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AGREEMBNT FORM <br />THIS AGREEMENT is dated as of the day of in the <br />year 2003 by and between the City and County of Denver, acting by and <br />through its Board of Water Commissioners (hereinafter called OWNER) <br />and <br />(hereinafter called CONTRACTOR). <br />OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter <br />set forth, agree as follows: <br />ARTICLE 1. CHARTER OF THE CITY AND COUNTY OF DBNVER <br />This Contract is made under and conformable to the provisions of the <br />Charter of the City and County of Denver which control the operation of the <br />Denver Municipal Water System, consisting of Sections C10.1.1 through <br />C10.1.22 of said Charter. Insofar as applicable, said Charter provisions <br />are incorporated herein and made a part hereof by this reference and shall <br />supersede any apparent conflict otherwise contained in this Contract. <br />ARTICLE 2. WORK <br />CONTRACTOR shall complete all Work as specified or indicated in the <br />Contract Documents. The Work is generally described as follows: <br />SPECIFICATION NO. 06700A <br />CONSTRUCT SLURRY WALL AROUND HAZELTINE, ROAD RUNNER REST II <br />AND BRINKMP.NN-WOODWARD GRAVEL RESERVOIRS <br />ARTICLE 3. BNGINSER <br />The project has been designed by the Engineering Division of the OWNER. The <br />OWNER's Director of Engineering or his authorized representative, who is <br />hereinafter called ENGINEER and who is to act as OWNER's representative, <br />assumes all duties and responsibilities and has the rights and authority <br />assigned to ENGINEER in the Contract Documents in connection with <br />completion of the Work in accordance with the Contract Documents. <br />ARTICLE 4. CONTRACT TIME <br />4.1 Substantial completion of the Work will be made on or before <br />January 1, 2004. <br />4.2 Final completion of the Work will be made on or before <br />April 1, 2004 and ready for final payment in accordance with <br />Paragraph 14.13 of the General Conditions. <br />4.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time <br />is of the essence of this Agreement and that OWNER will suffer <br />financial loss if the Work is not completed by the Substantial <br />Completion Date, plus any extensions thereof allowed in <br />accordance with ARTICLE 12 of the General Conditions. They <br />(BOARD OF WATER COMMISSIONERS ) <br />(CONSTRUCT SLURRY WALL AROUND ) <br />(HAZELTINE, ROAD RUNNER REST II) <br />(AND BRINKMANN-WOODWARD GRAVEL ) <br />(RESERVOIRS ) <br />(SP 06700A ) AF-1 <br />