11 - Agreement with Richard Drake Construction for concrete demolition & construction services

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THE STATE OF TEXAS § § Construction Services Contract --Concrete COUNTY OF LAMAR THIS CONTRACT is entered into on this 10' day of May, 2021, by and between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar County, Texas, (hereinafter referred to as "CITY"), acting by and through its City Manager or his designee, and Richard Drake Construction Company, L.P. ("hereinafter referred to as "CONTRACTOR") whose address is 6290 Highway 271 N., Powderly, TX 75473. WITNESSETH: WHEREAS, CITY desires to obtain concrete demolition and construction services from CONTRACTOR for Public Works projects as needed; and WHEREAS, CONTRACTOR is qualified to provide such services and is willing to undertake the performance of such services for CITY in exchange for fees hereinafter specified; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: I. Em lo�rment of Contractor CONTRACTOR will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the professional level of care and skill ordinarily provided by competent members of its profession, both public and private, currently practicing in the same or similar locality under the same or similar circumstances. If CONTRACTOR is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those special expertise services to the appropriate local, regional and national professional standards. II. Sco a of Services CONTRACTOR shall perform such services related to concrete demolition and construction specifically including, but not necessarily limited to, the tasks enumerated more fully in Attachment "A" hereto entitled "Scope of Work". Attachment "A" is hereby incorporated herein by reference and made a part hereof as if written word for word. However, in case of conflict in the language of Attachment "A" and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto. III. Pa ment for Services Total payment for services described herein shall be in accordance with Attachment "B". This total payment for services includes CONTRACTOR's ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional expenses, which are extraordinary in nature, shall be approved in advance by CITY in writing signed by the parties. Such extraordinary expenses may be paid as incurred and billed to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONTRACTOR.