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<br />r <br /> <br />f 'i~ <br /> <br />[ '1 <br /> <br />tt TJ <br /> <br />f i1 <br /> <br />r" <br /> <br />1..~1 <br /> <br />I ~ <br /> <br />! .. <br /> <br />e <br /> <br />e <br /> <br />Elcnc <br />STANDARD FORM OF AGREEMENT <br />BETWEEN OWNER AND CONTRACTOR <br />ON THE BASIS OF A STIPULATED PRICE <br /> <br />,J-.~'I!- day of '-Il~~ <br />City of La Porte <br /> <br />in the <br /> <br />THIS AGREEMENT is dated as of the <br />year 19 :f!;); by and between <br /> <br />(hereinafter called OWNER) and <br /> <br />Pas-Key Construction Services. Inc. <br />(hereinafter called CONTRACTOR). <br /> <br />OWNER and CONTRACTOR. in consideration of the mutual covenants hereinafter set forth. agree as follows: <br /> <br />Article 1. WORK. <br /> <br />CONTRACTOR shaH complete all Wor~ as sp~ciiied or indicated i.n lhe. ~~ntract pocuments. The Wor.k is. <br />generally describe~ as follows: <br /> <br />SANITARY SEWER MAIN EXTENSIONS <br /> <br />The Project for which the Work under the Contract Documents may be the whole or only a part is gene::ally <br />described as follows: ' ' <br /> <br />Article 2. ENGINEER. <br /> <br />Toe Project has been designed by <br /> <br />L~ WILLIAM T. MANNING <br /> <br />who is hereinafter 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 Documents in <br />L~ connection with completion of the Work in accordance with the Contract Documents. <br /> <br />l.' <br /> <br />I .~_~ <br /> <br />C. <br />::I <br />"- <br />:II <br />::I <br />= <br />c: <br />~ <br />:E <br />::I <br />~ <br />~ <br /> <br />~ <br /> <br />lor <br /> <br />11 <br />~ <br />'C <br />~ <br /> <br />,~ <br /> <br />L" <br /> <br />I ~ <br /> <br />Ie.: <br /> <br />Article 3. CONTRACT TIME. <br /> <br />3.1. The Work will be substantially completed on or before 19-=---. and <br />compieted and ready for tinal payment in accordance with paragraph 14.13 of the General Conditions on <br />or before . 19.:-....:.... . <br /> <br />3.1. The Work will be substantially completed within qn days from the date when the Contract <br />Time commences lO run as provided in paragraph 2.3 of lhe General Conditions. and complet~d and <br />ready for tinal payment in accordance with paragraph 14.13 of the Genera! Conditions within <br />days from the date when the Contract Time commences to run. <br /> <br />3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that lime is of the essence of this <br />Agreement and that OWNER will suffer financial loss if the Work is not completed within lhe times <br />specified in paragraph 3.1 above. plus any extensions lhereof allowed in accordance with Artic;:le 12 of <br />lhe General Conditions. They also recognize the delays. expense and difficulties involved in proving in <br />a legal or arbitration proceeding the actual loss suffered by OWNER if lhe Work is not completed on <br />time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as <br />Iiquidat~d.damag'es for delay (but not as a penalty) CONTRACTOR shall pay OWNER <br />ONE HUNDRED DOLLARS doUars ($ 100. 00 ) for e3ch day <br />that expires after the lime specified in paragraph 3.1 for Substantial Completion until the Wprk is ' <br />substantially complete. After Substantial Completion if CONTRACTOR shaH neglect. refuse or fail to <br />complete the remaining Work within the Contract Time or any proper extension thereof granted by <br />