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CM-12-03-48Item Caption: CM—l2.o3—DcE1vEo MAR 14 2012 City Manager Approval Form Consider executing Supplemental Contract No. 1 with Jacobs Engineering Group, Inc. for the Round Rock Treated Transmission Line Segment 3 Project. Approval Date: March 16, 2012 Department Name: Utilities and Environmental Services Department Project Manager: Jeff Bell Assigned Attorney: Steve Sheets Item Summary: This Supplemental Contract No. 1 is for the Segment 3 waterline project of the Brushy Creek Regional Treated Water Line System. During the process of the Preliminary Engineering Report, it was noted that there was a possibility of the Golden-cheeked Warbler habitat, as well as an identified existing Karst feature where invertebrate habitation could be possible. There are also three creek crossings other than Brushy Creek, where an additional salamander study is necessary. The objective of this Supplemental Agreement is to perform additional environmental services that address outstanding issues and obtain compliance with federal regulations related to potential impacts to waters of the U.S. and endangered species associated with the preferred routing and alignment of the Segment 3 waterline. The primary elements of the additional services include: • Application for participation to the Williamson County Regional Habitat Conservation Plan (WCRHCP) for karst invertebrates • Golden-cheeked Warbler (GCWA) Presence/Absence (P/A) Survey • Salamander Survey • Support for Section 7 Consultation with U.S. Fish & Wildlife (USFW) No. of Originals Submitted: 2 Project Name: Round Rock Treated Transmission Line -Segment 3 Cost: $30,045 Source of Funds: Regional Water Fund Source of Funds (if applicable): Select Source Fund Account Number: Finance Director Approval: Cheryl Delaney Date: 3/14/12 Department Director Approval: Michael Thane Date: 3-12-12 **Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. ** CIP ❑ a Budget a Purchasing Accounting E N/A OK N/A OK N/A OK N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: JACOBS ENGINEERING GROUP, INC. ("Engineer") ADDRESS: 2705 Bee Cave Road, Suite 300, Austin, TX 78746-5688 PROJECT: Round Rock Treated Transmission Line Segment 3 This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Jacobs Engineering Group, Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 25th day of August, 2011 for the Round Rock Treated Transmission Line Segment 3 Project in the amount of $1,149,436.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $30,045.00 to a total of $1,179,481.00; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit C, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit C. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $30,045.00 the lump sum amount payable under the Contract for a total of $1,179,481.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. Supplemental Contract Rev. 12/01/08 0199.7181; 00245168 84275 WL04SEG3BCR 1 Clot- 1Z-- b314 $ JACOBS ENGINEERING GROU INC. B Date CITY OF ROUND ROCK By: 03, Date APP O EDS TO FORM: gee Stepha PAIgita L. Sheets, City Attorney Supplemental Contract Rev.12/01/08 0199.7181; 00245168 84275 W1.04SEG3BCR 2 G ADDENDUM TO EXHIBIT B Engineering Services GENERAL The objective of this Supplemental Agreement is to perform additional environmental services that address outstanding issues and obtain compliance with federal regulations related to potential impacts to waters of the U.S. and endangered species associated with the preferred routing and alignment of the Segment 3 pipeline. The primary elements of the additional services include: • Application for participation to the Williamson County Regional Habitat Conservation Plan (WCRHCP) for karst invertebrates • Golden-cheeked Warbler (GCWA) Presence/Absence (P/A) Survey • Salamander Survey • Support for Section 7 Consultation with U.S. Fish & Wildlife (USFW). Specific services included in this Supplemental Agreement No.1 are described herein. BASIC SERVICES A. Additional Environmental Investigation & Permitting 1. Overall Environmental Permitting Coordination. Manage overall scope, schedule, and budget of additional environmental services. Also, coordinate with Owner and prepare for and attend necessary coordination meetings with WCRHCP, USACE, and/or USFW to obtain required permits/approvals. 2. Williamson County Regional Habitat Conservation Plan (WCRHCP). Participation in the WCRHCP will be utilized to satisfy USFWS mitigation requirements for karst invertebrates. • Prepare a WCRHCP application and submit to Williamson County • Coordinate with WCRHCP regarding use of the existing GCWA habitat evaluation. 3. Golden-cheeked Warbler (GCWA) Presence/Absence (P/A) Survey, Conduct a Spring 2012 P/A survey in accordance with the most recent USFWS protocols and requirements for the proposed project alignment, if necessary. If the USFWS approves the existing habitat evaluation completed by Jacobs, a P/A survey may not be warranted. • Pursuant to WCRHCP guidelines, only one year of survey is required • Minimum of five site visits with no more than one visit within any 5 -day period to be conducted prior to May 15, 2012 • Each site survey will consist of at least two hours of survey by two field biologists • Upon completion of the survey, extrapolate the required data from field records, convert it to GIS format, and submit to USFWS per the current P/A survey protocol and reporting requirements • Upon completion of the survey, a report including all survey results will be provided to the client. 4. Salamander Survey. The Jollyville Plateau Salamander (JPS) and Georgetown salamander are currently candidates for protection under the Endangered Species Act, however USFWS may list the species as endangered as soon as March 2012. In order to document the presence or absence 1 of the species within the project area, a P/A survey for the salamanders will be conducted for the proposed project corridor. The results of the survey will be utilized during section 7 consultation to achieve an `effects determination', which will be of particular importance if the species do become listed in the near term. • Conduct a survey to evaluate the presence of springs in and within 300 feet of the utility easement • This survey will consist of walking tributaries that intersect the alignment to look for spring flow and vegetation associated with springs • Simultaneous to the survey of the springs, a census survey for the Jollyville Plateau salamander, and candidate species for listing, will be perfortned • Once the spring survey has been completed, a summary report of findings will be prepared and provided to the client. 5. Section 7 Consultation Between USACE and USFWS. In accordance with section 7 of the Endangered Species Act (ESA), the USACE must consult with USFWS when any action the USACE authorizes inay affect a listed endangered or threatened species. The project is planning to participate in the WCRHCP for potential impacts to endangered karst invertebrates (see item 3.iv); this action implies that the project might affect endangered karst invertebrates, and therefore triggers the section 7 consultation process between the USACE and the USFWS. Section 7 consultation will address effects to karst invertebrates, GCWA, and salamanders. Participation in the WCRHCP will be utilized to satisfy USFWS mitigation requirements for karst invertebrates. • Prepare a Biological Assessment for submittal to USACE to be utilized during section 7 consultation with USFWS for effects to endangered species • Provide a report that addresses any impacts to endangered species as a result of the project, as well as proposed minimization and avoidance efforts; this report will be the basis from which the necessary authorizations will be requests from USFWS. EXCLUSIONS The following items are not included in the scope of work and will not be performed without written authorization by the City: 1. Environmental and/or agency permitting fees including, but not limited to, WCHCP, USFW, and/or USACE. Assume fees will be paid directly by City. 2. Section 10A permit associated with impact to endangered species not currently covered by WCRHCP. CLARIFICATIONS & ASSUMPTIONS The following items are clarifications and assumptions related to the scope of work described herein. 1. Services herein address outstanding issues related to impacts to waters of the U.S. and itnpacts to endangered species associated with the preferred routing and alignment. Alternative construction methods or alternative routing would impact the following and would entail their own, different, permitting and procedural requirements. 2 ADDENDUM TO EXHIBIT D Fee Schedule ireCfis, Total Jacobs Total Subs E)cpeDf Total Services ol jl `I a . W �a 401 co 49. ai vs a fA 8 W CD d,. 01 "hea i` d q rdQh IE all 5r 'l 11 f: " " S 4* . 411. 1 40 Mg .f M i YY, '•1 4, 1 IIA 15o 0 CD 40{ 0 YJ It) ,,W AA Oa N 0 IIF a1 44 N CNI 44. to �, 'I 4,}' y 4k` co coSYS •.1 '4) $ 523,845 0 }i= y''I� �rrtG,uj L, 1v 9a yr it yrf Ir 1fa4 !dpi SII ,ilisr 1 Project Management { 2 IWCRHCP Application 4 0; co) 1 4Salamander Survey 1 5 1Section 7 Consultation Total - Amendment No. 1 Original Contract Amount Grand Total - Original Contract + Amend No. 1 ti H Lai - o t