HomeMy WebLinkAboutC2024-173 - 9/10/2024 - Approved Docusign Envelope ID:4DB326DB-CB94-47EE-9D77-D28697FOABA4
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> PROFESSIONAL SERVICE AGREEMENT NO.5959
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Survey & Assessment of Beach Erosion
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THIS Survey & Assessment of Beach Erosion (Berm and Dune) Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Texas A&M University—Corpus Christi
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has agreed to provide professional services for a survey and
assessment of critical beach erosion (berm and dune) in order to preserve the footprint
of the elevated parks and water access for the community.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor shall provide Survey & Assessment of Beach Erosion Services
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
2. Term. This term of this Agreement is five months. The parties may mutually extend
the term of performance of this Agreement, as may be needed, provided, the
parties do so by written amendment executed by an authorized representative
of each party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$58,124.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of receipt of an
acceptable invoice. All pricing must be in accordance with Attachment A.
Invoices must be mailed to the following address, with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P. O. Box 9277
Corpus Christi, TX 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Liza Nino-Elizalde
Parks & Recreation Department
Professional Services Agreement-TAMUCC Survey&Assessment Page 1 of 5
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361-826-3026
LizaN@cctexas.com
5. Insurance; Bonds. Reserved for later use, if applicable pursuant to execution of
an amendment requiring the same.
6. Standard of Care. Contractor warrants that all Services shall be performed in
accordance with the standard of care used by similarly situated contractors
performing similar services under the same professional license, if a license is
applicable.
7. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
8. Independent Contractor.
(A) In performing this Agreement, both the City and Contractor shall act in an
individual capacity and not as agents, representatives, employees, employers,
partners, joint venturers, or associates of one another. Contractor shall perform all
professional services as an independent contractor and shall furnish such Services
in his own manner and method, and under no circumstance or condition shall an
employee, agent, or representative of either party be considered or construed to
be an employee, agent, or representative of the other party.
(B) As an independent contractor, no workers' compensation insurance will be
obtained nor provided by City covering the Contractor and employees of the
Contractor. The Contractor shall comply with any and all workers' compensation
laws pertaining to the Contractor and employees of the Contractor.
9. Subcontractors. The Contractor may not use subcontractors in connection with
the work to be performed under this Agreement.
10. Amendments. This Agreement may be amended or modified only in writing and
must be executed by an authorized representative of each party.
11. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
12. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
written request.
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13. Notice. Any notice required under this Agreement must be given by hand
delivery, fax, or certified mail, postage prepaid with return receipt requested, and
is deemed received on the day hand-delivered or faxed (with proof of
transmission) or on the third day after postmark if sent by certified mail. Notice
must be sent as follows:
IF TO CITY:
City of Corpus Christi
Parks & Recreation Department
Attn: Liza Nino- Elizalde, Contracts/Funds Administrator
400 Mann St., 2nd Floor, Suite 200
Corpus Christi, TX 78401
IF TO CONTRACTOR:
Texas A&M University - Corpus Christi
Attn: Deidre D. Williams, Coastal Research Scientist
6300 Ocean Drive, Unit 5799
Corpus Christi, TX 78412-5799
14. Indemnification. Reserved. Contractor is a Texas public university.
15. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator must give the Contractor written notice of the breach and set out a
reasonable opportunity to cure. If the Contractor has not cured within the cure
period, the City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
16. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
17. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
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Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
18. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding all attachments and exhibits);
B. its attachments; then,
C. its exhibits, if any.
19. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
20. Governing Law. This Agreement is subject to all federal, State, and local laws,
rules, and regulations. The applicable law for any legal disputes arising out of this
Agreement is the law of the State of Texas, and such forum and venue for such
disputes is the appropriate district or county court in and for Nueces County,
Texas.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements, and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
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CONTRACT paocuSigned by:
M2024-147
Signature- LIRA„Ras,oFna,F Authorized By
Kimberly Hawkenson
Printed Name: Council 9/10/2024
Initial
Director, Sponsored Research Administration
Title:
Date: 8/1/2024
CITY OF CORPUS CHRISTI TT
DocuSigned by: ATTL�.§Xg'ned by:
� Ct'-L L'� �
F7D548656E5B4EC... nrna� UII� �n
Josh Chronley Rebecca Huerta
Assistant Director, Finance - Procurement City Secretary
Date: 9/19/2024
APPROVED AS TO LEGAL FORM:
DocuSigned by:
'14 h ,&A a,, 9/18/2024
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work & Fee
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ATTACHMENT A: SCOPE OF WORK & FEE
Packery Channel Monitoring Program (POMP)
2024 Emergency Post-Alberto
Survey and Assessment of Beach (Berm and dune) Erosion
Statement of Work:
20 June 2024
Submitted to:
City of Corpus Christi
Parks and Recreation Department
Attn. Darren Gurley
Submitted by:
Deidre D.Williams
Deidre.Williamsgtamu cc.edu
The Conrad Blucher Institute for Surveying and Science
Texas A&M University-Corpus Christi
Introduction
As Tropical Storm Alberto developed and moved onshore in Mexico(18-20 June 2024), two high
pressure systems concentrated onshore flow resulting in strong winds, storm surge and inundation
along the Corpus Christi Gulf Beaches causing significant erosion. This proposal describes a
survey and assessment to determine the degree of erosion of the dunes and berm. The information
provided will support the City of Corpus Christi staff in management of the beach and dune system.
The survey and assessment along with supporting data-based informed decision making by City
Staff. In addition to documenting the erosion during Tropical Storm Alberto, the survey and
assessment also supports the City of Corpus Christi in meeting the following obligations:
1. Post-Hurricane Assessment: Documentation for application to FEMA reimbursement
process
2. Beach Nourishment Planning: NPI Seawall and future beaches in need, particularly
following storm impact
3. Management of Pedestrian Safe Beach: Including bollard placement and relocation
along North Padre Island(NPI) Seawall. (City Ordinance Ord. 028494 2010 and adherence
to TGLO Beach Management Plan Regulations (Open Beaches Act) and CEPRA
guidelines/agreements)
4. Adherence to TGLO guidelines: Related to nourishment of the beach fronting the NPI
Seawall Coastal Erosion Planning and Response Act (CEPRA) *(CEPRA Project 1113).
Plan for beach restoration must be submitted when beach width < 150 ft.
5. Management of Sand Redistribution: Redistribution of sand from the beach fillets
adjacent to the jetties to the eroding beach fronting the NPI Seawall pending amendment
of the City of Corpus Christi Beach Maintenance Permit (USACE permit SWG-2006-
00647-in progress)
6. Long-term Planning: supports long-term sustainable management of to maintain the
resiliency of coastal resources. This includes dialogs with USACE on securing additional
cyclic sand resources and coordination with Texas General Land Office, and local
committees .
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Primary Objective
This proposal outlines the post-storm (Tropical Storm Alberto) assessment of the beaches along
North Padre Island and Mustang Island, specifically 1) the beach fronting the NPI Seawall and
2)the beaches adjacent to Packery Channel on both Mustang and North Padre Island that are in
City of Corpus Christi jurisdictional boundaries and Packery Channel Project extents. These beach
segments are actively maintained and managed by the City of Corpus Christi and are considered
high use by pedestrians and vehicles. The assessment includes beach profile surveys, shoreline
position surveys and trend analysis that compares the proposed 2024 data to historic data. The
proposed survey does not include the beach segment north of Access Rd. 2.
Although this survey will document the damaged beach rather than the post-nourishment beach,
the survey will establish a new functional baseline that future surveys will be compared to
following the recent nourishment that restored the Design Width (200 ft) along the NPI Seawall.
There is not complete survey of the post-BUDM placement completed during Jan 2024.Therefore,
the assessment will be limited by that the available limited data set from the survey conducted by
the BUDM contractor following the Beneficial Use Dredge Material (BUDM) placement. The
post-placement survey only extended offshore to wade depth (< 5 ft depth) which did not
document the full extent of where sediment is transferred into the nearshore by waves and currents.
The post-storm survey will extend across the nearshore into deeper water(-18 to-30 ft(NAVD88))
to identify where eroding sand may be stored or transported out of the project area. Sediment
transport in these deeper waters is variable and is influenced by the nearby channel and jetties.
Assessment is critical for informed beach nourishment planning, beach maintenance operations,
as well as forward planning for long term resilience of Corpus Christi beaches that are so important
to the community and tourism.
This survey and assessment also directly supports 1) City of CC Beach Operations in the
management of the pedestrian safe beach, when warranted, fronting the North Padre Island (NPI)
Seawall and 2) the planned alongshore sand redistribution that will function as interim beach
nourishment material between dredge events, once permitted.
Background
The beaches adjacent to Packery Channel have been altered by the presence of the channel since
construction that was completed during 2006 and sediment transport has also been altered along
the NPI Seawall have been altered by the construction of the seawall during the late 1960's. The
beach adjacent to the channel jetties has over doubled in width, while the beach along the over
50% of the NPI Seawall continues to erode, only interrupted by periodic placement of BUDM
during Packery Channel dredge events. BUDM removed during maintenance dredge of Packery
Channel is the sole dedicated source of sand for renourishment of the beach fronting the NPI
Seawall to date.
BUDM Placement History and 2024 Status
The beach fronting the NPI Seawall has benefited from three BUDM placements 1) during the
construction and dredging of Packery Channel (2006) and 2)the first maintenance channel dredge
and BUDM placement that was conducted over two winters during 2012/2013, and 3) the second
maintenance dredge of Packery Channel (2024). There have been two dredge/nourishment
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projects conducted at Packery Channel since construction was completed in 2006. The first
maintenance dredge was completed over two winter seasons during 2012 and 2013. The second
maintenance dredge was completed over 10 years later, between Oct 2023 and Jan 2024. The
dredge/nourishment planning/implementation process was interrupted by a series of significant
issues and delays including, 1) expired USACE channel maintenance dredge/nourishment permit,
2) 3-year process to obtain new USACE channel maintenance dredge/nourishment permit,
3) structural damage by Hurricane Harvey, and 4) subsequent negotiation of Harvey damage
repairs with the USACE and FEMA (ongoing according to City Staff). During these delays the
beach continued to erode,resulting in a decrease in the beach width as well as functional area for
shared recreational use and drive lanes. Prior to the 2024 completion of the BUDMP placement,
the narrow beach along the seawall represented ongoing safety concerns for the shared use by both
pedestrians and vehicles,particularly fronting the Windward Parking Lot public facilities.
As the beach begins to erode following placement, the City of Corpus Christi is obligated to
monitor the change in the width of the beach fronting the NPI Seawall to determine when the width
is at or less than 150 ft or less. At that point City of Corpus Christi staff will placement bollards
to limit vehicle access to provide a pedestrian safe beach. In addition, the City of Corpus Christi
has an obligation to the TGLO to initiate plans to nourish the beach and restore the beach once a
beach segment is less than 150 ft, and to monitor the beach while bollards restrict vehicular access
(TGLO 2014). The goals are to maintain the beach between the minimum of 150 ft(Action Width)
and the optimal 200 ft design width.As of Feb 2024, 100 % of the beach fronting the NPI Seawall
was at or in excess of the Design Beach Width (200 ft).
Post-Alberto Emergency Analysis and Assessment of Beach Erosion Adjacent to Packery
Channel (Mustang Island and North Padre Island)
Task 1. Emergency Beach Survey and Assessment
A. Shoreline Position Survey
Frequency: (1 Survey) ASAP following forecasted storm development and dissipation of
Disturbance #2 (Atlantic 2-Day Graphical Tropical Weather Outlook(noaa.gov) accessed 20 Jun
2024) and other storms that may develop during the contract process.
Extent: Mustang Island/North Padre Island(Fish Pass to 0.5 mile south of Bob Hall Pier)
Purpose/Application:
1) Identify and Document storm damage impacting berm width during Tropical Storm Alberto
2) Calculate rate of shoreline recession during storm event.
3) Identify storm driven change in beach width that triggers
nourishment and management action and planning by City of CC Beach Operations staff.
4)Identify and document the limits of where the beach is< 150 ft wide to trigger and guide bollard
relocation along NPI Seawall (Pedestrian Safe Beach).
5) Document and define areas of focused erosion between profile transects to identify problem
Areas otherwise missed.
6) Document/define lateral limits of the fillets where the berm is> 250 ft wide
on the north and south side of the jetties in Sediment Removal Areas (SRAs). Supports
sand redistribution defined as removal and placement along the NPI Seawall as per USACE
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permit(pending).
7) Document and define hot spots of erosion requiring planning for restoration
8) Supports short and long-term beach management planning and ongoing maintenance as per the
Joint City/Nueces County Erosion Response Plan (2012) and City of Corpus Christi Adaptive
Beach and Dune Maintenance Plan 2015)
B. Beach Profile Survey
Frequency: (1 Survey) ASAP following forecasted storm development and dissipation of
Disturbance #2 (Atlantic 2-Day Graphical Tropical Weather Outlook(noaa.gov) accessed 20 Jun
2024) and other storms that may develop during the contract process
Extent (Study Area): Adjacent beaches along Mustang Island and North Padre Island from north
of Fish Pass to approximately 0.5 mile south of Bob Hall pier along previously occupied transects.
Purpose/Application:
1)Identify areas of erosion and deposition following Tropical Storm Alberto and potentially storm
identified as Disturbance 92 (beach maintenance and management planning).
2) Calculate rate of erosion and volume loss (limited by lack of complete post-BUDM placement
survey data.
3) Calculate sand volume estimated to restore beach elevation and design width (200 ft) (as
needed).
4) Can be applied by City of Corpus Christ staff for post-storm documentation for FEMA
reimbursement process or for alternate funding resources TBD (as needed)
5) Data and assessment supports City Beach Operations in beach management and planning.
6) Can be applied by City of Corpus Christi staff to long-term sand management strategies and
beach nourishment planning over the post-storm recovery period.
Supports: City of Corpus Christi in meeting obligations described in:
City Ordinance (Ord. 028494 § 10-772010), Environmental Impact Statement (EIS), DOA
Cooperative Agreement, TGLO (CEPRA), Joint City/Nueces County Erosion Response Plan
(2012), City of Corpus Christi Beach and Dune Management Plan
Performance Period and Schedule
The post-storm survey and assessment will be conducted once storm conditions stabilize and water
levels drop to allow full survey access. The survey may be differed until Disturbance 92 has
dissipated in order to document additional damage that may occur during that forecasted storm.
Deliverables:
• xyz data and shapefiles (ESRI .shp)files
• Summary report and email briefings
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Budget Next Page
Estimated Budget
Table 1. Estimated Budget 2024 Jun to 2024 Nov
Estimated
Tasks Cost
Task 1. Full Study Area Survey and Assessment(Beach Management/Maintenance)
a. Shoreline Position Survey (1) 7500
b. Beach Profile Survey and (1) 21,500
Analysis: 14,220
IDC: 14,904
Subtotal Task 1 58,124
Total Task 1: 58,124
References
DOA 2003. Project Cooperation Agreement for Construction of the North Padre Island Storm
Damage Reduction and Environmental Restoration Project,Department of the Army and
City of Corpus Christi, 26 pp. (Attached)
Environmental Impact Statement(EIS) 2003. North Padre Island Storm Damage Reduction and
Environmental Restoration Project,Nueces County Texas,Final Environmental Impact
Statement, 313 pp and Appendices.
City of Corpus Christi 2010. Ord. 028494 2010.
https://library.municode.com/tx/cgMus_christi/codes/code_of ordinances?n odeld=PTIII
THCOOR CHIOBEMACO ARTVIITR S I O-81POBECL
City of Corpus Christi, 2015. City of Corpus Christi Beach Adaptive Maintenance Plan 18 pp.
USACE 2006. SWG-2006-00647, Attachment D. Sand Management Plan, 14 pp.
(Attached)
City of Corpus Christi and Nueces County, 2012. A Joint Erosion Response Plan for Nueces
County and the City of Corpus Christi, partial funding NOAA and TGLO, 44 pp.
https://www.nuecesco.com/home/showpublisheddocument/3416/636791948703500000
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