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R-07-03-08-12B2 - 3/8/2007 RESOLUTION NO. R-07-03-08-12B2 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with PBS&J for the design of the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive, and WHEREAS, PBS&J has submitted Supplemental Contract No. 1 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 1 with PBS&J, 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 Contract No. 1 to the Contract with PBS&J, 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 all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of March, /01 ] Mayor zCity of Round Rock, Texas EST: tc�wen CHRISTINE R. MARTINEZ, City Sec tart' O:\Wdox\RESOLOTI\R70309B2.WPD/rMC STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: PBS&J("Engineer") ADDRESS: 6504 Bridge Point Parkway, Suite 200, Austin, TX 78730 PROJECT: CREEK BEND DRIVE (FROM CREEK BEND CIR. TO WYOMING SPRINGS DR) 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 PBS&J, hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the"Contract", on the 23rd day of November, 2004 for the Creek Bend Drive(from Creek Bend Cir. to Wyoming Springs Dr.) Project in the amount of$728,000.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services,to increase the compensation by$181,127.00 to a total of$909,127.00;and NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2, Engineerinit 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 $181,127.00 the lump sum amount payable under the Contract for a total of$909,127.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. EXHISIT 'W' Supplemental Contract#1 .07/06/06 Rev ST38LDBTR 110898 0127.0057 84275 1 PBS&J By: .�� - Printed Name: Title: Date CITY OF ROUND ROCK APPROVED AS TO FORM: By: Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney Date Supplemental Contract Al ST38LDBTR Rev.07/06/06 110898 0127.0057 84275 2 ADDENDUM TO EXHIBIT A Qty Services The changes to the scope of this project are as follows: PHASES II FC120 ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 1. Provide enhanced level of environmental guidance on selecting appropriate stakeholders for public meeting due to increased complexity of environmental clearance. 2. The city will advertise and mail out public meeting/hearing notifications. 3. The city will provide the public meeting / hearing meeting facility, bilingual services, legal notices,court reporters or other special services such as sign language interpreters. ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: PHASE 2 The following is an understanding and outline of the scope of services that supports the Engineer's Supplemental Work Authorization #1 fee schedule and cost proposal for the proposed City of Round Rock Creek Bend roadway extension project located in Williamson County, Texas. This scope of services reflects the work necessary to progress the current preliminary schematic developed in Phase 1 through the environmental, mitigation, and water quality NEPA process. The following supplemental expands the previously approved Phase 2 scope of services to include enhanced environmental services FC 120 ENVIRONMENTAL DOCUMENTATION The Engineer will conduct environmental services in order to prepare an Environmental Assessment(EA) and public involvement for the referenced project. All work will be conducted to obtain a Preferred Alternative. The Engineer will document and assess the impacts to the human and natural environment for the proposed project. The Engineer will assemble and summarize all technical information, methodologies, and results of analyses in the correct format for an EA, in accordance with applicable procedures of the State of Texas, and the requirement of the National Environmental Policy Act (NEPA) and Federal Highway Administration (FHWA) Technical Advisory 6640.8A. The EA will address the following topics: A. Purpose and Need The Engineer will discuss the purpose and need for the project based on information provided by the City. The information provided and the discussion will include: 1. Project status and history 2. Project need 3. System linkage 4. Transportation demand and capacity B. Alternatives 1. Alternatives Analysis The Engineer will discuss the list of alternatives, including any previously developed and any identified in this study based on information and analysis provided by the City. The Engineer shall provide documentation in support of the purpose and need. 2. Constraints Mapping The Engineer shall prepare a constraints map utilizing information obtained from the following: a. The most recently available and reasonably available color infrared aerial photography, National Wetlands Inventory (NWI) maps, Williamson County soil survey, and other data sources to identify potential wetlands within the project study area. b. Regulatory records review for the project study area to include regulatory agency database lists (UST°s, RCRA, CERCLA, LUST, ERNS) from city, county, state, and federal records including the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ). Well data will be obtained from the Texas Railroad Commission(RRC). c. Archaeological site records on file at the Texas Archeological Research Laboratory (TARL) at the University of Texas in Austin, Texas, to determine the presence of recorded archeological sites within the proposed project study area. In addition, the Engineer will complete a National Register records review to identify any historical resources in the proposed project study area. d. Texas Parks & Wildlife Department's (TPWD Natural Diversity Database (NDD) to identify any protected species or their preferred habitats that are documented within the project study area. e. Federal Emergency Management Agency (FEMA) flood insurance maps to determine the boundaries of the 100-year and 500-year floodplain maps. f. Land use (based on USGS maps), utility easements and known utilities, and existing transportation facilities. Using the constraints map as a planning tool, the Engineer will assess the alignment developed in Phase 1. This alignment will be overlaid on the constraints map and made suitable for display at the public meeting. Upon field review and public comments, the preferred alternative will refined as necessary. 3. Description of Alternatives Each alternative will be documented in summary form as the basis for establishing the preferred alternative.The evaluation will include consideration of: a. The No-Build(Do-Nothing) Alternative b. The Build Altemative(s) Discussions will be provided on the range of alternatives, including the methodology by which alternatives were initially identified,selected for further study and documented in the EA, or eliminated from study.For budgeting purposes, only one build alternative(preferred alternative)will be studied in detail for the EA. C. Environmental Impacts The Engineer will evaluate the existing environment within the study area. Information on the existing social, economic, and environmental setting within the study area will be obtained, reviewed, and used to evaluate the impacts of the preferred alternative. This will include information from data collection, literature reviews, agency contacts,and field investigations.The Engineer will document the environmental impacts of the preferred alternative under detailed study and consideration. The discussion of impacts will include their relationship to the surrounding study area so that relative importance or significance can be determined. Adequate attention will be given to the impacts of the No-Build Alternative.Impacts to be addressed will be in accordance with applicable state and federal guidelines, and will include the following as applicable to this project. 1. Land Use/Relocation Impacts The Engineer shall update and identify, by use, land use plans and windshield surveys, current land uses and any anticipated land uses. The Engineer shall review subdivision plats in addition to any surveys and land use plans. The effects of the No-Build Alternative versus the preferred alternative will be characterized in light of land use trends,plans and policies within the project area including the following: a. Review plans (transportation, land,use,municipal,and state); b. Identify impacted businesses, residences and land uses within the study area (estimate number, description, type of occupancy, and size of acquired property and displaced residences and businesses); C. Identify potentially affected community resources (school districts and facilities, churches, civic buildings, cefeeties,parks, and recreation areas); d. Estimate number and socioeconomic characteristics of households to be relocated (based on windshield survey only, records search and/or intrusive interviews will not be conducted). 2. Prime Farmlands The Engineer shall identify farmland impacts in accordance with the Farmland Protection Policy Act. The Engineer will coordinate with the NRCS to determine impacts to prime and unique farmlands and farmlands of local importance within the right of way (ROW) limits of the preferred alternative. The Engineer will calculate the acres of lands utilized for agriculture, silviculture, or pasture and grazing, discuss the impacts of the project on these farmland areas,and process the Conversion Impacts Rating Form AD 1006. 3. Social and Economic Impacts The Engineer shall address(prepare the following: a. Identify potential changes to local neighborhoods or communities and the effects on community cohesion relating to travel patterns, access, and public safety,particularly those changes that may differentially affect various social groups and minorities will be discussed. Identify impacts(accessibility, splitting neighborhoods, etc.)on school districts,recreation areas,churches,businesses,police, and fire protection. b. Perform an environmental justice analysis in accordance with the requirements of Executive Order 12898 (on Environmental Justice). Use census data and/or locally supplied information to assess whether the impacts are disproportionate. C. Address Executive Order 13166, "Improving Access to Services for Person with Limited English Proficiency (LEP)',which requires federal agencies to examine the services they provide and identify any need for services to those with limited English proficiency. d. Identify specific employers and employment trends affected in the vicinity of the project e. General impact on economic vitality of area f. Impact on established business districts and public and private sectors 4. Pedestrian and Bicycle Facilities The Engineer shall discuss the effects on pedestrian and bicyclist safety and accessibility in the Social and Land Use sections. 5. Air Quality An air quality analysis using CALINE 3/Mobile 6 software is required for an added capacity project on a roadway with more than 20,000 Average Annual Daily Traffic (AADT). The projected AADT is anticipated to fall below 20,000 AADT, therefore an air quality analysis would not be required. The Engineer will document the basis for this determination in the EA. The Engineer shall conduct a Qualitative Assessment for mobile source air toxics(MSAT) which should include the following elements: a. A brief MSAT description and discussion of national trend data projecting substantial overall reductions in emissions due to stricter engine and fuel regulations issued by EPA, b. A comparison of the expected effect of the project on traffic volumes,vehicle mix, or routing of traffic,and the associated assumed changes in MSATs, C. Identification of sensitive receptors (i.e., schools, licensed day cares, elder care facilities, and hospitals located within 100 and 500 feets of the ROW, d. A discussion of information that is incomplete or unavailable for a project-specific assessment of MSAT impacts, in compliance with CEQ regulations (40 CFR 1502.22(b)), e. A summary of current studies regarding the health impacts of MSATs, in compliance with 40 CFR 150.22(b). 6. Noise Analysls The Engineer will perform a traffic noise analysis for the proposed project by modeling existing receivers and contours utilizing the FHWA Traffic Noise Model (TNM version 2.5). The Engineer will use traffic volumes for the year of design and 20 years from that date and an electronic copy of the most recent diagrammatic layout (including plan and profile, existing and proposed alignments, building footprints, contour lines, topo layers, etc) to do this analysis. The Engineer will conduct one site visit to verify noise receivers shown on the diagrammatic layout and existing aerial photography and take ambient noise measurements. The Engineer will model traffic noise impacts for up to 6 Category B, C, and/or E receivers. The Engineer will perform noise barrier analyses where applicable and will conduct noise contour analyses (66 and 71 dBA contours) at three Category D lands, if applicable. The interior areas of receivers (Category E) will be modeled if the exterior areas are physically shielded from the roadway or if there is little or no human activity in the exterior areas adjacent to the roadway. The summary of the noise analysis shall be included in the EA for the project. 7. Water Resources/Hydrology/Floodplain Impacts a. Surface water The Engineer shall address/prepare the following: i. Surface Water Hydrology and Drainage Features in the immediate study area; ii. Surface Water Drainage Impacts—Based on existing engineering studies and hydraulic information (does not include any additional engineering hydraulics studies at this level); iii. Surface Water Quality Impacts—Based on existing surface water quality data. b. Groundwater The Engineer shall enumerate the possible impacts to the groundwater resources and water wells in the area. The Engineer will identify water wells that would be impacted by the preferred alternative from state databases. Impacts associated with the preferred alternative will be assessed. C. Hydrology/Floodplains The Engineer shall conduct floodplain impact studies to determine whether the preferred alternative has the potential to affect floodplains. The Engineer shall document the following: i. Briefly describe the watershed characteristics of the study area in terms of land uses and changes in land use that may affect stream discharge. ii. Briefly describe the streams in the study area, including evidence of stream migration,downcutting or aggradation. iii. Identify the presence and nature (e.g., zone A, zone AE, zone AE with floodway)of any FEMA mapped floodplains. iv. Indicate the existence of any significant development associated with the mapped area and identify the jurisdiction responsible for the floodplain. V. Identify the number of locations where the preferred alternative will encroach on the base (100-year) floodplain ("encroachments"), where the preferred alternative will support incompatible floodplain development and the potential impacts of encroachments and floodplain development. vi. Include a list of all jurisdictions having control over floodplains for the preferred alternative. Where an encroachment or support of incompatible floodplain development results in impacts, the Engineer shall document the location, impacts and appropriate mitigation measures. In addition, if the preferred alternative (1) results in a floodplain encroachment or supports incompatible floodplain development having significant impacts, or (2) requires a commitment to a particular structure size or type, the Engineer shall include an evaluation and discussion of practicable alternatives to the structure or to the significant encroachment. The evaluation of alternatives shall be specific to the preferred alternative horizontal alignment and include Hydrologic & Hydraulic modeling. The Engineer shall include exhibits which display the base floodplains and,where applicable,the regulatory floodplains. If the preferred alternative encroaches on a designated or proposed regulatory floodplain, the Engineer shall provide a preliminary indication of whether the encroachment would be consistent with or require a revision to the regulatory floodplain. The Engineer will identify the stream crossings, river networks, adjacent major waterbodies and watershed basins for the purposes of water quality management. The Engineer will identify water quality permit requirements. 8. Waters of the U.S./Wetlands Investigation a. Waters of the U.S. A field survey of Waters of the U.S. shall be conducted and an assessment shall be provided. The Engineer shall conduct a Waters of the U.S.assessment that identifies potential types, functions, quality, and limits of jurisdictional Waters of the U.S. along the prefer:ed alternative. Acreages of potentially impacted Waters of the U.S. will be documented. Jurisdictional limits of Waters of the U.S. will be identified. The length of affected jurisdictional Waters of the U.S. will be documented for the preferred alternative. For the Draft EA, this will include the following: i. Potential Waters of the U.S. identified within the ROW of the preferred alternative will be based on the following: • Implementation of the methodology presented in the 1987 USACE Wetland Delineation Manual and the regulations presented in the Clean Water Act. • Use of soil maps and other available soils data for the study area. Representative soils (particularly at suspected wetland sites) will be examined during field studies where right-of-entry is obtained by experienced biologists and/or soil scientists. • Review of USGS topographic quad sheets for the study area. • Review of U.S. Fish and Wildlife Service's (USFWS) National Wetland Inventory Maps. • Aerial photographs. • Field investigations conducted within the ROW of the preferred alternative. ii. The area of impact for each Waters of the U.S.will be summarized. iii. Waters of the U.S. quality and quantity will be addressed within the project ROW. On-site investigations will be conducted where right-of-entry is obtained. The Engineer shall develop and discussed in a general manner a conceptual mitigation plan for inclusion in the Draft EA. Types of mitigation proposed, such as restoration, enhancement, creation and banking, along with related mitigation ratios will be considered and discussed, if applicable. If a mitigation plan will be required in association with necessary permitting, it will be completed under a separate scope and budget. b. Wetland Delineations i. The Engineer shall perform wetland delineations in accordance with the 1987 USAGE Wetlands Delineation Manual (Technical Report Y-87-1) that shall include all field work and compilation of field documentation for the preferred alternative. The delineation will identify areas of jurisdictional wetlands within the ROW of the preferred alternative. The boundaries of the wetlands will be mapped using a hand held Global Positioning System (GPS). The aerial extent of the waters of the US will be determined. The results will be reported on aerial photographs and included in the wetland delineation report. ii. The Engineer shall produce and submit four copies of a draft wetland delineation report for review and approval by the State and USAGE. The Engineer shall address State and USAGE comments on the draft report and submit four (4) copies of the final wetland delineations report to the State within 30 days of receipt of comments from the State or USAGE. Deliverables • Draft Wetlands Delineation Report in PDF format(4 copies) • Final Wetlands Delineation Report in PDF format(4 copies) iii. USAGE Verification It is anticipated that the USAGE will require at least one site visit to the project area to verify the wetland field delineation and report. The Engineer shall stake the proposed ROW and potential jurisdictional wetlands/waters in the field just prior to the USAGE field verification visit, especially in areas that have a high potential of disturbance because of weather, animals, or human activities. The jurisdictional boundaries will be located on a schematic or plan layout and sealed by a Professional Engineer (P.E) or Registered Professional Land Surveyor by the Engineer after the verification is complete. The Engineer will accompany the USAGE during the site visit. USAGE requests for changes in jurisdictional boundaries will be identified in the field and submitted to the State and the USAGE as an amendment to the wetland delineation report. 9. Geological Resources a. Geology and Soils The Engineer will identify and describe the physiography, topography, soils types, and geology of the study area. b. Karst Feature Survey The Engineer will conduct a karst feature survey in accordance with current USFWS protocols. Karst survey tasks to be completed are described below: L Background Geology Published geologic reports will be reviewed and the information used to establish the geologic and ground water conditions beneath the 7.5-acre project site. Primary sources of information will be geological and ground water reports published by the Bureau of Economic Geology, Texas Water Development Board, and U.S. Geological Survey. Other sources including fault and lineament maps, and topographic maps will also be reviewed. Relevant cave-related publications including published cave surveys will be reviewed for any known features within a 1 mile radius of the site. ii. Aerial Photography Examination Aerial photography of the project and surrounding areas will be examined for evidence of fractures, lineaments, sinkholes, lithologic contacts, and other potentially relevant karst features. Aerial photographs may not provide valuable information due to the dense vegetation present in the project area. iii. Field Survey The Engineer will conduct a walking survey to locate and describe karst features that may be habitat for threatened or endangered cave species. The survey will conducted along transects that normally have 50 foot spacing, unless site conditions require more closely spaced transects. The survey will be conducted and supervised by a geologist meeting USFWS's criteria for a karst geologist and assisted by a staff geologist meeting the criteria of a karst technician. Identified features will be marked with flagging and photographed,and their positions will be determined using a handheld GPS instrument. USFWS protocols recommend surveying all areas within 500 feets of the area to be developed, especially those hydrologically downgradient of the area to be developed and identified caves. Based on the results of the literature review and the field survey, a determination will be made to survey the 500-feet buffer upgradient from the site. iv. Report of Findings The findings of the karst feature survey will be presented in a written report. The report will include the following elements: • Narrative describing the location, topography, roads, drainages, and impervious cover of the project and adjacent areas. • Narrative of the geology within the Project Site, including stratigraphy, structure, lithologic contacts, fractures, faults, lineaments, sinkholes, known caves,USFWS karst zones,and dominate soil types. • Narrative describing when the survey was conducted and the methods used to complete it. • Narrative describing each identified karst feature, including dimensions, type, trend, approximate entrance elevation, geologic characteristics, and surface drainage area. (Initial description will include a preliminary evaluation consisting of a light hand excavation only.) • U. S. Geological Survey topographic map (7.5 minute or larger scale) delineating the area surveyed, regional karst zones (as defined by USFWS), and karst features identified in the surveyed area. The map shall also show known caves and faults within the vicinity of the project site, which were discovered through available literature, aerial photographs, or other sources. • Names and qualifications of the persons that conducted the survey. Deliverables • Draft Karst Survey Report in PDF format(4 copies) • Final Karst Survey Report in PDF format(4 copies) 10. Ecological Resources The Engineer will address/prepare the following due to NEPA Process: a. Vegetation Communities i. Assess potential impacts to the vegetation communities by quantifying the extent (in-house mapping only — no exhibit produced) of vegetation communities for the preferred alternative. Discuss impacted vegetation in the context of the overall study area. ii. Discussion should include a general description of trees being removed by the expansion. Description will include species of trees, range of size (dbh) and approximate number removed. b. Fish and Wildlife Resources i. Assess potential impacts to the fish and wildlife resources within the preferred alternative by examining habitats based primarily on vegetation communities. Discuss impacted habitat in the context of the overall study area. 11. Threatened and Endangered Species The Engineer shall perform the biological services as outlined below. a. Surveys for Protected Species or Habitat of Protected Species The Engineer shall perform surveys for protected species or for potentially suitable habitat of protected species. i. For the purposes of this contract,protected species shall include: • All species listed by the USFWS as threatened or endangered or proposed for listing as threatened or endangered(50 C.F.R. 17.11-12); • All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register); • Species listed as threatened or endangered species by TPWD (State of Texas Threatened and Endangered Species Listings, TPWD); • Species protected by the Migratory Bird Treaty Act(50 C.F.R. 10.13). Note: This effort will include documenting migratory birds observed during field visits and assessing vegetative communities .Species specific surveys for mign7tory birds are not feasible since almost I,000 species are Protected by the Migratory Bird Treaty Act. ii. The Engineer shall examine existing data to determine the likelihood that protected species, their habitat, or designated critical habitat (per 50 C.F.R. 17.94-95)could be impacted by the Transportation Activity.Existing data shall include the records of the TPWD Natural Diversity Database(NDD). iii. Personnel conducting presence/absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. iv. If critical habitat (50 C.F.R. 17.94-95) has been designated for a federally protected species, the Engineer shall determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. V. For all surveys, the Engineer shall furnish a written report to the State. The report shall include: • Sources for and results of preliminary data collection, • The name(s)of the person(s)performing the fieldwork, • Dates of fieldwork, • Weather conditions at the time of the survey(s), • Species for which survey was performed, • Whether potential habitat for protected species(including designated critical habitat)is present, • Whether the protected species is absent or present, • Survey protocols or other methods used, • The Engineer's analysis of the Transportation Activity's potential to affect critical habitat and recommendations (if any) for species/habitat conservation, • Appropriate 7.5 minute U.S.G.S topographic quad map(s) showing all areas surveyed for protected species, habitat for protected species, designated critical habitat boundaries, if any, and location(s) of protected species occurrence, • Representative photographs of the area(s)surveyed. b. Habitat Analysis The Engineer shall perform an analysis/characterization of habitat and habitat impacts for the study area. If the Engineer encounters protected species or habitat for protected species,the Engineer shall notify the City immediately. i. Descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) within the study area be based upon The Vegetation Types of Texas,Including Cropland(TPWD, 1984). ii. Land use for transportation activities involving no new ROW: • The habitat description shall indicate the vegetative type(s) listed for the study area in The Vegetation Types of Texns, Including Cropland. The habitat description shall indicate whether an S1, S2, or S3 vegetation series listed in 'Plant Communities of Texas (Series Level)" (Texas Natural Heritage Program, April 1993)is present. • The habitat description shall include a description of the existing vegetation in the ROW of the transportation activity. The habitat description shall describe potentially suitable habitat for protected species if such habitat occurs within or immediately adjacent to the ROW. The description shall indicate the presence or absence of distinct vegetative types (per The Vegetation Types of Texas, Including Cropland) or S1, S2, or S3 vegetation series(per 'Plant Communities of Texas (Series Level)") if any have been identified during field inspections. The Engineer shall supplement the description with maps (based on USGS 7.5'maps) and photographs. Maps shall be annotated to indicate the locations and areas of distinct vegetative types (per The Vegetation Types of Texas; Including Cropland) or S1, S2, or S3 vegetation series (per 'Plant Communities of Texas (Series Level)") if any have been identified during field inspections. Representative photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. If the vegetation within the ROW does not match the description in The Vegetation Types of Texas, Including Cropland or if there is an unusual difference between the vegetation in the ROW and outside the ROW, additional details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the vegetative types described The Vegetation Types of Texas, Including Cropland.Unusual vegetation features may include: — Unmaintained vegetation, — Trees or shrubs along a fenceline adjacent to a field (fencerow vegetation), — Riparian vegetation (particularly where fields/cropland extend up to the riparian corridor), — Trees that are unusually larger than other trees in the area, — Unusual stands or islands of vegetation. • If special habitat features are present, additional details shall be included in the description to clearly describe the feature(s)present and to explain why the feature(s) should be regarded as special. Special habitat features include: — Bottomland hardwoods, — Caves, — Cliffs and bluffs, — Native prairies (particularly those with climax species of native grasses and forbs), — Ponds(temporary and permanent,natural and man-made), — Seeps or springs, — Snags(dead trees)or groups of snags, — Water bodies(creeks, streams,rivers, etc), — Existing bridges with known or easily-observed bird or bat colonies. • The habitat analysis shall contain a description of anticipated impacts to vegetation. The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s)of facility proposed for the transportation activity. iii. Land use within and outside the proposed ROW shall be described. If lack of access to the new location ROW limits field observation for the habitat description, existing published sources shall be used to provide an estimate. The description of vegetation shall include the following: • Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous(grass and forbD present, • Height of trees(range), if present, • Diafeet at Breast Height(DBH)of trees(range and average), if present, • Percent canopy cover of trees, if present, • Acreage for each vegetation type present. C. Analysis of Stream Modifications and Associated Habitats The Engineer shall provide habitat impact analysis when modification of a stream channel is included as part of the Transportation Activity where the streambed is being relocated (channelization), straightened, altered (deepened or widened), or cleaned as a part of road/bridge construction or as an easement involving drainage improvements. The report on the habitat impact analysis shall describe impacts, both direct and indirect, to the adjacent riparian habitats associated with stream modifications, and shall include: i. A description of existing vegetation. ii. Areal extent of temporary and permanent impacts, in acres, including impacts in temporary or permanent easements outside the proposed ROW, iii. Type of impacts proposed to affect the channel (e.g., channelization) and adjacent surfaces(e.g.,clearing for equipment operation), The Engineer shall coordinate between the State and USFWS or TPWD as directed by the State to ensure that proper rules, regulations and policies are followed in providing biological services in connection with this section of this Attachment. All coordination between the Engineer and resource agencies shall be approved in advance by the State. Deliverables • Draft Habitat Survey Report in PDF format(4 copies) • Final Habitat Survey Report in PDF format(4 copies) 12. Cultural Resources The Engineer will perform archaeological and non-archaeological historic resources surveys/investigations within the limits of property access such that TxDOT can complete the Section 106 process and fulfill the requirements of the Antiquities Code of Texas. Based on the Engineer's current knowledge of the project area, the Engineer recommends that an updated background records review be conducted and that the entire project are a be intensively surveyed for archaeological and no-archaeological historic resources according to TxDOT-approved procedures outlined below. a. Archaeological Resource Studies The Engineer will perform the archaeology survey under a Texas Antiquities Permit issued by THC and signed by a professional archeologist, (Title 13, Part 2, Chapter 26, TAC) on the State's staff. If archaeological sites are located during the survey, National Register eligibility testing and data recovery investigations may be required to an extent that cannot be defined at the current time. Those services are not included in this scope, but will be provided under supplemental authorization by the City and TxDOT. i. Archaeological Background Studies Prior to the intensive archaeological survey, the Engineer shall perform an archaeological background study in accord with the following TxDOT specifications. • The Engineer shall review site files at the Texas Archaeological Research Laboratory (TARL) and Texas Historical Commission (THC) to determine whether previously recorded archaeological sites are present in the area to be documented for the DEIS. Review of the Texas Historic Sites Atlas shall be used for THC file review unless otherwise approved by the State. If sites are present, the Engineer shall consult relevant site forms and archaeological reports to determine the characteristics of the sites. The Engineer shall produce a clearly reproducible map, based on U.S. Geological Survey (USGS) 7.5' topographic maps, indicating areas where recorded archaeological sites are present. • The Engineer shall review Natural Resources Conservation Service (NRCS) soil maps,Bureau of Economic Geology (BEG)geological maps, planning documents, and USGS topographic maps to determine the general landscape characteristics of the study area with respect to the identification of areas where preservation of archaeological historic properties and State Archaeological Landmarks (SALs) is unlikely as a result of inappropriate geomorphic conditions for preservation of intact archaeological sites. The Engineer shall produce a clearly reproducible map, based on USGS 7.5' topographic maps, indicating where areas where preservation of intact archaeological deposits is unlikely. • The Engineer shall identify Native American tribes to be consulted in accord with 36 CFR 800. Unless explicitly approved by FHWA and the State, the Engineer shall not perform consultation with Native American tribes. The State will initiation consultation with the Native American tribes. • The Engineer shall identify and seek the views of local historical and archaeological societies, county historical commissioners, and other interested individuals or organizations. • The Engineer shall perform early coordination with the State Historic Preservation Office (SHPO). Early coordination shall consist of a request for information concerning the project. This request shall incorporate all of the results of archaeological background studies and surveys performed by the Engineer. The Engineer's request for information shall not initiate formal consultation with the SHPO under Section 106 of the National Historic Preservation Act or the Antiquities Code of Texas. ii. Intensive Archaeological Survey The Engineer shall perform an intensive survey for the preferred alternative at those areas approved by TxDOT as areas of potential archaeological concern. The Engineer shall perform surveys, reporting, and documentation to satisfy THC requirements for determining whether archaeological sites are present in the project area, and whether test excavations or a higher level of archaeological work is needed. • Survey shall be initiated with preparation of a research design, including the results of the archaeological background studies, and acquisition of a Texas Antiquities Permit from the THC. The permit application will require coordination through and approval by TxDOT Environmental Affairs Division archaeology staff • Survey methods will comply with THC/Council of Texas Archeologists (CTA)standards. • Shovel tests, mechanically excavated trenches, and other subsurface excavations shall be sufficient in number and depth to assure satisfaction of THC requirements. • Survey involving geoarchaeological evaluation and identification of in situ archaeological deposits in the project area shall include mechanically excavated trenches. Trenches excavated for geoarchaeological evaluation and site identification shall be documented in sufficient detail to assure satisfaction of THC information needs. Mechanically excavated trenches will only be performed according to limits of written agreements between the City and the property owner. Excavated trenches will be backfilled immediately upon completion. No trenches will be left open overnight. • Following completion of the survey, the Engineer will prepare and submit a draft report of findings to TxDOT and the THC for review and comment. If no archaeological sites are identified by the investigations,the report will follow the format of the "TxDOT Environmental Affairs Division, Archaeological Survey Report,No Properties!'form. If archaeological sites are identified by the investigations, the report will meet the report format standards of the THGCTA. Deliverables • Draft Archaeological Survey Report in PDF format(4 copies) • Final Archaeological Survey Report in PDF format(4 copies) b. Non-Archaeological Historic Resource Studies i. Non-Archaeological Historic Resource Survey The Engineer shall- perform historic resource studies within the limits of property access agreements between the City and the property owner such that TxDOT can complete the Section 106 process. Identification, evaluation and documentation tasks shall be completed in accordance with the provisions of the Secretary of the Interior's Standards for the Identification, Evaluation and Documentation of non-archaeological historic resources. Historic studies shall be performed and documented at sufficient levels to satisfy THC requirements for determining the presence of historically significant properties in the Area of Potential Effects (APE) in accordance with 36 CFR 60 and 13 TAC 26. Performance of historic studies shall include the following tasks unless otherwise specified. • Area of Potential Effect(APE) The Engineer shall recommend that the APE and the limits of the survey area be defined according to the 500-feet wide zone of permissible property access. This APE will require consultation with and approval by TxDOT and the THC. Any expansion of the APE and the survey area required by the TxDOT or the THC will require the City and the property owner to develop written approval for survey of the additional APE. Otherwise, the City will be required to acquire information and documentation needed to complete Section 106 requirements for non- archaeological historic resources. • Literature Review The Engineer shall conduct a literature review to establish appropriate historical and cultural contexts for the project area, to determine information requirements, and to direct the survey effort. • Research Design The Engineer shall prepare a research design in consultation with the State and the THC. The research design shall provide a succinct summary of the literature review results, clear descriptions of identification, evaluation and documentation tasks required, and associated production schedules. The Engineer shall submit the research design to TxDOT for review and coordination with the THC. The Engineer shall revise the research design to reflect comments by TxDOT and THC. • Reconnaissance Survey The Engineer shall conduct a reconnaissance-level survey for non- archaeological historic resources based on the methodology outlined in the THC-approved research design. The reconnaissance survey shall not be implemented without prior approval of the research design by the State and THC. Within the limits of property access arranged between the City and the property owner, the Engineer will record non-archaeological historic- age resources located on property tracts that extend into the APE. For the purposes of this project, "non-archaeological historic-age resources" will be defined as buildings, structures, objects, districts, etc., built prior to circa 1965. This cut-off date is based on a projected letting date of 2010 with a five-year buffer to allow for adjustments in project planning. — Each historic resource (defined in accordance with 36 CFR. 60 as a building,structure, object,historic district or non-archaeological site at least 50 years old at the time of project letting) in the APE shall be documented in the following manner: The Engineer shall provide photographic documentation for each historic resource. At a minimum this shall include an oblique view of the primary fagade and a side elevation for each resource,with the subject filling the frame. All photographs shall be 3.5"x5" color representations printed on matte finish photographic paper. All photographs shall be well focused and clearly depict architectural and other details relevant to an evaluation of the resource's character-defining features. Four copies of each image shall be provided. Photographs shall be attached to separately labeled pages that clearly identify project name, address of resource and project ID number. - The Engineer shall produce an inventory of all resources,provided in a table form that details their project ID numbers, locations, property type and subtype classifications, stylistic influences, construction dates, integrity issues and preliminary eligibility recommendations. The Engineer shall provide a letter report detailing the results of the reconnaissance survey. This report shall not exceed five (5) pages, excluding photographs,maps and other documentation. The letter report shall describe the findings of the reconnaissance survey and make recommendations to the State for the need, if any, to conduct intensive survey efforts. The letter report shall have sufficient detail and clarity to provide THC with a basis for making determinations of(NRNP eligibility without requiring submission of additional documentation or for making recommendations concerning the scope of the intensive survey. At a minimum, it shall include the following information: o A brief overview of the results of the reconnaissance survey, including an inventory of historic resources requiring no additional survey efforts in order to finalize determinations of NRHP eligibility in accordance with 36 CFR 60. o An inventory of historic resources requiring additional intensive survey efforts in order to finalize determinations of NRNP eligibility in accordance with 36 CFR 60. o Maps showing the location of each historic resource labeled with its appropriate project ID number, running as consecutively as possible from the top left hand corner to the bottom right hand corner of the map. Outbuildings and landscape features shall be reported as subsets of the main project ID number for a property, for example, a garage associated with Site No. 100 could be labeled Site No. 100a. The APE shall be clearly indicated on the map. Major street names and other directional landmarks shall be clearly indicated on the map. Maps shall be based on aerial photographs or USGS 7.5' topographic maps. o The Engineer shall revise the letter report to address comments by the State and the THC and shall submit four copies of the letter report to the State. The State shall assume responsibility for transmitting the letter report to the THC and the transmitting THC comments to the Engineer. ii. Historic Resources Intensive Survey If the reconnaissance-level survey cannot fully satisfy THC requirements for determining the presence of historically significant properties in the Area of Potential Effects (APE), follow-up intensive survey efforts may be required. Any required survey activities by the Engineer beyond the 500-feet wide zone of permissible access established in the agreement between the City and the property owner and any information requests, including oral history interviews with the land owner, are not allowed under the current agreement for property access between the City and the property owner. The Engineer can provide those additional intensive survey activities only to the extent that the City acquires the information needed and provides it to the Engineer for analysis and integration into the final report along with other comments on the reconnaissance-level survey results. Tasks associated with the intensive survey shat l include: 1. Completion of a Texas Historic Sites Inventory form or a THC-approved equivalent for each resource identified as potentially NRHP eligible in the reconnaissance survey. At a minimum, each inventory form will provide sufficient detail about the location, physical characteristics, character-defining details, modifications and other integrity issues, associated outbuildings or historic landscape features, contextual relationships and historic background of the resource to finalize determinations of NRNP eligibility in accordance with 36 CFR 60. 2. Completion of supplementary photographs of auxiliary resources, landscape features, setting issues, integrity issues, representative streetscapes as detailed below: • Additional photographs shall be required if architectural alterations including, but not limited to, replacement of historic doors and windows, attachment of synthetic siding, loss of ornamental detailing or unsympathetic additions compromise the historic integrity of the resource. • Additional photographs of the inter-relationship of resources shall be required if historic outbuildings or significant landscape features are associated with the property. • Additional photographs of the inter-relationship of resources shall be required if potential or designated historic districts are identified within the APE. These photographs shall document representative streetscapes for each block or significant area within the historic district. 3. Preparation of site maps detailing the inter-relationship of resources such as outbuildings and landscape features associated with a potentially NRHP eligible property. 4. Assembly of historical research for each property identified as potentially NRHP eligible in the reconnaissance survey, including comparative information for property types and other contextual information required to finalize determinations of NRHP eligibility in accordance with 48 FR Parts 44716-42. 5. Evaluation of each property identified as potentially NRNP eligible in the reconnaissance survey against NRHP criteria for significance and for integrity in accordance with 36 CFR 60. 6. The Engineer shall prepare a survey report detailing the results of the intensive survey. This report shall describe the findings of the intensive survey and make recommendations to the State for NRNP eligibility of all resources. The survey report shall have sufficient detail and clarity to provide THC with a basis for making determinations of NRHP eligibility without requiring submission of additional documentation. At a minimum, the survey report shall include the following information for review and comment by the State and THC: • An outline of the purpose and methodology of the project. • A summary of the background history of project area, presenting historic contexts relevant to the time period associated with the historic resources in which to evaluate significance of resources for NRNP eligibility. • Observations on patterns of settlement, development trends, resource distribution and analysis of survey data. • An inventory of resources with proposed determinations of NRNP eligibility for all resources, evaluated against NRNP criteria for significance and integrity in accordance with 36 CFR 60. • Detailed information on potential historic districts, including inventories, maps,photos,background history and justification of significance. • Project area maps, survey forms,photographs, site maps. • The Engineer shall revise the survey report to address comments by the State and THC in accord with the State's errors and omissions policy. The Engineer shall submit four copies of the survey report to the State. The State assumes responsibility for transmitting the survey report to THC. The State assumes responsibility for transmitting THC comments to the Engineer. Deliverables • Historic Resources APE Limits Map(s) in PDF format(2 copies) • Historic Resources Research Design in PDF format(2 copies) • Draft Historic Resources Intensive Survey Report in PDF format (4 copies) • Final Historic Resources Intensive Survey Report in PDF format (4 copies) 13. Hazardous Materials In addition to performing a visual observation for the project area to reveal any indication of hazardous materials, the Engineer will conduct a regulatory records review for the project corridor. The records review will examine available site lists from city, county, state, and federal records including the Environmental Protection Agency and the TCEQ. The environmental documents will include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project areas. The findings of the regulatory database search and the visual observations will be summarized in the EA. The EA will also include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project study area and potential impacts from identified hazardous materials sites. 14. Visual Impacts The Engineer shall document the visual impact of the proposed new location corridor relative to the surrounding environment. The Engineer shall identify visual impacts in accordance with the requirements of FHWA Technical Advisory TA-T6640.8A(1987). 15. Section 4(t)Properties The Engineer shall update/prepare an inventory of all parklands that exist within the proposed ROW. It is currently anticipated that a City of Round Rock planned extension park located in the northwest corner of the study area may be considered a Section 4(f) resource. Since the ownership and boundaries of the proposed park tract is in question, the Engineer shall coordinate with the City and surveyor to obtain property ownership and boundaries for the proposed park. The Engineer shall provide a determination of Section 4(f) impacts in the draft EA. If public lands, park lands, recreational lands or National Register-eligible historic resources are directly impacted by ROW acquisition, thereby requiring a Section 4(f) evaluation, it will be provided under a supplemental scope and budget. 16. Indirect and Cumulative Impacts The Engineer shall conduct an indirect and cumulative impacts (ICI) analysis using the TxDOT eight-step approach. At this time it is assumed that the resources to be evaluated are land use,waterbodies,habitat and cultural (archaeological and historic)resources. The Engineer will prepare a discussion of the ICI to these resources utilizing the approach outlined in the "March 2006 Draft Interim Guidance on Preparing Cumulative Impact Analysis". Any additional resources requiring the eight step approach will be conducted as a supplemental to this agreement. 17. Permitting a.U.S. Army Corps of Engineers i. Section 10 of the Rivers and Harbors Act (33 U.S.C.403). The Engineer shall determine whether the proposed project requires a Section 10 permit and shall perform coordination with the USAGE. The Engineer shall prepare and submit to USACE an application for a Section 10 permit, and shall obtain a Section 10 permit from USAGE, if applicable. ii. Section 401 of the Clean Water Act (33 U.S.C. 1341). The Engineer shall determine whether the proposed project requires a Section 401 water quality certification and shall perform coordination with the USACE.If the permit is an Individual Section 401 permit, the Engineer shall prepare and submit to USACE a TCEQ 401 checklist. iii. Section 404 of the Clean Water Act (33 U.S.C. 1344). The Engineer shall determine whether the proposed project requires a Section 404 permit (Nationwide or Individual) and shall perform coordination with the U.S. Army Corps of Engineers. The Engineer shall prepare and submit to USACE an application for a Section 404 Nationwide permit, and shall obtain a Section 404 permit from USACE. If the permit is an Individual Section 404 permit, the Engineer shall prepare and submit to USACE a TCEQ Tier I checklist. However, this proposal includes the cost to submit and obtain a Nationwide permit. If it is determined that an Section 404 Individual permit is required,the scope and budget to submit and secure such a permit would be developed under a supplemental effort. iv. Endangered Species Permitting. If it is determined that endangered species would be affected by the proposed project, some level of permitting would be required from U.S.Fish and Wildlife Service(USFWS). This permitting effort would be either Section 7 or Section 10(a) depending on the project factors. Since the level of endangered species permitting can not be determined at this time, the scope and budget to conduct such activities is not included herein. If it is determined based on field assessment that endangered species may be impacted, a supplemental scope and budget will be prepared for permitting these impacts. b. Permit Coordination Meeting The Engineer will schedule and conduct a permit coordination meeting with USAGE and USFWS after the field surveys have been conducted. 18. Right of Entry The Engineer shall determine ownership data and secure permission to enter private property for purposes of environmental investigations. The Engineer will prepare the right of entry letter to be mailed to each property owner in the study area requesting a written response confirming or denying right of entry. The Engineer will make reasonable attempts to contact each landowner verbally prior to conducting any fieldwork if written correspondence is not successful. A log of all contact with landowners will be maintained. The Engineer will also provide for staking of the proposed project center line and right of way limits at a frequency such that field personnel can identify the project location and limits in the field. D. Environmental Document Processing 1. The EA outline will be prepared in accordance with FHWA Technical Advisory T6640.8A and will be composed of the following basic sections: • Cover Sheet • Table of Contents • Purpose and Need • Description of Alteratives • Affected Environment and Environmental Consequences • Recommendation of the Preferred Alternative • Appendices - Appendix A: Comments and Coordination Letters - Appendix B:List of Preparers 2. The Engineer shall prepare and distribute copies as indicated and respond to comments on the EA as described below: a. Prepare two(2) hard copies of Preliminary Draft EA(version 1)for City and District review(1 copy each). b. Respond to TxDOT Austin District and City comments and prepare revised Draft EA (version 2) for TxDOT Environmental Affairs Division (ENV) review. Submit ten (10)copies and one electronic copy to District for forwarding to ENV. C. Respond to ENV's comments and prepare Final Draft EA (version 3). Submit ten (10) copies and one electronic copy to District for forwarding to and coordination with Federal Highways Administration (FHWA)and by ENV. d. Respond to FHWA's comments and prepare Final EA (version 4) and submit eight (8) copies and one electronic copy to the District for forwarding to FHWA. It is assumed for purposes of scope and budget that FHWA will conclude project impacts are potentially insignificant and a FONSI is anticipated. The State will initiate clearinghouse review. Deliverables • Preliminary Draft EA in PDF format(2 copies) • Revised Draft EA in PDF format(10 copies) • Final Draft EA in PDF format(10 copies) • Final EA in PDF format(8 copies) 3. Within the clearinghouse review period for the EA or after FHWA approval of the EA, The Engineer will assist the City, in conducting Design and Section 4(f) Public Hearing (see public involvement section). E. Field Visit Whether or not discussed under each impact category,the following field visits will be conducted in support of the detailed evaluation of environmental issues investigated and documented in the EA for the preferred alternative. Field reconnaissance and investigations will be conducted only for certain impact categories, as outlined below. All field reconnaissance will occur after rights of entry are secured. a. Social/Economic/Land Use A reconnaissance field survey will be conducted by a socioeconomic specialist to evaluate and document these categories, to include required visits/meetings with city, county, and regional planning organizations, as necessary. b. Ecology/Wetlands/Threatered and Endangered Species The Engineer shall perform field investigations (at stream crossings and topographic depressions, and in appropriate endangered species habitat) using four qualified biologists to further identify the biotic and wildlife community; determine wetland extent quality, and function; and identify potential habitat for any endangered species identified through prior research.Windshield surveys from public roads and accessible ROW will be used to verify biotic and wildlife communities in areas remote from streams and wetlands. C. Karst Feature The Engineer will conduct a walking survey to locate and describe karst features that may be habitat for threatened or endangered cave species. The survey will be conducted along transects generally spaced at 50-foot, unless site conditions require more closely spaced transects. The survey will be conducted and supervised by a geologist meeting USFWS's criteria for a karst geologist assisted by a staff geologist. d. Hazardous Materials The Engineer will conduct a regulatory records review for the project corridor and perform a visual observation of the project area to reveal any indication of hazardous materials. The records review will examine available site lists from city, county, state, and federal records including the Environmental Protection Agency and the TCEQ. The environmental document will include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project areas. The findings of the regulatory database search and the visual observations will be summarized in the EA. The EA will also include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project study area and potential impacts from identified hazardous materials sites. e. Cultural Resources i. Archaeology An intensive archaeological survey of high probability areas will be conducted under an approved antiquities permit by qualified archaeological personnel. This effort will be to identify the limits of archaeological sites within the project ROW and assess potential impacts. An intensive archaeological survey report documenting the results of the archaeological field survey will be prepared and submitted to the State for coordination with the Texas State Historic Preservation Officer. Correspondence documenting agency review and approval of the investigation will be appended to the EA. No National Register testing or data recovery investigations are budgeted under this scope of work. ii. Historic and Architectural Structures The Engineer will conduct a reconnaissance survey of the project area and an adjacent 150-foot area of potential effect (APE) to identify and document historic-age buildings, structures, landscapes, etc.that may be impacted by the project. F. Public Involvement: The Engineer shall conduct and participate in the following public involvement activities as generally outlined below(prior to approval of the EA and Schematic). 1. Public Meeting Prior to the development of the EA and after development of the preferred alternative, the Engineer shall plan, coordinate, and conduct an informal public meeting using an open house format to solicit comments and concerns from the public and major project stakeholders. This effort will include the following activities: a. In collaboration with the City, the Engineer shall develop a plan for public involvement activities. The plan shall specify all activities to be performed for public involvement. The plan shall specify all alternatives to be discussed during public involvement activities. b. The Engineer shall compile, maintain and update a mailing list of people, agencies and organizations within the study area. c. The Engineer shall make all arrangements for the public meeting, including the site of the meeting,mailing and publishing notices, preparation of exhibits, and provision for taping or transcription of proceedings. The City shall provide the facility to conduct the public meeting. d. The Engineer shall submit all legal notices to the City for review prior to posting. The City shall finance the cost to post the notices in the local newspapers. e. The Engineer shall arrange a meeting with the City to review all exhibits and other materials to be used at public meetings or hearings. The Engineer shall obtain the City's approval for all legal notices, exhibits, and other materials. f. The Engineer shall provide personnel (7) to staff and conduct the public meetings, including people to perform registration, make presentations, and answer questions. Personnel to be provided shall be identified. g. The Engineer shall develop and submit to the City a summary of the public meeting. The Engineer shall develop and submit to the City a comment and response report, summary and analysis, and other information necessary to evaluate and disseminate information from the public meeting. The comment and response report, summary and analysis, and other information shall be sufficiently detailed to provide a full record of questions asked, issued and concerns raised, and responses given during the meeting. The comment and response report, summary and analysis, or other information shall be sufficiently detailed to provide a basis for incorporating all information gathered at public meetings into the EA- h. Ah. The Engineer shall develop and send acknowledgement letters and/or response letters to commentors at public meetings or hearings. The Engineer shall not distribute acknowledgement of response letters without prior approval by the City. 2. Public Hearing After approval of the EA and Schematic,the Engineer shall plan, coordinate, and conduct a formal public hearing with a presentation to inform the public and major project stakeholders of the project status. This effort will include the following activities: a. The Engineer shall make all arrangements for the public hearing, including the site of the hearing, mailing and publishing notices, preparation of the presentation and exhibits, and provision for taping or transcription of proceedings. The City shall provide the court reporter and the facility to conduct the public hearing. b. The Engineer shall submit all legal notices to the City for review prior to posting. The City shall finance the cost to post the notices in the local newspapers. c. The Engineer shall arrange a meeting with the City to review all exhibits and other materials to be used at the public hearing.The Engineer shall obtain the City's approval for all legal notices,exhibits, and other materials. d. The Engineer shall provide personnel (7) to staff and conduct the public hearing, including people to perform registration, make presentations, and answer questions. Personnel to be provided shall be identified. e. The Engineer shall develop and submit to the City a summary of the public hearing. The Engineer shall develop and submit to the City a comment and response report, summary and analysis, and other information necessary to evaluate and disseminate information from the public hearing. The comment and response report, summary and analysis, and other information shall be sufficiently detailed to provide a full record of questions asked, issued and concerns raised, and responses given during the meeting. The comment and response report, summary and analysis, or other information shall be sufficiently detailed to provide a basis for incorporating all information gathered at the public hearing into the EA. f. The Engineer shall develop and send acknowledgement letters and/or response letters to commentors at public meetings or hearings. The Engineer shall not distribute acknowledgement of response letters without prior approval by the City. FC150 FIELD SURVEYING Revised limits of survey: Topographic and planimetric mapping within 125 feet of the centerline of proposed Creek Bend, and within 25 feet of the proposed ROW of Hairy Man Road, as shown on the preliminary schematic. This will include mapping of existing curbs, pavements, visible and exposed utilities, strictures, drainage facilities and other improvements that may affect design criteria. Revised limits of tree survey: Tag and locate all trees 12 inches in diameter and over within 25 feet of proposed ROW, as shown on the preliminary schematic. Tree Trimmings will be removed from the site and disposed of by subcontractors. ENVIRONMENTAL DELIVERABLES 1. Public Involvement Plan in PDF format(4 copies) 2. Public Meeting Material and Exhibits in PDF format 3. Public Meeting Summary Report in PDF format(4 copies) 4. Public Hearing Presentation,Material and Exhibits in PDF format 5. Public Hearing Summary Report in PDF format(4 copies) 6. Public Hearing transcript in PDF format(2 copies) 7. Wetlands Reports in PDF format 8. KARST Reports in PDF format 9. HABITAT Reports in PDF format 10. Archaeological Reports in PDF format 11. Historic Reports in PDF format 12. EA Documents in PDF format ADDENDUM TO EXHIBIT C Work Schedule The changes to the Work Schedule for this project are as follows: 1 T1 rte`l�ri _ w T Creek Bend Phase II 699 699 02-pct-06 AM-Nov 09 0 ' Project/Contract Management 96 29 02-0ct-06 A 15-Mar-07 670 — NTP WorkOrder No.2 002-Oct-06 go Internal • _ 02-Oct-06 m Kick-Off Meeting w/City of Round Rock&Other Agencies 0 0 02-Oct-06 A; M Wain Right-of-Entry(ROE) 97 8 02-Oct-06A'13-Feb-07 0 • SchedulefWork Plan 115 115 F;5:57 '26-Jul-07 576 - - -- Field Survey 40 40 14-Feb-07 1O-Apr-07 62 Preliminary Bridge Layout 5 5 11-Apr-07 17-Apr-07 62 Public Meeting Process 96 96 14-Feb-07 28-Jun-07 229 - Environmental Assessment Process 341 341 05-Feb-07 06-Jun-08 0 401 Tier II Questionaire and Alternatives Analysis 52 52 28 Feb-07 10 May-07 263 Section 404 Wetlands Delineation Report 136 136 _14-Feb-07 24-Aug-07 189—' -- Species/Habitat Survey Report 97 97 14-Feb-07 29-Jun-07 22 Historic Reconnaissance Survey Report 64 64 14-Feb-07 14May 07 261 Public Hearing Process 81 81 04-Dec-07 28-Mar-08 40 - Archeological Phase I Survey Report 135 135 14-Feb-07 23-Aug-07 130 Archeological Phase II Testing Report 134 134 20-Aug-07 29-Feb-08 0 Karst Survey Report 99 99 14-Feb-07 04-Jul-07 226 60% PS&E Submittal 124 124 30-May-07 22-Nov-07 136 90% PS&E Submittal 61 61 23-Nov-07 21-Feb-08 432 100% PS&E Submittal 33 33 22-Feb-08 09-Apr-08 33 Final PS&E Submittal --9 9 j 09-Apr-08 22-Apr-08 33 = Letting and Construction Phase Services 390 390i 22-Apr-08 03-Nov-09 0 - 1 . . ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: EXHIBIT D PBS&J Classification Summary Creek Bend Extension Phase 2 Supplemental #1 to Work Authorization #2 PHASE 2 SUPPLEMENTAL#1 Classification Hours Unloaded Hourly Labor Cost Rate Principal 2 $51.19 $102 Project Manager 84 $51.19 $4,300 Senior Engineer 16 $47.78 $764 Design Engineer 120 $32.42 $3,891 Design EIT 70 $27.30 $1,911 Senior Planner 4 $35.33 $141 Senior Scientist 124 $35.33 $4,381 Scientist 124 $24.73 $3,067 Senior Env Planner 206 $35.33 $7,278 Env Planner 38 $24.73 $940 Senior Geologist 143 $40.63 $5,810 Staff Geologist 204 $30.03 $6,127 Historian 114 $35.33 $4,028 Research Assistant 156 $22.97 $3,583 Arch. 110 $31.80 $3,498 Arch. Tech 164 $21.20 $3,477 3 Man Survey Crew 48 $44.16 $2,120 GIS Graphics 130 $22.97 $2,986 Admin / Clerical 138 $21.20 $2,925 Raw Labor 1,995 $61,329 Audited Overhead (152.71%) _ $93,655 Profit (12%) _ $18,598 Total Labor= $173,582 PBS&J Total Labor $173,582 PBS&J Expenses $7,545 PBS&JTotal Fee $181,127 Page 1 of 1 2/12/2007 hh � ||!} I , , Hill TH ilk I Ij I �| ' ' � ' � � ; � � � ( � �\ ! f � � li � � l � i � . � � ! 2 F i R 881 818 8s $8 81812 T—8 s - agg6ggl TV Triii EXHIBIT D Direct Expenses Creek Bend Extension Phase 2 Supplemental#1 to Work Authorization #2 Environmental Direct Cost Unit Quantity Unit Price Total ragUP" Mileage Mile 952 $0.35 $333.20 Brush Trimming/,Hauling Day 10 $350.00 $3,500.00 Ios. ,k Digital Camera Day 18 $20.00 $360.00 Ike .��1��a1 ,r�ri rYarLd Phafioco , in' _ Wetlands Delineation Report ea 8 $16.00 $128.00 Karst Survey Report ea 8 $7.50 $60.00 Habitat Survey Report ea 8 $7.50 $60.00 Archaeological Survey Report ea 8 $12.00 $96.00 Historic Resources Intensive Survey Report ea 8 $15.00 $120.00 Preliminary Draft EA ver. 1 ea 2 $20.00 $40.00 Draft EA ver. 2 ea 10 $20.00 $200.00 Final Draft EA ver. 3 ea 10 $20.00 $200.00 Final EA ver. 4 ea 8 $20.00 $160.00 F ',, Pt'int'rnand Photoco Public Meeting/Hearing Meeting/HearingExhibits ea 4 $15.00 $60.00 Photocopies 8 %"x11" Handouts, Sin In sheets, etc ea 300 $0.10 $30.00 Color Photocopies 8 '/a"x11" ea 75 $1.00 $75.00 Color Photocopies I I N17" ea 45 $1.50 $67.50 �ntra�.olaarxt�� � ,d.,'�� ,pliQs Hand Held GPS System Day 10 $25.00 $250.00 Mechanical Excavator rental Environmental Investigation) Day 1 $750.00 $750.00 Noise Meter Rental ea 1 $530.00 $530.00 Water Well Survey LS 1 $200.00 $200.00 HazMat Database Search LS 1 $250.00 $250.00 Overnight Express Delivery Services ea 5 $15.00 75.00 Environmental Total $7,545 otal Direct Costs $7,545 Page 1 of 1 2/12/2007 DATE: March 1, 2007 SUBJECT: City Council Meeting - March 8, 2007 ITEM: 12.B.2. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 1 with PBS&J to provide Phase II engineering services for the design of the extension of Creek Bend Boulevard from Creek Bend Circle to Wyoming Springs Drive. Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director justification: The City was awarded $1.5 million in Federal funds by the Capital Area Metropolitan Planning Organization. To meet the conditions of the award, the City must comply with the National Environmental Policy Act, which results in the need for additional environmental consulting services. Fundina• Cost: $181,127.00 Source of funds: 2001 G.O. Bond Outside Resources: PBS&J, Inc. Backaround Information: The City executed a contract with PBS&J, Inc. on November 23, 2004 to complete the Phase II engineering, which includes preparing plans, specifications and estimates, and provide bidding services. This supplemental contract increases the contract amount to $909.127. The extension of Creek Bend Boulevard includes construction of a 4-lane divided arterial roadway, a bridge over Brushy Creek, bicycle/pedestrian facilities within the right-of-way, drainage and utility adjustment. This roadway extension will provide new north-south crossing of Brushy Creek west of IH 35, which will improve access to Round Rock Hospital and Round Rock High School and provide access for emergency services. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: PBS&J("Engineer") ADDRESS: 6504 Bridge Point Parkway, Suite 200, Austin, TX 78730 PROJECT: CREEK BEND DRIVE (FROM CREEK BEND CIR TO WYOMING SPRINGS DR.) 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 PBS&J,hereinafter called the "Engineer„ WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the"Contract", on the 23rd day of November, 2004 for the Creek Bend Drive(from Creek Bend Cir. to Wyoming Springs Dr.)Project in the amount of$728,000.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services,to increase the compensation by$181,127.00 to a total of$909,127.00;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. EnjgineeTing 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 $181,127.00 the lump sum amount payable under the Contract for a total of$909,127.00, 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 41 Rev-07A)6/06 ST38LDBTR 110898 0127.0057 84275 R'o7 o3--08 1'�"8� PBS&J By: / Printed ame: Title: �t,.,.�- i r I✓►� - Z/i 3/d Date CITY OF N APPROVED AS TO FORM: By: N e , ayor Stephan L. Sheets, City Attorney Date Supplemental Contract 41 Rev.07/06/06 ST38LDBTR 84275 110898 0127.0057 2 ADDENDUM TO EXHIBIT A City Services The changes to the scope of this project are as follows: PHASES II FC120 ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT 1• Provide enhanced level of environmental guidance on selecting appropriate stakeholders for public meeting due to increased complexity of environmental clearance. 2. The city will advertise and mail out public meeting/hearing notifications. 3. The city will provide the public meeting / hearing meeting facility, bilingual services, legal notices,court reporters or other special services such as sign language interpreters. ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: PHASE 2 The following is an understanding and outline of the scope of services that supports the Engineer's Supplemental Work Authorization #1 fee schedule and cost proposal for the proposed City of Round Rock Creek Bend roadway extension project located in Williamson County, Texas. This scope of services reflects the work necessary to progress the current preliminary schematic developed in Phase 1 through the environmental, mitigation, and water quality NEPA process. The following supplemental expands the previously approved Phase 2 scope of services to include enhanced environmental services. FC 120 ENVIRONMENTAL DOCUMENTATION The Engineer will conduct environmental services in order to prepare an Environmental Assessment(EA) and public involvement for the referenced project. All work will be conducted to obtain a Preferred Alternative. The Engineer will document and assess the impacts to the human and natural environment for the proposed project. The Engineer will assemble and summarize all technical information, methodologies, and results of analyses in the correct format for an EA, in accordance with applicable procedures of the State of Texas, and the requirement of the National Environmental Policy Act (NEPA) and Federal Highway Administration (FHWA) Technical Advisory 6640.8A. The EA will address the following topics: A. Purpose and Need The Engineer will discuss the purpose and need for the project based on information provided by the City. The information provided and the discussion will include: 1. Project status and history 2. Project need 3. System linkage 4. Transportation demand and capacity B. Alternatives 1. Alternatives Analysis The Engineer will discuss the list of alternatives, including any previously developed and any identified in this study based on information and analysis provided by the City. The Engineer shall provide documentation in support of the purpose and need. 2. Constraints Mapping The Engineer shall prepare a constraints map utilizing information obtained from the following: a. The most recently available and reasonably available color infrared aerial photography, National Wetlands Inventory (NWI) maps, Williamson County soil survey, and other data sources to identify potential wetlands within the project study area. b. Regulatory records review for the project study area to include regulatory agency database lists (USTs, RCRA, CERCLA, LUST, ERNS) from city, county, state, and federal records including the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ). Well data will be obtained from the Texas Railroad Commission(RRC). c. Archaeological site records on file at the Texas Archeological Research Laboratory (TARL) at the University of Texas in Austin, Texas, to determine the presence of recorded archeological sites within the proposed project study area. In addition, the Engineer will complete a National Register records review to identify any historical resources in the proposed project study area. d. Texas Parks & Wildlife Department's (TPWD Natural Diversity Database (NDD) to identify any protected species or their preferred habitats that are documented within the project study area. e. Federal Emergency Management Agency(FEMA) flood insurance maps to determine the boundaries of the 100-year and 500-year floodplain maps. f. Land use (based on USGS maps), utility easements and known utilities, and existing transportation facilities. Using the constraints map as a planning tool, the Engineer will assess the alignment developed in Phase 1. This alignment will be overlaid on the constraints map and made suitable for display at the public meeting. Upon field review and public comments, the preferred alternative will refined as necessary. 3. Description of Alternatives Each alternative will be documented in summary form as the basis for establishing the preferred alternative.The evaluation will include consideration of: a. The No-Build(Do-Nothing) Alternative b. The Build Alternative(s) Discussions will be provided on the range of alternatives, including the methodology by which alternatives were initially identified, selected for further study and documented in the EA, or eliminated from study.For budgeting purposes,only one build alternative(preferred alternative)will be studied in detail for the EA. C. Environmental Impacts The Engineer will evaluate the existing environment within the study area. Information on the existing social, economic, and environmental setting within the study area will be obtained, reviewed, and used to evaluate the impacts of the preferred alternative. This will include information from data collection, literature reviews,agency contacts, and field investigations. The Engineer will document the environmental impacts of the preferred alternative under detailed study and consideration. The discussion of impacts will include their relationship to the surrounding study area so that relative importance or significance can be determined. Adequate attention will be given to the impacts of the No-Build Alternative.Impacts to be addressed will be in accordance with applicable state and federal guidelines, and will include the following as applicable to this project. 1. Land Use/Relocation Impacts The Engineer shall update and identify, by use, land use plans and windshield surveys, current land uses and any anticipated land uses. The Engineer shall review subdivision plats in addition to any surveys and land use plans. The effects of the No-Build Alternative versus the preferred alternative will be characterized in light of land use trends, plans and policies within the project area including the following: a. Review plans(transportation, land,use,municipal,and state); b. Identify impacted businesses, residences and land uses within the study area (estimate number, description, type of occupancy, and size of acquired property and displaced residences and businesses); C. Identify potentially affected community resources (school districts and facilities, churches,civic buildings,cefeeties,parks, and recreation areas); d. Estimate number and socioeconomic characteristics of households to be relocated (based on windshield survey only,records search and/or intrusive interviews will not be conducted). 2. Prime Farmlands The Engineer shall identify farmland impacts in accordance with the Farmland Protection Policy Act. The Engineer will coordinate with the NRCS to determine impacts to prime and unique farmlands and farmlands of local importance within the right of way (ROW) limits of the preferred alternative. The Engineer will calculate the acres of lands utilized for agriculture, silviculture, or pasture and grazing, discuss the impacts of the project on these farmland areas, and process the Conversion Impacts Rating Form AD 1006. 3. Social and Economic Impacts The Engineer shall address/prepare the following: a. Identify potential changes to local neighborhoods or communities and the effects on community cohesion relating to travel patterns, access, and public safety,particularly those changes that may differentially affect various social groups and minorities will be discussed. Identify impacts(accessibility,splitting neighborhoods,etc.) on school districts,recreation areas, churches,businesses,police,and fire protection. b. Perform an environmental justice analysis in accordance with the requirements of Executive Order 12898 (on Environmental Justice). Use census data and/or locally supplied information to assess whether the impacts are disproportionate. C. Address Executive Order 13166, "Improving Access to Services for Person with Limited English Proficiency(LEP)",which requires federal agencies to examine the services they provide and identify any need for services to those with limited English proficiency. d. Identify specific employers and employment trends affected in the vicinity of the project e. General impact on economic vitality of area f. Impact on established business districts and public and private sectors 4. Pedestrian and Bicycle Facilities The Engineer shall discuss the effects on pedestrian and bicyclist safety and accessibility in the Social and Land Use sections. S. Air Quality An air quality analysis using CALINE 3/Mobile 6 software is required for an added capacity project on a roadway with more than 20,000 Average Annual Daily Traffic (AADT). The projected AADT is anticipated to fall below 20,000 AADT, therefore an air quality analysis would not be required. The Engineer will document the basis for this determination in the EA. The Engineer shall conduct a Qualitative Assessment for mobile source air toxics(MSAT) which should include the following elements: a. A brief MSAT description and discussion of national trend data projecting substantial overall reductions in emissions due to stricter engine and fuel regulations issued by EPA, b. A comparison of the expected effect of the project on traffic volumes,vehicle mix,or routing of traffic,and the associated assumed changes in MSATs, c. Identification of sensitive receptors (i.e., schools, licensed day cares, elder care facilities,and hospitals located within 100 and 500 feets of the ROW, d. A discussion of information that is incomplete or unavailable for a project-specific assessment of MSAT impacts, in compliance with CEQ regulations (40 CFR 1502.22(b)), e. A summary of current studies regarding the health impacts of MSATs,in compliance with 40 CFR 150.22(b). 6. Noise Analysis The Engineer will perform a traffic noise analysis for the proposed project by modeling existing receivers and contours utilizing the FHWA Traffic Noise Model (TNM version 2.5). The Engineer will use traffic volumes for the year of design and 20 years from that date and an electronic copy of the most recent diagrammatic layout (including plan and profile, existing and proposed alignments, building footprints, contour lines, topo layers, etc) to do this analysis. The Engineer will conduct one site visit to verify noise receivers shown on the diagrammatic layout and existing aerial photography and take ambient noise measurements. The Engineer will model traffic noise impacts for up to 6 Category B, C, and/or E receivers. The Engineer will perform noise barrier analyses where applicable and will conduct noise contour analyses (66 and 71 dBA contours) at three Category D lands, if applicable. The interior areas of receivers (Category E) will be modeled if the exterior areas are physically shielded from the roadway or if there is little or no human activity in the exterior areas adjacent to the roadway. The summary of the noise analysis shall be included in the EA for the project. 7. Water ResourceslWdrology/Floodplain Impacts a. Surface water The Engineer shall address/prepare the following: L Surface Water Hydrology and Drainage Features in the immediate study area; ii. Surface Water Drainage Impacts—Based on existing engineering studies and hydraulic information (does not include any additional engineering hydraulics studies at this level); iii. Surface Water Quality Impacts—Based on existing surface water gtiality data. b. Groundwater The Engineer shall enumerate the possible impacts to the groundwater resources and water wells in the area. The Engineer will identify water wells that would be impacted by the preferred alternative from state databases. Impacts associated with the preferred alternative will be assessed. C. Hydrology/Floodplains The Engineer shall conduct floodplain impact studies to determine whether the preferred alternative has the potential to affect floodplains. The Engineer shall document the following: L Briefly describe the watershed characteristics of the study area in terms of land uses and changes in land use that may affect stream discharge. ii. Briefly describe the streams in the study area, including evidence of stream migration, downcutting or aggradation. iii. Identify the presence and nature (e.g., zone A, zone AE, zone AE with floodway)of any FEMA mapped floodplains. iv. Indicate the existence of any significant development associated with the mapped area and identify the jurisdiction responsible for the floodplain. V. Identify the number of locations where the preferred alternative will encroach on the base (100-year) floodplain ("encroachments'), where the preferred alternative will support incompatible floodplain development and the potential impacts of encroachments and floodplain development. vi. Include a list of all jurisdictions having control over floodplains for the preferred alternative. Where an encroachment or support of incompatible floodplain development results in impacts, the Engineer shall document the location, impacts and appropriate mitigation measures. In addition, if the preferred alternative (1) results in a floodplain encroachment or supports incompatible floodplain development having significant impacts, or (2) requires a commitment to a particular structure size or type, the Engineer shall include an evaluation and discussion of practicable alternatives to the structure or to the significant encroachment. The evaluation of alternatives shall be specific to the preferred alternative horizontal alignment and include Hydrologic & Hydraulic modeling. The Engineer shall include exhibits which display the base floodplains and,where applicable,the regulatory floodplains. If the preferred alternative encroaches on a designated or proposed regulatory floodplain, the Engineer shall provide a preliminary indication of whether the encroachment would be consistent with or require a revision to the regulatory floodplain. The Engineer will identify the strum crossings, river networks, adjacent major waterbodies and watershed basins for the purposes of water quality management. The Engineer will identify water quality permit requirements. 8. Waters of the U.5./Wetlands Investigation a. Waters of the U.S. A field survey of Waters of the U.S. shall be conducted and an assessment shall be provided. The Engineer shall conduct a Waters of the U.S.assessment that identifies potential types, functions, quality, and limits of jurisdictional Waters of the U.S. along the preferred alternative. Acreages of potentially impacted Waters of the U.S. will be documented. Jurisdictional limits of Waters of the U.S. will be identified. The length of affected jurisdictional Waters of the U.S.will be documented for the preferred alternative. For the Dram EA, this will include the following: i. Potential Waters of the U.S. identified within the ROW of the preferred alternative will be based on the following: • Implementation of the methodology presented in the 1987 USACE Wetland Delineation Manual and the regulations presented in the Clean Water Act. • Use of soil maps and other available soils data for the study area. Representative soils (particularly at suspected wetland sites) will be examined during field studies where right-of-entry is obtained by experienced biologists and/or soil scientists. • Review of USGS topographic quad sheets for the study area. • Review of U.S. Fish and Wildlife Service's (USFWS) National Wetland Inventory Maps. • Aerial photographs. • Field investigations conducted within the ROW of the preferred alternative. ii. The area of impact for each Waters of the U.S.will be summarized. iii. Waters of the U.S. quality and quantity will be addressed within the project ROW. On-site investigations will be conducted where right-of-entry is obtained. The Engineer shall develop and discussed in a general manner a conceptual mitigation plan for inclusion in the Draft EA. Types of mitigation proposed, such as restoration, enhancement, creation and banking, along with related mitigation ratios will be considered and discussed, if applicable. If a mitigation plan will be required in association with necessary permitting, it will be completed under a separate scope and budget. b. Wetland Delineations i. The Engineer shall perform wetland delineations in accordance with the 1987 USAGE Wetlands Delineation Manual (Technical Report Y-87-1) that shall include all fieldwork and compilation of field documentation for the preferred alternative. The delineation will identify areas of jurisdictional wetlands within the ROW of the preferred alternative. The boundaries of the wetlands will be mapped using a hand held Global Positioning System (GPS). The aerial extent of the waters of the US will be determined. The results will be reported on aerial photographs and included in the wetland delineation report. ii. The Engineer shall produce and submit four copies of a draft wetland delineation report for review and approval by the State and USACE. The Engineer shall address State and USACE comments on the draft report and submit four (4) copies of the final wetland delineations report to the State within 30 days of receipt of comments from the State or USAGE. Deliverables • Draft Wetlands Delineation Report in PDF format(4 copies) • Final Wetlands Delineation Report in PDF format(4 copies) iii. USAGE Verification It is anticipated that the USACE will require at least one site visit to the project area to verify the wetland field delineation and report. The Engineer shall stake the proposed ROW and potential jurisdictional wetlands/waters in the field just prior to the USACE field verification visit, especially in areas that have a high potential of disturbance because of weather, animals, or human activities. The jurisdictional boundaries will be located on a schematic or plan layout and sealed by a Professional Engineer (P.E) or Registered Professional Land Surveyor by the Engineer after the verification is complete. The Engineer will accompany the USACE during the site visit. USACE requests for changes in jurisdictional boundaries will be identified in the field and submitted to the State and the USACE as an amendment to the wetland delineation report. 9. Geological Resources a. Geology and Soils The Engineer will identify and describe the physiography, topography, soils types, and geology of the study area. b. Karst Feature Survey The Engineer will conduct a karst feature survey in accordance with currant USFWS protocols. Karst survey tasks to be completed are described below: i. Background Geology Published geologic reports will be reviewed and the information used to establish the geologic and ground water conditions beneath the 7.5-acre project site. Primary sources of information will be geological and ground water reports published by the Bureau of Economic Geology, Texas Water Development Board, and U.S. Geological Survey. Other sources including fault and lineament maps, and topographic maps will also be reviewed. Relevant cave-related publications including published cave surveys will be reviewed for any known features within a 1 mile radius of the site. ii. Aerial Photography Examination Aerial photography of the project and surrounding areas will be examined for evidence of fractures, lineaments, sinkholes, lithologic contacts, and other potentially relevant karst features. Aerial photographs may not provide valuable information due to the dense vegetation present in the project area. iii. Field Survey The Engineer will conduct a walking survey to locate and describe karst features that may be habitat for threatened or endangered cave species. The survey will conducted along transects that normally have 50 foot spacing, unless site conditions require more closely spaced transects. The survey will be conducted and supervised by a geologist meeting USFWS's criteria for a karst geologist and assisted by a staff geologist meeting the criteria of a karst technician. Identified features will be marked with flagging and photographed,and their positions will be determined using a handheld GPS instrument. USFWS protocols recommend surveying all areas within 500 feets of the area to be developed, especially those hydrologically downgradient of the area to be developed and identified caves. Based on the results of the literature review and the field survey, a determination will be made to survey the 500-feet buffer upgradient from the site. iv. Report of Findings The findings of the karst feature survey will be presented in a written report. The report will include the following elements: • Narrative describing the location, topography, roads, drainages, and impervious cover of the project and adjacent areas. • Narrative of the geology within the Project Site, including stratigraphy, structure, lithologic contacts, fractures, faults, lineaments, sinkholes, known caves,USFWS karst zones, and dominate soil types. • Narrative describing when the survey was conducted and the methods used to complete it. • Narrative describing each identified karst feature, including dimensions, type, trend, approximate entrance elevation, geologic characteristics, and surface drainage area. (Initial description will include a preliminary evaluation consisting of a light hand excavation only.) • U. S. Geological Survey topographic map (7.5 minute or larger scale) delineating the area surveyed, regional karst zones (as defined by USFWS), and karst features identified in the surveyed area. The map shall also show known caves and faults within the vicinity of the project site, which were discovered through available literature,aerial photographs,or other sources. • Names and qualifications of the persons that conducted the survey. Deliverables • Draft Karst Survey Report in PDF format(4 copies) • Final Karst Survey Report in PDF format(4 copies) 10. Ecological Resources The Engineer will address/prepare the following due to NEPA Process: a. Vegetation Communities i. Assess potential impacts to the vegetation communities by quantifying the extent (in-house mapping only — no exhibit produced) of vegetation communities for the preferred alternative. Discuss impacted vegetation in the context of the overall study area. ii. Discussion should include a general description of trees being removed by the expansion. Description will include species of trees, range of size (dbh) and approximate number removed. b. Fish and Wildlife Resources i. Assess potential impacts to the fish and wildlife resources within the preferred alternative by examining habitats based primarily on vegetation communities. Discuss impacted habitat in the context of the overall study area. 11. Threatened and Endangered Species The Engineer shall perform the biological services as outlined below. a. Surveys for Protected Species or Habitat of Protected Species The Engineer shall perform surveys for protected species or for potentially suitable habitat of protected species. i. For the purposes of this contract,protected species shall include: • All species listed by the USFWS as threatened or endangered or proposed for listing as threatened or endangered(50 C.F.R. 17.11-12); • All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register); • Species listed as threatened or endangered species by TPWD (State of Texas Threatened and Endangered Species Listings, TPWD); • Species protected by the Migratory Bird Treaty Act(50 C.F.R. 10.13). Note: This effort will include documenting migratory birds observed during field visits and assessing vegetative communities. Species specific surveys for migratory birds are not feasible since almost 1,000 species are protected by the Afigratory Bird Treaty Act. ii. The Engineer shall examine existing data to determine the likelihood that protected species, their habitat, or designated critical habitat (per 50 C.F.R 17.94-95)could be impacted by the Transportation Activity.Existing data shall include the records of the TPWD Natural Diversity Database(NDD). iii. Personnel conducting presence/absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. iv. If critical habitat (50 C.F.R. 17.94-95) has been designated for a federally protected species, the Engineer shall determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. V. For all surveys, the Engineer shall furnish a written report to the State. The report shall include: • Sources for and results of preliminary data collection, • The name(s)of the person(s)performing the fieldwork, • Dates of fieldwork, • Weather conditions at the time of the survey(s), • Species for which survey was performed, • Whether potential habitat for protected species(including designated critical habitat) is present, • Whether the protected species is absent or present, • Survey protocols or other methods used, • The Engineer's analysis of the Transportation Activity's potential to affect critical habitat and recommendations (if any) for species/habitat conservation, • Appropriate 7.5 minute U.S.G.S topographic quad map(s) showing all areas surveyed for protected species, habitat for protected species, designated critical habitat boundaries, if any, and location(s) of protected species occurrence, • Representative photographs of the area(s) surveyed. b. Habitat Analysis The Engineer shall perform an analysWcharacterization of habitat and habitat impacts for the study area. If the Engineer encounters protected species or habitat for protected species,the Engineer shall notify the City immediately. i. Descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) within the study area be based upon The Vegetation Types of Texas,Including Cropland(TPWD, 1984). ii. Land use for transportation activities involving no new ROW: • The habitat description shall indicate the vegetative type(s) listed for the study area in The Vegetation Types of Texas, Including Cropland. The habitat description shall indicate whether an S1, S2, or S3 vegetation series listed in 'Plant Communities of Texas (Series Level)" (Texas Natural Heritage Program, April 1993)is present. • The habitat description shall include a description of the existing vegetation in the ROW of the transportation activity. The habitat description shall describe potentially suitable habitat for protected species if such habitat occurs within or immediately adjacent to the ROW. The description shall indicate the presence or absence of distinct vegetative types (per The Vegetation Types of Texas, Including Cropland) or S1, S2, or S3 vegetation series (per 'Plant Communities of Texas (Series Level)"} if any have been identified during field inspections. The Engineer shall supplement the description with maps (based on USGS 7.5'maps) and photographs.Maps shall be annotated to indicate the locations and areas of distinct vegetative types (per The Vegetation TVes of Texas, Including Cropland) or S1, S2, or S3 vegetation series (per "Plant Communities of Texas (Series Level)") if any have been identified during field inspections. Representative photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. If the vegetation within the ROW does not match the description in The Vegetation Types of Texas, Including Cropland or if there is an unusual difference between the vegetation in the ROW and outside the ROW, additional details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the vegetative types described The Vegetation Types of Texas Including Cropland.Unusual vegetation features may include: — Unmaintained vegetation, — Trees or shrubs along a fenceline adjacent to a field (fencerow vegetation), — Riparian vegetation (particularly where fields/cropland extend up to the riparian corridor), — Trees that are unusually larger than other trees in the area, — Unusual stands or islands of vegetation. • If special habitat features are present, additional details shall be included in the description to clearly describe the feature(s)present and to explain why the feature(s) should be regarded as special. Special habitat features include: — Bottomland hardwoods, — Caves, — Cliffs and bluffs, — Native prairies (particularly those with climax species of native grasses and foths), — Ponds(temporary and permanent,natural and man-made), — Seeps or springs, — Snags(dead trees)or groups of snags, — Water bodies(creeks, streams,rivers,etc), — Existing bridges with known or easily-observed bird or bat colonies. • The habitat analysis shall contain a description of anticipated impacts to vegetation. The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s)of facility proposed for the transportation activity. iii. Land use within and outside the proposed ROW shall be described. If lack of access to the new location ROW limits field observation for the habitat description, existing published sources shall be used to provide an estimate. The description of vegetation shall include the following: • Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous[grass and forbD present, • Height of trees(range), if present, • Diafeet at Breast Height(DBH)of trees(range and average),if present, • Percent canopy cover of trees, if present, • Acreage for each vegetation type present. C. Analysis of Stream Modifications and Associated Habitats The Engineer shall provide habitat impact analysis when modification of a stream channel is included as part of the Transportation Activity where the streambed is being relocated (channelization), straightened, altered (deepened or widened), or cleaned as a part of road/bridge construction or as an easement involving drainage improvements. The report on the habitat impact analysis shall describe impacts, both direct and indirect, to the adjacent riparian habitats associated with stream modifications,and shall include: i. A description of existing vegetation. ii. Areal extent of temporary and permanent impacts, in acres, including impacts in temporary or permanent easements outside the proposed ROW, iii. Type of impacts proposed to affect the channel (e.g., channelization) and adjacent surfaces(e.g., clearing for equipment operation), The Engineer shall coordinate between the State and USFWS or TPWD as directed by the State to ensure that proper rules, regulations and policies are followed in providing biological services in connection with this section of this Attachment. All coordination between the Engineer and resource agencies shall be approved in advance by the State. Deliverables • Draft Habitat Survey Report in PDF format(4 copies) • Final Habitat Survey Report in PDF format(4 copies) 12. Cultural Resources The Engineer will perform archaeological and non-archaeological historic resources surveys(investigations within the limits of property access such that TxDOT can complete the Section 106 process and fulfill the requirements of the Antiquities Code of Texas. Based on the Engineer's current knowledge of the project area, the Engineer recommends that an updated background records review be conducted and that the entire project are a be intensively surveyed for archaeological and no-archaeological historic resources according to TxDOT-approved procedures outlined below. a. Archaeological Resource Studies The Engineer will perform the archaeology survey under a Texas Antiquities Permit issued by THC and signed by a professional archeologist (Title 13, Part 2, Chapter 26, TAC} on the State's staff. If archaeological sites are located during the survey, National Register eligibility testing and data recovery investigations may be required to an extent that cannot be defined at the current time. Those services are not included in this scope, but will be provided under supplemental authorization by the City and TxDOT. i. Archaeological Background Studies Prior to the intensive archaeological survey, the Engineer shall perform an archaeological background study in accord with the following TxDOT specifications. • The Engineer shall review site files at the Texas Archaeological Research Laboratory(TARL) and Texas Historical Commission (THC) to determine whether previously recorded archaeological sites are present in the area to be documented for the DEIS. Review of the Texas Historic Sites Atlas shall be used for THC file review unless otherwise approved by the State. If sites are present, the Engineer shall consult relevant site forms and archaeological reports to determine the characteristics of the sites. The Engineer shall produce a clearly reproducible map, based on U.S. Geological Survey (USGS) 7.5' topographic maps, indicating areas where recorded archaeological sites are present. • The Engineer shall review Natural Resources Conservation Service (MRCS) soil maps, Bureau of Economic Geology(BEG)geological maps, planning documents, and USGS topographic maps to determine the general landscape characteristics of the study area with respect to the identification of areas where preservation of archaeological historic properties and State Archaeological Landmarks (SALs) is unlikely as a result of inappropriate geomorphic conditions for preservation of intact archaeological sites. The Engineer shall produce a clearly reproducible map, based on USGS 7.5' topographic maps, indicating where areas where preservation of intact archaeological deposits is unlikely. • The Engineer shall identify Native American tribes to be consulted in accord with 36 CFR 800. Unless explicitly approved by FHWA and the State, the Engineer shall not perform consultation with Native American tribes. The State will initiation consultation with the Native American tribes. • The Engineer shall identify and seek the views of local historical and archaeological societies, county historical commissioners, and other interested individuals or organizations. • The Engineer shall perform early coordination with the State Historic Preservation Office (SHPO). Early coordination shall consist of a request for information concerning the project. This request shall incorporate all of the results of archaeological background studies and surveys performed by the Engineer. The Engineer's request for information shall not initiate formal consultation with the SHPO under Section 106 of the National Historic Preservation Act or the Antiquities Code of Texas. ii. Intensive Archaeological Survey The Engineer shall perform an intensive survey for the preferred alternative at those areas approved by TxDOT as areas of potential archaeological concern. The Engineer shall perform surveys, reporting, and documentation to satisfy THC requirements for determining whether archaeological sites are present in the project area, and whether test excavations or a higher level of archaeological work is needed. • Survey shall be initiated with preparation of a research design, including the results of the archaeological background studies, and acquisition of a Texas Antiquities Permit from the THC. The permit application will require coordination through and approval by TxDOT Environmental Affairs Division archaeology staff • Survey methods will comply with THC/Council of Texas Archeologists (CTA)standards. • Shovel tests, mechanically excavated trenches, and other subsurface excavations shall be sufficient in number and depth to assure satisfaction of THC requirements. • Survey involving geoarchaeological evaluation and identification of in situ archaeological deposits in the project area shall include mechanically excavated trenches. Trenches excavated for geoarchaeological evaluation and site identification shall be documented in sufficient detail to assure satisfaction of THC information needs. Mechanically excavated trenches will only be performed according to limits of written agreements between the City and the property owner. Excavated trenches will be backfilled immediately upon completion. No trenches will be left open overnight. • Following completion of the survey, the Engineer will prepare and submit a draft report of findings to TxDOT and the THC for review and comment. If no archaeological sites are identified by the investigations,the report will follow the format of the "TxDOT Environmental Affairs Division, Archaeological Survey Report,No Propextiesr' form. If archaeological sites are identified by the investigations, the report will meet the report format standards of the THC/CTA. Deliverables • Draft Archaeological Survey Report in PDF format(4 copies) • Final Archaeological Survey Report in PDF format(4 copies) b. Non-Archaeological Historic Resource Studies L Non-Archaeological Historic Resource Survey The Engineer shall perform historic resource studies within the limits of property access agreements between the City and the property owner such that TxDOT can complete the Section 106 process. Identification, evaluation and documentation tasks shall be completed in accordance with the provisions of the Secretary of the Interior's Standards for the Identification, Evaluation and Documentation of non-archaeological historic resources.Historic studies shall be performed and documented at sufficient levels to satisfy THC requirements for determining the presence of historically significant properties in the Area of Potential Effects (APE) in accordance with 36 CFR 60 and 13 TAC 26. Performance of historic studies shall include the following tasks unless otherwise specified. • Area of Potential Effect(APE) The Engineer shall recommend that the APE and the limits of the survey area be defined according to the 500-feet wide zone of permissible property access. This APE will require consultation with and approval by TxDOT and the THC. Any expansion of the APE and the survey area required by the TxDOT or the THC will require the City and the property owner to develop written approval for survey of the additional APE. Otherwise, the City will be required to acquire information and documentation needed to complete Section 106 requirements for non- archaeological historic resources. • Literature Review The Engineer shall conduct a literature review to establish appropriate historical and cultural contexts for the project area, to determine information requirements, and to direct the survey effort. • Research Design The Engineer shall prepare a research design in consultation with the State and the THC. The research design shall provide a succinct summary of the literature review results, clear descriptions of identification, evaluation and documentation tasks required, and associated production schedules. The Engineer shall submit the research design to TxDOT for review and coordination with the THC. The Engineer shall revise the research design to reflect comments by TxDOT and THC. • Reconnaissance Survey The Engineer shall conduct a reconnaissance-level survey for non- archaeological historic resources based on the methodology outlined in the THC-approved research design. The reconnaissance survey shall not be implemented without prior approval of the research design by the State and THC. Within the limits of property access arranged between the City and the property owner, the Engineer will record non-archaeological historic- age resources located on property tracts that extend into the APE. For the purposes of this project, "non-archaeological historic-age resources"will be defined as buildings, structures, objects, districts, etc., built prior to circa 1965. This cut-off date is based on a projected letting date of 2010 with a five-year buffer to allow for adjustments in project planning. — Each historic resource (defined in accordance with 36 CFR. 60 as a building,structure,object,historic district or non-archaeological site at least 50 years old at the time of project letting) in the APE shall be documented in the following manner: The Engineer shall provide photographic documentation for each historic resource. At a minimum this shall include an oblique view of the primary fagade and a side elevation for each resource,with the subject filling the frame. All photographs shall be 3.5"x5" color representations printed on matte finish photographic paper. All photographs shall be well focused and clearly depict architectural and other details relevant to an evaluation of the resource's character-defining features. Four copies of each image shall be provided. Photographs shall be attached to separately labeled pages that clearly identify project name, address of resource and project ID number. - The Engineer shall produce an inventory of all resources,provided in a table form that details their project ID numbers, locations, property type and subtype classifications, stylistic influences, construction dates, integrity issues and preliminary eligibility recommendations. - The Engineer shall provide a letter report detailing the results of the reconnaissance survey. This report shall not exceed five (5) pages,excluding photographs,maps and other documentation. The letter report shall describe the findings of the reconnaissance survey and make recommendations to the State for the need, if any, to conduct intensive survey efforts. - The letter report shall have sufficient detail and clarity to provide THC with a basis for making determinations of(NRHP eligibility without requiring submission of additional documentation or for making recommendations concerning the scope of the intensive survey. At a minimum,it shall include the following information: o A brief overview of the results of the reconnaissance survey, including an inventory of historic resources requiring no additional survey efforts in order to finalize determinations of NRHP eligibility in accordance with 36 CFR 60. o An inventory of historic resources requiring additional intensive survey efforts in order to finalize determinations of NRHP eligibility in accordance with 36 CFR 60. o Maps showing the location of each historic resource labeled with its appropriate project ID number, running as consecutively as possible from the top left hand corner to the bottom right hand corner of the map. Outbuildings and landscape features shall be reported as subsets of the main project ID number for a property, for example, a garage associated with Site No. 100 could be labeled Site No. 100a. The APE shall be clearly indicated on the map. Major street names and other directional landmarks shall be clearly indicated on the map. Maps shall be based on aerial photographs or USGS 7.5'topographic maps. o The Engineer shall revise the letter report to address comments by the State and the THC and shall submit four copies of the letter report to the State. The State shall assume responsibility for transmitting the letter report to the THC and the transmitting THC comments to the Engineer. ii. Historic Resources Intensive Survey If the reconnaissance-level survey cannot fully satisfy THC requirements for determining the presence of historically significant properties in the Area of Potential Effects (APE), follow-up intensive survey efforts may be required. Any required survey activities by the Engineer beyond the 500-feet wide zone of permissible access established in the agreement between the City and the property owner and any information requests, including oral history interviews with the land owner, are not allowed under the current agreement for property access between the City and the property owner. The Engineer can provide those additional intensive survey activities only to the extent that the City acquires the information needed and provides it to the Engineer for analysis and integration into the final report along with other comments on the reconnaissance-level survey results. Tasks associated with the intensive survey shall include: 1. Completion of a Texas Historic Sites Inventory form or a THC-approved equivalent for each resource identified as potentially NRHP eligible in the reconnaissance survey. At a minimum, each inventory form will provide sufficient detail about the location, physical characteristics, character-defining details, modifications and other integrity issues, associated outbuildings or historic landscape features,contextual relationships and historic background of the resource to finalize determinations of NRHP eligibility in accordance with 36 CFR 60. 2. Completion of supplementary photographs of auxiliary resources, landscape features, setting issues, integrity issues,representative streetscapes as detailed below: • Additional photographs shall be required if architectural alterations including, but not limited to, replacement of historic doors and windows, attachment of synthetic siding, loss of ornamental detailing or unsympathetic additions compromise the historic integrity of the resource. • Additional photographs of the inter-relationship of resources shall be required if historic outbuildings or significant landscape features are associated with the property. • Additional photographs of the inter-relationship of resources shall be required if potential or designated historic districts are identified within the APE. These photographs shall document representative streetscapes for each block or significant area within the historic district. 3. Preparation of site maps detailing the inter-relationship of resources such as outbuildings and landscape features associated with a potentially NRNP eligible property. 4. Assembly of historical research for each property identified as potentially NRHP eligible in the reconnaissance survey, including comparative information for property types and other contextual information required to finalize determinations of NRHP eligibility in accordance with 48 FR Parts 44716-42. 5. Evaluation of each property identified as potentially NRHP eligible in the reconnaissance survey against NRHP criteria for significance and for integrity in accordance with 36 CFR 60. 6. The Engineer shall prepare a survey report detailing the results of the intensive survey. This report shall describe the findings of the intensive survey and make recommendations to the State for NRNP eligibility of all resources.The survey report shall have sufficient detail and clarity to provide THC with a basis for making determinations of NRHP eligibility without requiring submission of additional documentation. At a minimum, the survey report shall include the following information for review and comment by the State and THC: • An outline of the purpose and methodology of the project. • A summary of the background history of project area, presenting historic contexts relevant to the time period associated with the historic resources in which to evaluate significance of resources for NRHP eligibility. • Observations on patterns of settlement, development trends, resource distribution and analysis of survey data. • An inventory of resources with proposed determinations of NRHP eligibility for all resources, evaluated against NRHP criteria for significance and integrity in accordance with 36 CFR 60. • Detailed information on potential historic districts, including inventories, maps,photos,background history and justification of significance. • Project area maps,survey forms,photographs, site maps. • The Engineer shall revise the survey report to address comments by the State and THC in accord with the State's errors and omissions policy. The Engineer shall submit four copies of the survey report to the State. The State assumes responsibility for transmitting the survey report to THC. The State assumes responsibility for transmitting THC comments to the Engineer. Deliverables • Historic Resources APE Limits Map(s) in PDF format(2 copies) • Historic Resources Research Design in PDF format(2 copies) • Draft Historic Resources Intensive Survey Report in PDF format (4 copies) • Final Historic Resources Intensive Survey Report in PDF format (4 copies) 13. Hazardous Materials In addition to performing a visual observation for the project area to reveal any indication of hazardous materials, the Engineer will conduct a regulatory records review for the project corridor. The records review will examine available site lists from city, county, state, and federal records including the Environmental Protection Agency and the TCEQ. The environmental documents will include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project areas. The findings of the regulatory database search and the visual observations will be summarized in the EA. The EA will also include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project study area and potential impacts from identified hazardous materials sites. 14. Visual Impacts The Engineer shall document the visual impact of the proposed new location corridor relative to the surrounding environment. The Engineer shall identify visual impacts in accordance with the requirements of FHWA Technical Advisory TA-T6640.8A(1987). 15. Section 4(i)Properties The Engineer shall update/prepare an inventory of all parklands that exist within the proposed ROW. It is currently anticipated that a City of Round Rock planned extension park located in the northwest corner of the study area may be considered a Section 4(f) resource. Since the ownership and boundaries of the proposed park tract is in question, the Engineer shall coordinate with the City and surveyor to obtain property ownership and boundaries for the proposed park. The Engineer shall provide a determination of Section 4(f) impacts in the draft EA. If public lands, park lands, recreational lands or National Register-eligible historic resources are directly impacted by ROW acquisition, thereby requiring a Section 4(f) evaluation, it will be provided under a supplemental scope and budget. 16. Indirect and Cumulative Impacts The Engineer shall conduct an indirect and cumulative impacts (ICI) analysis using the TxDOT eight-step approach. At this time it is assumed that the resources to be evaluated are land use,waterbodies, habitat and cultural (archaeological and historic)resources. The Engineer will prepare a discussion of the ICI to these resources utilizing the approach outlined in the "March 2006 Draft Interim Guidance on Preparing Cumulative Impact Analysis". Any additional resources requiring the eight step approach will be conducted as a supplemental to this agreement. 17. Permitting a.U.S. Army Corps of Engineers i. Section 10 of the Rivers and Harbors Act (33 U.S.C.403). The Engineer shall determine whether the proposed project requires a Section 10 permit and shall perform coordination with the USAGE. The Engineer shall prepare and submit to USACE an application for a Section 10 permit,and shall obtain a Section 10 permit from USAGE,if applicable. ii. Section 401 of the Clean Water Act (33 U.S.C. 1341). The Engineer shall determine whether the proposed project requires a Section 401 water quality certification and shall perform coordination with the USACE.If the permit is an Individual Section 401 permit, the Engineer shall prepare and submit to USACE a TCEQ 401 checklist. iii. Section 404 of the Clean Water Act (33 U.S.C. 1344). The Engineer shall determine whether the proposed project requires a Section 404 permit (Nationwide or Individual) and shall perform coordination with the U.S. Army Corps of Engineers. The Engineer shall prepare and submit to USACE an application for a Section 404 Nationwide permit,and shall obtain a Section 404 permit from USACE. If the permit is an Individual Section 404 permit, the Engineer shall prepare and submit to USACE a TCEQ Tier I checklist. However, this proposal includes the cost to submit and obtain a Nationwide permit. If it is determined that an Section 404 Individual permit is required,the scope and budget to submit and secure such a permit would be developed under a supplemental effort. iv. Endangered Species Permitting. If it is determined that endangered species would be affected by the proposed project, some level of permitting would be required from U.S.Fish and Wildlife Service (USFWS). This permitting effort would be either Section 7 or Section 10(a) depending on the project factors. Since the level of endangered species permitting can not be determined at this time, the scope and budget to conduct such activities is not included herein. If it is determined based on field assessment that endangered species may be impacted, a supplemental scope and budget will be prepared for permitting these impacts. b. Permit Coordination Meeting The Engineer will schedule and conduct a permit coordination meeting with USACE and USFWS after the field surveys have been conducted. 18. Right of Entry The Engineer shall determine ownership data and secure permission to enter private property for purposes of environmental investigations. The Engineer will prepare the right of entry letter to be mailed to each property owner in the study area requesting a written response confirming or denying right of entry. The Engineer will make reasonable attempts to contact each landowner verbally prior to conducting any fieldwork if written correspondence is not successful. A log of all contact with landowners will be maintained. The Engineer will also provide for staking of the proposed project center line and right of way limits at a frequency such that field personnel can identify the project location and limits in the field. D. Environmental Document Processing 1. The EA outline will be prepared in accordance with FHWA Technical Advisory T6640.8A and will be composed of the following basic sections: • Cover Sheet • Table of Contents • Purpose and Need • Description of Alternatives • Affected Environment and Environmental Consequences • Recommendation of the Preferred Alternative • Appendices - Appendix A: Comments and Coordination Letters - Appendix B:List of Preparers 2. The Engineer shall prepare and distribute copies as indicated and respond to comments on the EA as described below: a. Prepare two(2)hard copies of Preliminary Draft EA(version 1)for City and District review(1 copy each). b. Respond to TxDOT Austin District and City comments and prepare revised Draft EA (version 2) for TxDOT Environmental Affairs Division (ENV) review. Submit ten (10)copies and one electronic copy to District for forwarding to ENV. c. Respond to ENV's comments and prepare Final Draft EA (version 3). Submit ten (10) copies and one electronic copy to District for forwarding to and coordination with Federal Highways Administration(FHWA) and by ENV. d. Respond to FHWA's comments and prepare Final EA (version 4) and submit eight (8) copies and one electronic copy to the District for forwarding to FHWA. It is assumed for purposes of scope and budget that FHWA will conclude project impacts are potentially insignificant and a FONSI is anticipated. The State will initiate clearinghouse review. Deliverables • Preliminary Draft EA in PDF format(2 copies) • Revised Draft EA in PDF format(10 copies) • Final Draft EA in PDF format(10 copies) • Final EA in PDF format(8 copies) 3. Within the clearinghouse review period for the EA or after FHWA approval of the EA, The Engineer will assist the City, in conducting Design and Section 4(f) Public Hearing (see public involvement section). E. Field Visit Whether or not discussed under each impact category,the following field visits will be conducted in support of the detailed evaluation of environmental issues investigated and documented in the EA for the preferred alternative. Field reconnaissance and investigations will be conducted only for certain impact categories, as outlined below. All field reconnaissance will occur after rights of entry are secured. a. Social/Economic/Land Use A reconnaissance field survey will be conducted by a socioeconomic specialist to evaluate and document these categories, to include required visits/meetings with city, county, and regional planning organizations,as necessary. b. Ecology/Wetland&Threatened and Endangered Species The Engineer shall perform field investigations (at stream crossings and topographic depressions, and in appropriate endangered species habitat)using four qualified biologists to further identify the biotic and wildlife community; determine wetland extent quality, and function; and identify potential habitat for any endangered species identified through prior research.Windshield surveys from public roads and accessible ROW will be used to verify biotic and wildlife communities in areas remote from streams and wetlands. C. Karst Feature The Engineer will conduct a walking survey to locate and describe karst features that may be habitat for threatened or endangered cave species. The survey will be conducted along transects generally spaced at 50-foot, unless site conditions require more closely spaced transects. The survey will be conducted and supervised by a geologist meeting USFWS's criteria for a karst geologist assisted by a staff geologist. d. Hazardous Materials The Engineer will conduct a regulatory records review for the project corridor and perform a visual observation of the project area to reveal any indication of hazardous materials. The records review will examine available site lists from city, county, state, and federal records including the Environmental Protection Agency and the TCEQ. The environmental document will include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project areas. The findings of the regulatory database search and the visual observations will be summarized in the EA. The EA will also include site location maps and detailed discussions of the type and status of any identified potential hazardous materials sites in the project study area and potential impacts from identified hazardous materials sites. e. Cultural Resources L Archaeology An intensive archaeological survey of high probability areas will be conducted under an approved antiquities permit by qualified archaeological personnel. This effort will be to identify the limits of archaeological sites within the project ROW and assess potential impacts. An intensive archaeological survey report documenting the results of the archaeological field survey will be prepared and submitted to the State for coordination with the Texas State Historic Preservation Officer. Correspondence documenting agency review and approval of the investigation will be appended to the EA. No National Register testing or data recovery investigations are budgeted under this scope ofwork. ii. Historic and Architectural Structures The Engineer will conduct a reconnaissance survey of the project area and an adjacent 150-foot area of potential effect (APE) to identify and document historic-age buildings, structures, landscapes, etc.that may be impacted by the project. F. Public Involvement: The Engineer shall conduct and participate in the following public involvement activities as generally outlined below(prior to approval of the EA and Schematic). 1. Public Meeting Prior to the development of the EA and after development of the preferred alternative,the Engineer shall plan, coordinate, and conduct an informal public meeting using an open house format to solicit comments and concerns from the public and major project stakeholders.This effort will include the following activities: a. In collaboration with the City, the Engineer shall develop a plan for public involvement activities. The plan shall specify all activities to be performed for public involvement. The plan shall specify all alternatives to be discussed during public involvement activities. b. The Engineer shall compile, maintain and update a mailing list of people, agencies and organizations within the study area. c. The Engineer shall make all arrangements for the public meeting, including the site of the meeting, mailing and publishing notices,preparation of exhibits, and provision for taping or transcription of proceedings. The City shall provide the facility to conduct the public meeting. d. The Engineer shall submit all legal notices to the City for review prior to posting. The City shall finance the cost to post the notices in the local newspapers. e. The Engineer shall arrange a meeting with the City to review all exhibits and other materials to be used at public meetings or hearings. The Engineer shall obtain the City's approval for all legal notices, exhibits, and other materials. f. The Engineer shall provide personnel (7) to staff and conduct the public meetings, including people to perform registration, make presentations, and answer questions. Personnel to be provided shall be identified. g. The Engineer shall develop and submit to the City a summary of the public meeting. The Engineer shall develop and submit to the City a comment and response report, summary and analysis, and other information necessary to evaluate and disseminate information from the public meeting. The comment and response report, summary and analysis, and other information shall be sufficiently detailed to provide a full record of questions asked, issued and concerns raised, and responses given during the meeting. The comment and response report, summary and analysis, or other information shall be sufficiently detailed to provide a basis for incorporating all information gathered at public meetings into the EA. h. The Engineer shall develop and send acknowledgement letters and/or response letters to commentors at public meetings or hearings. The Engineer shall not distribute acknowledgement of response letters without prior approval by the City. 2. Public Hearing After approval of the EA and Schematic,the Engineer shall plan,coordinate, and conduct a formal public hearing with a presentation to inform the public and major project stakeholders of the project status. This effort will include the following activities: a. The Engineer shall make all arrangements for the public hearing, including the site of the hearing, mailing and publishing notices, preparation of the presentation and exhibits, and provision for taping or transcription of proceedings. The City shall provide the court reporter and the facility to conduct the public hearing. b. The Engineer shall submit all legal notices to the City for review prior to posting. The City shall finance the cost to post the notices in the local newspapers. c. The Engineer shall arrange a meeting with the City to review all exhibits and other materials to be used at the public hearing.The Engineer shall obtain the City's approval for all legal notices,exhibits, and other materials. d. The Engineer shall provide personnel (7) to staff and conduct the public hearing, including people to perform registration, make presentations, and answer questions. Personnel to be provided shall be identified. e. The Engineer shall develop and submit to the City a summary of the public hearing. The Engineer skull develop and submit to the City a comment and response report, summary and analysis, and other information necessary to evaluate and disseminate information from the public hearing. The comment and response report, summary and analysis, and other information shall be sufficiently detailed to provide a full record of questions asked, issued and concerns raised, and responses given during the meeting. The comment and response report, summary and analysis, or other information shall be sufficiently detailed to provide a basis for incorporating all information gathered at the public hearing into the EA. f. The Engineer shall develop and send acknowledgement letters and/or response letters to commentors at public meetings or hearings. The Engineer shall not distribute acknowledgement of response letters without prior approval by the City. FC150 FIELD SURVEYING Revised limits of survey: Topographic and planimetric mapping within 125 feet of the centerline of proposed Creek Bend, and within 25 feet of the proposed ROW of Hairy Man Road, as shown on the preliminary schematic. This will include mapping of existing curbs, pavements, visible and exposed utilities, structures, drainage facilities and other improvements that may affect design criteria. Revised limits of tree survey: Tag and locate all trees 12 inches in diameter and over within 25 feet of proposed ROW, as shown on the preliminary schematic. Tree Trimmings will be removed from the site and disposed of by subcontractors. ENVIRONMENTAL DELIVERABLES 1. Public Involvement Plan in PDF format(4 copies) 2. Public Meeting Material and Exhibits in PDF format 3. Public Meeting Summary Report in PDF format(4 copies) 4. Public Hearing Presentation,Material and Exhibits in PDF format 5. Public Hearing Summary Report in PDF format(4 copies) 6. Public Hearing transcript in PDF format(2 copies) 7. Wetlands Reports in PDF format S. KARST Reports in PDF format 9. HABITAT Reports in PDF format 10. Archaeological Reports in PDF format 11. Historic Reports in PDF format 12. EA Documents in PDF format ADDENDUM TO EXHIBIT C Work Schedule The changes to the Work Schedule for this project are as follows: Creek Bend Phase 11 g 699 699 02-Oct-06 A 03-Nov-09 0 Project/Contract Management 96 29 02-Oct-06 A 15-Mar-07 670 = NTP Work Order No.2 0 0 02-Oct-06 I -- •ff Meeting 0 0 02-Oct-06 " Kick-Off Meeting w/City of Round Rock&Other Agencies 0 0 02-Oct-06 Ai •. - • •« 0. • ,.. ScheduleNVork Plan 115 115 14-Feb-07 7 7 77-TOT 676 Field Survey 40 40 14-Feb-07 1&Apr-07 62 Preliminary Bridge Layout 5 5 11-Apr-07 17-Apr-07 62 Public Meeting Process 96 96 14-Feb-07 28-Jun-07 229 Environmental Assessment Process 341 341 05-Feb-07 06-Jun-08 0 401 Tier 11 Questionaire and Alternatives Analysis' 52 52 28-Feb-07 10-May-07 263 Section 404 Wetlands Delineation Report 136 136 14-Feb-07 24-Aug-07 189 Species/Habitat Survey Report 97 97 14-Feb-07 29-Jun-07 22 Historic Reconnaissance Survey Report 64 64 14-Feb-07 14-May-07 261 Public Hearing Process 81 81 04-Dec-07 28-Afar-08 40 Archeological Phase I Survey Report 135 135 14-Feb-07 23-Aug-07 130 Archeological Phase II Testing Report 134 134 20-Aug-07 29-Feb-08 0 Karst Survey Report 99 99 14-Feb-07 04-Jul-07 226 60% PS&E Submittal 124 124 30-May-07 22-Nov-07 136 90% PS&E Submittal 61 61 23-Nov-07 21-Feb-08 432 100% PS&E Submittal 33 33 22-Feb-08 09-Apr-08 33 Final PS&E Submittal 9 9 09-Apr-08 22-Apr-08 33 Letting and Construction Phase Services 390 390 22-Apr-08 03-Nov-09 0 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: EXHIBIT D PBS&J Classification Summary Creek Bend Extension Phase 2 Supplemental #1 to Work Authorization #2 PHASE 2 SUPPLEMENTAL #1 Classification Hours Unloaded Hourly Labor Cost Rate Principal 2 $51.19 $102 Project Manager 84 $51.19 $4,300 Senior Engineer 16 $47.78 $764 Design Engineer 120 $32.42 $3,891 Design EIT 70 $27.30 $1,911 Senior Planner 4 $35.33 $141 Senior Scientist 124 $35.33 $4,381 Scientist 124 $24.73 $3,067 Senior Env Planner 206 $35.33 $7,278 Env Planner 38 $24.73 $940 Senior Geologist 143 $40.63 $5,810 Staff Geologist 204 $30.03 $6,127 Historian 114 $35.33 $4,028 Research Assistant 156 $22.97 $3,583 Arch. 110 $31.80 $3,498 Arch. Tech 164 $21.20 $3,477 3 Man Survey Crew 48 $44.16 $2,120 GIS Graphics 130 $22.97 $2,986 Admin/ Clerical 138 $21.20 $2,925 Raw Laborl 1,995 $61,329 Audited Overhead (152.71%) _ $93,655 Profit (12%) _ $18,598 Total Labor= $173,582 PBS&J Total Labor $173,582 PBS&J Expenses $7,545 PBS&JTotal Fee $181,127 Page 1 of 1 2/12/2007 I HH Hill I Jill air a a d 8�gj8 8�q�P;1 8 8 9 8g pis g g'RIV 9 vi 9 gs� "i E.YFIIBIT D PBS Classification Summary Creek Bend Extension Phase 2 Function Code;Task Description Std New $e"1Or Senior I Senior Project Sheets Sheets Pnnnpai � Fngiceer Engineer Senior Design Design Senior Senior Senior Arch Senior Semim Foe Swim Sta0' CinI Arch. �"1Or 'Three Man i Manager Manager (QA) I (QC) -PD� Engineer FIT Planner I Scientist Scientist I Ent• Pia— Geowi ist Geologist Historian Assistant 'eY lots sSw m nvlroninentefStardles(FC Id0) Planner Tech SaN eY Suney Eng CADD CADD GIS Admin/ Teal A.Pu and Need I I Tech Crew Tech Oaentm Operator Graphics Clerical Hours B.Aiterrralim 2 I 1. AtemaBveg Ana 4 4 ! ! 8 10 2. Conalrahls M I 60 20 A nMAseMaBves z I a to ! q 4 4 C.Errvkonlmersal lm 1 4 a I e 1. -sw uwMIDcaWn Im90 pacts e 36 2.PrisFa wands I 8 0 Social and Economic I I 4. PetlesbiaNB' FadfiBes i6 4 B 5.ArQe ua 6. W In l6 4 a 1 14 7.Water ResourcesM m toed ister I I 4 2a a.Surtaco Waa0 d b. Gmundwaler 2 a a 8 8 48 e Iz I i e. H m bo0 ins I ! I 8. W ateI aWR Of the USANetlaMa 1 atlon 8 12 16 32 8 4 38 .1,13 of the US 8 b.Wetlands Desreaaors 8 76 2 8 8 c. Pre &Slbmi Drag Wetlantls Definealion Re n 4 co ies 2 2 it. R rid b Comments&Submit Final Wetlands DeBneation Report 4 Copies) 6 6 a e.F SACS verikatlon and nd b Corrine ss I 1z 16 2 9.Geo ical Resources � I 1 1! I a. isal Y&SO 6 1 ls I 1 3 2 b. Karst re re Sung i 6 C. Pre &St6mit Draft Karst Stave Re rt 4 copies) 12 d.R nd b COmmerss&Submit Final Karst Stave Re rt 4 co s ! I zit 54 ! 12 10.Eco ices Resoltroes � I a. VOgetafiOn 4 8 10 4 93 2 2 16 b. FL811 aro Wrtl itlste I 1 4 11.Threarerletl aEnda red Species 2 a a.Suns for Habitat 4 b. Hati t A 3 8 g C.Ana of Stream Motlircatbre 6&Aaepcyted Habitats e z 6 it. 1.1im 8 Slbmi Draft Habitat e Stave Re rt d co's ! 2 6 i e --mnemes 8 Subms 1`1191gl Habitat Save Re d rt 222�s I 8 166 16 16 12.Cuiuml Resources a.Arnil i WIIteal Resource Studies z 6 8 i. Artsreeo ial mond Studies __ i. Ardlaep ical IriertsNe Stave I B III P &Srbmi Drag Amlaeo 8 t6 ical Save b rt 4 co ies ! rv• b Canmerts&Slbmi Foal Arciseo kat Slave Re rt 4 co reit ! ! b. Non-Ar 1:11 1 kat Hiabdc Resource Shdies ! I 32 56 1. NotoArcitaeo ical Hkbric Resourco Surve B 16 88 8. Historic Resources Insensive Stave 1 24 6. &Submit Historic Resolaces R88earctl n with APE ma 2 W' w• &SrlMni Draft KWI Resorarlas hserlsive Save Re d 4 co v. I GOmnlem&Submit Final Historic Resourcos hsenl5ive Suva Re rt 4 co s 8 12 13.Hazardolat Matedala ! 12 32 4 24 14.Visual Impacts 24 40 d 15.Section dies ! I 10 a6a 16.Indirect&CumMaBve impacts6 4 z 16 a 12 a. Land Use 8 A itch b.Water Resources A qi 6 72 I 16 c. ioate Approach B 16 72 d.Artslaeo kat Resources 6-ste A ach 8 16 a gq e. Historic ReWI MOS a-ate A am 32 I.Peen a. US Army Corps 24 40 24 40 8 32 s. Section 10 72 1. Berton 401 a 72 w. Settles 404 4 4 Penng W b Canmenls&Slbmi Frsl Penni 12 16 4 b. iCcodirla0pnM 18.Right of. 4 1 12 D.Environmental Document procesI 6 1 28 e 1. Pre re/Dialntsm EA 8 R rid b Comments 12 13 l0 q a. Draft EA ver.i for and Dkbkl Review 2 co7 26 b. b Cor11 &submit Draft EA ver.2 for ENV Review 10 ce 8 C b Cornlrlerss 8 arbrnt Foal Drag EA ver.3 b FHWA for review 10 2 4 B 4 8 I 6 1 2 2 2 2 4 2 4 16 48 it. b C•orrarrerttr 8 subrK Frsl EA ver,4 8 6 I 2 2 E.FieN Ysits 2 4 2 4 >6 6 2 4 2 4 22 a• Social/EcoromlNLand Use 1 da) - b. Eco etlanaVT&E 2 days) c. rat Featlae Surve 8 10 tl B 22 d.HazaMous Materiak tda ib e. Curious Resoucea 100 100 16 L A 3d 4 16 ii. Hisbrie aWciures 2 days) 200 F.Pubic InvoNemem 4 24 16 1. Pubic a. PP ! 12 12 40 b. Ma' LLSt a 24 c. 8 Sciotlule 8rd arta is nKe' I I 8 d.SllbrlliIsillial IIDOM 2a e. Pubic Material end 6drDis and MeM w/ b review 20 1 12 24 PFWM6 f. ProI stafF b abeBd g I 1> Pubic 4 6 6 s 6 6 6 h. Re rd b oon"nam1 6 6 4 12a 2. Pubic Hea' aSchedule and arra obit hes 4 36 w Submit roUM I a C. Prelim Pubso Yq@IiNPn3aetlfatiorl,Maldial and Fritts and Mm w/city to review 1 d. Provide stag b eltend Heaft 12 12 e. Prbic 4 6 f. R b cemmenb 1 6 6 6 6 6 i 4 6 3 34 Function Code Totals 2 843e 16 a 1 120 70 4 124 I 124 206 38 143 20d 114 156 110 164 4 130 138 1,947 Page 1 of i 2/12/2007 a g w w 9' gg�s 3 3 R � 74 9 1119 19 g � w g5g 4 z� Of §p F�C as �OY _N EXHIBIT D Direct Expenses Creek Bend Extension Phase 2 Supplemental#1 to Work Authorization #2 Environmental Direct Cost Unit Quantity Unit Price Total Mileage Mile 1 952 $0.35 $333.20 Brush Trimmin /HaulingDa 10 $350.00 $3,500.00 °:- s Di ital Camera Day 18 $20.00 $360.00 Wetlands Delineation Report ea 8 $16.00 $128.00 Karst Survey Report ea 8 $7.50 $60.00 Habitat Survey Report ea 8 $7.50 $60.00 Archaeological Survey Report ea 8 $12.00 $96.00 Historic Resources Intensive Survey Report ea 8 $15.00 $120.00 Preliminary Draft EA ver. 1 ea 2 $20.00 $40.00 Draft EA ver. 2 ea 10 $20.00 $200.00 Final Draft EA ver. 3 ea 10 $20.00 $200.00 Final EA ver.4 ea 8 $20.00 $160.00 acid!?tiptAloop Public Meeting/Hearing Meeting/HearingExhibits ea 4 $15.00 $60.00 Photocopies 8%z"x11" Handouts, Sign In sheets, etc ea 300 $0.10 $30.00 Color Photocopies 8'/z"x11" ea 75 $1.00 $75.00 Color Photocopies 11"x17" ea 45 $1.50 $67.50 Hand Held GPS System Day 10 $25.00 $250.00 Mechanical Excavator rental Environmental Investigation) Day 1 $750.00 $750.00 Noise Meter Rental ea 1 $530.00 $530.00 Water Well Survey LS 1 $200.00 $200.00 HazMat Database Search LS 1 $250.00 $250.00 Overnight Express Delivery Services ea 5 $15.00 $75.660 Environmental Total $7.545 otal Direct Costs $7,545 Page 1 of 1 2/12/2007