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AGREEMENT FOR HAZARDOUS MATERIALS <br />REMEDIATION GRAND THEATER <br />STATE OF TEXAS § <br />KNOW ALL MEN BY THESE PRESENTS: <br />COUNTY OF LAMAR § <br />THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule <br />municipal corporation, hereinafter called "CITY," and NCM Demolition and Remediation, LP <br />with main offices located at 9090 N. Stemmons, Suite C, Dallas, Texas 75247; hereinafter called <br />"CONTRACTOR", effective as of June 25, 2012. <br />1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform <br />Hazardous Clean-up Remediation (the "Work") in accordance with this Agreement, Bid <br />Documents, scope of work and project specifications (including all addendum to the bid <br />documents) for Grand Theater Remediation Phase II attached hereto and incorporated <br />herein as Exhibit "A", and CONTRACTOR's Bid attached hereto and incorporated <br />herein as Exhibit "B" (hereinafter collectively referred to as the `Bid Documents".) <br />1.02 CONTRACTOR shall complete Work assigned under this Agreement within fourteen <br />(14) calendar days following City's Notice to Proceed. Additional time to complete the <br />Wark will be allowed by the CITY only in the instance of weather delays which make <br />performance impractical, as determined exclusively by and approved by the CITY. <br />Weather delays will be considered by the CITY only if requested immediately by the <br />CONTRACTOR. <br />1.03 CONTRACTOR Agrees to furnish all labor, materials and equipment necessary to <br />complete the Hazardous Materials Remediation Phase II Project at the Grand Theater, <br />Paris, Texas for a total cost of FORTY SEVEN THOUSAND FIVE HUNDRED <br />THIRTY NINE DOLLARS AND 65/100, ($47,539.65). CONTRACTOR must submit <br />invoices to CITY within thirty (30) days of completion of the Work. No additional <br />charges will be permitted unless approved in advance in writing by CITY as a change <br />order. No extra charges will be permitted for weather delays. CONTRACTOR will be <br />paid within thirty (30) days of receipt of invoice by CITY for Work completed in <br />conformance with this Agreement, the Bid Documents, and City Work Orders. Nothing <br />herein shall require CITY to expend more funds than that amount approved by the City <br />Council. <br />1.04 CONTRACTOR covenants and agrees that CONTRACTOR is an independent contractor <br />and not an officer, agent, servant, or employee of CITY; that CONTRACTOR shall have <br />exclusive control of and exclusive right to control the details of the Work performed <br />hereunder and all persons performing same, and shall be responsible for the acts and <br />omissions of its officers, agents, employees, contractors, subcontractors and consultants; <br />that the doctrine of respondeat superior shall not apply as between CITY and <br />CONTRACTOR, its officers, agents, employees, contractors, subcontractors, and <br />