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Contract - Halff Associates, Inc. - 10/12/2023 STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL CONTRACT NO. 3 TO CONTRACT FOR ENGINEERING SERVICES FIRM: HALFF ASSOCIATES,INC. ("Engineer") ADDRESS: 9500 Amberglen Boulevard, Building F. Suite 125, Austin, TX 78729 PROJECT: Wyoming Springs Segment 1 This Supplemental Contract No. 3 to Contract for Engineering Services is made by and between the City of Round Rock,Texas,hereinafter called the"City"and Halff Associates,Inc.,hereinafter called the"Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract," on the 22nd day of August, 2019 for the Wyoming Springs Segment 1 Project in the amount of$546,776.54; and WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on January 14, 2021 to amend the scope of services and to increase the compensation by $1,641,846.00 to a total of $2,188,622.54; and WHEREAS,the City and Engineer executed Supplemental Contract No. 2 on November 12,2021 to amend the scope of services and to increase the compensation by $42,481.75 to a total of $2,231,104.29; and WHEREAS,it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $398,323.31 to a total of$2,629,427.60; NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: 1. Article 1, Citly Services and Exhibit A, City Services shall be amended as set forth in the attached Addendum To Exhibit A. I1. Article 2,Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum to Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum to Exhibit C. Supplemental Contract Rev.06/16 0199.1931;4875-5984-6783 84275 �Z-2DZ3-NI 1 III. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $398,323.31 the lump sum amount payable under the Contract for a total of $2,629,427.60, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF,the City and the Engineer have executed this Supplemental Contract in duplicate. HALFF ASSOCIATES,INC. By: Vice President 9/25/2023 Date Supplemental Contract Rev.06/16 0199.1931;4875-5984-6783 84275 2 CITY OF ROUND ROCK APPROVED AS TO FORM: By: Craig NLrgan, ayor tephanie L. Sandre, City Attorney 10112 l Z3 Date Supplemental Contract Rev.06/16 0199.1931;4875-5984-6783 84275 3 ADDENDUM TO EXHIBIT A CITY SERVICES WYOMING SPRINGS SEGMENT 1 CONSTRUCTION PHASE SERVICES FROM CREEK BEND BLVD / BRIGHTWATER BLVD TO SAM BASS ROAD The City will furnish to the Engineer the following information and/or perform the following tasks: • Provide inspection, calls for testing, and testing of construction materials • Coordinate between contractor and Engineer • Handle monthly or regular meetings with contractor and review pay applications • Notify engineer if karst void solutions are found by the contractor • Coordinate and communicate project items and progress to other city departments, as appropriate Exhibit A Wyoming Springs Segment 1 ——Final Design and Permitting SC#2 Page 1 of 1 ADDENDUM TO EXHIBIT B ENGINEERING SERVICES WYOMING SPRINGS SEGMENT 1 CONSTRUCTION PHASE SERVICES FROM CREEK BEND BLVD / BRIGHTWATER BLVD TO SAM BASS ROAD For the scope of services for this contract, the Engineer shall provide professional services for Construction Phase Services. Engineer will provide services described in further detail as follows: Task 9 — Sam Bass Road Revisions 9.1 Project Administration • Continued administration, meetings, for extended project duration 9.2 Plan revisions to Sam Bass Road • Coordination with Williamson County, County General Engineering Consultant (GEC), County's Design Consultant, and City of Round Rock 9.3 Utility research and Quality Level B (QL-B) Subsurface Utility Engineering (SUE) designating of water lines • Researched drawings and field located the Aqua and Brushy Creek Municipal Utility District (BCMUD) water lines 9.4 Environmental documentation updates for Sam Bass Road project limits • Update to Regional Habitat Conservation Plan (RHCP) permit for expanded limits and Williamson County Conservation Foundation (WCCF) coordination • Field work for expanded limits • Update to documents for US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), and Texas Historic Commission (THC) coordination • Additional coordination with USACE and THC 9.5 Updated plans at the Brushy Creek bridge crossing for County Brushy Creek Regional Trail (BCRT) • Coordination with Williamson County's Design Consultant for meetings CAD files and design of Wyoming Springs grading and drainage to mesh with the Brushy Creek Regional Trail project Exhibit B Wyoming Springs Segment 1 —Final Design and Permitting SC#2 Page 1 of 7 9.6 Continued Utility Coordination • Coordination with BCMUD, Atmos, and Oncor for one year beyond original scope, including the coordination for the design and joint-bid structural cap over the Atmos gas crossing. 9.7 Biologic Assessment (BA) Update for revised Sam Bass Project limits BA update to be provided by Sub consultant SWCA Task 10 — Construction Phase Environmental Services The proposed project intends to construct a new roadway crossing, which will require partial dewatering of an impoundment of Dry Fork Creek within the City of Round Rock, Texas (30.529953, -97.723439). Under current regulatory guidance, the Texas Parks and Wildlife Department (TPWD) regulates any activity that may result in a loss of aquatic life. To minimize impacts to protected aquatic biota, TPWD requires the development and execution of an Aquatic Resource Relocation Plan (ARRP). Components of an ARRP include concentrated efforts to survey for, and relocate (if found), freshwater mussels, fishes, turtles, and crayfish (herein collectively referred to as "aquatic life"). Halff maintains specialized biologists (Stream Ecologist) with the necessary scientific permits to survey for, collect, and relocate the above-mentioned taxa as part of ARRP activities. TPWD is particularly concerned with declining freshwater mussel populations and has special relocation procedures for this taxon. The intensity of mussel survey and relocation efforts are generally defined by what may be found within a given stream reach. Under current regulatory guidance, TPWD maintains a spatial dataset which groups streams, or in some cases stream segments, into five distinct stream groupings based on known mussel fauna and state/federal- listing status. Currently, mussel stream groupings do not list Dry Fork Creek within the current dataset. Additionally, as an impoundment of a riverine feature, current regulatory guidance states that methodology for recovery and relocation of freshwater mussels should match expected freshwater mussel occupancy and diversity. To determine ARRP requirements, Halff discussed the proposed project with a TPWD Kills and Spills Biologist on 3/24/2023. TPWD indicated that since the impoundment was not included in a stream grouping and is unlikely to include any listed aquatic fauna, ARRP methodology could consist of monitoring the site during active dewatering to move stranded aquatic life to another nearby impoundment upstream of the proposed project area. Therefore, an ARRP will be developed, which includes methodology for the recovery and relocation of stranded aquatic life during active dewatering, in addition to implementation of best management practices necessary to prevent unnecessary losses of aquatic life and to avoid compliance issues with TPWD. This process, in its entirety, is partitioned into the tasks described on subsequent pages of this document. 10.1 Coordination and ARRP Development Development and maintenance of effective communication between the City, Halff, government agencies, and the Contractor will be a key factor in achieving successful and expedient project completion. Halff will provide the City guidance and assist with agency staff coordination via e-mail and up to three (3) conference calls. This task also includes development of the ARRP, as coordination with agency staff and the Exhibit B Wyoming Springs Segment 1 —Final Design and Permitting SC#2 Page 2 of 7 City is necessary to develop the ARRP and application for a TPWD Introduction Permit. Deliverables: ■ Electronic copies of meeting minutes from conference calls ■ Electronic copies of the Aquatic Resource Relocation Plan and TPWD Introduction Permit application 10.2 ARRP Field Relocations Following the competition of Task 10.1, Halff will be on site with the Contractor during dewatering efforts to collect, enumerate, and relocate stranded aquatic life to prevent losses of these protected aquatic resources and prevent compliance issues with state/federal agencies. Halff will assume reporting of aquatic life authorized under the scientific research permit of the Stream Ecologist. This Task includes acquiring a TPWD-issued Introduction Permit. Deliverable: • Electronic copies of field notes/data collected while assisting with the aquatic life relocation effort 10.3 ARRP Reporting Following the competition of Task 10.2, Halff will produce both a relocation report to satisfy regulatory requirements with TPWD. This report will be submitted to the Client and TPWD. Deliverable: ■ Electronic copies of the Aquatic Resource Relocation Report 10.4 Solution Feature Evaluations • Solution cavity evaluations and reporting for the Texas Commission on Environmental Quality (TCEQ) will be handled by subconsultant SWCA (handling of 5 features is budgeted) Deliverable: ■ Report submitted to TCEQ in accordance with Edwards Aquifer regulations EXCLUSIONS/OTHER ITEMS NOT INCLUDED IN THE PROJECT SCOPE ■ Task 10.1 does not include in-person meetings. ■ This scope does not include laboratory identification (i.e., DNA or other) of freshwater mussels. ■ Post-relocation monitoring of aquatic species, if required, is not included within this scope of work. • Halff personnel maintain a Scientific Permit for Research (SPR) with specific authority to collect and relocate most aquatic organisms, including state-listed fishes and mussel, in the state of Texas. It is anticipated that all species which may be encountered within the proposed project area are authorized under the aforementioned permit; however, should Exhibit B Wyoming Springs Segment 1 —Final Design and Permitting SC#2 Page 3 of 7 an organism be encountered which is not authorized under the permit, all activities will be stopped and the applicable state agency will be contacted for next steps. • The Stream Ecologist does not maintain a federal permit at this time and any collection/handling/relocation of any federally-listed species will be done under the direction of the federally-permitted individual selected by the City (if applicable). • While the presence of state or federally-listed mussels and/or fish is not anticipated, additional protocols and regulations may apply if an undocumented population of federal or state list species is found. An additional scope and fee will be produced should any additional effort be required to comply with state and/or federal regulations concerning protected wildlife. ASSUMPTIONS ■ Locations within the project area are on city right-of-way, and right of entry/access will be provided to Halff. ■ ARRPs require a TPWD-issued Introduction Permit. Once the permit is issued, the permit is active for 30 days before the permit expires and another permit must be issued. The City will coordinate with Halff at least 30 days in advance to conduct ARRP activities and allow sufficient time for coordination with TPWD. ■ The City will coordinate with Halff regarding the timing and methodology of the proposed ARRP and mussel relocation activities. • It is estimated that Task 10.2 activities would require three (3) ten (10)-hour days (each) by the Stream Ecologist and two (2) Unpermitted Assistants (other Halff biologists) to complete. Should additional field days be required per TPWD recommendation, or in the event of discovery of a significant freshwater mussel bed, or to prevent unnecessary losses of other aquatic life from the proposed activities, these additional services would be completed under a separate scope of work. ■ TPWD expects that the holder of the Scientific Permit for Research (Halff's Stream Ecologist) use field data and results, species vouchers (live-captured specimens, specimens found dead, mussel valves, etc.), photographs, and reports for scientific research, the results of which may be used for, but not limited to, presentations and published in publicly available, peer-reviewed, scientific journals. LIMITATIONS ■ The exact timing of the aquatic life relocation activities will be dependent upon conditions within the impoundment, (i.e., flow levels, etc.), other weather-related conditions, and other potential issues and/or concerns provided by the City or Halff. Due to the anticipated presence of various hazardous conditions within the project area (i.e., potential obstacles in the waterways, temperature, etc.), field activities will be conducted only when conditions are deemed safe. ■ In the event that aquatic life are harmed or killed during recovery and/or relocation efforts, Halff will not be held liable. Halff will use best management practices and will conduct recovery and relocation activities in accordance with the TPWD-approved ARRP submitted by the City. Task 11 — Construction Administration (CA) Services 11.1 Project administration • Monthly invoicing, progress reports, sub and staff management Exhibit B Wyoming Springs Segment 1 —Final Design and Permitting SC#2 Page 4 of 7 11.2 Preconstruction Meeting • Engineer will attend and present at a preconstruction meeting at the city 11.3 Construction site visits • Engineer will visit the site when requested (10 visits budgeted) 11.4 Structural Engineer CA Services • Bridge and wall submittals and RFIs will be handled by subconsultant Aguirre and Fields 11.5 Submittal and shop drawing reviews • Review contractor material submittals, provide shop drawing reviews, and track/log all submittals 11.6 Submittal and shop drawing reviews (signal plans) • Signalization submittals and RFIs will be handled by subconsultant BGE 11.7 Responses to Requests for Information (RFIs) and questions • Engineer will respond to contractor RFIs and track all RFIs in a log 11.8 Change order reviews and coordination • Engineer will review any change orders submitted by contractor 11.9 Drawing revisions for owner directed field changes • As needed, provide minor drawing revisions for field changes or small karst solution cavity treatments, if encountered 11.10 Utility coordination, if required • Engineer will coordinate with utility companies if unforeseen conflicts are discovered during construction 11.11 Walk-through, punch list, and follow up • Engineer will walk the project with city inspector, record deficiencies and provide punch-list of items needing correction/attention by contractor 11.12 Record Drawings • Engineer will provide record drawings to the city, based on plan redlines from inspector, contractor, and field changes 11.13 Close-out • Engineer will provide standard documentation to the city for closing out the project with the contractor. Task 12 — Post Construction Letter of Map Revision (LOMR) 12.1 Prepare LOMR Submittal i. Prepare LOMR submittal package for Brushy Creek for the 10-year, 50- year, 100-year, 500-year, and ultimate 100-year frequency storm events and Dry Fork for the 100-year and 500-year frequency storm events based on the Upper Brushy Creek Federal Emergency Management Agency(FEMA)effective models provided by the City. These models are considered to be the best available data at this time. ii. Record Drawings to be provided by Halff Public Works for inclusion with the LOMR submittal. iii. Prepare effective, corrected effective, pre-project, and post project hydrology and hydraulic models and run cHECk-RAS for all HEC-RAS models. iv. Prepare exhibits and tables showing floodplain tie-in points upstream and downstream of the proposed project. Exhibit B Wyoming Springs Segment 1—Final Design and Permitting SC#2 Page 5 of 7 v. Update hydrology, flood profiles, and floodway data tables in the FIS as needed. vi. Prepare MT-2 FEMA forms for LOMR submittal to City and FEMA. vii. Submit LOMR to City Floodplain Administrator for review and approval. This scope assumes one (1) meeting with the City Floodplain Administrator. viii. Submit LOMR to Williamson County Floodplain Administrator for review and approval. This scope assumes one (1) meeting with the County Floodplain Administrator. ix. Submit LOMR to FEMA for review and approval. A FEMA review fee is required upon submittal to FEMA and will be submitted on Halffs invoice as a pass-through expense to be paid by the City. x. Coordinate up to two (2) iterations with FEMA reviewers. 12.2 Coordination with City Floodplain Administrator (FPA) • Engineer will coordinate with City of Round Rock's Floodplain administrator 12.3 Coordination with County FPA • The Engineer will coordinate with Williamson County's Floodplain administrator 12.4 Coordination with FEMA Reviewer • The Engineer will coordinate with FEMA for the submittal, review, and acceptance of the LOMR 12.5 Bridge Survey Bridge 1 - Dry Fork Bridge, as shown on the Wyoming springs at Dry Fork Creek bridge layouts. Bridge 2 — Brushy Creek Bridge as shown on the Wyoming Springs at Brushy Creek Bridge Layouts. The Engineer will perform a bridge feature survey of the subject bridges(s) in accordance with the FEMA November 2021 Guidance for Flood Risk Analysis and Mapping Data Capture-workflow Details. The following specific services will be provided: • Survey data shall be collected according to section 6 • Obtain photos Per section 6.1 • Create sketches per section 6.2 • Create survey field notes as per 6.4.1 • Aerial or mobile LiDAR and conventional survey methods may be used for data collection. • Process field collected data for field survey. • Perform quality control for survey requirements. • Provide a comma delimited text file as per section 6.3 12.6 FEMA LOMR Fee • Engineer will pay the LOMR fee and bill for reimbursement from the city Exhibit B Wyoming Springs Segment 1 —Final Design and Permitting SC#2 Page 6 of 7 EXHIBIT B OVERALL SUMMARY OF DELIVERABLES: • Final plans conforming to County plans at Sam Bass Road • Updated BA for review by USACE and USFWS • Reviewed contractor submittals • Responses to all RFIs • Monthly progress reports • Record Drawings • Letter of Map Revision (LOMR) to FEMA Services Excluded from this Scope of Services: • Public Involvement The Engineer will perform the services to be provided under this agreement out of Engineer's office(s) as listed below: Office Location Halff Austin (North) 13620 Briarwick Drive Suite 100 Austin, TX 78729 Sub-Consultants: Aguirre & Fields BGE SWCA Exhibit B Wyoming Springs Segment 1 —Final Design and Permitting SC#2 Page 7 of 7 ADDENDUM TO EXHIBIT C WORK SCHEDULE Attached Behind This Page WYOMING SPRINGS PROJECT SCHEDULE CITY OF ROUND ROCK HALFF AVO:36179.002 2023 2024 2025 PROJECT TASKS JULY AUG SEPT OCTNOV DEC JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JULY AUG SEPT OCT NOV DEC COUNCIL AWARD OF CONSTRUCTION SERVICES USACE&USFWS APPROVAL BCMUD WATERLINE INTO BID DOCUMENTS CLOMR SUBMITTAL CLOMR REVIEW/APPROVAL BY FEMA LOMR PREP AND SUBMITTAL TO FEMA WPAP/SCS SUBMITTAL WPAP/SCS REVIEW/APPROVAL BY TCEQ UTILITY COORDINATION UTILITY RELOCATION BIDDING;CONTRACTING CONSTRUCTION 1 0:"o; ADDENDUM TO EXHIBIT D FEE SCHEDULE Attached Behind This Page ADDENDUM TO EXHIBIT D CONSTRUCTION PHASE SERVICES FEE SCHEDULE Fees to be billed on a hourly not to exceed basis, except as noted below. TASK 9 — Sam Bass Road revisions $ 97,310.91 (lump sum) TASK 10 — Environmental Services $ 59,220.00 (hourly) TASK 11 — Construction Administration $ 179,610.80 (hourly) TASK 12 — Letter of Map Revision $ 62,181.60 (hourly) TOTAL FEE $ 398,323.31 Exhibit D Wyoming Springs Segment 1 —Final Design and Permitting SC#2 88a888� �8H ss a H $88$H ;; � sflsi=t4 Hzz "= tz sas a flcsHzs � e s $ as 88 a a a 88 ;;;; 88a;; ;8;8,8;a 88 ;a £ X83 a $t! a $ sis43f�tt$'a n '�s; ; 9A efls_cfl � sca � flzs fl flsflsss g flcaxF t � i� 4axi4x fl xxs.r a.n.s.a_siesxt @sssR��R a a s a ; 8 8 B - - •H 8 ` R • g s �� S - H • i 8 i S4� BxaX 4; y A i - t 8 ddd � a i d 8 Ln.. :_ - __-____ _