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AGREEMENT <br />STATE OF TEXAS § <br />KNOW ALL MEN BY THESE PRESENTS: <br />COUNTY OF LAMAR § <br />THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule <br />municipal corporation, hereinafter called "CITY," and with main offices located at <br />hereinafter called "CONTR.ACTOR", effective as of <br />I.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform <br />structural demolition services (the "Work") in accordance with this Agreement, the Master <br />Specifications for Demolition and Disposal of Dilapidated Structures attached hereto and <br />incorporated herein as Exhibit A, and CONTR.ACTOR's Bid attached hereto and <br />incorporated herein as Exhibit B(hereinafter collectively referred to as the "Bid <br />Documents"). <br />1.02 CONTRACTOR shall complete Wark assigned under this Agreement by no later than fJ. <br />Additional time to complete the Work will be allowed by the CITY only in the instance of <br />weather delays which make performance impractical, as determined exclusively by and <br />approved by the CITY. Weather delays will be considered by the CITY only if requested <br />immediately by the CONTRACTOR. <br />1.03 CONTRACTOR must submit invoices to CITY within thirty (30) days of completion of <br />the Work. No additional charges will be permitted unless approved in advance in writing <br />by CITY as a change order. No extra charges will be permitted for weather delays. <br />CONTR.ACTOR will be paid within thirty (30) days of receipt of invoice by CITY for <br />Work completed in conformance with this Agreement, the Bid Documents, and City Work <br />Orders. Nothing herein shall require CITY to expend more funds than that amount <br />approved by the City Council. <br />1.04 CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor <br />and not an officer, agent, servant, or employee of CITY; that CONTRACTOR shall have <br />exclusive control of and exclusive right to control the details of the Work performed <br />hereunder and a11 persons performing same, and shall be responsible for the acts and <br />omissions of its officers, agents, employees, contractors, subcontractors and consultants; <br />that the doctrine of respondeat superior shall not apply as between CITY and <br />CONTRACTOR, its officers, agents, employees, contractors, subcontractors, and <br />consultants, and nothing herein shall be construed as creating a partnership or joint <br />enterprise between CITY and CONTRACTOR. <br />1.05 CONTRACTOR shall be responsible for the safety of operations and sha11 provide <br />appropriate safety warnings for the protection of the work area. Provision of safety <br />includes use of appropriate barricades, traffic control, control of the use of equipment near <br />traffic or pedestrians, and provision of other controls and warnings as needed. <br />16 <br />. 000125 <br />