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R-05-12-01-9D1 - 12/1/2005RESOLUTION NO. R -05 -12 -O1 -9D1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 4 to the Agreement to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 with HDR Engineering, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 4 to the Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at alltimes during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 1st day of December, 2005 AyTEST ...L///�4411119 N. ayor City of Rou d Rock, Texas CHRISTINE R. MARTINEZ, City Sectary @PFDesktop\::ODMA./WORLDOX/O:/WDOX/RESOLUTI/R512C1D1.WPD/sc STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: HDR Engineering, Inc. ("Engineer") ADDRESS: 4401 Westgate Blvd., Austin, TX 78745 PROJECT: Red Bud Lane (CR 122) from US 79 to CR 123 This Supplemental Agreement No. 4 to Agreement for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and HDR Engineering, Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 22nd day of January, 2004 for Red Bud Lane (CR 122) from US 79 to CR 123, for the sum of $249,363.00; and WHEREAS, on the 14th day of October, 2004, the City and Engineer executed Supplemental Agreement No. 1 to amend the Agreement to modify the provisions for the scope of services, to increase the compensation by $41,255.00 to a total of $290,618.00, and to modify the provision for notices to proceed; and WHEREAS, on the 13th day of January, 2005, the City and Engineer executed Supplemental Agreement No. 2 to amend the Agreement to modify the provisions for the scope of services, to increase the compensation by $21,872.00 to a total of $312,490.00; and WHEREAS, on the 9th day of June, 2005, the City and Engineer executed Supplemental Agreement No. 3 to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $7,242.00 to a total of $319,732.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $23,643.00 to a total of $343,375.00; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit B. Supplemental Agreement hdr-redbud3; ST02REDBD; 92901 1 EXHIBIT Rev.03/02/04 64836 II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $23,643.00 the lump sum amount payable under the Agreement for a total of $343,375.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. HDR GINEERING, INC. By: 4 JA.$4.€5 K. (Kill.) 1/44 t P /1 //'/Q s - Date CITY OF ROUND ROCK APPROVED AS TO FORM: By: Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney Date Supplemental Agreement hdr-redbud3; ST02REDBD; 92901 2 Rev.03/02/04 64836 ADDENDUM TO EXHIBIT B Services to be Provided by the Engineer The changes to the scope of this project are as follows: The work to be performed under this supplemental agreement shall consist of providing the following items/information along CR 122 from CR 123 to South of Pioneer Crossing Lane: Preparation of a Categorical Exclusion (CE) in compliance with policies and procedures followed by TxDOT and the FHWA. The following scope of work outlines this process. A. Prepare Draft Categorical Exclusion The CE document will be in compliance NEPA and will follow TxDOT and FHWA polices and procedures for preparing environmental documents. Environmental professionals with specialized technical training and experience in their respective disciplines will perform the baseline and impacts analyses for various disciplines. 1. Description of Existing Facility This task will include a written description of the existing facility including project location, project limits, existing typical sections, and project location maps. 2. Purpose and Need (Basis for Proposed Action) Will work closely with personnel from the City of Round Rock, and TxDOT to develop the project description and purpose and need sections for the CE. Items listed below that may apply to the project and support the need for the project will be added to the environmental document as necessary. • Projected population growth in the area (census data) • Anticipated land use: If applicable, future zoning information will be included • Construction of new facilities such as a school, prison, or commercial/industrial complex that would influence traffic • Existing traffic and proposed projections/congestion (ADT traffic data) • Changing access needs • Accident rates • Current condition of facility — deterioration or below current standards • Environmental quality 3. Description of Alternatives Under this scope and budget, alternatives considered consist of Build and No Build options. These alternatives will be analyzed and documented. 4. Description of the Proposed Action This task will include a written description of the proposed action. Specific design details for the proposed facility will be provided by the project engineer. The proposed improvements will be documented, including length, width, and number of lanes of the proposed facility. Also included will be the proposed right-of-way width, approximate amount of right-of-way anticipated, and the location and approximate amount for any temporary or permanent easement(s). Proposed typical sections, proposed bridge layout, and land use/land cover will be included as part of the environmental document. 5. Description of Natural Setting The natural setting of the proposed project area will be documented in this section, including the physiographic region, description of the area as described in the Vegetation Types of Texas and river basin information. 6. Impacts For each of the categories listed below, literature and background searches and field reconnaissance to gather data necessary to complete a CE and support the permitting process will be conducted. Data will be provided both on a regional scale and specific to the alternatives that received primary consideration during the planning process. This information will be characterized in sufficient detail so that their comparative merits can be evaluated. The results of this effort will be utilized in the CE. The existing environment and potential impacts of the proposed alternatives are described for each discipline below. a. Land Use and Economic Impacts The effects of proposed project improvements in light of land -use trends, plans, and policies within the study area will be determined. The assessment will address potential economic effects upon adjacent businesses due to traffic diversions during and after construction. This effort may entail coordination with local officials. The applicability of Section 4(0 of the Department of Transportation Act and Section 6(f) of the Land and Water Conservation Fund Act will be reviewed. If 4(f) or 6(f) evaluations are required, they will be conducted under a separate scope and budget. The impacts to prime farmland soil units will be assessed. If coordination with the Natural Resources Conservation Service is required, it would be completed under a separate scope and budget. b. Social Impacts and Environmental Justice As applicable, this task will address potential effects of the project on neighborhoods or communities, travel patterns, access, and public safety, particularly as those changes may differentially affect various social groups and minorities. The assessment will conform to FHWA guidance for compliance with Executive Order 12898 Environmental Justice. c. Air Quality Impacts An air quality analysis is not anticipated. If an air analysis is determined necessary, it would be conducted under a separate scope and budget. d. Noise A noise analysis is not anticipated. If noise analysis is determined necessary, it would be conducted under a separate scope and budget. e. Ecological Resources Evaluations of waters of the U.S., including wetlands, in all areas potentially affected by the proposed project will be conducted and documented, and a "jurisdictional waters finding" will be provided if necessary. As part of the environmental phase of the project, B&A will notify the district if it is believed that a Section 404 permit is required and will provide the technical data to the district for application to the U.S. Army Corps of Engineers. Direct coordination with the U.S. Army Corps of Engineers would be conducted under an additional scope and budget. The remaining ecological resources including existing vegetation attributes and wildlife habitat in accordance with the TxDOT/TPWD Memorandum of Understanding and Memorandum of Agreement will be characterized. Ecologically sensitive resources, if identified, will be mapped and described in order to assess potential effects of project construction and operation. This will include the appropriate literature and aerial photography review and field verification. A literature review and habitat assessment(s) will also be performed to identify and address threatened/endangered species issues in order to ensure compliance with the Endangered Species Act. The assessment will focus on federally listed species of potential occurrence. The CE will also address compliance issues under the Migratory Bird Treaty Act relative to the proposed project. f. Hazardous Materials Contamination A visual inspection within the existing and proposed ROW to determine existing conditions will be performed, and the findings will be summarized in the document. TxDOT will be notified if further research is necessary based on the results of the visual inspections. If further research is necessary, it will need to be done under a supplemental agreement with an additional scope of work and budget. g. Cultural Resources The cultural resources task will be conducted by HDR Inc. Information provided by HDR will be summarized and documented in the CE. B. Public Involvement A meeting with affected property owners (MAPOs) may be adequate to address public involvement requirements. C. TxDOT Coordination HDR will coordinate with TxDOT for the review of the Construction Documents and respond to any comments. Comments from TxDOT are assumed to be minor in nature. Extensive revisions to the plans deemed necessary by TxDOT will require a supplemental agreement. D. Assumptions for Scope and Budget 1. If coordination with the Natural Resources Conservation Service is required, it would be completed under a separate scope and budget. 2. A Water Pollution Abatement Plan would be conducted under a separate scope and budget. 3. This scope and budget includes one coordination meeting with TxDOT Austin District and the City of Round Rock to confirm environmental document/process decisions. 4. This scope and budget does not include a geologic assessment survey to identify candidate karst features within the project area. 5. Presence/absence surveys for threatened and endangered species will be conducted under an additional scope and budget, as needed. 6. Section 7 consultations under the Endangered Species Act are not included in this scope of services. Section 7 consultation, if deemed necessary, will be accomplished under a separate scope and budget. 7. Section 4(f) and/or 6(f) studies will be conducted under an additional scope and budget, as needed. 8. TxDOT will be responsible for formal coordination with state and federal resource/regulatory agencies. 9. Access (right of entry) for environmental studies will be coordinated and secured by the City of Round Rock. 10. Mitigation planning for impacts to any potential historic sites will be addressed under a separate scope and budget. 11. Permitting for Section 404 of the Clean Water Act will be addressed under a separate scope and budget. ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: Fee Summary Project Name CR 122 (Red Bud Lane) HDR Engineering, I c t6 0 O 0 (/) U ta d' Co O N to t9 I $10,300 I M tO H 44 O. H too 0 Hours for the Classifications Steno / I Clerical 'd' N CO C CO 0 'v E 00 a) F Sr. Design Technician 0 Engineer in Training co Design Engineer V N 24 PM / Senior Engineer (O 32 48 Project Principal 0 Environmental Permitting & Coordination CE Document Preparation, Review and Coordination ITxDOT Coordination Direct Expenses Printing and Coping 1 Technology/Computer ISubconsultants Blanton & Associates Total Hours Total Additional Fee Lane(CR 122) = m -a a) W DATE: November 21, 2005 SUBJECT: City Council Meeting - December 1, 2005 ITEM: *9.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with HDR Engineering, Inc. for the final design of Red Bud Lane from US 79 to CR 123. Department: Transportation Services Staff Person: Thomas G. Martin, P. E., Director of Transportation Services Justification: The work to be performed under this supplemental agreement consists of the preparation a Categorical Exclusion (CE) in accordance with the policies and procedures of the Texas Department of Transportation (TxDOT) and the Federal Highway Administration (FHWA). Funding: Cost: $23,643.00 Source of funds: Transportation System Development Corporation (1/2 cent Sales Tax) Outside Resources: HDR Engineering, Inc. Background Information: In August, 2005, the City Council approved an Advance Funding Agreement with TxDOT to replace the existing 2 -lane bridge on Red Bud Lane (CR 122) with a new 4 -lane bridge. Ninety percent of the cost of the new bridge is being provided by the FHWA through TxDOT. In order to receive these funds from the FHWA, it is necessary for the City to conduct an environmental assessment for Brushy Creek in this area. In order to proceed with construction on this bridge, the additional services are needed to provide the necessary environmental document. Public Comment: N/A STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: HDR Engineering, Inc. ("Engineer") ADDRESS: 4401 Westgate Blvd., Austin, TX 78745 PROJECT: Red Bud Lane (CR 122) from US 79 to CR 123 This Supplemental Agreement No. 4 to Agreement for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and HDR Engineering, Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 22nd day of January, 2004 for Red Bud Lane (CR 122) from US 79 to CR 123, for the sum of $249,363.00; and WHEREAS, on the 14th day of October, 2004, the City and Engineer executed Supplemental Agreement No. 1 to amend the Agreement to modify the provisions for the scope of services, to increase the compensation by $41,255.00 to a total of $290,618.00, and to modify the provision for notices to proceed; and WHEREAS, on the 13th day of January, 2005, the City and Engineer executed Supplemental Agreement No. 2 to amend the Agreement to modify the provisions for the scope of services, to increase the compensation by $21,872.00 to a total of $312,490.00; and WHEREAS, on the 9th day of June, 2005, the City and Engineer executed Supplemental Agreement No. 3 to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $7,242.00 to a total of $319,732.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $23,643.00 to a total of $343,375.00; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit B. Supplemental Agreement hdr-redbud3; ST02REDBD; 92901 Rev.03/02/04 64836 II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $23,643.00 the lump sum amount payable under the Agreement for a total of $343,375.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. HDR ENGINEE ' NG, INC. By: Date aiiii4sK. (,re.) L/ , PE /0/4 - 6/1180e, / a fJ 05 Date Supplemental Agreement hdr-redbud3; ST02REDBD; 92901 2 Stepha L. Sheets, City Attorney Rev.03/02/04 64836 ADDENDUM TO EXHIBIT B Services to be Provided by the Engineer The changes to the scope of this project are as follows: The work to be performed under this supplemental agreement shall consist of providing the following items/information along CR 122 from CR 123 to South of Pioneer Crossing Lane: Preparation of a Categorical Exclusion (CE) in compliance with policies and procedures followed by TxDOT and the FHWA. The following scope of work outlines this process. A. Prepare Draft Categorical Exclusion The CE document will be in compliance NEPA and will follow TxDOT and FHWA polices and procedures for preparing environmental documents. Environmental professionals with specialized technical training and experience in their respective disciplines will perform the baseline and impacts analyses for various disciplines. 1. Description of Existing Facility This task will include a written description of the existing facility including project location, project limits, existing typical sections, and project location maps. 2. Purpose and Need (Basis for Proposed Action) Will work closely with personnel from the City of Round Rock, and TxDOT to develop the project description and purpose and need sections for the CE. Items listed below that may apply to the project and support the need for the project will be added to the environmental document as necessary. • Projected population growth in the area (census data) • Anticipated land use: If applicable, future zoning information will be included • Construction of new facilities such as a school, prison, or commercial/industrial complex that would influence traffic • Existing traffic and proposed projections/congestion (ADT traffic data) • Changing access needs • Accident rates • Current condition of facility — deterioration or below current standards • Environmental quality 3. Description of Alternatives Under this scope and budget, alternatives considered consist of Build and No Build options. These alternatives will be analyzed and documented. 4. Description of the Proposed Action This task will include a written description of the proposed action. Specific design details for the proposed facility will be provided by the project engineer. The proposed improvements will be documented, including length, width, and number of lanes of the proposed facility. Also included will be the proposed right-of-way width, approximate amount of right-of-way anticipated, and the location and approximate amount for any temporary or permanent easement(s). Proposed typical sections, proposed bridge layout, and land use/land cover will be included as part of the environmental document. 5. Description of Natural Setting The natural setting of the proposed project area will be documented in this section, including the physiographic region, description of the area as described in the Vegetation Types of Texas and river basin information. 6. Impacts For each of the categories listed below, literature and background searches and field reconnaissance to gather data necessary to complete a CE and support the permitting process will be conducted. Data will be provided both on a regional scale and specific to the alternatives that received primary consideration during the planning process. This information will be characterized in sufficient detail so that their comparative merits can be evaluated. The results of this effort will be utilized in the CE. The existing environment and potential impacts of the proposed alternatives are described for each discipline below. a. Land Use and Economic Impacts The effects of proposed project improvements in light of land -use trends, plans, and policies within the study area will be determined. The assessment will address potential economic effects upon adjacent businesses due to traffic diversions during and after construction. This effort may entail coordination with local officials. The applicability of Section 4(0 of the Department of Transportation Act and Section 6(0 of the Land and Water Conservation Fund Act will be reviewed. If 4(f) or 6(0 evaluations are required, they will be conducted under a separate scope and budget. The impacts to prime farmland soil units will be assessed. If coordination with the Natural Resources Conservation Service is required, it would be completed under a separate scope and budget. b. Social Impacts and Environmental Justice As applicable, this task will address potential effects of the project on neighborhoods or communities, travel patterns, access, and public safety, particularly as those changes may differentially affect various social groups and minorities. The assessment will conform to FHWA guidance for compliance with Executive Order 12898 Environmental Justice. c. Air Quality Impacts An air quality analysis is not anticipated. If an air analysis is determined necessary, it would be conducted under a separate scope and budget. d. Noise A noise analysis is not anticipated. If noise analysis is determined necessary, it would be conducted under a separate scope and budget. e. Ecological Resources Evaluations of waters of the U.S., including wetlands, in all areas potentially affected by the proposed project will be conducted and documented, and a "jurisdictional waters finding" will be provided if necessary. As part of the environmental phase of the project, B&A will notify the district if it is believed that a Section 404 permit is required and will provide the technical data to the district for application to the U.S. Army Corps of Engineers. Direct coordination with the U.S. Army Corps of Engineers would be conducted under an additional scope and budget. The remaining ecological resources including existing vegetation attributes and wildlife habitat in accordance with the TxDOT/TPWD Memorandum of Understanding and Memorandum of Agreement will be characterized. Ecologically sensitive resources, if identified, will be mapped and described inorder to assess potential effects of project construction and operation. This will include the appropriate literature and aerial photography review and field verification. A literature review and habitat assessment(s) will also be performed to identify and address threatened/endangered species issues in order to ensure compliance with the Endangered Species Act. The assessment will focus on federally listed species of potential occurrence. The CE will also address compliance issues under the Migratory Bird Treaty Act relative to the proposed project. f. Hazardous Materials Contamination A visual inspection within the existing and proposed ROW to determine existing conditions will be performed, and the findings will be summarized in the document. TxDOT will be notified if further research is necessary based on the results of the visual inspections. If further research is necessary, it will need to be done under a supplemental agreement with an additional scope of work and budget. g. Cultural Resources The cultural resources task will be conducted by HDR Inc. Information provided by HDR will be summarized and documented in the CE. B. Public Involvement A meeting with affected property owners (MAPOs) may be adequate to address public involvement requirements. C. TxDOT Coordination HDR will coordinate with TxDOT for the review of the Construction Documents and respond to any comments. Comments from TxDOT are assumed to be minor in nature. Extensive revisions to the plans deemed necessary by TxDOT will require a supplemental agreement. D. Assumptions for Scope and Budget 1. If coordination with the Natural Resources Conservation Service is required, it would be completed under a separate scope and budget. 2. A Water Pollution Abatement Plan would be conducted under a separate scope and budget. 3. This scope and budget includes one coordination meeting with TxDOT Austin District and the City of Round Rock to confirm environmental document/process decisions. 4. This scope and budget does not include a geologic assessment survey to identify candidate karst features within the project area. 5. Presence/absence surveys for threatened and endangered species will be conducted under an additional scope and budget, as needed. 6. Section 7 consultations under the Endangered Species Act are not included in this scope of services. Section 7 consultation, if deemed necessary, will be accomplished under a separate scope and budget. 7. Section 4(f) and/or 6(f) studies will be conducted under an additional scope and budget, as needed. 8. TxDOT will be responsible for formal coordination with state and federal resource/regulatory agencies. 9. Access (right of entry) for environmental studies will be coordinated and secured by the City of Round Rock. 10. Mitigation planning for impacts to any potential historic sites will be addressed under a separate scope and budget. 11. Permitting for Section 404 of the Clean Water Act will be addressed under a separate scope and budget. ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: as E E N 0 W Project Name CR 122 (Red Bud Lane) HDR Engineering, Inc. NN $5,647 I 1111 1 24 16 1 0 1 8 1 6 I 102 1 $23,643 I io H I 58 Hours for the Classifications Steno / Clerical V N CADD Technician co Sr. Design Technician Engineer in Training Design Engineer 24 PM / Senior Engineer t0 r N M 48 ITS O a Environmental Permitting & Coordination ICE Document Preparation, Review and Coordination TxDOT Coordination Direct Expenses 1 Printing and Coping 1 Technology/Computer Subconsultants IBlanton & Associates 'Total Hours Total Additional Fee