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R-99-07-08-10C3 - 7/8/1999RESOLUTION NO. R- 99- 07- 08 -10C3 WHEREAS, the City of Round Rock has previously entered into a contract for engineering services ( "Contract ") with HDR Engineering, Inc. for the West Transmission Water Pipeline, Design Services, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 1 to the Contract to provide for an environmental assessment of the pipeline route and associated cultural resource evaluation, as more particularly described in the attached Amendment No. 1, and WHEREAS, the City Council desires to enter into said Amendment No. 1 to the Contract with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment No. 1 to the Contract with HDR Engineering, Inc. to provide for an environmental assessment of the pipeline route and associated cultural resource evaluation, a copy of said amendment being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. K \W PDOCS \RESOLITTI \R9O,00CC.WPD /scg ATTEST: RESOLVED this 8th day of July, 1999. LAND, City Secretary 2 City of Round Rock, Texas AMENDMENT No. 1 to the CONTRACT FOR ENGINEERING SERVICES between THE CITY OF ROUND ROCK and HDR ENGINEERING, INC. Dated March 25, 1999 This constitutes an Amendment to the Contract for Engineering Services — West Transmission Water Pipeline, Design for PROFESSIONAL SERVICES between the City of Round Rock "City" and HDR Engineering, Incorporated, of Austin, Texas (HDR) to perform environmental services for the preparation of bidding documents. HDR will retain Paul Price Associates. Inc. to complete environmental services required to address state and federal environmental regulatory issues. Specific tasks include wetland delineation, protected species habitat and cultural resources surveys and documentation. Paul Price Associates. Inc. is prepared to complete environmental services for the West Transmission Water Pipeline project described above on a not -to- exceed Per Diem basis in the amount of Nine Thousand Dollars ($9,000.00). The original contract total fees are Two Hundred Sixty Eight Thousand Two Hundred Dollars ($268,200.00). The new contract total fees including AMENDMENT No. 1 are Two Hundred Seventy Four Thousand Two Hundred Dollars ($277,200.00). The term of this Amendment shall commence on the signing date and continue in effect until such time as terminated in writing by either party. The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. The Engineer By: //D L K. Haney P.E. Executive Vice President Robert A. Stluka, Jr., Mayor Date: '7- Y- 99 GENERAL SIGNATORY WARRANTY Attachments: Scope of Services letter to be provided by Paul Price Associates, Inc dated June 18, 1999. June 17, 1999 Mr. Jim Yurczyk HDR Engineering, Inc. 2211 South IH35, Suite 300 Austin, Texas 78741 RE; Environmental Services for 24 -inch Water Transmission Line in Round Rock, Texas Dear Mr. Yurczyk, Paul Price Associates, Inc. is pleased to submit a scope of services for the environmental services to support a City of Round Rock Water Transmission Line. The City of Round Rock proposes to construct an estimated 20,000 linear foot 24 -inch diameter water transmission line in the Smith Creek watershed'. Preliminary plans include an 80 -foot wide construction easement with a 20 -foot permanent easement. The proposed line would cross two forested intermittent stream channels in an area that may include karst features, sinkholes and springs. Permits for this project may include National Pollution Discharge System (NPDES) General Permit for Storm Water Discharges from Construction Activities, Nationwide Permit No. 12 under Section 404 of the Clean Waters Act as administered by the U.S. Army Corps of Engineers. These permits require consideration of project impacts on federally protected species, wetlands, floodplains, the waters of the United States and cultural resources. Additionally, the State of Texas Antiquities code requires that cultural resources on public lands be protected. Cultural resources within the construction and permanent easement would be considered on public lands. Our environmental support services will focus on wetland issues and protected species. We propose to do the following: 1. A habitat survey and identification of potential protected species habitats 2. wetlands and waters of the United States identification 3. report finding in support of the necessary construction permits ervice etlan , an ' P to ted . s eci s Environmental We have performed several water system planning studies in the southwestern section of Williamson County and will use this information along with field collected data to prepare an environmental report. The field reconnaissance will determine the presence of endangered species habitat and the environmental resources of the water transmission line easement. Based on field reconnaissance and technical knowledge of permit issues Paul Price Associates, Inc. will prepare an environmental report that will address both state and federal environmental regulatory issues. Pflugerville West and Round Rock USGS 7 Minute Quadrants (512) 329 -0155 3006 Bee Caves Road Suite D -230 Austin, Texas 78746 -5541 Cultural Resources Final Report TX Historical Commission Review Cultural Resources Draft Report Cultural Resources Reporting Cultural Resources Field Survey Cultural Resources Permit Application Task 1 - Environmental Report Task 1 - Environmental Field Survey Task 1 Environmental Background 0 Estimated Schedule 20 40 60 80 Days 100 120 140 The wetlands delineation survey using the adopted COE methodology, Corps of Engineers Wetlands Delineation Manual, ADA 176 734. Technical Report Y- 87 -1. This technical manual provides the definitions and procedures to be used for identifying jurisdictional wetlands.' Waters of the United States are subject to Section 404 of the Clean Water Act (33 USC 1344) under which the U.S. Corps of Engineers (USCE) regulates the placement of dredged or fill material into the waters of the United States and adjacent wetlands. For purposes of the Clean Water Act the "Waters of the United States" includes tributaries and wetland of waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce. Environmental Support Services Wetlands and Protected Species Cost and Schedule Principal 1.0 man -hour Associate 20.0 man-hour Technician 40.0 man -hour Subtotal $3.000 Labor charges will be billed according to the attached rate schedule. Non -labor charges will include travel, photo processing, and printing. Environmental charges are not expected to exceed $3.000 Although we do not anticipate the need for any additional studies, our study may reveal some resources that may require additional study to avoid or mitigate the resource. Also, review agency comments on the permit applications may require additional studies or field meetings. Additional or special studies are beyond the scope of this proposal. Those studies would be designed to address the specific concerns and can not be predicted at this time. Cultural Resources As a state regulated agency, City of Round Rock is subject to the Antiquities Code of Texas. All state agencies, and other entities that are political subdivisions of the state, are required to consider the impacts of their actions on significant archeological and historical resources. In complying with the Code, public entities must determine if archeological and/or historical sites are present within a proposed development area prior to the initiation of ground disturbing activities. If sites are indeed found to exist, it must be demonstrated through archeological and/or historical investigations that they are ineligible for protection and preservation under the Code. According to this law, cultural features or structures, which are at least 50 years of age, ' USCE. 1987. Corps of Engineers Wetlands Delineation Manual. Environmental Laboratory. Vicksburg, MS. ADA 176 734. 'lbid. 3 must be recorded and their historical significance determined, and if necessary, mitigated before the development of the project area will be allowed to proceed. In addition to state requirements, it is assumed that the expansion project will require a permit under Section 404 of the Clean Water Act from the United States Army Corps of Engineers, Fort Worth. Before the USCE will issue the permit, your client must demonstrate that they have complied with all applicable federal regulations regarding the preservation and protection of significant cultural resources. Federal regulations (36 CFR 800) require that all cultural properties of at least 50 years of age and older be recorded and evaluated in terms of their eligibility for listing in the National Register of Historic Places. The scope of work proposed herein employs a basic level of archeological and geological investigation specifically tailored to identify the presence or absence of archeological sites within the proposed development area. If this investigation resulted in the identification of archeological and/or historical sites, further investigations beyond this scope -of -work may be required before their significance can be determined. The level of effort expended during this project will involve a minimum of three tasks to include a permit application, a field survey, and reporting. A detailed description of each task is provided below. Task 1: Permit Application Before archeological investigations can begin, the archeologist and the project sponsor or landowner, must obtain a state antiquities permit from the Texas Historical Commission. The application procedure involves a search of existing records regarding the presence of any archeological sites that have been previously recorded in the vicinity of the proposed development area. A detailed scope of work that addresses the specific methods and techniques that will be employed in the investigation must be submitted with a completed permit application form. The THC reviews this scope of work and generally issues a permit within 5 -10 business days. Task 1: Permit Application Task 2: Field Survey Associate 4 man hours Technician 4 m -h Cost: $340 In formulating the scope of work for this task, we assume that the proposed development of the site will have a maximum impact depth of three feet from the original ground surface. Based on this assumption, the fieldwork will employ the following methods. 4 A qualified archeological team will visually inspect the entire project area. The purpose of this inspection will be to identify archeological or historical features that are exposed on the surface in the project area. We will identify any geologic features which have a potential to contain buried archeological deposits, and will investigate them to a maximum depth of three feet below the present ground surface using a tractor - mounted soil auger. The material excavated by the auger will be screened, and any artifacts recovered from below the surface will be collected, analyzed, and prepared for permanent curation, as required by federal regulation (36 CFR 79). Because of the two stream crossings auger testing may be required. In an alluvial setting, State Archeological Guidelines may require the excavation. A qualified geomorphologist will examine the trenches. If we find any prehistoric or historic cultural resource sites, we will make a preliminary determination of each site's horizontal boundary within the project area (i.e. map their locations). Based on the information available to us at that time, we will assess each site's significance according to criteria found in Federal regulations 36 CFR 60. Task 2: Field Survey Task 3: Reporting All data and materials collected during the survey will be taken to Paul Price Associates, Inc. in Austin, where they will undergo analysis. Once our initial analysis is complete, we will notify you and, if necessary, attend one meeting to discuss our findings and management recommendations. We will draft a technical report following Council of Texas Archeologists (CTA) guidelines, for review by the appropriate federal regulatory agency (i.e. USCE) and the Texas Historic Commission (THC) for a 30 -day review period. The draft report will present the survey findings, and include any significance evaluations and management recommendations. After acceptance of the draft report by the Texas Historic Commission, a final report will be produced and submitted to the THC for public distribution. Task 3: Reporting Site Significance Assessment Associate 16 man -hours Technical 32 man-hours Cost: $ 1840 Associate 16 man hours Technical 60 man hours Cost: $2760 5 The significance assessment of any cultural properties discovered will vary in accordance with the type of property identified. The range of property types recognized in this level of investigation includes; historic standing structures, historic artifact scatters, and prehistoric archeological sites. The following describes the assessment procedures that may be employed during this component of the investigation. Historic Standing Structures Standing structures determined to be at least 50 years old would be recorded by describing their architectural properties. Further documentation of structures will be accomplished by taking a series of elevation photographs. Photographs will be made using a 35 -mrn single lens reflex camera mounted on a tripod. A minimum of two elevations will be photographed: the front of the structure, and a corner elevation. If it is determined that any standing historic structures will the razed, it may be necessary to conduct additional investigations beyond this scope of work to more fully assess the property's significance. Historic Artifact Scatters Historic artifact scatters will also be documented during the project. The initial documentation of these types of sites will be centered on determining the relative age. This will be accomplished by evaluating the age of the materials in terms of their date of probable manufacture. For instance, bottle glass manufactured in the United States before 1916 included manganese to make the glass colorless. Exposure to sunlight causes this glass to take on a blue or purple tint. When bottles or bottle fragments with that characteristic tint are found at a site, it generally indicates that the site predates 1916. If materials present at the site appear to be 50 or more years old, then we would look for evidence of structures no longer standing. Evidence of a former structure could include foundation remnants (e.g. piers, basement) or a marked abundance of architectural materials (e.g. nails, pane glass). If there is evidence that an historic structure was once present, it may be necessary to conduct archival research under a separate scope of work to develop an historic context for the site. The historic context would facilitate the assessment of the site in terms of its eligibility to be listed in the National Register of Historic Places (NHRP). Prehistoric Archeological Sites The prehistoric cultural resources assessment process will focus on collection of the basic contextual information required to determine if a site is eligible to be listed in the National Register of Historic Places. Cultural context refers to the range of artifact materials present. Generally, the more numerous and diverse the artifact assemblage encountered at a particular site, the greater is its interpretive potential. The site must also contain material that can produce either a relative or absolute date (i.e. how old it is). Collection of data to assess a buried site's NHRP eligibility will be done by sampling the near subsurface. To find out what is under the surface, we will dig a series of 12 -inch diameter, three- foot -deep holes across the project area with a tractor- mounted soil auger. The data from 6 these tests will be analyzed to arrive at eligibility recommendations and to determine if there is a need for archeological assessment beyond this scope of work. During this investigation, a site would be considered potentially eligible for NHRP listing and, therefore, require further investigation beyond this scope of work if all three of the following evaluation criteria are satisfied: (1) at least two artifact classes are represented in the assemblage (e.g. flakes, tools, ceramics); (2) feature material is present; and (3) the site contains temporally diagnostic material or evidence that temporally diagnostic material is present (i.e. thermal feature material). In addition to auger testing, backhoe trenches as needed, will be excavated. If a site meets the above criteria for inclusion in the NHRP, it is recommended that it be avoided and not disturbed. If the site cannot be avoided and will be impacted by the project, then further testing of the site may be necessary to determine its cultural significance. An additional scope - of -work would then be required. Non -Labor Applicable non -labor charges under this scope -of -work include: Vehicle mileage $ 200 Photo processing $ 70 Printing/Reproductions $ 50 Equipment rental 1) Skid Loader w /auger $ 300 Total non -labor $ 620 CONTRACT CLAUSES It is understood that the City of Round Rock will secure for Paul Price Associates, Inc. personnel, full authorization to access the entire project area, including keys and/or combinations to any locked gates. The City of Round Rock is responsible for the permanent housing of all artifacts and data produced during the execution of this scope -of -work. Curation of these materials must be in accordance with Section 26.27 of Chapter 26, Rules of Practice Procedure for the Antiquities Code of Texas. Materials collected during the project will be prepared for curation. Given previous projects of similar nature we estimate that permanent housing fees at $440. COST AND SCHEDULE We estimate that it will take approximately 90 days to complete all the tasks contained in the cultural resources task. Total labor and non -labor charges for this task is estimated not -to- exceed $ 6,000. 7 Paul Price Associates, Inc. invoices monthly for actual work performed. Labor and non -labor charges are based on the rates and procedures shown on the enclosed Standard Rate Schedule. Proposed Project Schedule Task 1: Records Search 10 business days* Task 2: Field Survey 20 Notification of Findings 30 Task 3: Reporting Draft Report 60 Agency Review 90 * Cumulative days after notice to proceed Paul Price Associates, Inc. maintains adequate general and automobile liability, and workmen's compensation insurance, and a certificate of insurance can be provided on request. Based on the enclosed rate schedule, our estimated cost for Task 1 Environmental Services and Task 2 Cultural Resources outlined above would not exceed $9,000.00 including non -labor expenses. No service or handling fee will be added to non -labor charges. Sales tax will be applied to non- labor items unless other arrangements are made. This document constitutes an agreement by Paul Price Associates, Inc. to perform consulting services to HDR Engineering, Inc. in return for the considerations outlined above. The signature of an authorized representative of HDR Engineering, Inc. in the space provided below will constitute acceptance of this agreement and notice to proceed. Please return a signed copy to Paul Price Associates, Inc. Thank you for the opportunity to work on this project; please call if you have any questions or comments concerning this proposal, or if we can be of service in any way. Sincerely, Paul Price, President Paul Price Associates, Inc. 6/08/99 AGREEMENT AND AUTHORIZATION TO PROCEED: TITLE: FOR: HDR Engineering, Inc. 8 DATE: Personnel Purchased Services Travel Sales Tax Terms ?Ed Rake Roo ©QOal1eop Enc. ECOLOGY, YetTER OUAIJTY, CULTURAL RESOURCES, PLANNING STANDARD RATE SCHEDULE Labor is billed at fixed hourly rates that include salary cost, benefits and overhead. Rates for the various labor grades as of 1 June 1998 are: Principal $75.00/h Associate $40.00- 75.00/h Technical $25.00- 40.00/h Drafting $35.00/h Items including subcontract services, rental equipment and expendable supplies, computer time, telephone and reproduction are billed at actual cost plus a 10 percent service charge, unless otherwise specified. Mileage is billed at $0.32 /mile for ordinary travel. Subsistence expenses, air fares and use of rental vehicles are treated as purchased services and billed at actual cost plus 10 percent, unless otherwise specified. Where consulting services are subject to sales tax, such taxes are not part of any scope of work (unless specifically included), and authorization for the additional charges will be requested prior to commencing work. Invoices are submitted monthly for actual work performed during the preceding month and are payable within 30 days. Late charges of 1.5% / month may be assessed if payment is not received within the stated period. (512) 329 -0155 3006 Bee Caves Road Suite D -230 Austin, Texas 76746-5541 DATE: July 2, 1999 SUBJECT: City Council Meeting — July 8, 1999 ITEM: 10.C.3. Consider a resolution authorizing the Mayor to execute Amendment No. I to the West Transmission Water Pipeline contract with HDR Engineering. This amendment is to initiate an environmental assessment of the pipeline route and associated cultural resource evaluation. There appears to be several geologic karst features along the proposed route and the alignment is through a large swath of undeveloped property. The engineer has selected Paul Price Associates, Inc. to perform the study and this company has performed many similar reports in this area. The proposed amount is $9,000.00, which would change the current contract amount from $268,200.00 to $277,200.00. Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director.