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. e D;"'-':5' F ..vl~~ II 3017 \ AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 23 day of August in the year 19 93 by and between the City of La. Porte, Texas (hereinafter called OWNER) and L. A. Utilities, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK . CONTRACTOR shall complete all Work as specified or indicated i~ the Contract Documents. The Work is generally described as follows: Water and Sanitary Sewer Casings Crossing SH 225 (CLP Project # 9l-670l00 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Approx.i.nately 1,058 Ll" of 1811 Steel Casing, 483 LF of 1611 Steel Casing, 2,383 LF of 1011 Force Main and 1,268 LF of 811 Waterline. Article 2. ENGINEER. The Project has been designed by r'Jn.l~h F.nqinpprinq. Inc. I 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 the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. . Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 90 calendar days from the date when the Contract Time commences to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 90 cal. from the date when the Contract Time commences to run. days 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with 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 the 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 1