2004-159-RES AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR REPLACEMENT OF THE SMITH CREEK BRIDGE ON COUNTY ROAD 32900

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Contract No.:COP/CEI-OOl CONTRACT FOR ENGINEERING SERVICES Lump Sum THIS CONTRACT FOR ENGINEERING SERVICES is made by and between The City of Paris, 150 SE 1st. Street, Paris, Texas 75460 , hereinafter called "City", and Clottev Enoineerino. Inc., at 108 Bonham Street. Suite 300. Paris. Texas 75460, hereinafter called"Engineer," for the purpose of contracting for engineering services. The services involve hydraulic design, bridge design and related services for the replacement of the collapsed Smith Creek bridge on CR 32900, Lamar County, as described in Attachment-B. WITNESSETH WHEREAS, the City has selected the Engineer to provide the needed services and the Engineer has agreed to provide the services subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows. AGREEMENT ARTICLE 1. SCOPE OF SERVICES: The City and the Engineer will furnish items and perform those services for fulfillment of the contract as identified in Attachment A, "Services to be Provided by the City" and Attachment B, "Services to be Provided by the Engineer". All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. ARTICLE 2. CONTRACT PERIOD. This contract becomes effective when fully executed by all parties hereto and it shall terminate no later than 5:00pm on September 30,2004, unless the contract period is: (1) modified by written supplemental agreement prior to the date of termination as set forth in Article 7, Supplemental Agreements; (2) extended due to a work suspension as provided for in Article 9, Paragraph C; or (3) otherwise terminated in accordance with Article 19, Termination. Any work performed or cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 3. COMPENSATION. A. Maximum Amount Payable. The maximum amount payable under this contract without modification is $15,000.00 (Fifteen Thousand Dollars), as shown in Attachment C, Fee Schedule. B. Basis of Payment. The basis of payment is identified in Attachment C, Fee Schedule. Reimbursement of costs incurred shall be in accordance with Attachment C, Fee Schedule. C. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of contract; and (2) be in accordance with Attachment C, Fee Schedule. Satisfactory progress of work shall be maintained as a condition of payment. ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Billing Statements. The Engineer shall request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly. B. Billing Statement. The billing statement shall show the contract number, the total amount earned to the date of submission, and the amount due and payable as of the date of the current billing statement. The Engineer's billing statement shall indicate if the work has been completed or if the billing is for partial completion of the work. 1 EXHIBIT A.