2007-147-RES-Awarding the contract for the Demolition and Dispoal of Dilapidated structures in the City of Paris

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AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule municipal corporation, hereinafter called "CITY," and B. Bray Construction, with main offices located at 1802 Church Street, Paris, Texas; hereinafter called "CONTRACTOR", effective as of January 1, 2008. 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services (the "Work") in accordance with this Agreement, the Master Specifications for Demolition and Disposal of Dilapidated Structures attached hereto and incorporated herein as Exhibit A and CONTRACTOR's Bid attached hereto and incorporated herein as Exhibit B (hereinafter collectively referred to as the "Bid Documents"). 1.02 CONTRACTOR shall complete Work assigned under this Agreement and in accordance with City Work Orders, but in no event later than December 31, 2008. Additional time to complete the Work will be allowed by the CITY only in the instance of weather delays which make performance impractical, as determined exclusively by and approved by the CITY. Weather delays will be considered by the CITY only if requested immediately by the CONTRACTOR. 1.03 CONTRACTOR must submit invoices to CITY on a monthly basis. No additional charges will be permitted unless approved in advance in writing by CITY as a change order. No extra charges will be permitted for weather delays. CONTRACTOR will be paid within thirty (30) days of receipt of invoice by CITY for work completed in conformance with this Agreement, the Bid Documents, and City Work Orders. Nothing herein shall require CITY to expend more funds than that amount currently budgeted for this activity as approved by the City Council. 1.04 CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor and not an officer, agent, servant or employee of CITY; that CONTRACTOR shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between CITY and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and CONTRACTOR 1.05 CONTRACTOR shall be responsible for the safety of operations and shall provide appropriate safety warnings for the protection of the work area. Provision of safety includes use of appropriate barricades, traffic control, control of the use of equipment near traffic or pedestrians, and provision of other controls and warnings EXHIBIT ~,.