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23-ACCEPTING BID AND CONTRACT FOR $71,777.00 FOR HAZARDOUS MATERIALS REMEDIATION OF GRAND THEATER
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08/22/2011
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23-ACCEPTING BID AND CONTRACT FOR $71,777.00 FOR HAZARDOUS MATERIALS REMEDIATION OF GRAND THEATER
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8/21/2012 4:34:23 PM
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8/19/2011 3:22:04 PM
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CITY CLERK
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Agenda
CITY CLERK - Date
8/22/2011
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1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with <br />this Agreement and the Contract Documents referenced herein. In the event <br />CONTRACTOR shall default in any covenant, condition, provision, or stipulation herein <br />contained, CITY will notify CONTRACTOR verbally or, at its discretion, in writing, that <br />a default has occurred. Notice when given shall include a description of the default and <br />the time within which CONTRACTOR must correct or remedy the default. <br />CONTRACTOR remains solely responsible to complete the work as contracted, whether <br />notified of a default by CITY or not, and failure of CITY to notify of such default shall <br />not excuse CONTRACTOR's obligations hereunder. <br />111 CITY shall not be responsible for CONTRACTOR'S faulty work or additional work <br />required by CONTRACTOR'S errors or omissions or mechanical breakdown of <br />CONTRACTOR'S equipment. The buildings are presumed to be vacant, but it shall be <br />CONTRACTOR' S responsibilitv to inspect the structures for inhabitants before <br />commencing with Remediation. The properties are also subject to illegal dumping and <br />other misuse, and it is expressly the CONTRACTOR's obligation to use caution while <br />performing the work at all times. <br />1.12 CITY may terminate this Agreement for cause or at its convenience at any time during <br />the period of performance. If termination is for cause, CONTRACTOR shall immediately <br />cease further services and shall be compensated only for that work completed up to the <br />date of termination and completed in full conformance with this Agreement including the <br />Contract Documents attached. If termination is for the CITY's convenience, <br />CONTRACTOR shall be compensated for that work completed or partially completed up <br />to the date of termination and performed in full conformance with this Agreement and the <br />Contract Documents attached; CONTRACTOR shall also be compensated for any <br />additional charges reasonably incurred by CONTRACTOR in preparation for the <br />performance of any further services required by this Agreement, said additional charges <br />to be determined by the CITY. Other than as stated herein, CONTRACTOR shall have <br />no other claim or recourse against the CITY for termination of the Agreement. <br />1.13 This Agreement may not be subcontracted, in whole or in part, without the CITY'S <br />express written approval in advance of the services. <br />114 CONTRACTOR shall not discriminate against any employee or subcontractor because of <br />race, color, religion, sex, national origin, age, or disability. <br />1.15 The provisions of this Agreement are severable, and if any provision or part of this <br />Agreement or the application thereof to any person or circumstance shall ever be held by <br />any court of competent jurisdiction to be invalid or unconstitutional for any reason, the <br />remainder of this Agreement shall not be affected thereby. <br />116 This Agreement embodies the entire understanding between the parties and there are no <br />prior effective representations, warranties, or agreements, written or oral, between the <br />parties. <br />1.17 This Agreement shall be subject to all present and future valid laws of the United States, <br />State of Texas, and Ordinances of the City of Paris, Texas. <br />" 169 <br />
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