and <br />ready for final payment in accordance with paragraph 14.13 of General Conditions within 130 days <br />from the date when the Contract Time commences to run. <br />3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is ofthe essence of this <br />Agreement and that OWNER will suffer financial loss if the Work is not completed within the times <br />specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 <br />of the General Conditions. They also recognize the delays, expense and difficulties involved in <br />proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not <br />completed on time. Accordingly, instead ofrequiring any such proof, OWNER and CONTRACTOR <br />agree that as liquidated damages for delay <br />(but not as a penalty) CONTRACTOR shall pay OWNER One hundred fiftv and No/100 <br />dollars $ 150.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial <br />EXHIBIT A <br />17 <br />