2011-070 RES AWARDING A CONTRACT TO 911 RESTORATION INC FOR GRAND THEATER HAZARDOUS REMEDIATION

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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 911 Restoration Inc., with main offices located at 10031 Monroe Street Suite 307, Dallas, Texas 75228; hereinafter called "°CONTRACTOR", this Agreement to be effective following City Council approval on August 22, 2011. 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform Hazardous Clean-up Remediation (the "Work") in accordance with this Agreeinent, Bid Documents, scope of work and project specifications (including all addendum to the bid documents) for Grand Theater Remediation Phase I attached hereto and incorporated herein as Exhibit "A" (or on file with Terracon Consultants, Inc. or the City Engineer,) and CONTRACTOR'S Bid attached hereto and incorporated herein as Exhibit "B" (hereinafter collectively referred to as the "Contract Documents".) 1.02 CONTRACTOR shall complete all Work called for under the Agreement and the Contract Documents within twenty-eight (28) business 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 all labor, materials and equipment necessary to complete the Hazardous Materials Remediation Project at the Grand Theater, Paris, Texas for a total cost of SEVENTY-ONE THOUSAND, SEVEN HUNDRED AND SEVENTY-SEVEN AND NO/100 DOLLARS ($71,777.00). 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 Wark completed in conformance with this Agreement, the Contract 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. ~ EXHISIT~~~