2010-130 RES AGREEMENTS FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING REGARDING PREPARATION OF EMERGENCY ACTION PLANS FOR LAKE CROOK AND LAKE GIBBONS

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AGREEMENT FOR PROIFESSIONAL SJERV]CCES This AGREEMENT 15 entered into by the City of Paris, a home-rule municipal corporatzon hereinafter called " CITY," and HAYTER ENGINEERTNG, TNC., a Texas corporation, acting herein through a duly authorized officer, herein called "ENGINEER," because CITY desires ENGINEER'S services in connection with engineering services for a dam hydrology and hydraulics analysis, including Emergency Action Plan, for Lake Gibbons. WTTNESSETH: For the mutual promises and benefits herein described, the parties agree as follows: 1. Term of AGREEMENT: This AGREEMENT shall become effective on the day it is executed, and shall continue in effect thereafter until the services provided for herern have been performed, or until terminated as provided herein. 2. Services to be Performed bv ENGINEER: Engineer shall diligently and timely perform the services described in the Scope of Services aitached hereto and incorporated herein by reference as Exhibit A. CITY may request additional services of any type normally rendered by ENGINEER. These will be called "Additional Services," and compensation shall be determined as per Section 3(b) hereof. Basic services during the construction period, if any such services are included in this AGREEMENT, are understood to be for the time of completion initially specified in the correspanding construction contract, and services beyond that time, including services as expert witness or assisting in litigation, or services due to failure of the CONTRACTOR to complete on time, witl be deerned additzonal services. 3. Compensation of ENGINEER: City shall pay ENGINEER as follows: (a) Emergency Actian Plan per attached Exhibit A Scope - Compensation of Engineer shail be $18,700. (b) CITY shall pay ENGINEER for additional services requested by CITY, at the hourly rates on Exhibit B hereto, plus reimbursable expenses. (c) ENGINEER may submit monthly statements for basic and additional services. These wiil be based upon ENGINEER'S estimate of servzces completed at the time, and CITY sha11 make prompt payments. If CITY fails to pay ENGINEER within sixty (64) calendar days of the receipt of ENGiNEER'S statement, the amounts due ENGINEER shall increase at the rate of one percent (1%) a manth. ENGINEERmay, after giving seven (7) days written notice to CITY, suspend services until paid. (d) In the event of termination by CITY, ENGINEER shall be entitled to payment for services rendered through receipt of termination notice.