2008-078-RES AWARDING THE CONTRACT FOR THE DEMOLITION AND DISPOSAL OF THE 18 REMAINING BUILDINGS AT THE CASA BONITA APARTMENT COMPLEX LOCATED AT 7TH STREET NW AND HENDERSON STREET IN THE CITY OF PARIS TO INTERCON CONSTRUCTION COMPANY, INC.,

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AGREEMENT STATE OF TEXAS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule municipal corporation, hereinafter called "CITY," and Intercon Construction, Inc., with main offices located at 301 West Ave. D, Garland, Texas 75040; hereinafter called "CONTRACTOR", effective as of September 8, 2008. 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services in accordance with this Agreement, the Master Specifications for Demolition and Disposal of Dilapidated Structures attached hereto and incorporated herein as Exhibit A(the "Work"), 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 all Work assigned under this Agreement and authorized by Notice to Proceed and/or Work Order within six (6) months from the effective date of this Agreement. 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 With the execution and delivery of this Agreement, CONTRACTOR shall furnish and file with the CITY a performance and payment bond in the amount of the total contract price in a form set forth in Exhibit C, and which meet the requirements of Chapter 2253, Texas Government Code and Article 7.19-1 of the Insurance Code, as amended. The sureties shall be approved in the most current Federal Register Treasury List and the Bonds will be accompanied by a properly authorized power of attorney. The CITY reserves the right to reject any and all sureties. 1.04 CITY agrees to pay CONTRACTOR for all work authorized and completed in accordance with the Master Specifications and bid prices submitted by CONTRACTOR as set forth in Exhibit "A" and "B" attached hereto and incorporated herein by reference. CONTRACTOR shall not be paid until all Work is completed and the Project has been accepted by the Paris City Manager or his authorized designee. 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 approved by the City Council. 1.05 CONTRACTOR covenants and agrees that CONTR.ACTOR 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 EXHIBIT g