2011-043 RES AWARDING A CONTRACT TO TOTAL ABATEMENT SYSTEMS CORP

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AGREEMENT FOR HAZARDOUS MATERIALS REMEDIATION GRAND THEATER 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 Total Abatement Systems Corporation, with main offices located at 6142 Hwy 276; Royce City, Texas 75189; hereinafter called "CONTRACTOR", effective as of May 9, 2011. 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform Hazardous Materials Clean-up Remediation at the Grand Theater, Paris, Texas (the "Work") in accordance with this Agreement, Bid Documents, Scope of Work and Project Specifications (including all addendum thereto) for the Grand Theater Remediation Phase I Project, ("The Work") 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 within Sixteen (16) calendar days following CITY' S Notice to Proceed. 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 Agrees to furnish a11 labor, materials and equipment necessary to complete ("The Wark") for a total cost of Forty-Five Thousann Nine Hundred and Seventeen and No/Dollars ($45,917.00). CONTRACTOR must submit invoices to CITY within thirty (30) days of completion of the Work. 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. 1.04 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 I - 112