07-Professional services with Hayter Engineering
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
12/16/10 Doug Harris,
Council Date: Utilities Director of Utilities 7.
12/20/10
RECOMMENDED MOTION:
Move to approve a Resolution authorizing two professional services agreements with Hayter
Engineering, Inc. for engineering services related to the inspection of the dams at Lake Crook and Lake
Gibbons and the preparation of Emergency Action Plans; and authorizing the Mayor to negotiate and
execute all necessary documents.
POLICY ISSUE(S):
Required by TCEQ; Public safety
BACKGROUND:
The Texas Commission on Environmental Quality (TCEQ) Dam Safety Program requires the City of
Paris to submit Emergency Action Plans (EAPs) for the event or threat of a dam emergency, in
accordance with 30 TAC § 299.61 (a). The City of Paris, as owner of Lake Crook and Lake Gibbons
dams, is required to submit these EAPs. The deadline for submittal of the EAPs is January 1, 2012, and
Hayter Engineering, Inc. anticipates 11 months to complete the EAPs.
The fee for Lake Crook is $37,300.00 and Lake Gibbons is $18,700.00. Payment for services will be
extended over the eleven (11) month project timeline.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution; Agreement For Professional Services related to Lake Crook; Agreement For Professional
Services related to Lake Gibbons; TCEQ letter ranting an extension of EAP submittals.
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $37,300.00 - Lake Crook;
❑ Department Report ® Resolution $18,700.00 - Lake Gibbons
❑ Presentation ❑ Ordinance Budgeted Amt. $2,500.00
❑ Public Hearing ❑ Other YTD Actual $ 350.00
Acct. Name Consultants
Acct. Number 10-0318-82-00
FISCAL NOTES:
The water treatment plant bridges (10-0902-82-98 ) will come in under budget enough to cover the
expense of the EAPs.
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ® Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ® Utilities
City of Paris Revised 2/04/08
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DRAFT
S:\RESWORK\CURRENT\TCEQ EPA for Lakes Crook and Gibbons Awarded to Hayter Engineering RES 2010.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE EXECUTION OF TWO (2) AGREEMENTS FOR
PROFESSIONAL SERVICES WITH HAYTER ENGINEERING, INC. FOR
ENGINEERING SERVICES REGARDING THE PREPARATION OF
EMERGENCY ACTION PLANS FOR LAKE CROOK AND LAKE GIBBONS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Commission on Environmental Quality Dam Safety Program
requires the City of Paris to submit Energy Action Plans for the event or threat of a dam
emergency, in accordance with 30 TAC § 299.61(a); and,
WHEREAS, the City of Paris, as owner of Lake Crook and Lake Gibbons dams, is
required to submit these Energy Action Plans; and,
WHEREAS, Hayter Engineering, Inc. has been selected to provide the on-site
assessment analysis and Energy Action Plan for Lake Crook and Lake Gibbons and
anticipates eleven (11) months to complete the project, at a cost of 37,300.00 for Lake
Crook and $18,700.00 for Lake Gibbons; and,
WHEREAS, it is in the best interest of the City of Paris and its citizens to authorize
the execution of Professional Service Agreements with Hayter Engineering in the form
attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. The Professional Services Agreement with Hayter Engineering, Inc. for
the engineering services for compliance with Texas Commission of Environmental Quality
Dam Safety Program is hereby approved in the form of Exhibit A attached hereto.
Section 3. The City Manager be, and he is hereby authorized and directed to
execute, on behalf of the City of Paris, any and all documents necessary for the project.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 20th day of December, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation
hereinafter called " CITY," and HAYTER ENGINEERING, INC., 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 Crook.
WITNESSETH:
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 herein have
been performed, or until terminated as provided herein.
2. Services to be Performed by ENGINEER: Engineer shall diligently and timely perform the
services described in the Scope of Services attached 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
corresponding 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, will be deemed additional services.
3. Compensation of ENGINEER: City shall pay ENGINEER as follows:
(a) Emergency Action Plan per attached Exhibit A Scope - Compensation of Engineer
shall be $37,300.
(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
will be based upon ENGINEER'S estimate of services completed at the time, and
CITY shall make prompt payments. If CITY fails to pay ENGINEER within sixty
(60) calendar days of the receipt of ENGINEER'S statement, the amounts due
ENGINEER shall increase at the rate of one percent (1 a month. ENGINEER may,
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.
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EXHIBIT
(e) "Reimbursable expenses" include, but are not limited to, long distance telephone,
postage, equipment, expendables, mileage, subcontractors or special consultants,
freight, testing fees, copies, and blueprints. Where special consultants or
subcontractors are used as additional services, the ENGINEER'S reimbursement
shall include a service charge equal to 5% of the subcontractor's invoice amount.
4. Services to be Performed by CITY: CITY shall: (i) provide ENGINEER with any previous
studies, reports, data, budget constraints, special OWNER requirements, or other pertinent
information known to CITY; (ii) ensure access for the ENGINEER to properties necessary
for performance of the ENGINEER'S work; (iii) provide legal, accounting, or insurance
consultants, financial advisors or other similar specialists as required for the project; (iv)
make prompt payments in response to ENGINEER'S statements; and (v) respond in atimely
fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use,
without independent verification and without liability, all information and services provided
by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service
in the project area.
5. Termination: The obligation to provide further services under this AGREEMENT maybe
terminated by either party upon ten (10) calendar days written notice, in the event of
substantial failure by the other party to perform in accordance with the terms hereof.
6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for
the specific project contemplated under this AGREEMENT. They are not intended for reuse
on extensions of that project, or on any other project. Any reuse without written verification
or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and
without liability to ENGINEER.
7. Notices: Any notices to be given hereunder by either party to the other may be effected
either by personal delivery, in writing, or by registered or certified mail.
8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or
benefits to anyone except the CITY and ENGINEER, and contains the entire agreement
between the parties. Oral modifications to this agreement shall have no force or effect.
9. Texas Law to Apply; Successors; Construction: This AGREEMENT shall be construed
under and in accordance with the laws of the State of Texas. It shall be binding upon, and
inure to the benefit of, the parties hereto and their representatives, successors and assigns.
Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable,
they shall be deemed void, and this AGREEMENT shall be construed as if such provision
had never been contained herein.
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10. Other Provisions: The parties hereto further agree as follows:
(a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its
officers, agents and employees harmless from and against all damager, injuries
(including death), claims, property damages (including loss ofuse), losses, demands,
suits, judgments and costs, including reasonable attorney's fees and expenses, in any
way arising out of, related to, or resulting from the services provided by ENGINEER
but only to the extent caused by the negligent act or omission or intentional wrongful
act or omission of ENGINEER, its officers, agents, employees, subcontractors,
licensees, invitees or anyother third parties for whom Engineer is legally responsible
(hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all
such Claims.
(b) Any opinion of the probable construction cost prepared by the ENGINEER represents
only his judgment as a design professional and is supplied for the general guidance of
the CITY. Since the ENGINEER has no control over the cost of labor and material,
or many other factors, the ENGINEER does not imply nor guarantee the accuracy of
such opinions. If the OWNER elects to redesign or rebid the project to reduce costs,
ENGINEER'S services for such rebidding or redesign shall be additional services.
(c) The ENGINEER has not been retained or compensated to provide design and
construction review services relating to any construction contractor's safety
precautions or to means, methods, techniques, sequences, or procedures required for
the contractor to perform his work, but not relating to the final or completed
structure. The ENGINEER does not in any manner guarantee the performance of the
construction contractors.
(d) ENGINEER will strive to perform services hereunder in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession
currently practicing in the same locality under similar conditions. No other
representation, express or implied, and no warranty or guarantee is included or
intended in this AGREEMENT, or in any report, opinion, document, or otherwise.
(e) Delivery of Electronic Files - In accepting and utilizing any drawings, reports and
data on any form of electron media from the ENGINEER, Owner agrees that such
files are instruments of service of the ENGINEER, solely for this particular Project.
The Owner agrees not to reuse these electronic files for any purpose other than of the
Project. The Owner agrees to waive all claims against the ENGINEER resulting from
any unauthorized changes to or reuse of the electronic files for any other project.
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67
Electronic files furnished by either party shall be subject to an acceptance period of
sixty (60) days. After the acceptance period, the electronic files shall be deemed to be
accepted and neither party shall have any obligation to correct errors or maintain
electronic files.
In the event of a conflict between the hard-copy construction documents and record
drawings prepared by the ENGINEER and the electronic files, the signed and sealed
hard-copy construction documents shall govern.
In addition, the CITY agrees, to the fullest extent permitted by law, to release the
ENGINEER, its officers, directors, employees and subconsultants against all
damages, liabilities or costs, including reasonable attorneys' fees and defense costs,.
arising from any changes made by anyone other than the ENGINEER or from any
reuse of the electronic files.
(f) Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an
independent contractor and not an officer, agent, servant or employee of CITY; that
ENGINEER 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 ENGINEER, its officers, agents, employees, contractors,
subcontractors and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
(g) No Assignment. ENGINEER covenants and agrees that during the term of this
agreement, the services to be provided hereunder remain the sole responsibility of
ENGINEER, and that ENGINEER shall not during the term of this agreement assign,
subcontract, or in any other way authorize or retain other parties to provide such
services without the express written consent of CITY.
(h) Venue. The parties agree that the laws of the State of Texas shall govern this
Agreement, and that all aspects of this Agreement are performable in Lamar
County, Texas. Exclusive venue for any claim or lawsuit arising out of or related
to this Agreement shall lie in Lamar County, Texas.
11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized
parties for both CITY and ENGINEER.
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68
IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on
the day of November , 2010.
ENGINEER: HAYTER ENGINEERING, INC. OWNER: CITY OF PARIS
By: A1~ - L~ t By:
ATTEST: ATTEST:
(Corporate Seal) (Seal)
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EXHIBIT A
Scope of Services
• On-site assessment of Lake Crook dam.
• Hydrologic and hydraulic analysis of Lake Crook dam, including breach analysis and
inundation map preparation.
• Operations and maintenance plan for Lake Crook dam.
• Surveying of cross sections downstream of dam (approximately 9 locations).
• Determine residences and other critical structures within the inundation area. Collect names,
phone numbers, and addresses for inclusion in the EAP.
• Additional surveying as may be necessitated by the H&H analysis.
• Attain bridge data on the HWY 271 crossing from TxDOT.
• Survey the railroad bridge downstream of Lake Crook.
• Preparation of the final report complete with recommendations.
• Prepare a final report and present the findings to the appropriate city officials.
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EXHIBIT B
Schedule of Per Diem Rates
March 2009
Personnel Hourly Rates
Principals 140.00
Project Managers 115.00
Project Engineer 80.00
Intern Engineers 75.00
Senior Technicians 68.00
CAD Technician 45.00
Draftsmen 27.00
Administrative Assistant 42.00
Environmentalist 50.00
On-Site Observer 45.00
Surveyor 85,00
Survey Technician 40.00
Survey Crew - 2 Man Party 85.00
Survey Crew - 3 Man Party 125.00
This Schedule of hourly rates may be modified by the ENGINEER at his discretion. Time billed for
per diem rate services shall be in minimum increments of %4 hour.
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is entered into by the City of Paris, a home-rule municipal corporation
hereinafter called " CITY," and HAYTER ENGINEERING, INC., 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.
WITNESSETH:
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 herein have
been performed, or until terminated as provided herein.
2. Services to be Performed by ENGINEER: Engineer shall diligently and timely perform the
services described in the Scope of Services attached 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
corresponding 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, will be deemed additional services.
3. Compensation of ENGINEER: City shall pay ENGINEER as follows:
(a) Emergency Action Plan per attached Exhibit A Scope - Compensation of Engineer
shall 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
will be based upon ENGINEER'S estimate of services completed at the time, and
CITY shall make prompt payments. If CITY fails to pay ENGINEER within sixty
(60) calendar days of the receipt of ENGINEER'S statement, the amounts due
ENGINEER shall increase at the rate of one percent (1 a month. ENGINEER may,
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.
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72
(e) "Reimbursable expenses" include, but are not limited to, long distance telephone,
postage, equipment, expendables, mileage, subcontractors or special consultants,
freight, testing fees, copies, and blueprints. Where special consultants or
subcontractors are used as additional services, the ENGINEER'S reimbursement
shall include a service charge equal to 5% of the subcontractor's invoice amount.
4. Services to be Performed by CITY: CITY shall: (i) provide ENGINEER with any previous
studies, reports, data, budget constraints, special OWNER requirements, or other pertinent
information known to CITY; (ii) ensure access for the ENGINEER to properties necessary
for performance of the ENGINEER'S work; (iii) provide legal, accounting, or insurance
consultants, financial advisors or other similar specialists as required for the project; (iv)
make prompt payments in response to ENGINEER'S statements; and (v) respond in a timely
fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use,
without independent verification and without liability, all information and services provided
by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service
in the project area.
5. Termination: The obligation to provide further services under this AGREEMENT may be
terminated by either party upon ten (10) calendar days written notice, in the event of
substantial failure by the other party to perform in accordance with the terms hereof.
6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for
the specific project contemplated under this AGREEMENT. They are not intended for reuse
on extensions of that project, or on any other project. Any reuse without written verification
or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and
without liability to ENGINEER.
7. Notices: Any notices to be given hereunder by either party to the other may be effected
either by personal delivery, in writing, or by registered or certified mail.
8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or
benefits to anyone except the CITY and ENGINEER, and contains the entire agreement
between the parties. Oral modifications to this agreement shall have no force or effect.
9. Texas Law to Apply; Successors; Construction: This AGREEMENT shall be construed
under and in accordance with the laws of the State of Texas. It shall be binding upon, and
inure to the benefit of, the parties hereto and their representatives, successors and assigns.
Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable,
they shall be deemed void, and this AGREEMENT shall be construed as if such provision
had never been contained herein.
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73
10. Other Provisions: The parties hereto further agree as follows:
(a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its
officers, agents and employees harmless from and against all damager, injuries
(including death), claims, property damages (including loss of use), losses, demands,
suits, judgments and costs, including reasonable attorney's fees and expenses, in any
way arising out of, related to, or resulting from the services provided by ENGINEER
but only to the extent caused by the negligent act or omission or intentional wrongful
act or omission of ENGINEER, its officers, agents, employees, subcontractors,
licensees, invitees or anyother third parties for whom Engineer is legally responsible
(hereinafter "Claims"). ENGINEER is expressly required to defend CITY against all
such Claims.
(b) Any opinion of the probable construction cost prepared by the ENGINEER represents
only his judgment as a design professional and is supplied for the general guidance of
the CITY. Since the ENGINEER has no control over the cost of labor and material,
or many other factors, the ENGINEER does not imply nor guarantee the accuracy of
such opinions. If the OWNER elects to redesign or rebid the project to reduce costs,
ENGINEER'S services for such rebidding or redesign shall be additional services.
(c) The ENGINEER has not been retained or compensated to provide design and
construction review services relating to any construction contractor's safety
precautions or to means, methods, techniques, sequences, or procedures required for
the contractor to perform his work, but not relating to the final or completed
structure. The ENGINEER does not in any manner guarantee the performance of-the
construction contractors.
(d) ENGINEER will strive to perform services hereunder in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession
currently practicing in the same locality under similar conditions. No other
representation, express or implied, and no warranty or guarantee is included or
intended in this AGREEMENT, or in any report, opinion, document, or otherwise.
(e) Delivery of Electronic Files - In accepting and utilizing any drawings, reports and
data on any form of electron media from the ENGINEER, Owner agrees that such
files are instruments of service of the ENGINEER, solely for this particular Project.
The Owner agrees not to reuse these electronic files for any purpose other than of the
Project. The Owner agrees to waive all claims against the ENGINEER resulting from
any unauthorized changes to or reuse of the electronic files for any other project.
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Electronic files furnished by either parry shall be subject to an acceptance period of
sixty (60) days. After the acceptance period, the electronic files shall be deemed to be
accepted and neither party shall have any obligation to correct errors or maintain
electronic files.
In the event of a conflict between the hard-copy construction documents and record
drawings prepared by the ENGINEER and the electronic files, the signed and sealed
hard-copy construction documents shall govern.
In addition, the CITY agrees, to the fullest extent permitted by law, to release the
ENGINEER, its officers, directors, employees and subconsultants against all
damages, liabilities or costs, including reasonable attorneys' fees and defense costs,.
arising from any changes made by anyone other than the ENGINEER or from any
reuse of the electronic files.
(f) Independent Contractor. ENGINEER covenants and agrees that ENGINEER is an
independent contractor and not an officer, agent, servant or employee of CITY; that
ENGINEER 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 ENGINEER, its officers, agents, employees, contractors,
subcontractors and consultants, and nothing herein shall be construed as creating a
partnership or joint enterprise between CITY and ENGINEER.
(g) No Assignment. ENGINEER covenants and agrees that during the term of this
agreement, the services to be provided hereunder remain the sole responsibility of
ENGINEER, and that ENGINEER shall not during the term of this agreement assign,
subcontract, or in any other way authorize or retain other parties to provide such
services without the express written consent of CITY.
(h) Venue. The parties agree that the laws of the State of Texas shall govern this
Agreement, and that all aspects of this Agreement are performable in Lamar
County, Texas. Exclusive venue for any claim or lawsuit arising out of or related
to this Agreement shall lie in Lamar County, Texas.
11. Amendments to this contract shall be in writing, and be signed by the appropriate authorized
parties for both CITY and ENGINEER.
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75
IN WITNESS WHEREOF, the parties, having read and understood this AGREEMENT, have
executed such in duplicate copies, each of which shall have full dignity and force as an original, on
the day of November , 2010.
ENGINEER: HAYTER ENGINEERING, INC. OWNER: CITY OF PARIS
By: By:
ATTEST: ATTEST:
(Corporate Seal) (Seal)
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EXHIBIT A
Scope of Services
• On-site assessment of Lake Gibbons dam.
• Hydrologic and hydraulic analysis of Lake Gibbons dam, including breach analysis and
inundation map preparation.
• Operations and maintenance plan for Lake Gibbons dam.
• Surveying of cross sections downstream of dam (approximately 5 locations).
• Determine residences and other critical structures within the inundation area. Collect names,
phone numbers, and addresses for inclusion in the EAP.
• Additional surveying as may be necessitated by the H&H analysis.
• Preparation of the final report complete with recommendations.
• Prepare a final report and present the findings to the appropriate city officials.
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77
EXHIBIT B
Schedule of Per Diem Rates
March 2009
Personnel Hourly Rates
Principals 140.00
Project Managers 115.00
Project Engineer 80.00
Intern Engineers 75.00
Senior Technicians 68.00
CAD Technician 45.00
Draftsmen 27.00
Administrative Assistant 42.00
Environmentalist 50.00
On-Site Observer 45.00
Surveyor 85.00
Survey Technician 40.00
Survey Crew - 2 Man Parry 85.00
Survey Crew - 3 Man Party 125.00
This Schedule of hourly rates may be modified by the ENGINEER at his discretion. Time billed for
per diem rate services shall be in minimum increments of 1/4 hour.
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78
Bn-an W. Shaw, Ph.D., Chairman
Buddy Garcia, Commissioner
Carlos Rubinstein, Coin rnissioner
Mark R. Vickery, P.C., Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texus by Reducing and Preventing Pollution
December 7, 2010
Michael N. Tibbets, P.E.
Project Manager
Hayter Engineering
4445 S.E. Loop 286
Paris, TX 75460
Re: Emergency Action Plans (EAPs)
Lake Crook Dam - Inventory No. TXo1841
Lake Gibbons Dam - Inventory No. TXo1840
Dear Mr. Tibbets:
On December 6, 2010, the Texas Commission on Environment Quality (TCEQ) Dam
Safety Program received an extension request for the Emergency Action Plan (EAP) for
the above referenced dams. In accordance with Title 3o Texas Administrative Code
(TAC) Chapter 299 Dams and Reservoirs (effective January 1, 2009), the request was
reviewed and an extension has been granted.
According to 3o TAC §299.61 (d), "If an owner cannot complete the emergency action
plan within the two years required in subsection (b) of this section, the owner shall
request an extension of time showing cause or a reasonable basis for the need for an
extension and providing a time frame to complete." A complete PDF format of 3o TAC
Chapter 299 can be found on the TCEQ website at hn://www.tceq_state.tx.us_/rulesJ
Based on the timeline submitted with your request, the EAP submittal deadline has
been extended to January 1, 2ox2. The TCEQ appreciates your cooperation with the
preparation of the EAP. Should you have any questions or concerns, please feel free to
contact Diana Wang, P.E. at (512) 239-1372 or Jennifer Garcia, P.E. at (512) 239-0433-
Sincerely,
Diana H. Wang, P.E.
Engineer, Dam Safety Se ion
Field Operations Support Division, MC -114
P.O. Box 13087 Austin, Texas 78711-3057 512-239-1000 Internet address: wrovw.tceq.state.tx.us
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