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... - .. I - , . . ' , , .--. . " r ,_ ...., . '1 , "I i ~.I rrl 'n. '_!.. !or ""'" ~ -- -- e . dk :30 J , E1CDe STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 8th. davof JULY 93 CITY OF LA PORTE, 'TEXAS in the ~'ear 19 by and between (hereinafter called OWNER; and H20 SERVICES, INC. I hereinafter called CONTRACTORl. OWNER and CONTRACTOR. in consideration of the mutual covenants hereinaiter set fonh. agree as follows: Article 1. WORK CONTRACTOR shali complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: SPENCER HIGIDvAY - 121! HATER LINE EXTENSION The Project for which the WorK under the Contract Documents may be the whole or only a pan is generally described as follows: SPENCER HIGffivAY - 12" ~vATER LINE E.."{TENSION Article 2. ENGINEER. The Project has been designed by H. CARLOS SHITR-ENGINEERS & SURVEYORS, INC. 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 in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTR..\CT TIME. ~~1fl.Jt\~~.1i.odtK.'L~:xxxx}~~~xX},..r;:::~~~~~"{ . :l<~~~~JC~~~~' ~ .~ 3.1. The WorK will be substantially completed within 110 days from the dale when [he Contract Time commences [0 run as provided in paragraph 1.3 of [he General Conditions. and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 120 days from the dale when the Contract Time commences to run. :... .:.c: :r. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize [hat time is of [he essence of [his Agreement and that OWNER will suffer financial loss if the Work is not completed within [he limes specified in paragraph 3.1 above. plus any extensions thereof allowed in accordance with Anicle 12 of the General Conditions. They also recognize the delays. expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if [he Work is not completed on time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER FIVE HUNDRED dollars ($ 500. 00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect. refuse or faillo complete the remaining Work within the Contract Time or any proper extension thereof granted by AG -I