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2001-037-RES APPROVING/AUTHORIZING EXECUTION OF ADDENDUM NO TWO BETWEEN COP AND PARIS AND STORM RECONSTRUCTION SERVICES INC RESOLUTION NO. 2001-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF ADDENDUM NO. TWO TO THE EXISTING CONTRACT FOR EMERGENCY REMOVAL OF STORM DEBRIS IN THE CITY OF PARIS BETWEEN THE CITY OF PARIS AND STORM RECONSTRUCTION SERVICES, INC. TO PROVIDE AN EXTENSION OF THE ORIGINAL CONTRACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas, and Storm Reconstruction Services, Inc. have previously entered into a contract and Addendum No. One dated February 15, 2001, for emergency removal of storm debris in the City of Paris; and, WHEREAS, the aforesaid original agreement and addendum provided for a minimum of three (3) passes for removal of debris and a final completion date of all debris removal services of April 6, 2001; and, WHEREAS, the Contractor and the City deem it mutually beneficial to extend the final date for debris removal to April 30, 2001, with a completion date for all remaining authorized services of May 11, 2001, and to thereby authorize a minimum of one (1) additional pass through the City to assure a comprehensive removal of all debris, on the same terms and conditions as the original agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That Addendum No. Two, to the existing Original Contract and Addendum No. One, for Emergency Removal of Storm Debris from the City of Paris between the City of Paris and Storm Reconstruction Services, Inc., a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes, shall be and is hereby in all things approved, and the Mayor is hereby authorized to execute and the City Clerk to attest to said addendum. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 5th day of April, 2001. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ADDENDUM NUMBER TWO TO CONTRACT FOR EMERGENCY REMOVAL OF STORM DEBRIS FROM THE CITY OF PARIS, TEXAS The City of Paris, Paris, Texas, hereinafter referred to as CITY, and Storm Reconstruction Services, hereinafter referred to as CONTRACTOR, do hereby agree to this Addendum No. Two in revision of that Original Contract for Emergency Removal of Storm Debris, as subsequently amended by prior Addendum No. One, by and between CITY and CONTRACTOR, such changes to said contract as incorporated in this addendum to read as follows: 1. CONTRACTOR shall be and is hereby authorized to complete and shall be obligated to complete a minimum of one (1) additional pass through the city to collect debris from the rights-of- way, as the term "pass: is defined in the General Terms and Conditions, Part I, at page 5 of the Original Contract, and as the term "pass" is applied to the process of right-of-way debris removal as set out in the Original Contract in general, and specifically in paragraph III of the Specifications, Part II to the Original Contract. The additional pass authorized by this addendum shall begin the effective date of this Addendum No. Two, as provided herein, and shall be completed by or before April 30, 200 I; provided, however, Contractor shall complete all debris chipping in accordance with paragraph IX of the Specifications, Part II of the Original Contract, by or before May 11, 2001. Provided further, that the services to be provided under this Addendum shall not include removal of stumps, as specified in paragraph VII of Part II of the Specifications to the Original Contract, nor shall services be authorized for pruning as specified in paragraph III of Part II, Specifications, to the Original Contract. The additional services authorized under this addendum shall be performed in full conformance with the terms and provisions of the Original Contract, as amended by Addendum No. One to said contract. All requirements of the Original Contract and prior addendum, including especially those provisions related to the method, means, and procedure for the performance of the services, and the cost for said services, shall remain in full force and effect. 2. In accordance with the terms and provisions of this Addendum No. Two, CITY and CONTRACTOR have agreed to extend the time for completion set out in paragraph XVI of the Specifications to the Original Contract and as amended by Addendum No. One to the Original Contract as follows: "ALL DEBRIS REMOVAL SERVICES CONTRACTED UNDER THIS ADDENDUM NO. TWO, INCLUDING A MINIMUM OF ONE (l) ADDITIONAL PASS THROUGH THE CITY, SHALL BE COMPLETED BY OR BEFORE APRIL 30, 2001, AND ALL REMAINING SERVICES AUTHORIZED BY THIS ADDENDUM NO. TWO SHALL BE COMPLETED BY OR BEFORE MAY 11, 2001. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THESE SERVICES. " 3. All other terms and provisions of the Original Contract, prior Addendum No. One, and all attachments thereto, save and except as amended by this Addendum No. Two, shall remain in full force and effect. EXHIBIT A EXECUTED in duplicate originals by the parties hereto, to be effective the date of the last signature hereto. SIGNED this 5th day of April, 2001: CITY OF PARIS, PARIS, TEXAS Michael J. Pfiester ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney SIGNED this day of April, 2001. STORM RECONSTRUCTION SERVICES, INC., CONTRACTOR R. J. Crump, President ATTEST: