HomeMy WebLinkAboutC2026-036 - 3/17/2026 - Approved M PROFESSIONAL SERVICES AGREEMENT NO. 7145
EFDC + Modeling of Corpus Christi Ba
y
THIS EFDC + Modeling of Corpus Christi Bay Professional Services Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Spheros Environmental Group Parent
Inc.("Consultant"), effective upon execution by the City Manager or the City
Manager's designee ("City Manager").
WHEREAS, the Consultant has agreed to provide consulting services for the EFDC
+ Modeling of Corpus Christi Bay.
NOW, THEREFORE, City and Consultant agree as follows:
1. Scope. Consultant shall provide a modeling effort to simulate operations of the
facility and assess the fate and transport of the desalination brine discharge
throughout the Corpus Christi Bay System("Services") in accordance with the
attached Scope of Work and Fees, 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 Agreement is for a term beginning March 17, 2026, and ending June
30, 2026. The parties may mutually extend the term of this Agreement, if needed,
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$298,210.00. Reimbursement of travel expenses is subject to the City's travel
policy, a copy of which can be made available upon request. Payment will be
made for Services completed and accepted by the City within 30 days of
acceptance, subject to 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:
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 1 of 7
Nicholas Winkelmann
Corpus Christi Water
361-826-1796
nickw@corpuschristitx.gov
5. Insurance; License.
(A) If required, before performance can begin under this Agreement, the
Consultant must deliver a certificate of insurance ("COI"), as proof of the required
insurance coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment B, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) Prior to beginning work, Consultant must provide evidence of any valid
professional license necessary for the performance of the Services and work to be
completed under this Agreement.
6. Standard of Care. Consultant warrants that all Services will be performed in
accordance with the standard of care used by similarly situated consultants
performing similar services under the same type or kind of professional license.
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 Consultant shall act in an
individual capacity and not as agents, representatives, employees, employers,
partners, joint venturers, or associates of one another. Consultant shall perform all
professional services as an independent contractor and shall furnish such Services
in his/her/their 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.
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 2 of 7
(B) As an independent contractor, no workers' compensation insurance shall be
obtained by City covering the Consultant and employees of the Consultant. The
Consultant shall comply with any and all applicable workers' compensation laws
pertaining to the Consultant and employees of the Consultant.
9. Subcontractors. Subcontractors. In performing the Services, Consultant may use
subcontractors in connection with the Services and work performed under this
Agreement. When using subcontractors, however, the Consultant must obtain
prior written approval from the Contract Administrator. Notwithstanding the
foregoing, Consultant has been approved to utilize subcontractors to provide the
Services whenever deemed necessary by the Consultant. In using
subcontractors, the Consultant is responsible for all of their/its subcontractors' acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Consultant. All requirements set forth as part of this Agreement,
with the exception of providing COls to the City for Consultant's subcontractors in
the event a subcontractor does not separately maintain any type(s) or kind(s) of
insurance coverages, are applicable to all subcontractors and their employees
to the same extent as if the Consultant and its employees had performed the
Services and work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
10. Amendments. This Agreement may be amended or modified only in writing
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. Reserved
13. Notice. Any notice required to be provided under this Agreement must be given
by fax, hand delivery, or certified mail, postage prepaid, and is deemed received
on the day faxed or hand-delivered 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
Corpus Christi Water
Attn: Nicholas Winkelmann, Chief Operations Officer of Water Utilities
2726 Holly Rd., Bldg. 8B
Corpus Christi, TX 78415
IF TO CONTRACTOR:
Spheros Environmental Group Parent Inc.
Attn: Pradeep Mugunthan, Regional Director
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 3 of 7
600 Round Rock W. Drive
Round Rock, TX 78681
14. CONSULTANT SHALL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL REASONABLE EXPENSES
OF LITIGATION, COURT COSTS, ATTORNEYS' FEES, AND EXPERT WITNESS
FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN
CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT BY THE CONSULTANT OR WHICH
RESULTS FROM THE NEGLIGENT ACT, OMISSION, OR FAULT OF THE
CONSULTANT OR ITS EMPLOYEES OR AGENTS. CONSULTANT MUST, AT ITS
OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED
THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND
PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND
EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE
INDEMNIFICATION OBLIGATIONS OF CONSULTANT UNDER THIS SECTION
SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
15. Termination.
(A) The City Manager may terminate this Agreement for Consultant's failure to
perform the Services and 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 Consultant written notice of the breach and set out a
reasonable opportunity to cure. If the Consultant 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 Consultant. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Consultant for failure to pay or provide proof of payment of taxes as set out in this
Agreement, if payment is a requirement of this Agreement.
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 4 of 7
16. Assignment. No assignment of this Agreement by the Consultant, 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
Consultant 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
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. Consultant 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. Consultant agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such forum for
any disputes is the appropriate district or county court in Nueces County, Texas.
In accordance with Chapter 2271 , Texas Government Code, Consultant verifies
that the Consultant does not boycott Israel and will not boycott Israel during the
term of this Agreement. In accordance with Chapter 2274, Texas Government
Code, Consultant verifies that the Consultant does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association and will not discriminate during the term of the Agreement against a
firearm entity or fire trade association. In accordance with Chapter 2276, Texas
Government Code, Consultant verifies that the Consultant does not boycott
energy companies and will not boycott energy companies during the term of this
Agreement.
22. Confidential Information. Consultant, for itself and its officers, agents, and
employees, agrees that it shall treat all information provided to it by City ("City
Information") as confidential and shall not disclose any such information to a third
party without the prior written approval of City.
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 5 of 7
23. 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)
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 6 of 7
CONTRACTOR
Pra d 2±L m y4wr tAA4,t
S I natU re. Pradeep Mugu nth n(Mar 24,2 616:50:09 CDT)
Printed Name: Pradeep MUgunthan
Title: Regional Director
Date: 03/24/2026
CITY OF CORPUS CHRISTI
03/26/2026
Sergio illasana(Mar 26,2026 08:05:25 CDT)
Sergio Villasana Date
Director, Finance & Procurement M2026-023 �,u hcri:.ed S-
Reviewed by: 3/17/2026
aa�ton swrth 03/24/2026 ' "" i`
Clayton mith(Mar 24,2026 1(3:24:13 CDT) Rl[ s
Contracts Manager Date rl U
Approved as to form:
Elizabeth }+undley 03/24/2026 ATTEST:
Elizabeth Hundley(Mar 24,2026 17:36:43 CDT)
Assistant City Attorney Datep
Stephanie Box(Mar 26,2026 09:13:47 CDT)
Rebecca Huerta
Attached and Incorporated by Reference: city Secretary
Attachment A: Scope of Work and Fees
Attachment B: Insurance Requirements
Professional Services Agreement-Spheros Environmental Group Parent Inc. Page 7 of 7
S ATTACHMENT A: SCOPE OF WORK AND FEES SPHER
ENVIRONMENTAL
PROPOSAL — EFDC+ Modeling of Corpus Christi Bay
March 9, 2026
To: Nick Winklemann, COO
Corpus Christi Water
From: Jordan Furnans, PhD, PE, PG
Spheros Environmental
CC: Tim Osting, PE
Hazen-Sawyer
Paul Craig, PE
DSI, Inc.
To immediately address concerns regarding the proposed Inner Harbor desalination facility, we
propose a modeling effort to simulate operations of the facility and assess the fate and transport of
the desalination brine discharge throughout the Corpus Christi Bay System. We propose to utilize the
EFDC+ model developed for the Port of Corpus Christi in 2023 as the baseline model, and to
implement model improvements to better simulate the hydrodynamics of the Inner Harbor area. The
proposed modifications listed below were all discussed at the two public meetings of the Far Field
Modeling Advisory Committee as viewed via YouTube. The modifications will include:
Modification #1. Increasing the model grid resolution (vertical and horizontal)
throughout the Inner Harbor
Modification #2. Creating the ability to dynamically force temperature and salinity
concentrations within the EFDC+ model, to create the ability to simulate a potential
"feedback" loop between the proposed Inner Harbor Intake and Discharge locations
Modification #3. Simulating the effects of large ship traffic/wake on brine mixing and
salinity distribution
Modification #4. Expanding the model time domain to include simulations of additional
time periods (other than 2010-2011), possibly to include the reported dry years of 2012-2014
subject to data availability.
The modeling work will commence immediately, and we will have results from modifications#1, #3,
and #4 prior to the April 28th, 2026 City of Christi City Council Meeting. It will not be possible to
implement modification #2 in this short timeframe, yet we will commence on that task and report to
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the council on the task progress at the April 28th meeting.We will also commence modeling the bay
system over the expanded time horizon available after completing Modification #4, yet may not have
simulation results available by the April 281h meeting.
We plan to utilize the EFDC+ model as it is readily available for use, it is capable of being run on
standard desktop PCs or laptops, and it has a graphical user interface that allows for easy displays of
model outputs. We anticipate using this graphical user interface to immediately address questions
raised by both the City Council and by members of the Far Field Advisory Committee. Using EFDC+ is
also recommended as our subcontractor DSI, Inc. has developed both the model source code and
the GUI, and they can work to efficiently implement coding changes needed to effectuate model
modification #2.
We anticipate completing all modifications and modeling tasks by June 30, 2026, yet also being able
to complete Modifications #1, #3, and #4 sufficiently by mid April in order to provide the City
Council and Far Field Advisory Committee with a detailed briefing at and prior-to the April 281h
Council meeting.
This modeling effort will be a collaboration between Spheros Environmental, Hazen-Sawyer, and DSI,
Inc. with Spheros Environmental serving as the prime contractor and coordinating all project efforts,
including being the main liaison between the modeling team, the City, and the Far Field Advisory
Committee. The proposed budgets for completing Modifications #1-#4 by June 30, 2026, completing
Modifications #1, #3, and #4 by mid April, and presenting modeling results to the City staff, City
Council, and Far Field Advisory Committee at the April 28, 2026 City Council meeting is provided on
the following page.
Jordan Furnans, PhD, PE, PG
Principal Engineer
Spheros Environmental.
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Project Budget — By Task
Tasks for Spheros Environmental:
Spheros Technical Activities:
• In-Person Meeting 3/12/2026 with City & Far Field Advisory Committee $3,600
• In-Person Meeting 3/17/2026 with City Council $3,000
• In-Person Meeting 4/28/2026— City Council $3,000
• In-Person Meeting June, 2026— City Council $3,000
• Weekly virtual meetings with City Staff and/or Far Field Advisory Committee
0 2 hrs per meeting (w/ prep time), 1x per week, 6 Weeks until 4/28 $3,600
0 1 hr per meeting, 8 weeks May-June 2026 $2,400
• Modification #1 — Increasing Grid Resolution $25,000
• Modification #3 —Simulating effects of large ship traffic $35,000
• Coordination with Hazen-Sawyer on Modification #4 (QA/QC) $5,000
• Coordination with DSI, Inc. on Modification #2 (QA/QC) $5,000
• Deliverable Preparation & Reporting $25,000
• EFDC+/EEMS Software Licenses (10 Bundled licenses for 3 Months) $7,500
Total Spheros Technical Activities Fee: $121,100
Project Management @ 10% of Spheros Technical Fee $12,110
Contract Management & subcontractor oversight— 10% of Subcontractor Fee
• Hazen-Sawyer @ $75,000 $7,500
• DSI, Inc @ $75,000 $7,500
Total Fee— Spheros $148,210
Total Fee— Hazen-Sawyer $75,000
• Modification #4— Expanding Data Inputs
o Input data gathering & QA/QC
o Model Testing
• Modeling QA/QC
• Reporting
Total Fee— DSI, Inc $75,000
• Modification #2— Dynamic Simulation Coding
o Code Development
o Model Testing
• Modeling QA/QC of Modification #2
• Reporting
Total project costs: $298,210
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Assumptions
In developing this scope and budget, Spheros has made the following assumptions:
1. Spheros will be under contract and receive the notice to proceed on or before 3/17/2026.
2. If execution of contract is not feasible within that timeline, then the City will back date the
contract to 3/11/2026 such that Spheros' preparation and participation in the 3/12/2026
meeting is covered by the contract terms. Any subsequent tasks associated with the
performance of the scope of work outlined herein will not occur until Spheros receives a fully
executed contract and a notice to proceed from the City. All timelines outlined in the scope
will be delayed proportional to the time of notice to proceed.
3. Spheros will be able to execute agreements with subcontractors (DSI, Inc. and Hazen and
Sawyer) within the timeframes in (1) and (2) above.
4. Spheros will be the primary point of contact for the City. Spheros will bring subconsultants as
necessary to various City and Far-Field Committee meetings.
5. Each in-person meeting with the City will be no longer than 4 hours. The City will reimburse
all travel and per-diem expenses at prevailing GSA rates.
6. The City will coordinate with the far-field advisory committee when organizing all in-person
and weekly meetings, and provide post-meeting follow up activities to the committee as
necessary. Spheros team will participate in these meetings, prepare and present any relevant
technical materials related to modeling, and provide any material it presents at the meeting
to City after the meetings. The City will prepare and distribute meeting summaries.
7. EFDC+ will be the modeling platform. EFDC+ and EEMS software licenses can be readily
obtained, and cost for the licenses will be borne by the City as part of this contract with
Spheros.
8. A new model of Corpus Christi Bay will not be necessary. The existing EFDC+ model of
Corpus Christi Bay developed by Port of Corpus Christi can be used for this application with
the modifications proposed in this scope.
9. Modeling will occur at Spheros' modeling workstations.
10. The increased grid resolution will not result in unreasonably large computer simulation times
that would preclude completion of modeling work within the proposed schedule.
11. For Modifications#1 and #2, no new boundary conditions or bathymetry data are needed
beyond those already compiled for Port of Corpus Christi's 2023 model.
12. For Modifications#3 and #4, data are readily available for developing the model inputs.
13. For Modifications#2 and #4, Spheros will conduct no more than 4 hour-long coordination
meetings with the corresponding subconsultant. Spheros will provide general oversight on
subcontractor activities. Subcontractors will complete the scope proposed herein within the
allocated budget and timelines.
14. Model will be validated to previously compiled data from the 2023 study conducted by
Spheros (then LRE Water) for the Port of Corpus Christi. Quality controlled water level,
salinity, and ADCP data will be provided by the City or can be downloaded from existing
publicly available sources as comma or tab-delimited ASCII text files with complete metadata
such that these files are readily readable by a commonly used scripting language such as
Python.
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15. Model calibration will be for 2023 and will be limited to minor adjustments to reflect the
updated grid resolution and comparisons to ADCP measurements where available. Extensive
grid refinements will not be necessary during calibration.
16. When extending the model for other years in Modification #4, a separate validation effort will
not be conducted by Spheros, will bepartially performed by Hazen-Sawyer.
17. Three modeling scenarios are envisioned: (a) a baseline scenario without effect of ship traffic
and without the proposed Inner Harbor desalination plant discharge; (b) the baseline
scenario with the proposed Inner Harbor desalination plant discharge, and (c) a scenario
including the Inner Harbo desalination plant discharge and the wake effect of large ship
traffic.
18. Brine discharge location simulated in the model is fixed. Mechanical effluent mixing options
such as diffusers will not be simulated.
19. Results presented for the April 281h City Council meeting will be preliminary, and may not be
for the full simulation period.
20. Model results presented will include comparisons to water velocities (if ADCP data are
available) and observed salinities (where readily available within Corpus Christi Bay). Model
scenario results will be presented as time series and vertical profiles of salinity in the vicinity
of the discharge, and map views of salinity at select snapshots in time within Corpus Christi
Bay.
21. Final deliverable will be the following:
a. A short draft technical report summarizing the model development, 2023 validation
and application by the end of June 2026, and a final report within 2 weeks of receipt
of comments from the City.
b. Final set of model input and output files for the results presented in the technical
report.
22. The City and Far-field Committee will provide one round of comments on the draft technical
report within 2 weeks of receipt of the draft report. Spheros will address the comments in a
final report. Extensive revisions will not be necessary in the preparation of the final report.
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ATTACHMENT B: INSURANCE REQUIREMENTS
The City's Legal Department has recommended there be no insurance requirements for this particular scope of
work, Trainers, Instructors, Interpreters, Prosecutors and Planning Consultants.
2025 Insurance Requirements
Ins. Req. Exhibit 3-F
Professional Services - Trainers, Instructors, Interpreters, Prosecutors and Planning Consultants
01/01/2025 Risk Management—Legal Dept.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2026-1435674
Spheros Environmental
Round Rock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/19/2026
being filed.
City of Corpus Christi Date Acknowledged:
3/25/2026
g 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.
26-0415
EFDC+ Modeling of Corpus Christi Bay
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
Jordan Furnans 6/24/1977
My name is and my date of birth is
My address is 600 Round Rock West Dr.#601 Round Rock TX 78665 USA
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Williamson County, State of Texas on the 19 day of March 2026
(month) (year)
Signature orized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab