18-Contract for the demolition and disposal of dilapidated structures to Sanitation Solutions

Home Browse Search

D raft S: attorney/contracts/2011 /award i ng Dem. Bid 6-27-11 STATE OF TEXAS } COUNTY OF LAMAR } AGREEMENT THIS AGREEMENT is entered into this 27T" day of June, 2011, by and between the City of Paris, Paris Texas, a home rule municipal corporation, hereinafter called "CITY" and Sanitation Solutions, Inc., a Texas Corporation with main offices located at 1802 S. Church Street, Paris, Texas 75460; hereinafter called "CONTRACTOR." 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform structural demolition services in accordance with the Bid Documents and the Master Specifications attached hereto and incorporated herein by reference as Exhibit "A." 1.02 CONTRACTOR shall complete all work called for under this Agreement within twelve (12) months from the date of execution hereof. 1.03 CITY agrees to provide work orders to CONTRACTOR by no later than the fifth business day of each month, however, there is no guarantee of the number of work orders that will be provided each month. CONTRACTOR shall complete all work called for in each work order within 30 calendar days of receipt of the work order. Work orders should be completed in the order in which they have been received by CONTRACTOR, and CONTRACTOR shall bill CITY only for work orders which were completed in accordance with Section 1.06 hereof. 1.04 Additional time to complete monthly work orders will be allowed by the CITY only in the instance of substantial weather delays which make performance impractical, as determined exclusively by the CITY and approved in writing by the CITY. Weather delays will be considered by the CITY only if requested immediately by the CONTRACTOR. Because CONTRACTOR will be completing work orders based on a monthly schedule, CONTRACTOR shall ensure that OWNER is made aware of any and all weather delays that occur throughout the month in the event those weather delays result in CONTRACTOR'S failure to complete the required number of work orders by the monthly deadline. 1.05 CITY and CONTRACTOR agree that time is of the essence in this Agreement and that CITY may suffer financial loss if the Work is not completed on schedule with the City's fiscal year and within the times specified above, plus any weather day extensions allowed in accordance with this Agreement. The parties also recognize that delays, expenses, and difficulties associated with proving in a legal or arbitration proceeding the actual loss suffered by CITY if the work is not completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for unapproved delays (but not as a penalty) CONTRACTOR shall pay CITY $100.00 per calendar day for each work order that is not completed 263