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STATE OF TEXAS <br />COUNTY OF LAMAR <br />DEMOLITION SERVICES AGREEMENT <br />THIS AGREEMENT is entered into this day of , 2008, by <br />and befinreen the City of Paris, Texas, hereinafter called "CITY" and Sanitation Solutions, <br />with main offices located at 1806 Church Street, Paris, Texas 75460; hereinafter called <br />"CONTRACTOR." <br />1.01 CITY hires CONTRACTOR to perform and CONTRACTOR agrees to perform <br />structural demolition services (the "Work") in accordance with this Agreement, the <br />Bid Package for Demolition and Disposal of Dilapidated Structures 2008-2009 <br />(including Master Specifications) attached hereto and incorporated herein as Exhibit <br />A and CONTRACTOR's Bid attached hereto and incorporated herein as Exhibit B <br />(hereinafter collectively referred to as the "Bid Documents"). In the event there is <br />any conflict or inconsistency between what is called for in this Agreement and what <br />is called for in the Bid Documents, this Agreement shall control, followed by the <br />requirements contained in the Bid Package. <br />1.02 CONTRACTOR has bid a fixed unit price of $22.00 per ton for a two-year term <br />beginning with the effective date of this Agreement for demolition and disposal of <br />dilapidated structures for the City of Paris, Texas. <br />1.03 CITY agrees to provide site specific work orders for structural demolition services to <br />CONTRACTOR by the fifth day of each month. There is no guarantee of the <br />number of work orders that will be issued per month; provided, however, if CITY <br />issues five (5) or more work orders per month, CONTRACTOR agrees to complete <br />no fewer than five (5) work orders by the last day of the month in which the work <br />orders were received. Work orders should be completed in the order in which they <br />are received by CONTRACTOR, and CONTRACTOR shall bill CITY for completed <br />work orders in accordance with Section 1.0-6 hereof. <br />1.04 Additional time to complete monthly work orders will be allowed by the CITY only in <br />the instance of significant weather events which make timely performance <br />impractical, as determined exclusively by and approved by the CITY. Weather <br />delays will be considered by the CITY only if requested by the CONTRACTOR <br />within forth-eight (48) hours following the weather event. Because CONTRACTOR <br />will be completing work orders based on a monthly schedule, CONTRACTOR shall <br />ensure that CITY is made aware of any and all weather delays that occur <br />throughout the month in the event those weather delays result in CONTRACTOR's <br />failure to complete the required number of work orders by the monthly deadline. <br />1.05 CITY and CONTRACTOR agree that time is of the essence in this Agreement and <br />that CITY may suffer financial loss if the Work is not completed on schedule and <br />within the times specified herein, plus any extensions thereof allowed in accordance <br />with this Agreement. The parties also recognize the delays, expense, and difficulties <br />involved in proving in a legal or arbitration proceeding the actual loss suffered by <br />EXHIBIT A <br />m OOorl95 <br />