Contract - AECOM Technical Services - 7/28/2016JROUND ROCK, TEXAS
PURPOSE FISSION PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FOR DAM 101 — 30% DESIGN
FIRM: AECOM Technical Services ("Engineer")
ADDRESS: 9400 Amberelen Boulevard, Austin, Texas 78729
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered
into to be effective on ;5 Mo- 2'j lk- , 2016 by and between the CITY OF
ROUND ROCK, a Texas home -rule unicipal corporation, whose offices are located at 221 East
Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer,
and such Contract is for the purpose of contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A
entitled "Professional Services Procurement Act" provides for the procurement by municipalities
of services of professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering
services; and
WHEREAS, City and Engineer wish to document their agreement concerning the
requirements and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev. 12/11
00360539/ss2
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental
Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as frilly a part of this Contract as if attached to this Contract or repeated
herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled
"Engineering Services."
Engineer shall perform the Engineering Services in accordance with a Work Schedule to
be agreed upon between City and Engineer as part of the Work Authorization provided in Article
7 herein, "Work Authorization." Such Work Schedule shall contain a complete schedule so that
the Engineering Services included in the Work Authorization may be accomplished within the
specified time and at the specified cost. The Work Schedule shall provide specific work
sequences and definite review times by City and Engineer of all Engineering Services. Should
the review times or Engineering Services take longer than shown on the Work Schedule, through
no fault of Engineer, Engineer may submit a timely written request for additional time, which
shall be subject to the approval of the City Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close
of business on the 3& day of the month of August, 2017, or as otherwise terminated as provided
in Article 20 entitled "Termination." Any Engineering Services performed or costs incurred after
the date of termination shall not be eligible for reimbursement. Engineer shall notify City in
writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering
Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical
importance, and agrees to undertake all necessary efforts to expedite the performance of
Engineering Services required herein so that the services will be commenced and completed as
scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article
2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to
fully and timely accomplish all Engineering Services required under this Contract in a
professional manner.
F1
(3) Work Authorization. After execution of this Contract, Engineer shall not proceed
with Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full
compensation for all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing
work associated with this Contract, in accordance with the Fee Schedule attached hereto as
Exhibit C. Payment of monies due for the Engineer's subconsultant's services, if any, shall be
based on the actual amount billed to the Engineer by the subconsultant.
The maximum amount payable under this Contract, without modification of this Contract
as provided herein, is the sum of Nine Hundred Twenty -Two Thousand Eight Hundred Sixty -Six
and No/100 Dollars ($922,866.00). Engineer shall prepare and submit to City monthly progress
reports in sufficient detail to support the progress of the work and to support invoices requesting
monthly payment. Any preferred format of City for such monthly progress reports shall be
identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an
absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress.
Engineer shall prepare and submit to City, not more frequently than once a month, an invoice
showing Engineering Services performed. This submittal shall also include a progress
assessment report in a form acceptable to City.
Payments shall be made by City based upon Engineering Services actually provided and
performed. Upon timely receipt and approval of each statement, City shall make a good faith
effort to pay the amount which is due and payable within thirty (30) days. City reserves the right
to withhold payment pending verification of satisfactory Engineering Services performed.
Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that Engineering Services were completed.
The certified statements shall show the total amount earned to the date of submission and
shall show the amount due and payable as of the date of the current statement. Final payment
does not relieve Engineer of the responsibility of correcting.any errors and/or omissions resulting
from his/her/its negligence.
a
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Engineer will be made within thirty (30) days of the day on which the performance of services
was complete, or within thirty (30) days of the day on which City receives a correct invoice for
services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt
payment policy; however, this policy does not apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the
payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment
delivered or the Engineering Services performed which causes the payment to be
late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on
the purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct
and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
WORK AUTHORIZATION
The Engineer shall not proceed with any task listed on Exhibit B until the City has
issued a written Work Authorization regarding such task. The City shall not be responsible for
work performed or costs incurred by Engineer related to any task for which a Work
Authorization has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Alysha Girard
Project Manager
2008 Enterprise Drive
Round Rock, TX 78664
Telephone Number (512) 218-6646
Fax Number (512) 218-5536
Email Address agirard@roundrocktexas.gov
4.
City's Designated Representative shall be authorized to act on City's behalf with respect
to this Contract. City or City's Designated Representative shall render decisions in a timely
manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in
the orderly and sequential progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Darrell L. Jones, PE
9400 Amberglen Boulevard
Austin, TX 78729
Telephone Number (512) 419-5897
Fax Number (512) 454-8807
Email Address darrell.iones aaccom.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer
with City at City's election. Engineer shall prepare and present such information as may be
pertinent and necessary, or as may be requested by City, in order for City to evaluate features of
the Engineering Services. At the request of City or Engineer, conferences shall be provided at
Engineer's office, the offices of City, or at other locations designated by City. When requested
by City, such conferences shall also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the
Work Schedule, then City shall review the Work Schedule with Engineer to determine
corrective action required.
Engineer shall promptly advise City in writing of events which have or may have a
significant impact upon the progress of the Engineering Services, including but not limited to
the following:
(l) Problems, delays, adverse conditions which may materially affect the ability to meet
the objectives of the Work Schedule, or preclude the attainment of Engineering
Services units by established time periods; and such disclosure shall be accompanied
by statement of actions taken or contemplated, and City assistance needed to resolve
the situation, if any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals
sooner than anticipated.
5.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this
Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar
days' verbal notification followed by written confirmation to that effect. Such thirty -day notice
may be waived in writing by agreement and signature of both parties. The Engineering Services
may be reinstated and resumed in full force and effect within sixty (60) days of receipt of
written notice from City to resume the Engineering Services. Such sixty-day notice may be
waived in writing by agreement and signature of both parties. If this Contract is suspended for
more than thirty (30) days, Engineer shall have the option of terminating this Contract.
City assumes no liability for Engineering Services performed or costs incurred prior to
the date authorized by City for Engineer to begin Engineering Services, and/or during periods
when Engineering Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to
perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall
promptly notify City in writing. In the event City finds that such work does constitute extra
work and exceeds the maximum amount payable, City shall so advise Engineer and a written
Supplemental Contract will be executed between the parties as provided in Article 13. Engineer
shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Contract. City shall not be responsible for
actions by Engineer nor for any costs incurred by Engineer relating to additional work not
directly associated with the performance of the Engineering Services authorized in this Contract
or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed
Engineering Services or parts thereof which .involve changes to the original Engineering
Services or character of Engineering Services under this Contract, then Engineer shall make
such revisions as requested and as directed by City. Such revisions shall be considered as
additional Engineering Services and paid for as specified under Article 1.1.
Engineer shall make revisions to Engineering Services authorized hereunder as are
necessary to correct errors appearing therein, when required to do so by City. No additional
compensation shall be due for such Engineering Services.
B
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of
the Engineering Services, or (2) the duration of the Engineering Services. Any such
Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until
the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be
identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no
claim for extra work done or materials furnished until the City authorizes full execution of the
written Supplemental Contract and authorization to proceed. City reserves the right to withhold
payment pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs
stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer
and its subcontractors are related exclusively to the services described in this Contract and are
intended to be used with respect to this Contract. However, it is expressly understood and agreed
by and between the parties hereto that all of Engineer's designs under this Contract (including
but not limited to tracings, drawings, estimates, specifications, investigations, studies and other
documents, completed or partially completed), shall be the property of City to be thereafter used
in any lawful manner as City elects. Any such subsequent use made of documents by City shall
be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City
shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and
expenses, including but not limited to attorneys fees, resulting therefrom_
By execution of this Contract and in confirmation of the fee for services to be paid under
this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal
Copyright Act of 1976 (or any successor copyright statute), as amended, all common law
copyrights and all other intellectual property rights acknowledged by law in any designs and
work product developed under this Contract. Copies may be retained by Engineer. Engineer
shall be liable to City for any loss or damage to any such documents while they are in the
possession of or while being worked upon by Engineer or anyone connected with Engineer,
including agents, employees, Engineers or subcontractors. All documents so lost or damaged
shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce
Engineer's work and documents for purposes of constructing, using and maintaining
infrastructure or facilities for which said work and documents were prepared , provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this
Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent
with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is
permitted to authorize other similarly credentialed design professionals to reproduce and, where
permitted by law, to make changes, corrections or additions to the work and documents for the
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purposes of completing, using and maintaining infrastructure or facilities for which said work
and documents were prepared.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission
granted herein to another party without the prior written agreement of Engineer. However, City
shall be permitted to authorize a contractor, subcontractors and material or equipment suppliers
to reproduce applicable portions of the Instruments of Service appropriate to and for use in their
execution of work for the City. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes is permitted. Any unauthorized use of
the Instruments of Service shall be at City's sole risk and without liability to Engineer and its
Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City
and Engineer shall by separate written agreement set forth the specific conditions governing the
format of such Instruments of Service or electronic data, including any special limitations not
otherwise provided in this Contract. Any electronic files are provided by Engineer for the
convenience of City, and use of them is at City's sole risk. In the case of any defects in
electronic files or any discrepancies between them and any hardcopy of the same documents
prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed
by Engineer shall be relied upon.
Engineer shall have no liability for changes made to Engineer's Instruments of Service by
other engineers subsequent to the completion and delivery of the Instruments of Service to the
City. Any such change shall be sealed by the engineer making that change and shall be
appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of
all Engineering Services, and adequate and sufficient personnel and equipment to perform the
Engineering Services as required. All employees of Engineer shall have such knowledge and
experience as will enable them to perform the duties assigned to them. Any employee of
Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to
the Engineering Services shall immediately be removed from association with this Contract
when so instructed by City. Engineer certifies that it presently has adequate qualified personnel
in its employment for performance of the Engineering Services required under this Contract, or
will obtain such personnel from sources other than City. Engineer may not change the Project
Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services
under this Contract without prior written approval from City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing, by City prior to
Engineering Services being performed under the subcontract. No subcontract shall relieve
Engineer of any responsibilities under this Contract.
8.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to
review or otherwise evaluate the Engineering Services performed or being performed hereunder
and the premises on which it is being performed. If any review or evaluation is made on the
premises of Engineer or a subcontractor, then Engineer shall provide and require its
subcontractors to provide all reasonable facilities and assistance for the safety and convenience
of City or other representatives in the performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City
before any final report is issued. City's comments on Engineer's preliminary reports shall be
addressed in any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for
termination of this Contract, and any increased costs arising from Engineer's default, breach of
contract, or violation of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by
Engineer to perform the Engineering Services set forth herein in a satisfactory
manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set
forth herein.
(4) By City, for reasons of its own and not subject to the mutual consent of
Engineer, upon not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described
herein.
Should City terminate this Contract as herein provided, no fees other than fees due and
payable at the time of termination shall thereafter be paid to Engineer. In determining the value
of the Engineering Services performed by Engineer prior to termination, City shall be the sole
judge. Should City terminate this Contract under Subsection (4) immediately above, than the
9.
amount charged during the thirty -day notice period shall not exceed the amount charged during
the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this
Contract for fault on the part of Engineer, then City shall give consideration to the actual costs
incurred by Engineer in performing the Engineering Services to the date of default, the amount
of Engineering Services required which was satisfactorily completed to date of default, the
value of the Engineering Services which are usable to City, the cost to City of employing
another firm to complete the Engineering Services required and the time required to do so, and
other factors which affect the value to City of the Engineering Services performed at the time of
default.
The tennination of this Contract and payment of an amount in settlement as prescribed
above shall extinguish all rights, duties, and obligations of City and Engineer under this
Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws."
If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its
contractual obligations, then City may take over and prosecute the Engineering Services to
completion. In such case, Engineer shall be liable to City for any additional and reasonable costs
incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of any procurements made by Engineer in support of the Engineering Services
under this Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local
laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court,
or administrative bodies or tribunals in any manner affecting the performance of this Contract,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
10.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Contract, which are caused by or which result from the negligent error,
omission, or negligent act of Engineer or of any person employed by Engineer or under
Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but
not limited to attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by
Engineer, its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and
shall promptly make necessary revisions or corrections to its work product resulting from errors,
omissions, or negligent acts, and same shall be done without compensation. City shall determine
Engineer's responsibilities for all questions arising from design errors and/or omissions.
Engineer shall not be relieved of responsibility for subsequent correction of any such errors or
omissions in its work product, or for clarification of any ambiguities until after any construction
project or maintenance performed pursuant to the Engineering Services provided under this
Contract has been satisfactorily completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering
submissions to City in accordance with the Texas Engineering Practice Act and the rules of the
State Board of Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any
company or persons, other than a bona fide employee working solely for Engineer, to solicit or
secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer
any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this Contract. For breach or violation of this
warranty, City reserves and shall have the right to annul this Contract without liability or, in its
discretion and at its sole election, to deduct from the contract price or compensation, or to
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial
interest, direct or indirect, in the purchase or sale of any product, materials or equipment that
H.
will be recommended or required for any construction project or maintenance performed
pursuant to the Engineering Services provided under this Contract.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the
entire term while this Contract is in effect professional liability insurance coverage in the
minimum amount of One Million Dollars per claim from a company authorized to do insurance
business in 'Texas and otherwise acceptable to City. Engineer shall also notify City, within
twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or
material change in coverage it receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or
liabilities of Engineer, Engineer shall require each subconsultant performing work under this
Contract to maintain during the term of this Contract, at the subconsultant's own expense, the
same stipulated minimum insurance required in Article 26, Section (1) above, including the
required provisions and additional policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in
order to assure compliance with the insurance requirements. Engineer must retain the certificates
of insurance for the duration of this Contract, and shall have the responsibility of enforcing these
insurance requirements among its subconsultants. City shall be entitled, upon request and
without expense, to receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non -renewal or reduction in limits by endorsement a notice thereof shall be given
to City by certified mail to:
City Manager, City of Round Rock
221. East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any such future coverage, or to City's Self -Insured
Retentions of whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Engineer shall be borne solely by Engineer, with certificates of insurance
evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance
are evidenced as Exhibit D herein entitled "Certificates of Insurance."
12.
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer
any interest in this Contract, in whole or in part, by operation of law or otherwise, without
obtaining the prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity,
illegality or unenforceability shall not affect any other provision thereof and this Contract shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any
prior understandings or written or oral contracts between the parties respecting the subject
matter defined herein. This Contract may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to this Contract, and records of accounts between City and Engineer,
shall be kept on a generally recognized accounting basis and shall be available to City or its
authorized representatives at mutually convenient times. The City reserves the right to review
all records it deems relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally
delivered or mailed to such party at the following respective addresses:
13.
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, -TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Darrell Jones
AECOM Technical Services
9400 Amberglen Boulevard
Austin, TX 78729
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence
and that any failure of Engineer to complete the Engineering Services for each phase of this
Contract within the agreed Work Schedule may constitute a material breach of this Contract.
Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its
reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent
failure to perform City may accordingly withhold, to the extent of such damage, Engineer's
payments hereunder without waiver of any of City's additional legal rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this
Contract if prevented from performing any of their obligations hereunder by reasons for which
they are not responsible or circumstances beyond their control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock,
Williamson County, Texas, and if legal action is necessary by either party with respect to the
enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Contract shall be governed by and construed in accordance
with the laws and court decisions of the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession
practicing under the same or similar circumstances at the same time and in the same locality.
Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under
14.
this Contract or otherwise, in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable
construction cost provided by Engineer are made on the basis of information available to
Engineer and on the basis of Engineer's experience and qualifications and represents its
judgment as an experienced and Qualified professional engineer. However, since .Engineer has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s) methods of determining prices, or over competitive bidding or market
conditions, Engineer does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action
to be based upon opinion, judgment, approval, review, or determination of either party hereto,
such terms are not intended to be and shall never be construed as permitting such opinion,
judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the
signatory is an officer of the organization for which he/she has executed this Contract and that
he/she has full and complete authority to enter into this Contract on behalf of the firm. The
above -stated representations and warranties are made for the purpose of inducing City to enter
into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be
signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer,
signing by and through its duly authorized representative(s), thereby binding the parties hereto,
their successors, assigns and representatives for the faithful and fiill performance of the terms
and provisions hereof.
CITY OF ROUND ROCK, TEXAS APP O ED AS TO ORM:
Ey. I
Alan McGraw, Mayor Stepha L. Sheets, City Attorney
ATTEST:
By:
Sara L. White, City Clerk
AECOM Technical s, Inc.
Y'
ignatt f Principal
Printed Name: 1 D _� a f1,_O� ✓� P�
15.
City of Round Rock Dam 10130% Design
Contract for Engineering Services
List of Exhibits Attached
Exhibit A Services to be Provided by the City
Exhibit B Services to be Provided by the Engineer
Exhibit C Work Schedule
Exhibit D Fee Schedule
Exhibit E Certificates of Insurance
City of Round Rock
Contract for Engineering Services
Exhibit A
Services to be Provided by the City
Dam 10130% Design
The City will provide the following information and other assistance to the Engineer (insert
Engineer Name) that the City deems appropriate and necessary:
1. Any readily available pertinent existing information relating to the services to be performed
by the Engineer; the City will provide one copy of such information in a format chosen by
the City.
2. Clear direction and/or response to questions or requests made by the Engineer in the course
of the Engineer's performance of services.
3. Timely review of deliverables that have been properly completed and submitted by the
Engineer; and timely provisions of comments, if any, to the Engineer resulting from said
reviews.
4. City to contract with and coordinate Cambrian Environmental.
Page A-1 of I
City of Round Rock Dam 10130% Design
Contract for Engineering Services
EXHIBIT B
Services to be Provided by the Engineer
Proposed AECOM Scope of Work (SOW)
City of Round Rock - Dam 101 - 30 Percent Design
rev July 6, 2016
The following is a proposal prepared by AECOM Technical Services, Inc. and is based on our
understanding of the project gathered from our recent City of Round Rock contracts as well as
the recent concept modeling work conducted under other contract mechanisms. This work is
further explained in the Project Description section.
1. PROJECT DESCRIPTION
Background:
The City of Round Rock (City) and the Upper Brushy Creek Water Control and Improvement
District (WCID or District) are jointly pursuing flood control and mitigation projects within the
Lake Creek Watershed. The City wishes to design and construct Dam 101 as part of this effort.
The proposed Dam 101 would be located in Williamson County, Texas generally located
northwest of the intersection of McNeil Rd and SH 45, and just north of the existing Dam 9. The
purpose of this proposal is to provide geotechnical and environmental field investigation, agency
coordination, and design services for the preliminary (30 percent) design of Dam 101.
The general criteria for the concept design of the combined tandem of Dam 101 and 102 was to
provide improvements to divert and/or detain flood water such that finished floor elevations of
existing residential structures along Lake Creek within the City Limits of Round Rock and
upstream of I11-35, will be at least 1 foot higher than the projected 1 percent Annual Chance
Flood Hazard Area based on:
• The Phase 2 Risk Mapping, Assessment, and Planning (MAP) hydrologic and hydraulic
(H&H) models submitted to the Federal Emergency Management Agency (FEMA) by
AECOM;
• Estimated future development of the Robinson Ranch property, located in the upstream
watersheds of Dams 101 and 1.02, based on the annexation agreement with the City of
Austin dated June 28, 2004 (and later determined to consist of approximately 80 percent
impervious cover);
• Existing land use conditions for all other property located upstream of the dams;
• Existing quarries owned/operated by Austin White Lime being left unfilled and therefore
not altering the hydrologic/hydraulic model; and
• Modeling refinements as described in the Modeling Assumptions and Results
Comparison Memo (URS, May 2016).
To date AECOM has completed the following work:
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• Initial field reconnaissance;
• Lake Creek watershed hydrology and hydraulics;
• Concept refinement studies for both Dam 101 and Dam 102;
• A materials investigation study;
• A. limited geophysical study of the Dam 101 foundation;
• Design Workshops with WCID and City of Round Rock; and
• Presentations to the Dam 101 and 102 landowner (Robinson family), culminating in their
approval of the general dam concepts and approval to proceed with field investigations.
The current concept design for Dam 101 includes the following conceptual design elements:
• General
o ID: Alternative No. 12;
o Alignment `B' — shifted upstream, to minimize karst feature impacts;
0 100 -year peak outflow = 505 cfs at the Auxiliary Spillway Crest Elevation (782);
a Top of Dam (Crest) Elevation = 789 ft;
o Embankment Length = approx. 3800 ft;
o Max Embankment Height = approx. 40 ft; and
o Approximate Embankment Volume = 231,000 CY.
• Auxiliary Spillway (Preliminary)
o Spillway Crest Elevation = 782 ft;
o Labyrinth Floor Elevation = 764.2 ft;
o Labyrinth Weir Width = 400 ft;
o Labyrinth Weir Depth = 49 ft;
o Number of Labyrinth Cycles = 15;
o Stilling Basin Length = 95 ft; and
o Stilling Basin Wall Height = 18 ft.
• Principal Spillway/Outlet Works
o No. of Conduits = l;
o Diam. of conduits = 60 in.; and
o* Impact Basin.
• Category: Intermediate; High Hazard.
• Minimum Design Flood Hydrograph per Texas Commission on Environmental Quality
(TCEQ) = 76 percent of PMF (to be confirmed during design).
Dam 101 lies within the property of Austin White Lime Company on the Robinson family ranch
and undertaking the investigations described herein will require coordination with the property
owners, via the District. The site is an environmentally sensitive area within the current
jurisdiction of the City of Austin and Williamson County.
2. SCOPE OF WORK
The Scope of Work (SOW) for this project has been divided into the major tasks listed below.
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• Task 1 — Project Management and Meetings.
• Task 2 — Auxiliary Spillway Siting and General Arrangement.
• Task 3 — Field Investigations.
• Task 4 — Environmental Investigations/Permit Support.
• Task 5 — 30 Percent Design Package.
The work breakdown structure, detailed task description, and assumptions associated with the
work are presented in the following sections. AECOM's estimates of labor and ODCs are based
on the assumptions and descriptions provided for each task, as well as the General Assumptions
at the end of this scoping document.
Task 1 - Project Management and Meetings
Task 1.1 Project Management
This task will consist of project management and meeting time necessary for project setup and
execution of the project. This task consists of managing and scheduling AECOM resources and
project team members and performing administrative tasks during the execution of the work.
This will include the following:
1. Initial project setup/contract/accounting system;.
2. Subcontract preparations and setup; subcontract management and invoicing.
3. Monthly Invoicing/Progress Reporting.
4. Client Communications - AECOM will assist the City with Owner communications/
coordination via the WCID. It is anticipated that meetings/conference can will be
scheduled to review Project progress and discuss concept refinements.
5. Project Progress Monitoring. AECOM will. monitor budget and schedule progress for
field, design tasks, and drawing development.
6. Project Coordination. AECOM will. conduct cross -discipline progress/coordination
meetings and conference calls for engineering and environmental coordination.
7. Health and Safety Plan development.
Task 1.2 Property Owner Coordination
AECOM understands that the City and WCID will endeavor to keep the Robinson family
informed of project developments, and continue to maintain the good working relationship it has
already established. To that end, AECOM will coordinate their site efforts with the City, as well
as WCID/Robinsons, and provide time for answering property owner questions through the
City/WCID.
Coordinate with the City/WCID/Robinsons to obtain right of entry as well as calendar
coordination with the Robinsons for field investigations. It is understood that the
Robinsons will need to utilize their property and the City/WCID may wish AECOM to
honor the family's wishes and arrange field activities around the owner's schedules for
periods such as hunting season. Due to the nature of these activities, it will not be
possible to identify owner conflicts, except to coordinate in advance with the property
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owners and assess within the weeks leading up to specific efforts. It should be understood
that this may result in re -scheduling and/or alteration of the field work durations.
Ad-hoc emails and conference calls (no meetings anticipated), with the City/WCID to
support their communication/coordination with property owner. Estimated at
approximately 2 per month.
Additional contingency support for this work is identified in Task 6.
Assumptions:
The WCID General Manager or other WCID Representative will provide point of contact
with the Robinson family, and coordinate meetings and communications;
AECOM will provide support role for same;
Task 1.3 Meetings
AECOM will hold milestone meetings with the City as indicated below. AECOM will
subsequently develop/submit meeting notes for review and approval. Additional ad hoc meetings
may be requested by the City. The following meetings will be held based on the project
schedule:
• Project Kickoff Meeting - AECOM will hold a project kickoff meeting after the Notice to
Proceed is issued.
• Auxiliary Spillway Creek Discharge — AECOM will hold a meeting and/or conference
call with City and WCID to discuss the results of the modeling efforts regarding impact
to Rattan and Lake Creek, based on the location of the auxiliary spillway in these creeks,
as described in Task 2. The results of that meeting will inform the selection of the
auxiliary spillway arrangement.
• Preferred Auxiliary Spillway Arrangement — AECOM will hold a meeting/conference
call to discuss the results of the draft memorandum on the preferred arrangement of the
auxiliary spillway, as described in Task 2. The results of this meeting will define the
auxiliary spillway location and arrangement, for purposes of identifying spillway -
associated field borings and test pits.
• 30 Percent Design Meeting — AECOM will hold a 30 Percent Design meeting after the
City has completed their review of the project deliverables. AECOM will respond to and
address the comments from the City and District; implementing comments and associated
responses will not be included in this phase, but in subsequent design phases. Discussion
will include detailed treatment of the design's project elements; construction cost will be
discussed, and design and construction schedule.
Deliverables:
• Project meeting minutes.
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Assumptions:
• The Principal, Project Manager, and selected task or technical leads will attend the
Kickoff meeting and 30 Percent Design review meeting. Other technical staff may attend
via conference call. Meeting anticipated to be held at City offices.
• The Project Manager and selected task leaders will attend the informal progress meetings,
either by conference call or at the City office. Denver staff who may attend will do so via
conference call.
• Per discussions with City staff, this scope does not include meetings with City of Austin
— see Section 6 — General Assumptions
Task 2 — Auxiliary Spillway Siting and General Arrangement
Note that whenever hydraulic and hydrologic (H&H) modeling (HECRAS or HECHMS) is
referenced in this SOW, the models used will be based upon the Phase 2 Risk MAP models
submitted to FEMA by AECOM.
Task 2.1 Initial TCEQ Hydrology Submittal
The hydrology that has been performed for the concept design to date will be documented, with
the requisite TCEQ summary forms, into a report for TCEQ review. A letter will be drafted,
requesting TCEQ review and stating the presented hydrology is the hydrology AECOM is
considering for design. The model to be used will be a hydrologic model per a configuration to
be confirmed with the City (with Dam 8 improvements, etc). Minor adjustments may be made to
the dam safety model to address specific TCEQ report needs.
A draft deliverable will be sent for client review, and comments addressed in the final document.
It is assumed no meeting will be necessary with TCEQ (these reports do not typically require in
person presentation/ discussion).
Deliverables:
• Draft and Final Hydrology Letter.
Task 2.2 Comparison of Rattan Creek and Lake Creek Auxiliary Spillway Discharges
The auxiliary spillway (AS) can be located to discharge either directly into Lake Creek or
indirectly into Lake Creek via Rattan Creek downstream of Dam 9. All of the modeling to date
has assumed that the AS discharges into Rattan Creek, and has focused on the one percent annual
chance (1% AC) and dam safety flood scenarios. This task will investigate two issues associated
with AS location:
• Effects on principal spillway (PS) hydraulics - Direct discharge into Lake Creek versus
Rattan Creek may have some minor effect on PS hydraulics, because of slight changes in
flowrate of the immediate tailwater.
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Effects on downstream flood levels for floods in excess of the 1 % AC flood - Dam
101 will be designed to detain the I% AC flood without AS discharge. Greater floods
will discharge through the AS. For example, if the AS were located on Rattan Creek,
0.2% AC flood levels will increase along Rattan Creek downstream of the AS, relative to
the before Dam 101,condition, but not necessarily relative to the current condition.
Keeping in mind that Dam 101 is to be built after Dam 102, the combined effect of Dam
102 (reduction in 0.2% AC flood level) with a Dam 101 AS location on Rattan Creek
(increase in 0.2% AC flood level) is uncertain.
In this task, the project effect of a direct AS discharge into Lake Creek will be compared to
direct AS discharge into Rattan Creek, using HEC -HMS and HEC -RAS software. Flood plain
levels for the following events:
• 1 % AC flood with ultimate developed landuse (estimate future percent impervious using
assumptions documented in the District Flood Protection Plan).
• 0.2% AC (500 -year) flood with existing landuse (existing percent impervious per Phase 2
Risk MAP models submitted to FEMA by AECOM).
The above flood events will be mapped for the following scenarios:
• Existing condition;
• With Dams 101 and 102 in place and Dam 101 AS discharge into Lake Creek; and
• With Dams 101 and 102 in place and AS discharge into Rattan Creek.
In addition, any changes in impacts to property (encroachment of flood extent on parcel
boundaries and/or structures) for each scenario will be noted on maps and tabulated in a
technical memorandum. A tabulation will also be made on the effect on principal spillway
tailwater.
It is not expected that this information alone will suffice to allow for recommendation for AS
location. A recommendation will. be made as part of Task 2.3, after considering cost
comparisons, permitting impacts, and client preferences.
A contingency line item is included in the fee (see Task 6) in case the City or District wish to
model. two additional scenarios, in which they may to simulate variations or combinations of the
following:
• Proposed Dam 101/102 design alternatives;
• Existing quarries filled or modified;
• 0.4% AC (250 -year) flood; or
• Ultimate developed/Robinson developed landuse conditions.
Deliverables:
• Brief memorandum (Draft and Final) describing Task 2.2.
• Meeting to discuss Draft memo and AS discharge location.
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Task 2.3 Selection of the Preferred Auxiliary Spillway Arrangement
It is understood that, for the City/WCID and the landowner, it is desirable to have a "low impact"
auxiliary spillway arrangement for Dam 101. It is likely that with this arrangement substantial
borrow materials will need to be imported for construction at significant cost to the project.
The "low impact" arrangement would likely comprise of siting the spillway to minimize
excavation and disturbance in the spillway approach and exit channel. It is assumed that
acceptable hydraulic conditions are achievable with this arrangement but this will be confirmed
during this task. It is likely that some excavation and impact to achieve acceptable hydraulic
conditions will be necessary but this will be kept to a minimum.
AECOM will use completed environmental studies and readily -available GTS to identify
potential environmental constraints which may influence permitting scenarios. This includes a
review of karst features (as provided by Cambrian), potentially jurisdictional waters, sensitive
habitat, and cultural resources. AECOM will prepare a table that summarizes the constraints by
alternatives. AECOM will also prepare a separate table summarizing how these alternatives will
generally affect the permitting process under Section 404 of the Clean Water Act and Edwards
Aquifer Rules. The information will be considered in light of current regulations and draft
regulations proposed for the U.S. Army Corps Nationwide Permits (NWP).
Several arrangements for the spillway will be considered with a view to economizing
construction cost. The most economical arrangement, with respect to cost, that meets with the
performance criteria will be offered as the preferred arrangement. A conceptual design for the
spillway will then be developed with a preliminary cost estimate. The conceptual designs would
be accompanied by a memorandum in Draft.
Deliverables:
• Conceptual design drawings for the "low impact" arrangement. Up to four drawings will
be developed.
• Preliminary cost estimates for the spillway only.
• Brief memorandum (Draft and Final) describing the arrangements considered, initial
review of environmental impacts, general effects on permitting scenarios, assumptions
and cost estimates.
• Meeting with conference call to discuss draft deliverables.
Assumptions:
It is assumed that the City / WCID do not wish to consider a higher impact, lower cost
arrangement, due to property owner desires and permitting impacts.
The NWPs will be reissued on March 17, 2017. Draft guidance will be considered if this
work product is developed before the NWP. Where possible, temporary and permanent
impacts (based upon restoration of pre -construction contours) will be estimated.
A separate, more detailed Section 404(b)(1) analysis will be prepared under a future
phase.
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Task 3 Field Investigations
Task 3.1 Site Survey
The Wallace Group will contract to AECOM to perform initial survey work. The following are
the primary elements of the survey:
• Set horizontal/vertical control;
• Title Search for existing easements;
• Survey the three ground -truth test holes from the geophysical work, performed under a
separate contract.
• Survey and stake proposed locations for the geotechnical investigation borings and test
pits. We expect some locations may need to be moved during preliminary design, due to
access, or due to other reasons as found by our field geologists. Hole or test pit locations
that have moved will be re -surveyed.
• Survey Lake Creek bed/banks in the vicinity of the dam footprint and principal spillway
location, and for the anticipated auxiliary spillway location.
• Survey crest of existing Dam 9 auxiliary spillway, and location where Dam 101 connects
to Dam 9.
The need for any additional ground survey required for final design will be identified.
Deliverables:
• CAD and pdf of the survey(s) will be provided to the City.
• Survey information to be incorporated into project drawings and test hole logs.
Task 3.2 Geotechnical Investigation
The geotechnical investigation will include data review, site reconnaissance, test pit excavation,
drilling, laboratory testing, and geotechnical data report. The following sections present each of
the subtasks.
Task 3.2.1 Data Review and Site Reconnaissance
A desktop data review of the results of electrical resistivity geophysical surveys and
confirmation borehole logs will be performed before any field work is done. Packer test data
from the confirmation boreholes drilled during the geophysical survey will be reduced and the
results analyzed. The purpose of the data review will be to help set the initial location and
arrangement of test holes and test pits to have the best probability of detecting subsurface voids
and other foundation defects that may have an impact on the design and construction costs for
the dam.
A site reconnaissance will be performed at the beginning of the field program. The purpose of
the reconnaissance will be to evaluate site access and the location of proposed test holes and test
pits with respect to known or suspected karst sinkhole features. The areas will also be reviewed
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for equipment access related to the landowner's desires to avoid damage to existing land
features, trees, etc. A work plan will be developed for submittal to City/WCID.
It is understood that the landowner and City/WCID wish to avoid future borrow excavation
activities behind Dam 101. do not intend to utilize Dam 102 as a borrow source; as a result, the
investigation for borrow source will not be conducted in the Dam 101 vicinity. However some
test pits will still be conducted at Dam 101 associated with the foundation investigation.
Once the locations of excavations/borings are marked, a utility locate will be required before any
excavations can be made. AECOM will also provide information to support the City's existing
permit with the Williamson County Conservation Foundation (WCCF) for Geotechnical Drilling
mitigation of karst features. Cambrian (under separate contract to City) will provide additional
input on karst-specific information for City's review, if necessary.
Deliverables:
• Work Plan
Assumptions:
• It is assumed an updated WCCF permit will not be necessary;
• It is assumed that the City will remit fees to the WCCF, if necessary
Task 3.2.2 Field Investigation
Field investigations will include drilling test holes, performing packer testing, installing up to
three monitoring wells and excavating test pits. Austin Geo- Logic will be supporting AECOM
related to drilling, packer testing and test pit excavation and TRI laboratory will be supporting
AECOM related to laboratory materials testing. Field investigations will also include collecting
samples from the Austin White Lime quarry spoil piles for laboratory testing.
Drilling:
Approximately 14 test holes will be drilled with a total footage of approximately 700 feet. Test
holes will be drilled using conventional hollow stem augers and diamond bit fluid coring
methods to characterize the karst limestone foundation with a focus to detect and characterize
subsurface voids and also subsurface rock properties that will be used to design the embankment.
All of the recovered core from these test holes will be kept in core boxes. Core boxes will be
labeled with the following information:
• Project Number;
• Project Name;
• Test Hole Number;
• Sample Number;
• Sample Depth; and
• Date Sampled.
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Test hole logs will be prepared for each hole drilled. The logs will describe the material
encountered in general accordance with the Unified Soil Classification System and International
Society of Rock Mechanics rock descriptions. The logs will identify the different geologic strata
encountered. General drilling comments will also be included on the field logs. Photographs
will be taken of the representative material observed in the cuttings of the holes and the rock
core. Photographs will be labeled with the name of the hole, depth and date.
The test holes will be used to characterize the soil and subsurface rock properties that will be
used to design the embankment and in particular foundation treatments that may be required.
The test holes will be logged and in-situ water testing, or packer testing, will be conducted in test
holes with in the limestone bedrock. A vibrating wire pore pressure sensor may be used for
packer testing, if karst conditions are encountered that result in low head measured during
testing. Results from the packer tests will be used to evaluate seepage potential in the foundation
and may be used to develop a grout curtain design to reduce potential for seepage, if needed.
Near surface packer testing will also be performed to help evaluate near surface foundation
defects which may influence the design and treatment of the embankment foundation contact
with respect to piping of material into the foundation.
Groundwater observation wells will be installed in up to three of the test holes. The purpose of
the wells is to monitor seasonal fluctuations in groundwater at the proposed dam site for
incorporation in the design of the dam and for construction. The wells will consist of a 10 -foot
section of 2 -inch diameter screened PVC with solid 2 -inch diameter riser pipe to approximately
1 foot above the ground surface. The location of the screened section will be determined upon
completion of the test hole and packer testing to target zones of interest (i.e., those where
groundwater is encountered during drilling and/or where higher takes during the packer testing
are observed). A sand pack will be placed around and above the screened interval and a
bentonite seal placed above the sand pack. The remainder of the test hole will be backfilled with
cement bentonite grout to the surface.
Groundwater measurements will be taken manually with a groundwater monitoring device
quarterly for a time period of 1 year.
Test holes not completed with a groundwater observation/monitoring well will be backfilled with
cement -bentonite grout upon completion of coring and packer testing. Cement -bentonite grout
backfill will be mixed onsite and placed using tremie methods. If karst conditions are
encountered that result in large grout takes, a gravel mixture may be added to the test holes to
help facilitate backfilling with grout. Groundwater observation wells would be decommissioned
in the same manner during construction of Dam 101.
Test Pits:
Approximately 20 test pits will be excavated as part of the Dam 101 design. The purpose of the
test pits will be to assess the thickness, type, and engineering properties of the clay soil above the
limestone bedrock within the footprint of the dam. This does not include any borrow source
investigation within Dam 101 or Dam 9.
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The test pits have two main objectives. The first objective of the test pits will be to characterize
the soil and rock conditions along the resistivity lines or previous borings to help correlate the
geophysical data to actual ground conditions. In addition, any anomalous data from the
geophysical surveys will be investigated.
The second goal of the test pits will be to assess the thickness, type and engineering properties of
the soil above the limestone bedrock. Test pits will be excavated to a maximum depth of
approximately 10 feet below ground surface and logged in accordance with the USCS.
The test pits will be excavated using a conventional rubber tire backhoe. Laboratory testing may
be performed on the material to help characterize different layers based on field observations and
visual classifications.
Test pits will be backfilled with the spoils excavated from the hole. The material will be placed
in two -foot lifts. Each lift will be compacted by tamping the material using the bucket of the
backhoe. The finished surface around the test pits will be leveled, raked and restored to existing
grade as close as possible using the backhoe bucket and metal rake. The disturbed surface area
may be approximately 10' x 10' in sizie. The disturbed area will be re -seeded.
Quarry Spoil Piles:
Up to six bulk samples will be collected from the Austin White Lime quarry spoil piles and
tested in accordance with Task 3.2.3.
Contingency
Additional Owner contingency is provided in Task 6 to account for the potential for additional
required site restoration efforts, as well as potential additional offsite borrow sources.
Deliverables:
• Field notes and logs which will be presented in the geotechnical data report.
Assumptions:
Every effort and practical attempt will be made to locate test holes and test pits where
access will not be hindered by trees or require tree removal, pruning, or other special
requirements related to property owner coordination for boring location access. In an
instance where it is not possible to relocate a test hole or test pit, the drilling company,
under the supervision of AECOM, will carefully prune or remove trees, branches or
bushes to provide access to the investigation location, taking care to minimize
disturbance to the site.
Task 3.2.3 Laboratory Testing
Soil and rock samples will be sent to a local laboratory for testing. Laboratory testing will
include triaxial tests, unconfined compression, consolidation tests, grain size analysis, Atterberg
Limits, soil permeability tests and others as needed. Triaxial tests will be consolidated,
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undrained, three point tests with pore pressure measurements. Unit weight and moisture content
will be recorded for each sample. The material testing program will be developed and finalized
during the field investigation program after more detail of the foundation is known based on the
field investigations. Additional testing may be completed if judged appropriate. All testing will
be done according to applicable ASTM standards.
Deliverables:
• Test results which will be presented in the Geotechnical Data Report.
Task 3.2.4 Geotechnical Data Report
The Geotechnical Data Report will be used as the basis of design and will present the suitability
of the foundation and will address issues regarding suitability and quantity of material available
for construction of the dam as designed. The report shall include the following:
A geological characterization of the dam and reservoir site will be presented in the report.
The geological characterization will present the regional geologic setting; local and site
geology; geologic suitability of the dam foundation and reservoir area; seismic history
and potential; and other potential geological hazards posed by the site and proposed
construction. The geological characterization shall include the preparation of a site-
specific geological map based upon field observations and mapping by an AECOM
geologist.
The Geotechnical Data Report will present logs of borings and test pits; standard
penetration or other field density tests; field and laboratory classification of soils;
measurement of the water level in each drill hole; in-situ permeability tests; gradation
tests of foundation materials, especially at the locations of proposed drains; determination
of liquefaction potential; and whether clay type foundation materials exhibit residual
strength properties and may have the potential to be dispersive.
The boring logs in the geotechnical report will include detailed written descriptions of each
sample and stratum encountered including observations of the drilling activity, drilling and
sampling methods and any other observations pertinent to developing a detailed understanding of
the subsurface conditions, such as sudden loss of drilling fluid.
Deliverables:
• Draft and Final. Geotechnical. Data Reports that will include information obtained from
the investigations, including test pit logs, test hole logs, a stratigraphic column, location
plans and profiles, and summary tables with borrow laboratory test results.
Task 4 Environmental Investigations/Permit Support
The following tasks are based upon the current understanding of the project and likely permitting
requirements. Although the suggested activities are based upon best professional practice and
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prior experience, the results of field work, the project's refined design and operations, and
agency discussions may alter the proposed work approaches.
The final authority for permitting decisions rests with individual agencies which have the
discretion to grant or not grant variances. Any agency contact or meetings with be pre -approved
by the City and that meetings and appropriate attendee lists will be coordinated with the City.
The District PM will be invited to all agency meetings.
Unless stated otherwise, deliverable drafts will be submitted electronically; three hard copies and
one electronic version each will be submitted for the final.
Task 4.1 Task Management
• It is estimated another three meetings with the City will occur to discuss general status
and permitting issues. For budgeting purposes, it is assumed that two of these meetings
will involve at least one more Permitting Team member.
• AECOM's Permitting Task Manager and individual task leaders will review the draft 30
percent design and provide internal feedback to the Design Team on potential constraints
and issues affecting permitting. The team will participate in an internal workshop.
The City Project Manager and the District Project Manager will coordinate on meeting
attendance.
Task 4.2 Assessment of Potential Habitat for Protected Species for Dam 101
• AECOM will research the Texas Parks and Wildlife Department (TPWD) web site to
identify threatened and endangered species present in the county and evaluate if any other
species other than those specified below require further evaluation.
• URS will participate in a meeting with the Williamson County Conservation Fund
(WCCF) to conium the study area. The meeting will be scheduled to allow attendance by
both the City and District PMs as applicable.
• For costing purposes, it is assumed that the Dam 101 Environmental Investigation Area
(attached figure, herein Environmental Investigation Area) will include the conceptual
Limits of Construction (LOC) and inundation area east of O'Connor per agreement with
the City.
• During the site visit, biologists will evaluate if any potential habitat for endangered
Golden-cheeked Warblers (GCWA) and Black -capped Vireo (BCVI), migratory birds
and/or freshwater mussels is present. This effort will allow the project to obtain necessary
information without missing regulatory windows for biological surveys.
o Potential habitat for GCWA and BCVI will be evaluated based on habitat
descriptions documented by TPWD (Campbell, 1995) as specified in the Section
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07-06-16
10 U.S. Fish and Wildlife Service (USFWS) Permit held by current AECOM
staff.
o Potential habitat for freshwater mussels will be evaluated based upon the
requirements of Texas Parks and Wildlife Department's (TPWD) state -protected
and U.S. Fish and Wildlife Service (USFWS) federal Candidate species
freshwater mussels.
o Karst invertebrates and Jollyville Plateau Salamanders (JPS) are excluded from
this scope. These studies will be performed by Cambrian Environmental, LLC
(Cambrian) under a separate contract with the City.
• AECOM will also identify migratory birds with potential habitat in the county so that
later construction plans can include compliance measures under the Migratory Bird
Treaty Act of 1917.
• Biologists will prepare a short letter report summarizing the results of the review
including maps of areas with potential habitat as well as the need for compliance with the
potential sand and marl regulations of TPWD.
• If potential habitat for federal -listed species or state -listed species is found during the
field visit, the letter report will clearly summarize regulatory requirements and state
restrictions for those species.
• If required, an absence and presence survey for BCVI and GCWA within the
Environmental Investigation Area will be conducted.
• Should a habitat assessment implemented during the initial site visit warrant conducting
presence/absence surveys for endangered GCWA, URS will conduct presence/absence
surveys in accordance with the USFWS Section 10(a)(1)(A) Scientific Permit
Requirements for Conducting Presence/Absence Surveys and Habitat Assessments for
Endangered Golden -checked Warblers (January 13, 2010) and related requirements.
Reports would be prepared in compliance with GCWA reporting for 10(a)(1)(A)
Scientific Research and Recovery Permits (January 26, 2011). Constraint mapping will
be provided to the Engineering Team.
o GCWA surveys must be conducted between March 15 and June 1 with 60 percent
of the surveys conducted prior to May 15.
• Should a habitat assessment conducted during the initial site visit warrant also conducting
presence/absence surveys for endangered BCVI, URS will conduct presence/absence
surveys in accordance with the Section 10(a)(1)(A) Scientific Research and Recovery
Permit. Reports will be prepared summarizing data and constraint maps will be prepared.
o BCVI surveys must be conducted between April 10 and July 1. A minimum of 50
percent of the surveys must take place between April ldh and May 31.
30% Design B-14
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Deliverables:
• Meeting minutes for WCCF meeting.
• Brief letter reports summarizing the results of the research (draft submitted electronically
and 6 hard copies each will be submitted for the final).
• If necessary, brief letter reports of BCVI and GCWA absence and presence surveys.
Assumptions:
• The Environmental Investigation Area will not exceed approximately 178 acres as shown
in the attached investigation figure. This includes approximately 22 acres for the
conceptual dam footprint. The remaining investigation area includes approximately 1.56
acres of inundation area and haul roads with buffer, which may potentially be affected by
construction activities. The study area will not extend west of O'Connor per agreement
with the City for basic tasks.
• Reports and GIS data prepared by Cambrian will be provided to AECOM for design
purposes. AECOM will review deliverables but will not verify data provided by
Cambrian. It is assumed that reviews will require no more time than estimated and that
up to four coordination meetings with Cambrian will be required.
• Data from Cambrian will be provided in a timely manner to support this effort.
• All site access will be acquired and individual site visits coordinated under Task 1.2.
• Two staff members will conduct the field investigation for potential habitat over three
business days.
• Both the BCVI and GCWA surveys will require a sub -meter accuracy GPS and assumes
6 surveys by a 2 -person team (5 planned visits with 1 contingency visit if a survey is
abandoned due to weather conditions) for each species. It is assumed that the site can be
surveyed within a 2 -day period for each site visit.
• Absence and presence surveys have specific regulatory windows for field work. The
potential habitat assessment will be completed in advance of that window, and ROE will
be secured prior to these windows.
• Conversations with regulatory agencies may alter the Environmental Investigation Area.
Changes in the Environmental Investigation Area may require a supplemental
amendment.
• The BCVI and GCWA absence and presence survey summary report will be a short
summary of work with a tabular summary of data and figures.
Task 4.3 Water Resources Evaluation
AECOM will prepare a delineation of potentially jurisdictional waters of the U.S.
(WOTUS including wetlands in compliance with the U.S. Army Corps of Engineers'
(USACE) 1987 Wetlands Delineation Manacal and the USACE's Great Plains Regional
Supplement. This will be supplemented by the prior delineation for the conceptual dam
footprint. AECOM will document the functional conditions of streams in compliance
with the Texas Rapid Assessment Method (TXRAM) Module. The potential
jurisdictional boundaries of WOTUS will be delineated by a sub -meter GPS unit and
documented on the required forms.
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• A draft Water Resources Evaluation Report, including potentially jurisdictional waters,
will be prepared.
o To expedite schedule, the draft and final report will be prepared without
calculation of impacts which would then be updated once the 30 percent design is
available.
• Following approval of the final Water Resources Evaluation by the City, AECOM will
prepare the Preliminary Jurisdictional Determination (PJD) Form, and, following the
City's acceptance, submitted to Regulatory Division of the Fort Worth USACE (herein
Fort Worth Regulatory USACE.
• Following completion of 30 percent design, URS will prepare a brief memo summarizing
impact calculations of temporary and permanent impacts to potentially jurisdictional
waters.
Deliverables:
Water Resources Evaluation Report (draft submitted electronically and six hard copies
each will be submitted for the final).
PJD Form and associated background information (draft submitted electronically and the
final submitted as two hard copies [one to the Fort Worth Regulatory USACE and one to
the City] and electronic discs to the Fort Worth Regulatory USACE and City.
Brief memorandum summarizing impact calculations for the 30 percent design.
Assumptions:
• The report will leverage prior investigations.
• All site access will be acquired and individual site visits coordinated under Task 1.2.
• Delineations will be conducted within the Environmental Investigation Area. AECOM
will visually observe areas immediately downstream and upstream of waterbody
crossings. Changes in the conceptual design or Environmental Investigation Area may
require a supplemental agreement.
• A two -person team will require up to five days for the field delineation.
• A. bullet list and graphics summarizing the alternatives analysis for the project will be
prepared with input from the engineering team to support discussions with the Fort Worth
Regulatory USACE for compliance with Section 404(b)(1). This is intended to be an
internal team document.
• The impact calculations for the draft report will be based upon the draft 30 percent
design.
• Research on potential compensatory mitigation options, in preparation for the USACE
meeting, will be limited to a review of Regulatory In Lieu Fee and Bank Information
Tracking System (RIBITS). Design of compensatory mitigation is excluded from this
task.
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Task 4.4 Cultural Resources Background Review
This task consists of conducting a cultural resources background review of the Area of Potential
Effect (APE) that is defined by the Texas Historical Commission (THC)/Texas State Historic
Preservation Officer (SHPO). Cultural resources include structures, buildings, archeological
sites, cemeteries, and objects that are 45 years of age or older from the anticipated letting data for
construction.
• For project undertakings associated with federal public funds or permits, or on lands
owned or controlled by the State of Texas or its political subdivisions, compliance with
the National Historic Preservation Act (NHPA) of 1966 and/or the Antiquities Code of
Texas involves consultation with the THC/SHPO.
• The purpose of this consultation is to assess the project's effects on any significant
cultural resources that may be present, and to determine any necessary mitigation
measures.
The background review will include natural and cultural aspects of the study area and
surrounding region, as well as a summary of the prehistoric and historic cultural history.
The Texas Archeological Sites Atlas (TASA) and Texas Historic Sites Atlas (THSA) will
be queried in order to identify all previously recorded archaeological sites, historic
properties, cemeteries, previous investigations, and otherwise archaeologically -sensitive
areas within the APE.
• The background review will examine the natural conditions that can affect the
preservation and integrity potential of archaeological sites, including previous
disturbances, geologic setting, and soil types.
• The archeological background research will also evaluate portions of the study areas
(defined below) that may be more likely to have archeological resources based upon soil
types and geology.
• A brief letter report of the background research will be prepared for coordination with the
THC.
• One in-person meeting with the THC will be conducted to clarify the APE/study area
boundaries or unresolved issues related to the methodology for any cultural resources
surveys that may be required as a result of the background review.
• Following the THC meeting and completion of the 30 percent design, AECOM will
prepare a draft and final Texas Antiquities Permit. The permit will allow a survey under a
future task order.
Deliverables:
• Brief letter reports (archeology and historic -age resources) summarizing the results of the
research (draft submitted electronically and 4 hard copies of each final report [2 to the
City, one to the District, and one to THC]).
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• Draft and final Texas Antiquities Permit.
• Summaries of communications with THC/SHPO in meeting minutes or email.
Assumptions:
• A majority of prior research for the WCID dams in the vicinity of this project can be used
to prepare this report.
• The archeological APE will be determined in consultation with THC following
completion of Task 2.3. The inundation area has been limited per conversations with the
City. For costing purposes, this level of effort is based upon the Environmental
Investigation Area. A change in the proposed APE may require reevaluation of the SOW
and Cost Estimate.
• The APE for historic -age structures will be determined in consultation with THC
following completion of Task 2.3. For costing purposes, the approach is the same as the
archeological background research. A change in the proposed APE may require
reevaluation of the SOW and Cost Estimate.
• Any meetings or phone conversations with THC will be scheduled to allow the City and
District Project Managers to attend.
• Any required Texas Antiquities Permit or other consultation with SHPO/THC is not
included in this SOW and Cost Estimate.
• No cultural resources field surveys are included in this proposal. Further studies,
including archeological and historical surveys, may be necessary prior to submittal of the
USACE application and would be a part of a separate work authorization.
Task 4.5 Permitting Strategy
Following the pre -application meetings with key agencies, field investigations identified in this
scope, and completion of the 30 Percent Design, AECOM will prepare a Permitting Strategy
including schedule and summary of data needs for pre-bid permits in a tabular format. The Final
Permitting Strategy, with Schedule, will be prepared following receipt of City's comments.
• The strategy will identify the anticipated major permits, typical submittal content, and an
overview of the approval process.
• The resulting Final Permitting Schedule will be integrated into the project master
schedule.
• This will be incorporate as an appendix to the Preliminary Design Report (PDR) (Task
5.7 below).
Deliverables:
• Draft and Final Permitting Strategy — within Draft and Final PDR.
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Assumptions:
• Detailed impact calculations will not be included in the Permitting Strategy. General
statements regarding the eligibility of the project, based upon the 30 percent design, for a
specific type of USACE permit will be provided.
• The schedule will be conceptual in nature and based upon typical permitting durations
rather than optimistic or pessimistic scenarios.
• USACE requirements for Nationwide Permits (NWP) will be updated in March 2017. It
is anticipated that during the 30 percent design effort that the project's eligibility for the
NWP will be determined.
Task 5 30 Percent Design
Hydrologic, hydraulic, geotechnical, and other analyses will be completed to support the design
of the embankment dam, outlet works, and spillway. The design will be described in the design
report and shown on the design drawings.
Task 5.1 Project Design Criteria
Working with the City, AECOM will develop the design criteria that will describe the major
design features and will be used as a basis for the 30 percent design. The criteria will include
selection of applicable design codes and standards for the hydrologic, hydraulic, structural and
geotechnical design commensurate with the 30 percent design being developed. The design
criteria will be included in the draft design report. The design criteria is intended to be a live
document that can be updated as required throughout the design process.
Deliverables:
• Draft design criteria, provided early in the project.
• City and District comments will be incorporated in the draft that is included in the
Preliminary Design Report (PDR) of Task 5.7 below.
Task 5.2 H&H Refinement with Selected AS Location
Once the AS is sited per Task 2.3, refinements to the H&H models will be made. These
refinements will include:
Task 5.2.1 Adjusting the HEC -HMS model to address the effect of the AS backwater on
the capacity of the Dam 9 spillway. Per the current concept, the peak stage in the Dam
101 pond is slightly above the existing AS crest elevation of Dam 9. During the dam
safety flood, there will likely be a brief period when the pond for Dam 101 is near its
peak when flow out of the Dam 9 AS will be restricted. The effect of this condition on
flows into the Dam 101 pond, and on peak elevation within the Dam 9 pond during the
dam safety flood will be estimated.
• Task 5.2.2 Developing tailwater profile for the AS stilling basin and for the PS. A
tailwater profile for the AS stilling basin and for the PS will be derived using hydrologic
30% Design B-19
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model flows (which vary slightly based upon AS configuration), for two AS flow
scenarios (0.2%, State dam safety flood). These profiles will be used to adjust hydraulic
capacity curve for the PS if needed, and to refine design of the AS spillway stilling basin.
• Task 5.2.3. Document timing for draining for Dam 101 flood pool. The time to drain the
Dam 101 flood pool will be documented.
Task 5.2.4. Modeling to confirm project benefits, estimate easements required. A I%
AC run will be made to confirm project benefits, given adjustments associated with the
above. Project benefits will be identified per the task below:
o Comparison of post -project flood plains to Phase 2 Risk MAP floodplains
submitted to FEMA;
o Estimation of flow/inundation easements required; and
o Confirmation of achievement of project goals for downstream risk centers.
Deliverables:
• Draft and Final Technical Memo documenting the above tasks.
Task 5.3 Hydraulic Design
The hydraulic task includes further development of the design for the principal and auxiliary
spillway based on the preferred arrangement.
Specific work includes:
• Design and sizing of the principal spillway crest and chute/stilling basin and the auxiliary
spillway.
• Development of a spillway rating table based on published methods.
• Development of tailwater rating table and impact on operation of the principal and
auxiliary spillways.
• Update of previous wind and wave runup calculations (if required) to establish
embankment freeboard requirements based on TR -69 and State requirements.
• Riprap sizing calculations for embankment protection against erosion and wind and wave
runup based on TR -69. Alternative methods for embankment erosion protection will also
be considered if necessary but not designed as part of the 30 percent design.
Deliverables:
• Draft and final design report sections presenting the assumptions, methodologies, and
results for the hydraulic design of project elements.
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Task 5.4 Structural Design
The structural design task will include conceptual sizing and structural analysis of major project
features to enable preliminary quantity estimates for construction cost estimation purposes. This
will be undertaken by an experienced structural engineer.
Task 5.5 Geotechnical Analyses and Design
The following task includes embankment stability analysis for the required loading cases,
liquefaction analysis and design, and internal seepage analysis and design.
Geotechnical Analysis
The data gathered from the geotechnical investigations and existing data review will be used to
complete the preliminary geotechnical analysis consisting predominantly of seepage and stability
analyses. The maximum section at the 101 dam will be analyzed for the design in addition to
one section on Dam 9. Preliminary analysis will also be completed to evaluate liquefaction
potential of dam and foundation materials.
• The seepage analysis will be conducted to evaluate the phreatic condition within the dam
section under flood conditions. The results will also be used to evaluate the capacity and
design of the internal drainage system (if required) of the dam.
• Preliminary liquefaction potential will be evaluated for foundation materials using blow
count information from the field investigation and empirical correlations.
• The maximum dam section will be developed and analyzed for stability under the
relevant loading conditions.
• Preliminary evaluation of potential suitable material within the AWL Quarry.
Deliverables:
• Draft and final design report sections presenting the assumptions, methodologies, and
results for the geotechnical analyses with supporting calculations and computer output.
Task 5.6 30 Percent Design Drawings
30 percent design drawings will be developed for preparation of the construction documents. It
is anticipated that a maximum of 20 drawings will be prepared for the 30 percent design. The
drawings will be prepared in the latest version of AutoCAD in standard 22 -inch by 34 -inch size
paper. During the design, AECOM will perform quality control checks. The 30 percent design
will show the general layout of the major project features and preliminary easement layouts. The
impacts to the site will be defined but may not be final. The purpose of this submittal is to
communicate the design intent to the City and other stakeholders prior to final design. Attached
is a preliminary list of anticipated drawings for the 30 Percent Design.
Deliverables:
• 30 percent design drawings.
30% Design B-21
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Task 5.7 Draft Preliminary Design Report
AECOM will prepare a draft Preliminary Design Report (PDR) summarizing the investigations
undertaken. The report would be considered a progress report on the design developed to date
and will form the basis for final design and permitting actions. The report will include the
following:
• A description of the local and regional geological conditions, along with
recommendations for additional field investigations for final design, if required.
• Recommendations for hydraulic, structural, and geotechnical design criteria that will
govern the sizing of the features of the facilities and will be used for final design and
detailing of the project features.
• Summaries of the project data, site observations, and the design analyses performed.
• 30 percent design drawings.
• Discussions on construction cost and construction schedule.
• Recommendations on additional investigations required for final design.
• The estimate of probable construction cost will be considered a Class 4 estimate by the
Association for the Advancement of Cost Engineering (AACE). The construction cost
will be developed based on a bid schedule comprising of an estimate of quantities from
the 30 percent design drawings, unit pricing, lump sum items and contingencies and
allowances. Generally accepted industry criteria and engineering judgment will be used
to develop the construction cost. Unit pricing and lump sum items will be based on
AECOM's historical database, labor and material costs, previous dam construction
projects and on published data.. Appropriate contingencies and allowances will be
applied, based on the level of the design. The estimated construction will be provided in
2016 U.S. dollars, and it will be assumed that the work would be bid using an open,
competitive procurement process. A preliminary construction schedule will also be
developed.
Deliverables;
• Draft Design Report.
• Estimate of probable construction cost.
• Preliminary construction_ schedule.
• Comment responses from 30 Percent Design meeting.
Task 6 Owner Contingency
Specific work under this task will be authorized by the City. The following estimates are
approximate. The Owner Contingency tasks are described below.
Task 6.1 Contingency for Property Owner Coordination and Support
AECOM will provide services, including conference calls, general research, ad hoc graphic
production, support for landowner meetings, as desired by the City up to the hours identified in
this estimate.
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Task 6.2 Contingency for As -Needed Services
AECOM will provide supplemental services, including conference calls, ad hoc meetings,
general research, and graphic production, as desired by the City on an as -needed basis up to the
hours identified in this estimate. Potential uses may include ad-hoc meetings with City or other
organizations, City of Austin discussions, and will be by City request.
Task 6.3 Contingency for Comparison of Rattan and Lake Creek AS Discharge
Locations
A contingency line item is included for Task 2.2 in case the City or District wish to model two
additional scenarios, in which they may to simulate variations or combinations of the following:
• Proposed Dam 101/102 design alternatives,
• Existing quarries filled or modified,
• 0.4% AC (250 -year) flood, or
• Ultimate developed/Robinson developed landuse conditions.
Task 6.4 Contingency Labor for Site Restoration
Additional Owner contingency is provided to account for the potential for additional required
labor for site restoration efforts in Task 3.2.2, as desired by the City up to the hours identified in
this estimate.
Task 6.5 Contingency for Assessment of Potential Habitat for Inundation Area West of
O'Connor
Under a separate authorization, AECOM will complete the same scope as potential habitat
assessment portion of Subtask 4.2 but instead for the Environmental Investigation Area west of
O'Connor.
Deliverables:
• Draft and Final Potential Habitat Reports.
Assumptions:
The Environmental Investigation Area west of O'Connor is 38.70 acres.
Field work can be completed on the site within 2 days using a 2 -person crew.
If authorized with sufficient notice, the two deliverables (basic and contingency scope)
will be combined into one document.
30% Design B-23
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Task 6.6 Contingency for GCWA Absence and Presence for the Inundation Area West
of O'Connor
Under a separate authorization, AECOM will complete the same scope as the GCWA absence
and presence portion of Subtask 4.2 but instead for the Environmental Investigation Area west of
O'Connor.
Deliverables:
• Draft and final GCWA Report.
Assumptions:
• If authorized with sufficient notice, the two deliverables (basic and contingency scope)
will be combined into one document.
• Individual survey visits can be accomplished for this portion of the site in one day or less
using a two -person crew.
Task 6.7 Contingency for BCVI Absence and Presence for the Inundation Area West of
O'Connor
Under a separate authorization, AECOM will complete the same scope as the BCVI absence and
presence portion of Subtask 4.2 but instead for the Environmental Investigation Area west of
O'Connor.
Deliverables:
• Draft and Final BCVI Reports.
Assumptions:
• If authorized with sufficient notice, the two deliverables (basic and contingency scope)
will be combined into one document.
• Individual survey visits can be accomplished for this portion of the site in one day or less
using a two -person crew.
Task 6.8 Contingency for Water Resources Evaluation for Inundation Area West of
O'Connor
Under a separate authorization, AECOM will complete the same scope as Subtask 4.3 but instead
for the Environmental Investigation Area west of O'Connor.
Deliverables:
• Draft and Final Water Resources Evaluation Reports.
30% Design B-24
07-06-16
Assumptions:
• If authorized with sufficient notice, the two deliverables (basic and contingency scope)
will be combined into one document.
• Field work for delineation can be accomplished for this portion of the site in three days or
less using a two ---person crew.
Task 6.9 Contingency for Cultural Resources Background Review for Inundation Area
West of O'Connor
Under a separate authorization, AECOM will complete the same scope as Subtask 4.4 but instead
for the Environmental Investigation Area west of O'Connor.
Deliverables:
• Draft and final. Cultural Resources Background Review.
Assumptions:
• If authorized with sufficient notice, the two deliverables (basic and contingency scope)
will be combined into one document.
Task 6.10 Contingency for Potential Borrow Source other than Robinson Quarry
Material
With a "low impact" design, it is likely that material for construction of the dam will have to be
brought in from off site. Current assumptions are that borrow material may be acceptably
provided by Robinson quarry spoil. There is the potential that this material is either not available
in the quantities needed, or testing may prove that it is unsuitable for portions of the work.
If the quarry material is not available, then additional borrow source material is necessary. While
it is understood that an additional borrow source may not be readily available, or that the borrow
sources may change or be unavailable by the time construction begins, this contingent task is for
preliminary identification of additional borrow sources for purposes of design and costing of the
project. As a contingency, AECOM will perform a limited borrow study to identify the potential
for additional borrow sources and material types, up to the estimated amount in this task. This
investigation will consist of the following:
1. Identify nearby quarries and potential borrow sources via review of aerial imagery,
Google maps search and any other readily available resources.
2. Contact local agencies as to upcoming projects, borrow sources, or excess borrow
material from current or future projects.
3. It is assumed that a potential source(s) can be identified, that right of entry is readily
available, and that samples can be collected from that source and tested in accordance
with Task 3.2.3 as part of the field investigations.
30% Design B-25
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4. Preliminary costs and quantities of the potential borrow materials, haul costs and any
other associated costs will be estimated for use in the 30 percent design.
Deliverables:
• Draft and final desktop borrow study, to be provided with the Preliminary Design Report
3. KEY PERSONNEL
The AECOM ProjectManager for this work will be Mr. Darrell Jones, PE (Telephone: 512-419-
5897, E-mail: Darrell.Jones@AECOM.com). Mr. Jeff Irvin, PE will serve as the Project
Principal for this work (Telephone: 512-419-6523, E-mail: Jeff.Irvin@AECOM.com). We will
utilize other staff from our Austin and Denver offices as necessary to support the work and
conduct project management. Selected personnel for various design disciplines are presented in
Table 1.
TABLE 1
SUMMARY OF KEY DESIGN TEAM PERSONNEL
NAME
TITLE
HOME OFFICE
Jeff Irvin, PE (AECOM)
Project Principal
Austin
Darrell Jones, PE (AECOM)
Project Manager
Austin
Ed Toms, PE (AECOM)
Principal/Lead Dam Designer
Denver
Mike Lenherr, PE (AECOM)
Deputy Project Manager and Civil
Engineering Task Leader
Austin
Jennifer Williams (AECOM)
Sr. Dam Geotechnical Engineer
Denver
Casey Robertson, (AECOM)
Dam Hydraulics
Denver
Dale Baures (AECOM)
Senior Darn Geologist
Denver
Kristi Ainslie (AECOM)
Dam Geologist
Denver
Mike ZusilScott Jones (AECOM)
Dam Structural Engineer
Denver
Chris Wright, PE (AECOM)
Site H&H Task Leader
Austin
Lara Zuzak, AICP, PMP (AECOM)
Permitting Task Leader
Austin
4. GENERAL ASSUMPTIONS
This proposal is based in part on the following general assumptions:
• This proposal is based on AECOM' understanding of the project requirements, as
demonstrated by the proposal text and specific assumptions presented in this proposal.
AECOM will perform the work consistent with the approved SOW and AECOM's
assumptions contained in our proposal for the negotiated price.
30% Design B-26
07-06-16
• Per City discussions, this scope does not include meetings, engineering/environmental
investigations, or design components that would meet applicable City of Austin
development codes or related criteria (such as Drainage and Environmental Criteria
Manuals, among others); inclusion of these items of scope will require additional
services.
• The District is required to submit copies of all final reports and studies to the Robinson
Ranch. Copies will be made available for submittal by the District to the property owners
after accepted by the City. The City will provide environmental reports prepared by other
contractors to the District. For costing purposes, it is assumed that reports will not be
modified following acceptance by the City.
• City will pay for all fees, including permit fees, if applicable.
• The SOW does not include costs associated with engineering design of compensatory
mitigation for impacted WOTUS, CSFs, or other environmental or cultural resources. It
also does not address engineering design of conservation and recovery measures for
threatened/endangered species.
• Changes in scientific investigations or manuals by agencies following scoping may
require a modification of scope.
• Permit requirements are both site and activity specific, and the results of field work and
early agency coordination may modify work approaches and timelines for permitting.
Preparation of permit applications and additional agency coordination will require a work
authorization amendment.
• Car rental includes truck rental to make field work more efficient.
• Dye testing, groundwater modeling, and related services are excluded from this Scope of
Services.
• Preparation of documents to comply with the National Environmental Policy Act is
excluded from this scope of services.
• Contingency tasks will be authorized by the City with sufficient time to maintain the
project schedule.
• A CLOMR or LOMR or breach analysis will not be required for this phase of the project.
• Weather and property owner access has the potential to affect the field schedule, and
therefore overall schedule.
• The cost proposed is based on work conducted within the approximate schedule
identified.
• The cost estimates included in this proposal are valid for 3 months from the date of
submittal. If the proposal is accepted after said period, the AECOM reserves the right to
review and retain or modify the cost estimate stated herein to appropriately reflect
changing costs and salaries and similar economic considerations.
30% Design B-27
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Dam 101
Geotechnical and
Environmental
Investigation Areas
6/29/2016
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City of Round Rock
Contract for Engineering Services
EXHIBIT C
Dam 101 30% Design
Work Schedule
The attached schedule below provides approximate durations associated with the anticipated milestones.
The durations are approximate, and are dependent on field work, which may be subject to weather events
and property owner access conditions. As such, the durations may extend beyond that shown.
Award
Est 7/28/16 (City Council)
NTP / Executed contract 8/3/16
Task Approx. Duration
Approx. Start
Approx. End
1.
Project Management 12 mos.
8/4/16
8/30/17
2.
Auxiliary Spillway Siting 3 mos.
8/15/16
11/15/16
3.
Field Investigations 7 mos.
8/15/16
3/15/17
4.
Env. Invest/ Permit Support 12 mos.
8/25/16
8/30/17
5.
Preliminary/30% Design I 1 mos.
9/27/16
8/30/17
Page C-1 of 1
City of Round Rock
Contract for Engineering Services
EXHIBIT D
Fee Schedule
Dam 101 30% Design
AECOM proposes to perform the scope of work described above on a time and materials
basis in accordance with mutually -agreed to terms and conditions in a Contract between
AECOM Technical Services, Inc. and City of Round Rock. The estimated cost for this work
is presented in the table below.
Task
Task Description
Estimated
Cost
% of
Project
1
Project Management, Landowner Coord., Meetings
$119,799
14.5%
2
Auxiliary Spillway Siting and General Arrangement
$43,050
5.2%
3
Field Investigations
$100,624
12.2%
4
Environmental Investigations/ Permit Support
$131,858
16.0%
5
30% Design
$245,243
29.8%
Total Subcontracting (including 5% markup)
$154,350
18.7%
Total Reimbursable Expenses(including 5% markup)
$29,039
3.5%
Project Total without Contingency
$823,963
100%
6
Owner Contingency
$99,595
Project Total with Contingency: 1
$923,558
• See attached Rate Schedule
Exhibit D
Rate Schedule
Hourly rates to be billed on a time and materials basis per the following rates:
Category
Category
2016 Rates
Staff Members
Project Principal/ PM
181
J. Irvin, D. Jones
Principal Dam Design Lead
231
E. Toms
Sr. Dam Structural Engineer
200
M. Zusi; S. Jones
Sr. Dam Geotechnical Engineer
187
J. Williams, C Young
Sr. CFD Modeler
185
F. Lan
Sr. Dam Hydraulics
197
G. Glunz
Sr. Dam Geologist
146
D. Baures
Sr. Dam Env. QA/QC
181
A. Parker, M. Jensen
Sr. Dam Construction Cost Estimator
160
R. Watts
Sr. Dam Engineer / Dam Hydraulics
145
C. Robertson
Sr. Dam Designer/Project Engineer
135
TBD
Dam Geotechical Engineer
105
B. Ananth
Dam Geologist
105
K.Ainslee
Dam Structural Engineer
111
TBD
Dam Design Engineer
91
C Shrim ton
Dam Specifications
123
B. Snyder
PM/ Task Leader
151
M. Lenherr, L. Zuzak, M Wedo
PM/ Senior Engineer
113
C.Wright, L Finnefrock
Project Engineer (PE)
91
C. Kimball, V. Benavides
Staff Engineer
78
M. Polter, C. Burkett, D. Johnson, J.
Baker
Sr. Designer
110
S Santos -Colon
Principal GIS
125
K. Teykl
Senior GIS
101
J. Wade
GIS Analyst
79
J. Presas, A. Branch
Cultural Resources Lead
140
S. Ahr
Sr. Cultural Resources Investigator
109
T. McDougald
Cultural Resources Investigator
99
S Hartsfield
Cultural Resources Specialist
80
V. Weddell
H dro eolo ist
124
B Schafer
Sr. Environmental Scientist
100
J. King, R. Ingram, N Durish
Environmental Scientist
88
J. Orr, J. Stewart,
Clerical/ Pro' Administrator
80
P. Sanders, P.Bradle
Contract Adminstrator
105
S.Young
Sub Contract Admin
90
P. Ruiz
Rates may be amended once between Jan. 1, 2017 and Dec. 31, 2017, not to exceed
a 3% increase.
City of Round Rock
Contract for Engineering Services
Exhibit E
Certificates of Insurance
(Attached)
Dam 10130% Design
A4C" CERTIFICATE OF LIABILITY INSURANCE ( Doa►2�osD�Yi
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER C01ITAC T
nnt,Ir
Marsh Risk & Insurance Services
FAX '
CA License 40437153 Chis, N t, t1 _... OA:.11
777 South Figueroa Street t MAIL
Los Angeles, CA 90017
Altn: LosAngeles.Cei(Reques[@Marsh,Com IfJSt)RER(S}AFFORDING COVERAGE NAiC n
06510-'ECOM--16.17 Austin PL 04 20IG iNSIIRFRA: NIA NIA
INSURED INSURERB NIA NIA
AECOM _ �.__.._
AECOM Technical Services, Inc. INSURER c Illinois Union Insurance Co 27960
0400 Ambetgten Blvd. INSURER D
Auslin, TX 78729
INSURER E
INSURER F : I I
rnvcDAP__Gc raDTIGII ATF MIIMRFR• LOS-0020DO038.01 RFVI.910N NUMRFR
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INStt ADDI StINR -___---•<-.-_ -.-- POLICY EFF POLICY EXP MMLIMITS
,LTR TYPE OF INSURANCE POLICY NUMBER t IDO.NMI IMMIDDfYYYY
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCES
V
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nnh�GE fi0 fiLN rED' _. _
f'i?$ESfFao uurmc�
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CLAIMS -MADE OCCUR
MED EXP (Anyone person)
S
PERSONAL & ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S
POLICY a PRO- .CECT F] LOC
PRODUCTS _COMPIOP AGG
$
_
.,. _
$
11
OTIIFR:
—
AUTOMOBILE LIABILITY
_
_ µ
COMBINED SINGLE LIMIT
EAMiideotl
S
BODILY INJURY (Per person)
_
S
ANY AUTO
BODILY INJURY (Per accident)
5
_ _
ALL OWNED J SCHEDULED
AUTOS AUTOS
NON -OWNED
OPERTY DAMAGE -
S
HIRED AUTOS AUTOS
UMBRELLA UAB H OCCUR
EACH OCCURRENCE
$
EXCESS UAB CLAIMS -MADE
AGGREGATE
S
DED RETENTIONS
S
WORKERS COMPENSATION
PER 0TH'
STATE
AND EMPLOYERS'LIABILITY YIN
_ --ff _..__._
ANY PROPRIETORIPARTNERIEXECUTNEE,L.
EACH ACCIDENT
S
OFFICEM4EMBEREXCLUDED? ��
NIA
----
(Mandatory In NH)
E.L DISEASE -EA EMPLOYEE
_....
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If as describe under
0 S6RI TION OF OPERATIONS below
EL, DISEASE • POLICY LIMIT
S
C
ARCHITECTS & ENG.
EON G21654693
0410112016
04/0112017
Per Claim/Agg $1,000,000
PROFESSIONAL LIAB.
—CLAIMS MADE"
Defense Included
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required)
Re: Contract for Engineering Services,
Evk!ence of insurance.
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
221 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Round Rock, TX 76664-5299 ACCORDANCE. WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh Risk & Insurance Services
James L Vogel
(019BB-ZU14 AGUKU GURPORA I IUN. All rlgnts reserVea.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-83791
Date Filed:
07/13/2016
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
AECOM Technical Services, Inc.
Austin, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock, Texas
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Dam 101 - 30% Design
Field investigations and preliminary engineering for proposed Dam 101
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty ofperjury, that the above disclosure is true and correct.
'-Sign ture of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said NJ; J i G k a e I f' j V f n U this the 1 3 day of �Io,
201 % , to certify which, witness my hand and seal of office.
II
der{ �e,4 0-�r V -,J PL, blic-
Signature of officer administering oath Printed name of officer administering oath Title of off er administering oath
00vrni � T
rl S5oon6, V LI P—
I-orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.U.1UZ1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-83791
Date Filed:
07/13/2016
Date Acknowledged:
07/19/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
AECOM Technical Services, Inc.
Austin, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock, Texas
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
Dam 101- 30% Design
Field investigations and preliminary engineering for proposed Dam 101
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.U.1UZ1