2012-066 RES AWARDING CONTRACT TO NCM DEMOLITION AND REMEDIATION LP FOR GRAND THEATER HAZARDOUS MATERIALS REMEDIATION PHASE II PROJECT

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AGREEMENT FOR HAZARDOUS MATERIALS REMEDIATION GRAND THEATER STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THIS AGREEMENT is entered into by and between the City of Paris, Texas, a home rule municipal corporation, hereinafter called "CITY," and NCM Demolition and Remediation, LP with main offices located at 9090 N. Stemmons, Suite C, Dallas, Texas 75247; hereinafter called "CONTRACTOR", effective as of June 25, 2012. 1.01 CITY employs CONTRACTOR to perform and CONTRACTOR agrees to perform Hazardous Clean-up Remediation (the "Work") in accordance with this Agreement, Bid Documents, scope of work and project specifications (including all addendum to the bid documents) for Grand Theater Remediation Phase II 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 fourteen (14) 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 all labor, materials and equipment necessary to complete the Hazardous Materials Remediation Phase II Project at the Grand Theater, Paris, Texas for a total cost of FORTY SEVEN THOUSAND FIVE HLTNDRED THIRTY NINE DOLLARS AND 65/100, ($47,539.65). 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 ~ "