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CM-2015-817 - 6/26/2015CITY OF ROUND ROCK § § STATE OF TEXAS § COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: SUPPLEMENTAL AGREEMENT NO.1 TO "CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR ENVIRONMENTAL SERVICES WITH CAMBRIAN ENVIRONMENTAL THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock Agreement for Professional Consulting Services for Environmental Services with Cambrian Environmental," hereinafter called "Supplemental Agreement No. l," is made by and between the City of Round Rock, Texas, a home -rule municipality, hereinafter called the "City" and Cambrian Environmental, hereinafter called the "Consultant." WHEREAS, the City and Consultant executed the referenced "City of Round Rock Agreement for Professional Consulting Services for Environmental Services," hereinafter called the "Agreement," on September 5, 2014; and WEEREAS, the Consultant's total compensation set forth in the Agreement was not to exceed $23,476.75.00; and WHEREAS, it has now become necessary to execute Supplemental Agreement No. 1 to amend the Original Agreement to modify the scope of services and increase the compensation by $24,606.00 for a total of $48,082.75; and NOW THEREFORE, in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement No. 1, the City and Consultant agree that said Agreement is amended and supplemented as follows: 1. Section 2.01 of the Agreement is hereby amended to read as follows: 2.01 PROPOSAL FOR SERVICES For the purposes of this Agreement, the City agrees to furnish the Consultant the information set forth in Exhibit "A" titled "City Services," which document is attached hereto and incorporated herein for all purposes. For purposes of this Agreement, Consultant has issued 00337068/ss2 CM- Za1-7 its proposal for services for the tasks delineated herein, such proposal for services being attached to this Agreement as Addendum to Exhibit "B" titled "Consulting Services." Section 3.01 of the Ar-reement is hereby amended to read as follows: 3.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described herein and as set forth in the Addendum to Exhibit "B" titled "Consulting Services," according to the schedule set forth in the Addendum to Exhibit "C" titled "Work Schedule," which documents are incorporated herein for all purposes. Consultant shall perform services in accordance with this Agreement, in accordance with the appended "Consulting Services," and in a professional and workmanlike manner. Section 4.01 of Agreement is hereby amended to read as follows: 4.01 LIMITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Addendum to Exhibit "B," and' herein, and Consultant shall not undertake work that is beyond the Scope of Work set forth in Addendum to Exhibit "B," however, either party may make written requests for changes to the Scope of Work. To be effective, a change to the Scope of Work must be negotiated and agreed to and must be embodied in a valid Supplemental Agreement as described in 10.01. Section 5.01 of the Agreement is hereby amended to read as follows: 5.01 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant in accordance with Addendum to Exhibit "D," entitled "Fee • • Schedule," which is attached hereto and incorporated herein for all purposes, in payment for services and the Scope of Services deliverables as delineated in Addendum to Exhibit "B." Mot -to -Exceed Total Payment for Services: Consultant's total compensation for consulting services hereunder shall not exceed Forty -Eight Thousand Eighty -Two Dollars and 751100 ($489082.75). This amount represents the absolute limit of City's liability to Consultant hereunder, unless same shall be changed by Supplemental Agreement, and City shall pay strictly within the not -to -exceed sum recited herein, Consultant's professional fees for work done on behalf of the City. Payment for Reimbursable Expenses: There shall be no payments for reimbursable expenses included in this Agreement. Deductions: No deductions shall be made for Consultant's compensation on account of ;penalty, liquidated damages or other sums withheld from payments to Consultant. 0 Additions: No additions shall be made to Consultant's compensation based upon project claims, whether paid by the City or denied. II. This Supplemental Agreement No. 1 shall amend the original Agreement only as set forth herein with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental Agreement to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS By: Printi Title: Date ATTEST: By: Sara L. White, City Clerk FOR CITY, Attorney M CAMBRIAN ENVIRONMENTAL By: �-o Printed Name: 16-. b lz w t,3 tP� Title: ow�t� Date Signed: fo ADDENDUM TO EXHIBIT B Consulting Services 1. PROJECT DESCRIPTION 2. SCOPE OF WORK The scope of Work for this project has been divided into the following tasks: • Task 1: TCEQ Geologic Assessment and Hydrogeological Investigation of the Onion Fault • Task 2: Jollyville Plateau Salamander Presence / Absence Investigation 2.1. Work Breakdown Structure Tasks and Description 2.1.1 Task 1: TCEQ Geologic Assessment and Hydrogeological Investigation of the Onion Fault Task Description: Under this task, a Cambrian Registered Professional Geoscientist who is permitted by the U.S. Fish and Wildlife Service (USFWS) to conduct karst surveys will visit the project area (subject to right of entry conditions) to evaluate surface features that may be indicative of avenues for aquifer recharge and which may be indicative of sub- surface habitat for the Jollyville Plateau Salamander (Eurycea tonkawae). The field work will generally conform to the "Instructions to Geologists for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones" as written by the Texas Commission on Environmental Quality (TCEQ). Data collected during this effort will be used to prepare an updated TCEQ Geologic Assessment report covering both tracts being considered for purchase. This report is required for all development activities on the recharge zone. The report will meet the requirements for enrollment in the Williamson County Regional Habitat Conservation Plan (RI -ICP) for potential take of endangered karst invertebrates. Based on the results of our findings, additional excavation work and biological surveys may be required, although they are not expected based on the results of our previous work in the project area. This investigation will go beyond the normal minimum required to satisfy TCEQ requirements in order to ascertain the hydrologic function, if any, of the Onion Fault. The Onion Fault is indicated by at least one recent geological map as crossing the tract. Functionality of the property would be considerably restricted if the fault is found to act as a recharge feature and a protective setback is required. The primary tool for assessing this matter will be a series of on-site infiltration tests. Cambrian personnel recently conducted infiltration tests on a 2.039 -acre property located at 2721, Sam Bass Road, west of the current project area. The results of Cambrian's infiltration tests were widely variable and no significant linearity could be attributed to tl�e action of the fault. The variability in the infiltration tests was most likely attributed to prvviouq ground disturbance that has occurred on the site or differences between mapped soil unit, rather than influence from the Onion Fault. Because the fault likely occurs east of the 2721 Sam Bass Road tract, the Onion Fault could occur on the present tract. 2.1.2 Task 2: Jollyville Plateau Salamander Presence / Absence Investigation Task Description: The project is crossed by Dry Fork of Brushy Creek, which may or may not be occupied by the Jollyville Plateau Salamander (JPS, Eurycea tonkawae). The JPS was listed as threatened under the Endangered Species Act in September of 2013. The species is known to occur in spring runs located both upstream and downstream of the project within the Brushy Creek drainage basin and additional habitat may occur elsewhere in the basin. These factors indicate that habitat may be present in close proximity to the project. Cambrian personnel recently completed a JPS presence/absence report for a 2.039 -acre property located at 2721 Sam Bass Road, immediately upstream from the current property area. After thoroughly surveying the area in accordance with USFW 2014 protocols, Cambrian concluded with 95% confidence that the Jollyville Plateau salamander was absent from the wetted section of that property. Under this task, Cambrian will conduct a presence/absence investigation for the JPS in the spring -fed creek running along the southern boundary of the property. As required by the USFWS for conducting JPS salamander surveys (USFWS 2014), the entire property area of the channel will be surveyed fifteen times under suitable sampling conditions and during months when the Jollyville Salamander is known to have high detectability (April - September). Our sampling method for the spring and shallow areas of Brushy Creek will conform the visual encounter survey methods used by Pierce (Pierce et al. 20 10) for other Eurycea sites in Williamson County. If salamanders have not been discovered by at the eleventh survey, bottle traps will be deployed within the channel and checked for Ewycea specimens every 24 hours. Due to the physical parameters of the habitat, bottle traps may be deployed earlier than that required by the USFWS. If encountered, individual salamanders will be temporarily captured and photo -documented before being released and surveys will cease. No specimens will be collected permanently. A habitat assessment report presenting the results of our investigation will be provided. 3. KEY PERSONNEL A summary of the proposed engineering team including names and titles are presented in table B-1. TABLE B-1 SUMMARY OF PROPOSED CONSULTANT TEAM PERSONNEL NAME TITLE Kemble White Senior Karst Geoscientist Craig Crawford Karst Geoscientist Ashley Wall Biologist Ryan Jones Karst Technician 2 ADDENDUM TO EXHIBIT C Work Schedule The schedule below provides approximate durations associated with the anticipated milestones: Sam Bass Rd Fire Station 2015 Jute jdy August Task 1: Geabgic Assessment Field work begin Fieldwork and 'ng TRIete Hydrogealogic6wdgafion Field work begins Field work and reporfing complete Task 2: IjPSStMyS Field work begins Field work complete R rti com Iete • i ADDENDUM TO EXHIBIT D Fee Schedule Task Total Labor Hours Total Loaded Labor Cost Other Direct Costs Subconsultants TOTALS Task 1: GA/FauIt Study senior karst geoscientist ($155/hr) 8 $1,240.00 karst geoscientist ($120/hr) 16 $1,920.00 karst technician (S48) 16 $768.00 salamander biologist ($72/hr) 16 51,152.00 Task 1: Total $5,080.00 $600.00 $0.00 $5,680.00 Task 2: JPS Surveys senior karst geoscientist ($155/hr) 8 $1,240.00 karst geoscientist ($120/hr) 60 $7,200.00 karst technician ($48) 72 $3,456.00 salamander biologist ($72/hr) 90 $6,4.80.00 Task 2: Total 230 $18,376.00 $23,456.00 $550.00 $1,150.00 $0.00 $0.00 $18,926.00 $24,606.00 GRAND TOTAL: Potential Fire Station #8 - East Tract �I . ". ISI 40IL � r i 1 t LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Utilities & Environmental Services Project Mgr/Resource: Alysha Girard Council Action: ORDINANCE City Manager Approval Project Name: ContractorNendor: Cambrian Environmental RESOLUTION CMA Wording Consider executing Supplemental Contract No. 'I with Cambrian Environmental for the Station 8 - Environmental Services Project. Attorney Approval EJ'Attorney c / Date 1 S 0:\wdox\SCClnts\0199\1438\MISC\00336879.XLS Updated 6/3/08 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing Supplemental Contract No. 1 with Cambrian Environmental for the Station 8 - Environmental Services Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 6/26/2015 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: Indexes: Attachments: Map_Fire Station 8—East Tract.pdf, salamander_ fire station.pdf, LAF&SA#1 _Station8_Cambrian_CM6.26.15. pdf Department: Utilities and Environmental Services Text of Legislative File CM -2015-817 City of Round Rock Page 1 Printed on 8/25/2015