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CM-07-03-043Memorandum of Agreement To: Design and Oversight Committee From: Jim Nuse, Round Rock City Manager Biff Johnson, Leander City Manager Brenda Eivens, Cedar Park City manager Date: March 21, 2007 Re: Environmental & Planning Associates, Inc. (the "Project Consultant") Pursuant to the Interlocal Agreement Regarding Ancillary Consulting Services for Regional Water System, this memorandum is to confirm that the City of Round Rock, the City of Leander, and the City of Cedar Park have agreed to the General Agreement for Multiple Task Professional Services, including Task Orders Nos. 1 thru 5, between the Project Consultant and the City of Cedar Park (the "Contracting Party"). City of Round Rock use, City Manager Dae: 5 -Zi -0i City of Leander Biff Jo Date: City of Cedar Park moti Brenda Eivens, ity Manager Date: C I 01 On- o3-O�f3 GENERAL AGREEMENT FOR MULTIPLE TASK PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made as of this day of 2007, between the "City of Cedar Park", a Home Rule city in Williamson County, Texas, hereinafter referred to as the "CONTRACTING PARTY", and "Environmental & Planning Associates, Inc.," a Texas corporation, hereinafter referred to as the "CONSULTANT" for assistance in strategic planning, project coordination, assistance in negotiating with regulatory agencies, general consulting and other advice regarding environmental issues and other project services as described in this Agreement and in Project Task Orders as described in Section I.. WHEREAS, pursuant to the terms of that one certain Interlocal Agreement for Ancillary Consulting Services for Regional Water System between the City of Cedar Park, the City of Round Rock, and the City of Leander (the " Interlocal Agreement"), CONTRACTING PARTY desires to retain CONSULTANT, a professional consulting firm, to provide professional, consulting and related services ("Services") on one or more projects in which the CONTRACTING PARTY is involved; and WHEREAS, CONSULTANT desires to provide such services on such projects as may be agreed, from time to time, by the parties; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I. PROJECT TASK ORDER 1.1 This Agreement shall apply to as many project elements ("Task Orders") as CONTRACTING PARTY and CONSULTANT agree will be performed under the terms and conditions of this Agreement. Each project CONSULTANT undertakes for CONTRACTING PARTY hereunder shall be described and designated by a "Task Order." No Task Order shall be binding or enforceable unless and until it has been properly executed by both CONTRACTING PARTY and CONSULTANT. Each properly executed Task Order shall become a separate supplemental agreement to this general Agreement. 1.2 In resolving potential conflicts between this Agreement and the Task Order pertaining to a specific project, the terms of the Task Order shall control. 1.3 CONSULTANT will provide the Scope of Services as set forth in Part 2 of each Task Order. SECTION H. RESPONSIBILITIES OF PARTIES In addition to the responsibilities described in the attached "Terms and Conditions for Professional Services," CONTRACTING PARTY shall have the responsibilities described in Part 3 of each Task Order. Page 1 of 5 In addition to the responsibilities described in the attached "Terms and Conditions for Professional Services," CONSULTANT shall have the responsibilities described in Part 2 of each Task Order. Additionally, pursuant to Paragraph 2.02(a) of Interlocal Agreement CONSULTANT shall work cooperatively with and report to the Design & Oversight Committee (the "D.O. Committee"). CONSULTANT shall regularly meet with the D.O. Committee on such schedule as may be established by the D.O. Committee from time to time. SECTION III. COMPENSATION Compensation for CONSULTANT's Services shall be in accordance with Part 5 of each Task Order, and in accordance with paragraph 11 of the attached "Terms and Conditions for Professional Services." SECTION IV. TERMS AND CONDITIONS OF PROFESSIONAL SERVICES The Terms and Conditions for Professional Services," which are attached hereto, are incorporated into this Agreement by this reference and by such incorporation, become a part hereof for all purposes. SECTION V. DESIGNATION OF REPRESENTATIVES CONTRACTING PARTY hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Mr. Kenneth Wheeler, P.E. Assistant Director of Utilities City of Cedar Park 880 Brushy Creek Road Cedar Park, Texas 78613 Office (512) 401-5584 Fax (512) 258-1543 E-mail: wheeler(a,cedarparktx.us CONSULTANT hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Barrett D. Allison Environmental & Planning Associates, Inc. 7200 Twilight Mesa Drive Austin, TX 78737-3525 Office (512) 394-9710 Fax (512) 394-1537 E-mail: ballison 1 @austin.rr.com SECTION VI. NOTICES Page 2 of 5 All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) (2) When delivered personally to Designated Representative's address as stated herein; or Three (3) days after being deposited in the United States mail, with postage prepaid, to the Designated Representative's address as stated in this Agreement. Notice to CONSULTANT: Mr. Barrett D. Allison Environmental & Planning Associates, Inc. 7200 Twilight Mesa Drive Austin, TX 78737-3525 Notice to CONTRACTING PARTY: Kenneth Wheeler, P.E. Assistant Director of Utilities City of Cedar Park 880 Brushy Creek Road Cedar Park, Texas 78613 Office (512) 401-5584 Fax (512) 258-1543 E-mail: wheeler@cedarparktx.us With copy to: Mr. Leonard Smith Attorney at Law Post Office Box 684633 Austin, Texas 78768-4633 E-mail: lsmith@leonardsmithlaw.com SECTION VII. Hold Harmless. CONSULTANT hereby agrees to release and agrees to hold harmless, indemnify, and defend CONTRACTING PARTY and its City Council, City Manager, City Attorney, officers, employees, agents, and contractors and all parties in privity with them or any of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with the Agreement and tasks to be performed by CONSULTANT. To the extent permitted by law, CONTRACTING PARTY hereby agrees to release and agrees to hold harmless, Page 3 of 5 indemnify, and defend CONSULTANT and its members, directors, officers, employees, agents, and contractors and all parties in privity with them or any of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with the Agreement and tasks to be performed by CONSULTANT. Where applicable, this includes, but is not limited to: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to tasks authorized under this Agreement, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with, any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA and applicable laws of the state of Texas, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to tasks authorized under this Agreement; and (3) the presence or release in, on, from, or about the Project, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. SECTION VIII. Effective Date. This Agreement shall take effect upon execution of the Memorandum of Agreement called for under Paragraph 2.01(b) of the Interlocal Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. "CONTRACTING PARTY" i` BY: i ,1i'�_ Gt../°L" NAME: Ms. Brenda Eivens TITLE: City Manager ADDRESS: 600 North Bell Blvd DATE: Cedar Park, TX 78613 "CONSULTANT" Page 4 of 5 BY: NAME: Barrett D. Allison TITLE: President ADDRESS: 7200 Twilight Mesa Drive Austin, TX 78737-3525 DATE: Page 5 of 5 Terms and Conditions for Professional Services by Environmental & Planning Associates, Inc., Austin, Texas STANDARD OF PERFORMANCE The standard of care for all professional consulting and related services performed or furnished by CONSULTANT and its employees, associates, and sub -contractors under this Agreement will be the care and skill ordinarily used by members of the profession practicing under the same or similar circumstances at the same time and in the same locality. CONSULTANT makes no warranties, express or implied, under this Agreement or otherwise, in connection with CONSULTANTs services. OPINIONS AND ADVICE OF THE CONSULTANT Any opinions or advice of the CONSULTANT are made on the basis of the information that is available to CONSULTANT and on the basis of CONSULTANT'S experience and qualifications, and represents its judgment as an experienced and qualified professional. However, CONSULTANT and CLIENT agree that it is the sole responsibility of the CLIENT to make decisions conceming the utilization or forbearance of that information in pursuing its project or task, inasmuch as such decisions may be based upon CLIENT goals and objectives or upon additional information to which CONSULTANT may or may not have access. CONSULTANT has no control over the advice or services that are or will be provided by others. CONTROLLING LAW This Agreement is to be governed by the laws of the state of Texas or of the state where CONSULTANT's services are performed. SERVICES AND INFORMATION CLIENT will provide all criteria and information pertaining to CLIENTs requirements for the project, including design objectives and constr ints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. CLIENT will also provide copies of any CLIENT- furnished specifications, or documents which are to be incorporated into the project. GEOMORPHOLOGICAL, BIOLOGICAL, AND SPELEOLOGICAL INFORMATION CLIENT will furnish the services of soils/geotechnical CONSULTANTs or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by CONSULTANT. The CLIENT agrees to bear full responsibility for the technical accuracy and content of all CLIENT -furnished documents and services. 6. LIMITATIONS OF SERVICES In performing professional and related services hereunder, it is understood by CLIENT that CONSULTANT is not engaged in THE rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the CLIENT's sole responsibility to obtain the advice of an attomey, an insurance counselor or accountant to protect the CLIENTs legal and financial interests. To that end, the CLIENT agrees that CLIENT or the CLIENTs representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by CONSULTANT, and, sole discretion of the CLIENT, will obtain the advice of an attomey, insurance counselor or other consultant as the CLIENT deems necessary to protect the CLIENTS interests before CLIENT takes action or forebears to take action based upon or relying upon any advice of services provided by CONSULTANT. SUCCESSORS AND ASSIGNS CLIENT and CONSULTANT, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither CLIENT nor CONSULTANT will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by CONSULTANT pursuant to this Agreement, are instruments of service with respect to the project. CONSULTANT retains ownership of all such documents. CLIENT may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by CLIENT or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT's sole risk and without liability or legal exposure to CONSULTANT, and CLIENT will defend, indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses, including attomey's fees, arising or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and CONSULTANT. TERMINATION OF AGREEMENT CLIENT or CONSULTANT may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will Include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs CONSULTANT incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. INVOICES CONSULTANT will submit monthly invoices for services rendered and CLIENT will make prompt payments in response to CONSULTANT's invoices. CONSULTANT will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by CLIENT's auditors upon request. If CLIENT disputes any items in CONSULTANT's invoice for any reason, including the lack of supporting documentation, CLIENT may temporarily delete the disputed item and pay the remaining amount of the invoice. CLIENT will promptly notify CONSULTANT of the dispute and request clarification and/or correction. After any dispute has been settled. CONSULTANT will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. CLIENT recognizes that late payment of invoices results in extra expenses for CONSULTANT. CONSULTANT retains the right to assess CLIENT interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices that are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of CONSULTANTs invoices are not paid when due, CONSULTANT also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of thls Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by CONSULTANT are estimates to perform the services required to complete the project as CONSULTANT understands it to be defined. For those projects and tasks involving conceptual or process development services, or those involving consultations or negotiations with regulatory authorities and local, state or federal agencies in the securing of entitlements, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. CONSULTANT will inform CLIENT of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or like document. 14. HAZARDOUS MATERIALS CLIENT represents to CONSULTANT that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, CLIENT represents that to the best of its knowledge it has disclosed to CONSULTANT the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that CONSULTANTs scope of services does not include services related in any way to hazardous materials. 15. EXECUTION This Agreement, including exhibits and schedules made part hereof, constitute the entire Agreement between CONSULTANT and CLIENT, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 16. LIMITATION OF LIABILITY CONSULTANT's and its employees' total liability to CLIENT for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause including CONSULTANTS and its employees' negligent acts, errors, or omissions or as a consequence of express or implied approval of any contractor or sub -contractor or any construction activity or for any excess of costs over estimated amounts or for any other reasons beyond the use of reasonable skill in the execution of the work covered by this assignment, shall not exceed the total compensation received by CONSULTANT hereunder less the amount paid to sub -consultants and subcontractors, except as otherwise provided under this Agreement. CLIENT hereby releases and holds harmless CONSULTANT and its employees from any liability above such amount. 17. LITIGATION SUPPORT In the event CONSULTANT is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which CONSULTANT is not a party, CLIENT shall reimburse CONSULTANT for reasonable costs in responding and compensate CONSULTANT at one hundred and fifty percent (150%) of its then standard rates for reasonable time incurred in gathering information and documents during discovery and attending pre-trial depositions, hearings, and trial. — END — ACKNOWLEDGEMENT: CONSULTANT CLIENT SCHEDULE OF RATES AND CHARGES ENVIRONMENTAL & PLANNING ASSOCIATES, INC. (REVISED 01/01/2007) STAFF, ASSOCIATES, SUB -CONSULTANTS Hourly rates, professional, para -professional and technical individuals Principals .$ 185.00 Engineers $ 76.00 —146.00 Biologists, and other scientists $ 88.00 —150.00 Administrative and Technicians $ 48.00 -- 78.00 EQUIPMENT EXPENSE Automobile $0.495/mi ATV/TRAILER (minimum charge 4 hours) $ 45.00/hr ADDITIONAL SERVICES A. For those services outside the scope of services in the basic agreement, the CONSULTANT shall be compensated at hourly rates of from $45.00 - $200.00 per hour for his work on the assignment. B. For outside services including, but not limited to contract labor, subcontract professional services and other special consultants, etc., CLIENT may, and is encouraged to, at CLIENT'S option, contract directly with a third party for such services or through CONSULTANT. If such contracts are made through CONSULTANT, a handling charge of fifteen (15) percent will be added to the gross amount of such contracts and will be billed monthly as a reimbursable expense. C. For all direct non -labor expense, including but not limited to transportation, telegraph and telephone toll charges, reproduction, travel and subsistence, all as required for the proper execution of the scope of work, the charge for these items will be the actual invoice cost plus fifteen (15) percent service charge. TASK ORDER # 1 This Task Order pertains to certain tasks that are to be authorized per the terms and conditions of an Agreement by and between City of Cedar Park, a Home rule City located in Williamson County, Texas, (hereinafter the "CONTRACTING PARTY"), and Environmental & Planning Associates, Inc. (hereinafter the "CONSULTANT"), that was previously entered into by the parties and is dated March 21, 2007 (hereinafter "the Agreement"). The CONSULTANT shall perform services on this task for the project described below, as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below and shall become a part thereof for all purposes. TASK ORDER NUMBER: # 1 PROJECT: CEDAR PARK/LEANDER/ROUND ROCK REGIONAL WATER SYSTEM PART 1.0 TASK DESCRIPTION: ANALYSIS OF ENVIRONMENTAL OPPORTUNITIES AND CONSTRAINTS FOR ALTERNATIVE RAW WATER INTAKE LINE ROUTING, SEGMENTS 1 AND 2. 1.1 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the planning and entitlements needed for construction of Segments 1 and 2 as those portions of the project are defined in CONTRACTING PARTY's preliminary engineering documents. 1.2 CONSULTANT will assist CONTRACTING PARTY in negotiating the terms and conditions of a plan to construct those line segments with the United States Fish and Wildlife Service ("Service"); and thereafter to seek the concurrence of the Balcones Canyonlands Preserve organization ("BCP"), the Lower Colorado River Authority ("LCRA"), and other regulatory agencies as required. 1.3 CONSULTANT will assist the CONTRACTING PARTY in negotiations to obtain a temporary 40' construction easement, approximately as it was located during prior water line construction in Segments 1 and 2. 1.4 CONSULTANT will provide assist the CONTRACTING PARTY in the evaluation of impacts of the installation of a subsurface water line from Sand Hill Lift Station at Lake Travis, inland to a point near Anderson Mill road. The services to be provided will be specific to karst/cave environments and their potential for providing habitat to federally listed karst invertebrates, structural concerns, and/or groundwater recharge for Segments 1 and 2. 1.5 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the requirements of the State of Texas Antiquities Code and will conduct general or detailed architectural reconnaissance for the purpose of identifying areas of potential high probability for cultural resources ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 1 of 5 impacted by the construction of Segments 1 and 2. This does not include a detailed archaeological survey in all areas, however CONSULTANT will provide a report of fmdings and will make a recommendation regarding further detailed studies where the Code requires. PART 2.0 RESPONSIBILITIES AND SCOPE OF SERVICES OF THE CONSULTANT FOR THIS TASK: CONSULTANT will assess the environmental issues which must be addressed to obtain approvals needed for the construction of Segments 1 and 2 to include the following general tasks: 2.1 CONSULTANT will familiarize itself with the information that is currently available regarding this Task Order and advise CONTRACTING PARTY regarding additional information that should be obtained to fully evaluate the opportunities and constraints associated with alternative routes. 2.2 CONSULTANT will conduct reconnaissance -level discussions with resource agencies and other applicable parties. 2.3 CONSULTANT will meet with and assist the CONTRACTING PARTY's designated consulting engineers and project administrative and professional staff to evaluate costs and environmental issues associated with various alternative routes for Segments 1 and 2 as those portions of the project are defined in CONTRACTING PARTY's preliminary engineering documents. 2.4 CONSULTANT will advise the CONTRACTING PARTY regarding the opinion of the CONSULTANT regarding the environmental issues associated with the different routes and assist the CONTRACTING PARTY's consulting engineers in estimating the costs associates with each alternative examined and in finalizing its engineering studies of the alternative routes. 2.5 CONSULTANT will analyze the current Endangered Species Act Section 10 (a) permit ("the PERMIT") of the City of Cedar Park, PRT - 788842 and advise the CONTRACTING PARTY as to the applicability of the terms and conditions of the Permit to the plans for the upgrade and construction of raw water line segments 1 and 2 on each of the alternative routes suggested by CONTRACTING PARTY's consulting engineers. 2.6 CONSULTANT will examine the institutional factors relating to the selection of the preferred alternative by CONTRACTING PARTY at CONTRACTING PARTY's sole discretion. 2.7 CONSULTANT will identify the state and federal regulatory programs that are likely to apply to this project and make observations on the level of effort likely required to obtain compliance. 2.8 CONSULTANT will identify and assess options to secure approval of the Service and will meet with the Service to determine its position on constructing the project. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 2 of 5 2.9 Assuming CONTRACTING PARTY wishes to proceed with the construction activities for Segments 1 and 2, CONSULTANT will assist CONTRACTING PARTY in identifying potential actions and magnitude of costs. 2.10 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform a literature review of documented caves and karst features maintained by the Texas Speleologic Society covering a 500 foot wide buffer centered along the proposed alignment of Segments 1 and 2, and to prepare a summary of the results of the search. 2.11 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform an on -the -ground transect survey in accordance with present Service karst survey protocols of the proposed alignment of Segments land 2 and the adjacent property to a minimum distance of 300 feet. 2.12 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to provide a habitat evaluation to include the existing 50/40 -foot easement along Segments 1 and 2. Segments 1 and 2 span from the existing Cedar Park Water Treatment Plant to Anderson Mill Road (approximately 5.45 miles). 2.13 CONSULTANT will prepare an alternatives analysis for the abovementioned waterline alternatives based on potential impacts to waters of the U.S. and federally -listed endangered species. 2.14 Based on the finding of the Alternatives Analysis and other studies, CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to prepare a biological assessment (BA) or biological evaluation (BE) to analyze the routing's potential to cause a "may affect" under Section 7 of the Endangered Species Act. Should "a may affect" be possible, CONSULTANT will recommend that CONTRACTING PARTY initiate informal consultation with the USFWS AND USACE regarding the potential impacts. 2.14.1 CONSULTANT will prepare a preliminary internal draft BA or BE to address the potential for impacts to federally -listed endangered species. This preliminary draft will be reviewed by the CONTRACTING PARTY prior to submittal to the USFWS which is part of Task Order 2. 2.15 CONSULTANT will provide a letter report and briefings on the above listed tasks, periodically, over the term of this Task Order assignment which is anticipated to be 365 days. PART 3.0 CONTRACTING PARTY'S RESPONSIBILITIES: 3.1 Provide CONSULTANT with available information on the project that is necessary to enable the CONSULTANT to perform the Scope of Work above. It shall not be the responsibility of the CONSULTANT to independently research or obtain information or ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 3 of 5 materials from third parties over and above the information and materials provided by the CONTRACTING PARTY. 3.2 Name a representative who shall be the primary contact for CONTRACTING PARTY and who shall be available to respond to inquiries from the CONSULTANT in a timely fashion and who will provide CONSULTANT with the support of the CONTRACTING PARTY and its staff and other consultants on this task. 3.3 Provide CONSULTANT with reasonable access to the project property, where applicable. PART 4.0 PERIOD OF SERVICE: 4.1 CONSULTANT shall be available to begin work upon execution of this Task Order and continue until the work is completed. 4.2 Based on what is presently known, it is anticipated that the work authorized by this Task Order will be completed within approximately twelve (12) months. PART 5.0 PAYMENTS TO CONSULTANT: 5.1 CONTRACTING PARTY shall pay the CONSULTANT on a time and material basis in accordance with the attached standard Terms and Conditions and Schedule of Rates (1-07). 5.2 The estimated cost is on the order of $135,200.00. The CONSULTANT's total billing will not exceed that amount without the express prior written approval of the CONTRACTING PARTY. 5.3 In addition to the cost in Section 5.2 above, qualified sub -consultants in the professional fields of geomorphology, ornithology, biology, endangered and threatened species, and related specialties will likely be required to complete this assignment. The estimated cost for these task elements is on the order of $106,700.00 out of the total amount in 5.2 above. CONSULTANT shall recommend qualified professional firms for these sub -task elements to CONTRACTING PARTY and CONTRACTING PARTY shall be provided with a subordinate Sub - Task Order similar to this Task Order #1 which shall identify the scope of services, the cost and the time period to accomplish the sub - task. CONTRACTING PARTY shall have the right, at its sole discretion, to contract directly with the recommended firm, to select a different firm, or to direct the CONSULTANT to provide these services by sub -contract, and shall so indicate to CONSULTANT in a timely manner. Such sub -contract work elements are only undertaken by the CONSULTANT per the "Terms and Conditions for Professional Services" as provided in the Agreement. This Task Order is executed as of the last date shown herein below. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 4 of 5 City of Cedar Park, Texas "CONTRACTING PARTY" BY: NAME: Ms. Brenda Eivens TITLE: City Manager ADDRESS: 600 North Bell Blvd. DATE: Cedar Park, TX 78613 ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Environmental & Planning Associates, Inc. "CONSULTANT" BY: NAME: Barrett D. Allison TITLE: President ADDRESS: 7200 Twilight Mesa Drive DATE: Austin, TX 78737-3525 Page 5 of 5 TASK ORDER # 2 This Task Order pertains to certain tasks that are to be authorized per the terms and conditions of an Agreement by and between City of Cedar Park, a Home Rule city located in Williamson County, Texas, (hereinafter the "CONTRACTING PARTY"), and Environmental & Planning Associates, Inc. (hereinafter the "CONSULTANT"), that was previously entered into by the parties and is dated March 21, 2007 (hereinafter "the Agreement"). The CONSULTANT shall perform services on this task for the project described below, as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below and shall become a part thereof for all purposes. TASK ORDER NUMBER: # 2 PROJECT: CEDAR PARK/LEANDER/ROUND ROCK REGIONAL WATER SYSTEM PART 1.0 (SECTION ACT PART 2.0 TASK DESCRIPTION: ANALYSIS OF OPPORTUNITIES AND CONSTRAINTS ASSOCIATED WITH CLEAN WATER ACT 404) WETLANDS PERMITTING AND ENDANGERED SPECIES SECTION 7 INFORMAL CONSULTATION. 1.1 1.2 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the planning for crossing and potentially impacting jurisdictional wetlands as the project is presently defined in CONTRACTING PARTY's preliminary engineering documents. CONSULTANT will assist CONTRACTING PARTY in negotiating the terms and conditions, that arise as a result of its plan to construct the Project, with the United States Army Corps of Engineers ("USACE") to include the informal consultation process with the United States Fish and Wildlife Service ("Service") as the project issues may relate to the Endangered Species Act; and thereafter to seek the concurrence of other regulatory agencies as required. RESPONSIBILITIES AND SCOPE OF SERVICES OF THE CONSULTANT FOR THIS TASK: CONSULTANT will assess the potential issues that must be addressed to obtain Clean Water Act ("404") clearance and approvals needed for the construction of the Project to include the following general tasks: 2.1 CONSULTANT will familiarize itself with the information that is currently available regarding this Task Order and advise CONTRACTING PARTY regarding additional information that should be obtained to fully evaluate the opportunities and constraints associated with the project configuration. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 1 of 5 2.2 CONSULTANT will conduct reconnaissance -level discussions with natural resource agencies and other applicable parties. 2.3 CONSULTANT will meet with and assist the CONTRACTING PARTY's designated consulting engineers and project administrative and professional staff to evaluate the costs and process related issues associated with anticipated impacts to jurisdictional waters of the U.S under the terms of Section 404 of the Clean Water Act. 2.4 CONSULTANT will advise the CONTRACTING PARTY regarding the opinion of the CONSULTANT regarding the scope of the permitting issues associated with the project and assist the CONTRACTING PARTY's consulting engineers with adjustments to the chosen Project configuration and the engineering studies of the resultant impacts on jurisdictional waters of the U.S. 2.5 CONSULTANT will examine the institutional factors relating to the selection of the preferred project configuration that is selected by CONTRACTING PARTY, at CONTRACTING PARTY's sole discretion. 2.6 CONSULTANT will identify a strategy for advancing the project through the state and federal regulatory programs and make observations on the level of effort likely required to obtain needed approvals. 2.7 CONSULTANT will identify and assess options to secure approval of the USACE and Service through the use of informal consultation under Section 7 of the Endangered Species Act., and will meet with the Service to determine its decision on initiating the informal consultation process. 2.8 Assuming CONTRACTING PARTY wishes to proceed with the informal consultation, CONSULTANT will assist CONTRACTING PARTY in identifying potential outcomes and alternative strategies and magnitude of costs. 2.9 Following internal review, CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to submit the BA or BE produced in Task Orders 1 and 3 to the Service for informal consultation (if consultation is necessary). This initial submittal will include background on the study area, impacts to endangered species, and mitigation. 2.10 Following completion of negotiations with the Service , CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to prepare the final BA or BE based upon the draft documents developed in Task Orders 1 and 3, as revised during the negotiation process, and will complete the endangered species evaluation and if necessary, the informal consultation process. 2.11 This Task Order specifically excludes entering into a formal consultation process between USACE and the Service which would require additional costs and time and would require significant additional time and another Task Order to define the additional cost of that added scope of work. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 2 of 5 2.12 CONSULTANT and sub -consultants cannot predict the number of meetings required under this Task Order with any measure of accuracy. It is assumed that one or more meetings will be requested to discuss the results of the studies, potential routing alternatives, and permitting requirements. It is also possible that one or more meetings may be requested with the Service and/or U.S. Army Corps of Engineers (USACE) to discuss project permitting requirements. Therefore, this Task Order assumes 10 meetings, 4 hours each in the local area, and one meeting with the USACE in Fort Worth. 2.13 Based on the findings, alternatives analyses and other studies, and upon the decision of CONTRACTING PARTY, CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub - consultant to prepare a Section 404 nationwide permit authorization (NWP) for submittal to the USACE. This task is based on the assumption the project will qualify for NWP authorization and will not require an Individual Permit from the USACE. 2.14 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to prepare a preliminary submittal in accordance with USACE NWP guidelines. This initial submittal will include background on the study area, impacts, alternatives analysis, endangered species, cultural resources, and mitigation. 2.15 Following initial submittal CONSULTANT will work with USACE to address all comments and concerns regarding the project. After addressing USACE comments, and review by CONTRACTING PARTY, CONSULTANT will complete the final authorization packet. 2.16 Upon completion of the informal consultation process, CONSULTANT shall provide permit documents to CONTRACTING PARTY for one or more USACE "Nationwide" Permits for the project. 2.17 This Task Order specifically excludes applying for and processing an "Individual Permit" under Section 404 of the Clean Water Act with the USACE, or applying for and processing an "Incidental Take" permit with the Service, either of which would require additional costs and significant additional time, and would require another Task Order to defile the additional cost of that added scope of work. 2.18 CONSULTANT will provide a letter report and regular, periodic briefings on the above listed tasks within 120 days of the date the final complete route is selected and approved by Service for the raw water intake lines. PART 3.0 CONTRACTING PARTY'S RESPONSIBILITIES: 3.1 Provide CONSULTANT with available information on the project that is necessary to enable the CONSULTANT to perform the Scope of Work above. It shall not be the responsibility of the CONSULTANT to independently research or obtain information or materials from third parties over and above the information and materials provided by the CONTRACTING PARTY. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 3 of 5 3.2 Name a representative who shall be the primary contact for CONTRACTING PARTY and who shall be available to respond to inquiries from the CONSULTANT in a timely fashion and who will provide CONSULTANT with the support of the CONTRACTING PARTY and its staff and other consultants on this task. 3.3 Provide CONSULTANT with reasonable access to the project property, where applicable. PART 4.0 PERIOD OF SERVICE: 4.1 CONSULTANT shall be available to begin work upon execution of this Task Order and continue until the work is completed. 4.2 Based on what is presently known, it is anticipated that the work authorized by this Task Order will be completed within approximately 60 days of the date the fmal routing is selected for raw water intake lines. PART 5.0 PAYMENTS TO CONSULTANT: 5.1 CONTRACTING PARTY shall pay the CONSULTANT on a time and material basis in accordance with the attached standard Terms and Conditions and Schedule of Rates (1-07). 5.2 The estimated cost is on the order of $57,910.00. The CONSULTANT's total billing will not exceed that amount without the express prior written approval of the CONTRACTING PARTY. 5.3 In addition to the cost in Section 5.2 above, qualified sub -consultants in the professional fields of geomorphology, ornithology, biology, endangered and threatened species, and related specialties will likely be required to complete this assignment. The estimated cost for these task elements is on the order of $19,910.00 of the total amount identified in 5.2 above. CONSULTANT shall recommend qualified professional firms for these sub -task elements to CONTRACTING PARTY and CONTRACTING PARTY shall be provided with a subordinate Sub -Task Order similar to this Task Order # 2 which shall identify the scope of services, the cost and the time period to accomplish the sub -task. CONTRACTING PARTY shall have the right, at its sole discretion, to contract directly with the recommended firm, to select a different firm, or to direct the CONSULTANT to provide these services by sub -contract, and shall so indicate to CONSULTANT in a timely manner. Such sub -contract work elements are only undertaken by CONSULTANT per the "Terms and Conditions for Professional Services" as provided in the Agreement. This Task Order is executed as of the last date shown herein below. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 4 of 5 City of Cedar Park, Texas "CONTRACTING PARTY" BY: NAME: Ms. Brenda Eivens TITLE: City Manager ADDRESS: 600 North Bell blvd. DATE: Cedar Park, Texas 78613 ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Environmental & Planning Associates, Inc. "CONSULTANT" BY: NAME: Barrett D. Allison TITLE: President ADDRESS: 7200 Twilight Mesa Drive DATE: Austin, TX 78737-3525 Page 5 of 5 TASK ORDER # 3 This Task Order pertains to certain tasks that are to be authorized per the terms and conditions of an Agreement by and between City of Cedar Park, a Home rule City located in Williamson County, Texas, (hereinafter the "CONTRACTING PARTY"), and Environmental & Planning Associates, Inc. (hereinafter the "CONSULTANT"), that was previously entered into by the parties and is dated March 21, 2007 (hereinafter "the Agreement"). The CONSULTANT shall perform services on this task for the project described below, as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below and shall become a part thereof for all purposes. TASK ORDER NUMBER: # 3 PROJECT: CEDAR PARK/LEANDER/ROUND ROCK REGIONAL WATER SYSTEM PART 1.0 RWP. TASK DESCRIPTION: ANALYSIS OF ENVIRONMENTAL OPPORTUNITIES AND CONSTRAINTS FOR ALTERNATIVE RAW WATER INTAKE LINE ROUTING FOR SEGMENTS 3 AND 4 TO 1.1 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the planning and entitlements needed for construction of Segments 3 and 4 as those portions of the project are defined in CONTRACTING PARTY's preliminary engineering documents. 1.2 CONSULTANT will assist CONTRACTING PARTY in negotiating the terms and conditions of a plan to construct those line segments with the United States Fish and Wildlife Service ("Service"); and thereafter to seek the concurrence of the Balcones Canyonlands Preserve organization ("BCP"), the Lower Colorado River Authority ("LCRA"), and other regulatory agencies as required. 1.3 CONSULTANT will assist the CONTRACTING PARTY in the evaluation of impacts of the installation of a subsurface water line from a point on Anderson Mill road to a Regional Water Treatment Plant located near Whitestone Boulevard. The services to be provided will be specific to karst/cave environments and their potential for providing habitat to federally listed karst invertebrates, structural concerns, and/or groundwater recharge for Segments 3 and 4. 1.4 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the requirements of the State of Texas Antiquities Code and will conduct general architectural reconnaissance for the purpose of identifying or examining areas of potential high probability for cultural resources impacted by the construction of Segments 3 and 4. This does not include a detailed archaeological survey, however CONSULTANT ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 1 of 5 will provide a report of findings and will make recommendations regarding further detailed studies where the Code requires them. PART 2.0 RESPONSIBILITIES AND SCOPE OF SERVICES OF THE CONSULTANT FOR THIS TASK: CONSULTANT will assess the environmental issues which must be addressed to obtain approvals needed for the construction of Segments 3 and 4 to include the following general tasks: 2.1 CONSULTANT will familiarize itself with the information that is currently available regarding this Task Order and advise CONTRACTING PARTY regarding additional information that should be obtained to fully evaluate the opportunities and constraints associated with alternative routes. 2.2 CONSULTANT will conduct reconnaissance -level discussions with resource agencies and other applicable parties. 2.3 CONSULTANT will meet with and assist the CONTRACTING PARTY's designated consulting engineers and project administrative and professional staff in evaluating costs and environmental issues associated with various alternative routes for Segments 3 and 4 as those portions of the project are defined in CONTRACTING PARTY's preliminary engineering documents. 2.4 CONSULTANT will advise the CONTRACTING PARTY regarding the opinion of the CONSULTANT regarding the environmental issues associated with the different routes for Segments 3 and 4 and connection points with Segments 1 and 2, and assist the CONTRACTING PARTY's consulting engineers in estimating the costs associated with each alternative examined and in finalizing its engineering studies of the alternative routes. 2.5 CONSULTANT will examine the institutional factors relating to the selection of the preferred alternative by CONTRACTING PARTY at CONTRACTING PARTY's sole discretion. 2.6 CONSULTANT will identify the state and federal regulatory programs that are likely to apply to this project and make observations on the level of effort likely required to obtain compliance. 2.7 CONSULTANT will identify and assess options to secure approval of the Service and will meet with the Service and USACE to determine their position on constructing the project. 2.8 Assuming CONTRACTING PARTY wishes to proceed with the construction activities for Segments 3and 4, CONSULTANT will assist CONTRACTING PARTY in identifying potential actions and magnitude of costs. 2.9 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform a literature review of documented caves and karst features maintained by the Texas Speleologic Society covering a 500 foot wide buffer centered along the proposed alignment ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 2 of 5 of Segments 3 and 4, and to prepare a summary of the results of the search. 2.10 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform an on -the -ground transect survey in accordance with present Service karst survey protocols of the proposed alignment of Segments 3and 4 and the adjacent property to a minimum distance of 300 feet. 2.11 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to prepare an alternative alignment evaluation for Segment 4 near the quarry at Whitestone and FM 1431. The evaluation will be performed by determining the presence or absence of karst features within the established buffer. The transect survey will be limited to one alternative in this location. 2.12 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct a survey for the golden- cheeked warbler (GCWA) on 250 acres± that is identified for potential alternative routing west of the Ranger Quarries in the vicinity of Lime Creek Road/Anderson Mill Road/RM 1431 beginning this spring (20 March 2007 or after). Per the current survey procedure guidelines provided by the Service, sub -consultant would conduct 5 separate survey episodes with at least 5 days between each survey episode. If no golden-cheeked warblers are located, a sixth visit utilizing taped GCWA calls would be made per Service protocol. A letter report describing the results of the survey and any on-site or nearby habitat modifications would be produced by sub -consultant during the mid to latter part of April 2007. 2.13 CONSULTANT will determine property ownership and acquire access for the above study on the 250 acres +. (Most of the area is anticipated to be owned by the BCCP (City of Austin or Travis County). There appear to be other private property parcels as well. 2.14 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct evaluations for the presence of suitable golden-cheeked warbler (GCWA) and black -capped vireo (BCVI) habitat on several existing and proposed waterline alignments for the project. CONSULTANT will review existing habitat information including the existing Environmental Assessment / Habitat Conservation Plan (EA/HCP). For habitat evaluations, field investigations will include vegetation species composition, vegetation structural maturity, canopy cover, groundcover, and species habitat potential. A report will be provided to the client for each habitat evaluation conducted. 2.14.1 A habitat evaluation will be performed along the existing LCRA waterline easement from the Sandy Creek WTP to the Regional WTP proposed north of FM 1431 along New Hope Road (approximately 4.79 miles). ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 3 of 5 2.15 CONSULTANT will prepare an alternatives analysis for the abovementioned waterline alternatives based on potential impacts to waters of the U.S. and federally -listed endangered species. 2.16 Based on the finding of the Alternatives Analysis and other studies, CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to prepare a biological assessment (BA) or biological evaluation (BE) to analyze the alternative route's potential to cause a "may affect" under Section 7 of the Endangered Species Act. Should "a may affect" be possible, CONSULTANT will recommend that CONTRACTING PARTY initiate informal consultation with the USFWS AND USACE regarding the potential impacts which is covered in Task Order 2. 2.17 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to prepare a preliminary internal draft BA or BE to address the potential for impacts to federally -listed endangered species for alternative routes examined in this Task Order. This preliminary draft will be reviewed by the CONTRACTING PARTY prior to submittal to the USFWS as part of Task Order 2. 2.18 CONSULTANT will provide a letter report and periodic briefings on the above listed tasks during the term of this Task Order which is expected to be 365 days. PART 3.0 CONTRACTING PARTY'S RESPONSIBILITIES: 3.1 Provide CONSULTANT with available information on the project that is necessary to enable the CONSULTANT to perform the Scope of Work above. It shall not be the responsibility of the CONSULTANT to independently research or obtain information or materials from third parties over and above the information and materials provided by the CONTRACTING PARTY. 3.2 Name a representative who shall be the primary contact for CONTRACTING PARTY and who shall be available to respond to inquiries from the CONSULTANT in a timely fashion and who will provide CONSULTANT with the support of the CONTRACTING PARTY and its staff and other consultants on this task. 3.3 Provide CONSULTANT with reasonable access to the project property, where applicable. PART 4.0 PERIOD OF SERVICE: 4.1 CONSULTANT shall be available to begin work upon execution of this Task Order and continue until the work is completed. 4.2 Based on what is presently known, it is anticipated that the work authorized by this Task Order will be completed within approximately twelve (12) months. PART 5.0 PAYMENTS TO CONSULTANT: ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 4 of 5 5.1 CONTRACTING PARTY shall pay the CONSULTANT on a time and material basis in accordance with the attached standard Terms and Conditions and Schedule of Rates (1-07). 5.2 The estimated cost is on the order of $132,485.00. The CONSULTANT's total billing will not exceed that amount without the express prior written approval of the CONTRACTING PARTY. 5.3 In addition to the cost in Section 5.2 above, qualified sub -consultants in the professional fields of geomorphology, ornithology, biology, endangered and threatened species, and related specialties will likely be required to complete this assignment. The estimated cost for these task elements is on the order of $91,970.00 out of the total figure in 5.2 above. CONSULTANT shall recommend qualified professional firms for these sub -task elements to CONTRACTING PARTY and CONTRACTING PARTY shall be provided with a subordinate Sub - Task Order similar to this Task Order #3 which shall identify the scope of services, the cost and the time period to accomplish the sub - task. CONTRACTING PARTY shall have the right, at its sole discretion, to contract directly with the recommended firm, to select a different firm, or to direct the CONSULTANT to provide these services by sub -contract, and shall so indicate to CONSULTANT in a timely manner. Such sub -contract work elements are only undertaken by the CONSULTANT per the "Terms and Conditions for Professional Services" as provided in the Agreement. This Task Order is executed as of the last date shown herein below. City of Cedar Park, Texas Environmental & Planning Associates, Inc. "CONTRACTING PARTY" BY: NAME: Ms. Brenda Eivens TITLE: City Manager ADDRESS: 600 North Bell Blvd. DATE: Cedar Park, Texas 78613 ENVIRONMENTAL & PLANNING ASSOCIATES, INC. "CONSULTANT" BY: NAME: Barrett D. Allison TITLE: President ADDRESS: 7200 Twilight Mesa Drive DATE: Austin, TX 78737-3525 Page 5 of 5 TASK ORDER # 4 This Task Order pertains to certain tasks that are to be authorized per the terms and conditions of an Agreement by and between City of Cedar Park, a Home rule City located in Williamson County, Texas, (hereinafter the "CONTRACTING PARTY"), and Environmental & Planning Associates, Inc. (hereinafter the "CONSULTANT"), that was previously entered into by the parties and is dated March 21, 2007 (hereinafter "the Agreement"). The CONSULTANT shall perform services on this task for the project described below, as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below and becomes a part thereof for all purposes. TASK ORDER NUMBER: # 4 PROJECT: CEDAR PARK/LEANDER/ROUND ROCK REGIONAL WATER SYSTEM TASK: FUTURE PHASE, DEEP WATER INTAKE AND LINE SEGMENT 5 PART 1.0 TASK DESCRIPTION: ATTEND MEETINGS AS REQUESTED BY CON I'RACTING PARTY REGARDING FUTURE PLANNING AND ALTERNATIVES FOR DEEP WATER INTAKE AND ROUTES FOR SEGMENT 5. 1.1 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the preliminary planning needed to define a strategy for obtaining entitlements needed to gain approval for a Deep Water Intake and Segment 5, as those portions of the project are defined in CONTRACTING PARTY's preliminary engineering documents. PART 2.0 RESPONSIBILITIES AND SCOPE OF SERVICES OF THE CONSULTANT FOR THIS TASK: CONSULTANT will assess the environmental issues which must be addressed to obtain approvals needed for the construction of Deep Water Intake and Segment 5 to include the following general tasks: 2.1 CONSULTANT will familiarize itself with the information that is currently available regarding this Task Order and advise CONTRACTING PARTY regarding additional information that should be obtained to fully evaluate the opportunities and constraints associated with alternative routes. 2.2 CONSULTANT will attend meetings at the direction of the CONTRACTING PARTY and will participate in reconnaissance -level discussions with resource agencies and other applicable parties. 2.3 CONSULTANT will meet with and assist the CONTRACTING PARTY's designated consulting engineers and project administrative and professional staff to evaluate the costs and environmental issues associated with various alternative routes for Segment 5 as that portion of the project is defined by CONTRACTING PARTY's preliminary engineering. ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 1 of 2 PART 3.0 CONTRACTING PARTY'S RESPONSIBILITIES: 3.1 Provide CONSULTANT with available information on the project that is necessary to enable the CONSULTANT to perform the Scope of Work above. It shall not be the responsibility of the CONSULTANT to independently research or obtain information or materials from third parties over and above the information and materials provided by the CONTRACTING PARTY. 3.2 Name a representative who shall be the primary contact for CONTRACTING PARTY and who shall be available to respond to inquiries from the CONSULTANT in a timely fashion and who will provide CONSULTANT with the support of the CONTRACTING PARTY and its staff and other consultants on this task. 3.3 Provide CONSULTANT with reasonable access to the project property, where applicable. PART 4.0 PERIOD OF SERVICE: 4.1 Based on what is presently known, it is anticipated that the work authorized by this Task Order will be completed within an indefmite period. PART 5.0 PAYMENTS TO CONSULTANT: 5.1 CONTRACTING PARTY shall pay the CONSULTANT on a time and material basis in accordance with the attached standard Terms and Conditions and Schedule of Rates (1-07). 5.2 The estimated cost is on the order of $10,560.00. The CONSULTANT's total billing will not exceed that amount without the express prior written approval of the CONTRACTING PARTY. This Task Order is executed as of the last date shown herein below. City of Cedar Park, Texas Environmental & Planning Associates, Inc. "CONTRACTING PARTY" "CONSULTANT" BY: NAME: Ms. Brenda Eivens TITLE: City Manager ADDRESS: 600 North Bell Blvd DATE: Cedar Park, Texas 78613 ENVIRONMENTAL & PLANNING ASSOCIATES, INC. BY: NAME: Barrett D. Allison TITLE: President ADDRESS: 7200 Twilight Mesa Drive DATE: Austin, TX 78737-3525 Page 2 of 2 TASK ORDER # 5 This Task Order pertains to certain tasks that are to be authorized per the terms and conditions of an Agreement by and between City of Cedar Park, a Home rule City located in Williamson County, Texas, (hereinafter the "CONTRACTING PARTY"), and Environmental & Planning Associates, Inc. (hereinafter the "CONSULTANT"), that was previously entered into by the parties and is dated March 21, 2007 (hereinafter "the Agreement"). The CONSULTANT shall perform services on this task for the project described below, as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below and shall become a part thereof for all purposes. TASK ORDER NUMBER: # 5 PROJECT: CEDAR PARK/LEANDER/ROUND ROCK REGIONAL WATER SYSTEM PART 1.0 TASK DESCRIPTION: ANALYSIS OF ENVIRONMENTAL OPPORTUNITIES AND CONSTRAINTS FOR ALTERNATIVE RAW WATER INTAKE LINE ROUTING FOR SEGMENTS 1 — 4, AND RWP. 1.1 CONSULTANT has conferred in depth with CONTRACTING PARTY regarding possible areas in which regulatory agencies may require more extensive surveys and studies along wider corridors or along closer transects than are reflected in those portions of Task Orders 1 and 3 where ground-truthing is proposed. There are a number of areas in which the decisions of the regulatory agencies can add significantly to the costs identified in Task Orders 1, 2, and 3. CONSULTANT will assist CONTRACTING PARTY in negotiating the best terms and conditions of those requirements with the United States Fish and Wildlife Service ("Service"); and United States Army Corps of Engineers ("USACE") and to seek their concurrence in the levels of effort anticipated in the scope of services of Task Orders 1 and 3. 1.2 If CONSULTANT and CONTRACTING PARTY are unsuccessful in obtaining reduced scopes of field work from Service and USACE, CONSULTANT will require and CONTRACTING PARTY will authorize one or more additional scope of service items herein below, to expand the scope of services of tasks in Task Orders 1 and 3 so that they will comply with Service and USACE requirements. 1.3 CONSULTANT will assist the CONTRACTING PARTY and its designated consulting engineers and project staff with the requirements of the State of Texas Antiquities Code and will conduct detailed architectural reconnaissance for the purpose of identifying or examining areas of potential high probability for cultural resources impacted by the construction of Segments 3 and 4. This does not include a detailed archaeological survey in all areas, however CONSULTANT will provide a report of fmdings and will make ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 1 of 5 recommendations regarding further detailed studies where the Code requires them. PART 2.0 RESPONSIBILITIES AND SCOPE OF SERVICES OF THE CONSULTANT FOR THIS TASK: CONSULTANT will assess the environmental scope of services which must be accomplished to obtain approvals needed for the construction of Segments 1 - 4 to include the following general tasks: 2.1 CONSULTANT will advise the CONTRACTING PARTY regarding the opinion of the CONSULTANT regarding the environmental services associated with the different routes for Segments 3 and 4 and connection points with Segments 1 and 2, and assist the CONTRACTING PARTY's consulting engineers in estimating the costs associated with each alternative examined and in finalizing its engineering studies of the alternative routes. 2.2 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to provide a habitat evaluation to include 300 feet on either side of the existing 50/40 -foot easement along Segments 1 and 2. Segments 1 and 2 span from the existing Cedar Park Water Treatment Plant to Anderson Mill Road (approximately 5.45 miles). 2.3 In accordance with Section 404 of the Clean Water Act, CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct a jurisdictional waters assessment along the existing raw waterline route. At each potential jurisdictional waters, CONSULTANT will record the ordinary high watermark and describe the hydrologic and riparian characteristics of the waters and prepare a report describing the potential waters for use in evaluating alternatives under Task Order 2 and includes existing 50/40 -foot easement along Segments 1 and 2. 2.4 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform a literature review of documented caves and karst features maintained by the Texas Speleologic Society covering an additional 1,000 foot wide buffer centered along the proposed alignment of Segments 3 and 4, and to prepare a summary of the results of the search. 2.5 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform an on -the -ground transect survey in accordance with present Service karst survey protocols of the proposed alignment of Segments Sand 4 and the adjacent property for an additional 450 feet to a combined distance of 750 feet in down -gradient areas that are designated as karst zones 1 or 2. 2.6 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to perform Phase II karst investigations of new karst features discovered during the transect surveys. Investigation includes hand excavation, map preparation, habitat assessment, biologic ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 2 of 5 collections and summary reports, but does not include gating of features or excavation requiring other than hand tools. 2.7 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct a survey for the golden-cheeked warbler (GCWA) on an additional 250 acres that is identified for potential alternative routing west of the Ranger Quarries in the vicinity of Lime Creek Road/Anderson Mill Road/RM 1431 beginning this spring (20 March 2007 or after). Per the current survey procedure guidelines provided by the Service, sub -consultant would conduct 5 separate survey episodes with at least 5 days between each survey episode. If no golden-cheeked warblers are located, a sixth visit utilizing taped GCWA calls would be made per Service protocol. A letter report describing the results of the survey and any on-site or nearby habitat modifications would be produced by sub -consultant during the mid to latter part of April 2007. 2.8 CONSULTANT will determine property ownership and acquire access for the above study on the 250 acres +. (Most of the area is anticipated to be owned by the BCCP (City of Austin or Travis County). There appear to be other private property parcels as well. 2.9 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct evaluations for the presence of suitable golden-cheeked warbler (GCWA) and black -capped vireo (BCVI) habitat on several existing and proposed waterline alignments for the project. CONSULTANT will review existing habitat information including the existing Environmental Assessment / Habitat Conservation Plan (EA/HCP). For habitat evaluations, field investigations will include vegetation species composition, vegetation structural maturity, canopy cover, groundcover, and species habitat potential. A report will be provided to the client for each habitat evaluation conducted. 2.9.1 A habitat evaluation will be performed along existing Lime Creek Road from the existing Cedar Park WTP to the intersection of Lime Creek Road and Anderson Mill Road (approximately 8 miles). The habitat evaluation will include the existing road right-of-way. 2.10 In accordance with Section 404 of the Clean Water Act, CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct a jurisdictional waters assessment along potential alternative routes for raw water intake lines, along Lime Creek Road, and from the intersection of FM 1431/Whitestone to the final WTP plant site. At each identified location of jurisdictional waters, CONSULTANT will record the ordinary high watermark and describe the hydrologic and riparian characteristics of the waters and prepare a report describing the potential waters for use in evaluating alternatives under this Task Order 3. 2.11 CONSULTANT will identify and recommend (per Section 5.3 below) a qualified sub -consultant to conduct cultural resources surveys in ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 3 of 5 specific additional USACE impact areas for inclusion in the alternatives analysis and ultimately for use in USACE permitting discussions to be performed under Task Order 2. This task is anticipated to rely only on shovel testing and does not include any backhoe trenching or heavy excavation. 2.12 CONSULTANT will provide a letter report and periodic briefings on the above listed tasks during the term of this Task Order which is expected to be 365 days. PART 3.0 CONTRACTING PARTY'S RESPONSIBILITIES: 3.1 Provide CONSULTANT with available information on the project that is necessary to enable the CONSULTANT to perform the Scope of Work above. It shall not be the responsibility of the CONSULTANT to independently research or obtain information or materials from third parties over and above the information and materials provided by the CONTRACTING PARTY. 3.2 Name a representative who shall be the primary contact for CONTRACTING PARTY and who shall be available to respond to inquiries from the CONSULTANT in a timely fashion and who will provide CONSULTANT with the support of the CONTRACTING PARTY and its staff and other consultants on this task. 3.3 Provide CONSULTANT with reasonable access to the project property, where applicable. PART 4.0 PERIOD OF SERVICE: 4.1 CONSULTANT shall be available to begin work upon execution of this Task Order and continue until the work is completed. 4.2 Based on what is presently known, it is anticipated that the work authorized by this Task Order will be completed within approximately twelve (12) months. PART 5.0 PAYMENTS TO CONSULTANT: 5.1 CONTRACTING PARTY shall pay the CONSULTANT on a time and material basis in accordance with the attached standard Terms and Conditions and Schedule of Rates (1-07). 5.2 The estimated cost is on the order of $135,000.00. The CONSULTANT's total billing will not exceed that amount without the express prior written approval of the CONTRACTING PARTY. 5.3 In addition to the cost in Section 5.2 above, qualified sub -consultants in the professional fields of geomorphology, ornithology, biology, endangered and threatened species, and related specialties will likely be required to complete this assignment. The estimated cost for these ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Page 4 of 5 task elements is on the order of $120,000.00 out of the total figure in 5.2 above. CONSULTANT shall recommend qualified professional firms for these sub -task elements to CONTRACTING PARTY and CONTRACTING PARTY shall be provided with a subordinate Sub - Task Order similar to this Task Order #5 which shall identify the scope of services, the cost and the time period to accomplish the sub - task. CONTRACTING PARTY shall have the right, at its sole discretion, to contract directly with the recommended firm, to select a different firm, or to direct the CONSULTANT to provide these services by sub -contract, and shall so indicate to CONSULTANT in a timely manner. Such sub -contract work elements are only undertaken by the CONSULTANT per the "Terms and Conditions for Professional Services" as provided in the Agreement. This Task Order is executed as of the last date shown herein below. City of Cedar Park, Texas Environmental & Planning Associates, Inc. "CONSULTANT" BY: NAME: TITLE: "CONTRACTING PARTY" BY: NAME: TITLE: ADDRESS: DATE: Ms. Brenda Eivens City Manager 600 North Bell Blvd. Cedar Park, Texas 78613 ENVIRONMENTAL & PLANNING ASSOCIATES, INC. Barrett D. Allison President ADDRESS: 7200 Twilight Mesa Drive DATE: Austin, TX 78737-3525 Page 5 of 5 Task Order 1 Task Order 2 Task Order 3 Task Order 4 Task Order 5 Total Total Cost 100.00% $106,700.00 $19,910.00 $91,970.00 $10,560.00 $135,000.00 Round Rock Leander Cedar Park Total Cost 38.56% $41,143.52 $7,677.30 $35,463.63 $4,071.94 $52,056.00 47.26% $50,426.42 $9,409.47 $43,465.02 $4,990.66 $63,801.00 14.18% 100.00% $15,130.06 $106,700.00 $2,823.24 $19,910.00 $13,041.35 $91,970.00 $1,497.41 $10,560.00 $19,143.00 $135,000.00 $364,140.00 $140,412.38 172092.564 51635.052 $364,140.00