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HomeMy WebLinkAboutC2009-121 - 3/24/2009 - ApprovedCONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and Coastal Bend Bays & Estuaries Program, Inc. (CBBEP), anon-profit corporation organized and existing under the laws of the State of Texas, hereinafter called "Consultant", agree to the following amendments to the Contract for Consultant Services for WHEREAS, the City, in order to satisfy its 2008 and 2009 financial commitment to the U.S. Army Corps of Engineers for the Nueces River Basin Feasibility Study, desires to undertake two projects with the assistance of the Coastal Bend Bays & Estuaries Program, Inc., to be conducted through the University of Texas Office of Sponsored Research being Nueces Delta Ecological Field Research by University of Texas Marine Science Institute, and Nueces Delta Hydrodynamic Transport Analysis and Modeling by University of Texas Center for Research in Water Resources, as set forth by Exhibit A, and; WHEREAS, CBBEP and City desire to set out a definitive understanding concerning the two projects to be conducted regarding the Nueces River Delta; and City and CBBEP acknowledge that the fees to be paid under this agreement are sufficient to begin, but not complete, both projects, and that additional funds to be paid by City to CBBEP, in order to satisfy City's 2010 financial commitment to U.S. Army Corps of Engineers, will be addressed in a future agreement between City and CBBEP at the appropriate time, and; WHEREAS, CBBEP has acquired more than 5,400 acres of wetlands and associated wildlife habitat in the Nueces River Delta for protection and restoration, and; WHEREAS, CBBEP and City have received proposals submitted by the University of Texas -Marine Science Institute and University of Texas Center for Research in Water Resources as attached in Exhibit "A" and Exhibit "B", and; WHEREAS, CBBEP and City desire to set out a definitive understanding concerning the two projects to be conducted in regarding the Nueces River Delta: NOW THEREFORE, for and in consideration of the fees set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, CBBEP and City, intending to be and being legally bound, do hereby agree as follows: 1. FEES. The sum Three Hundred Twenty-Four Thousand Seven Hundred Twenty Dollars and Zero Cents ($324,720.00) is the total fee to be paid by City to CBBEP as full consideration of City's obligation for Phase 1 of the project term under the terms of the Agreement. It is understood that Phase 2 Services will be authorized in writing as a future amendment to this contract. The fee for Phase 2 Services will not exceed the City's obligation to the U.S. Army Corps of Engineers for the Nueces River Basin Feasibility Study. SUMMARY OF FEES: Basic Services: Phase 1 Authorized Phase 2 Anticipated Fee Not Authorized CBBEP Administration 29,500.00 $14,150.00 Subtotal Basic Services $29,500.00 $14,150.00 Additional Services: 2009-121 03/24/09 M2009-070 ~oastal Bend Bays & Estuaries Page 1 of 3 University of Texas Office of S onsored Research 295,220 141,571 Subtotal Additional Services $295,220 $141,571 Summa of Fees Basic Services Fees 29,500 $14,150 Additional Services Fees 295,220 $141,571 Total of Fees $324,720 $155,721 The City will pay the Consultant a fee, as described in Exhibit "B", for providing services authorized. Exhibit "B" "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed. The fees for services will not exceed those identified and will be full and total compensation for all services provided, and for all expenses incurred in performing these services. The calculation of services complete will be based on invoices received by CBBEP from the University of Texas, Office of Sponsored Research. Invoices will not be submitted more often than once every thirty (30) days and be accompanied by the monthly invoices received from the University of Texas Marine Science Institute, and University of Texas Center for Research in Water Resources. Each invoice will be dated and numbered and be in the format attached as Exhibit B. 2. CBBEP OBLIGATIONS. CBBEP shall be obligated to: • contract with and make payments to University of Texas to begin the projects in accordance with the funding provided; • account for project funds separately from all other CBBEP funds; • not use any of the funds provided under this agreement for administrative or other purposes until both projects are fully completed and paid for in full, at which time any funds not paid to University of Texas will be considered paid to CBBEP for administrative purposes; provide copies of all reports and digital information to City delivered by University of Texas in compliance with the terms of the contracts between CBBEP and University of Texas. The CBBEP is not obligated to perform any other actions. 2. INDEMNIFICATION AND HOLD HARMLESS. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. 3. GOVERNING LAW. This Agreement is declared to be a Texas contract, and all of the terms hereof shall be construed according to the laws of the State of Texas. 4. NOTICES. All notices, demands, requests and other communications required or permitted to be given or made upon either Party shall be in writing, shall be deemed to be given for purposes of this Agreement on the date such writing is received by the intended recipient thereof, and shall be delivered personally, by registered or certified mail (postage prepaid), reliable overnight delivery service (fees prepaid), facsimile, or other electronic means, acceptable to the Party receiving same, addressed to the Party to whom such notice is directed: Page 2 of 3 City of Corpus Christi Attn: Kevin Stowers Assistant Director- Engineering Services P.O. Box 9277 Corpus Christi, TX 78401 Corpus Christi, Texas 78469-9277 Telephone: (361) 826-3519 Facsimile: (361) 826-3501 E-Mail: KevinsCa~cctexas.com Coastal Bend Bays & Estuaries Program, Inc. Attn: Ray Allen 1305 North Shoreline Boulevard, Suite 205 Telephone: (361) 885-6204 Facsimile: (361) 880-6198 E-Mail: rallen(a)cbbep.org 5. TERMINATION OF CONTRACT. The City Manager may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address specified below. If termination occurs prior to the final completion of all work contemplated by this contract, the Consultant shall be paid a reasonable compensation for the services actually rendered in accordance with the above-described schedule of fees and in proportion to the amount of work done on such stages or phases as have been authorized. The foregoing shall not be construed to require the City Manager to compensate the Consultant for any services not performed in a proper, professional manner. 6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto and no further modification of the Agreement shall be binding unless evidenced by an agreement in writing signed by CITY and CBBEP. Any modification of this agreement requiring additional tasks or any increase in fees will be evidenced in writing as an amendment to this Agreement. City Of Corpus Christi By «YYlrt~-~• Z,j.a9 Oscar Martinez Date Assistant City Manager ATTEST By Armando Chapa City Secretary Boastal B d Bays & s aries Prog3~, I~ y r D Authoriz Si ature Date 1305 North Shoreline Boulevard, Suite 205 Corpus Christi, TX 78401 (361) 885-6204 Office (361) 880-6198 Fax APPROVED AS TO F RM By '~ "5~ Assist nt City Attorney Date ~~~~~`~ QQ~.~ AUTHORISED tsY CfIURCII.~~ ©n .,..s.~---.~...... ~„~. SECRETARY YJ~1. Page 3 of 3 G Q/ 7fr'i4G t~ EXHIBIT A CONTRACT SUMMARY CBBEP AND UT OFFICE OF SPONSORED RESEARCH This contract is for the purposes of (1) conducting field research to establish how the principal ecological communities in the Nueces Delta respond to water flow, elevation and salinity, and to establish an empirical basis for predicting ecological responses to upstream changes in water supply, local diversion efforts and/or restoration interventions; and (2) developing a hydrodynamic model necessary to understand the transport of water through the Nueces River Delta located near Corpus Christi, Texas. The work to be provided by the PERFORMING PARTY shall correspond to the tasks found in Article IV and will be delivered in accordance with Article V. ARTICLE I. PERFORMING PARTY AUTHORIZED REPRESENTATIVE The Authorized Representative for the PERFORMING PARTY is as described in the attached "Project Representatives and Designated Location" form. ARTICLE II. CBBEP PROJECT COORDINATOR The Project Coordinator for the CBBEP is as described in the attached "Project Representatives and Designated Location" form. ARTICLE III. BACKGROUND/OBJECTIVE This project is part of the U.S. Army Corps of Engineers (USACOE) catchment-to- estuary restoration efforts for the Nueces River and its tributaries. The focus on the present contract is in the field research to establish how the principal ecological communities in the Nueces Delta respond to water flow, elevation (i.e., inundation) and salinity, and to establish an empirical basis for predicting ecological responses to upstream changes in water supply, local diversion efforts and/or restoration interventions. This work will be closely coordinated with a separate project to develop an ecological model of the vegetation community responses to changes in the physical regime. The objectives of this contract are (1) perform field work to estimate the distribution of vegetation assemblages in the Rincon Delta by species, cover, and biomass; (2) perform field experiments to determine the response of the predominant species assemblages to pore-water salinity and nutrient inputs; (3) quantify gross photosynthesis, and its seasonal and geographical variation in predominant species. (4) develop computational models of key physical fluxes through the Delta (water levels, salt and temperature). (5) conduct the data collation, collection and analysis necessary to build these foundational models. Exhibit A Pa e 1 of 5 ARTICLE IV. TASKS The PERFORMING PARTY shall perform the following tasks: (a) Field Research. The PERFORMING PARTY, University of Texas Marine Science Institute -Port Aransas, shall conduct ground-truth surveys for specific plant species or community assemblages, sample tidal creek salinity and sediment pore water to understand their relationship in the Nueces Delta, replicate photosynthetic measurements in the fall and spring of three species of plants utilizing a LI-COR 6200 Gas Exchange System, establish relationship between percent cover and biomass for each of the three vegetative species, and randomly establish plots for nutrient enrichment experiments utilizing various fertilizers that will be monitored by porewater sampling. (b) Physical Modeling. The PERFORMING PARTY, University of Texas Center for Research in Water Resources, shall quantify the time/space fluxes of water, salt and temperature throughout the Nueces Delta as a function of river flow, tide and meteorological conditions. The modeling effort shall conduct the following: 1) Mass-conservative hydrodynamic modeling of water, salt and temperature fluxes across the Delta. 2) Hydraulic modeling of flow constrictions that are not hydrodynamically resolvable, e.g. the Mo-Pac railroad bridge. 3) Thermal modeling of heating/cooling/evaporation that affects water temperature, evaporation and salinity. 4) Data compilation and analysis of historical sources to identify critical data gaps and provide for model testing and validation. (c) Data Compilation and Analysis. The PERFORMING PARTY shall acquire and compile data in a digital format that is readily accessible for processing. The PERFORMING PARTY shall also analyze water levels to exhibit tidal and meteorological responses, hydraulic analysis of the USGS station data to quantify transport between the delta distributaries and the Nueces River and Nueces Bay, and determination of the major controls on salinity in Corpus Christi and Nueces Bay. Ground-truth surveys will also be performed in order to gather bathymetric/hydraulic data, and will be coordinated with ecological and vegetation field work being performed by companion contracts. (d) Reports. The PERFORMING PARTY shall prepare draft and final reports that will be comprehensive and shall describe and analyze the data collected during the project. The final report should also discuss any future implications for the study area and should contain recommendations on needs for additional investigation. ARTICLE V. WORK PRODUCT DELIVERABLES FOR THIS CONTRACT (a) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 10, March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on all major tasks, in chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (b) Model Bathymetric Maps. The PERFORMING PARTY shall submit maps depicting bathymetry of the Nueces Delta that are used for the model. Exhibit A Pa e2of5 (c) Preliminary Model. The PERFORMING PARTY shall submit a copy of the preliminary physical model executable software and model documentation. (d) Progress Report on Field Work. The PERFORMING PARTY shall submit a detailed progress report on field work performed to date. (e) Final Model. The PERFORMING PARTY shall submit a copy of the final physical model executable software and model documentation. (f) Draft Report. The PERFORMING PARTY shall submit a written draft report of work completed for review by the CBBEP Authorized Representative. The draft report shall include at a minimum the information requested in this Scope of Work. The draft report shall be submitted as one (1) unbound copy. PERFORMING PARTY shall also submit the draft report in an electronic format compatible with CBBEP software. (g) Final Report. The PERFORMING PARTY shall submit a written final report of work completed by no later than the date specified in the Schedule of Deliverables. The final report shall include at a minimum the information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. The final report shall be submitted as one (1) unbound copy. PERFORMING PARTY shall also submit the final report in an electronic format compatible with CBBEP software. ARTICLE VI. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT ORK PRODUCT SCHEDULE OF DELIVERABLES Quarterly Progress Reports See Article V (a) Model Bathymetric maps May 1, 2010 Preliminary Hydrodynamic Model ugust 31, 2010 Detailed Progress Report on Field Work September 30, 2010 Final Hydrodynamic Model ugust 31, 2011 Draft Report September 30, 2011 Final Report December 31, 2011 ARTICLE VII. OTHER REQUIREMENTS FOR THIS CONTRACT (a) At the invitation of the CBBEP, the PERFORMING PARTY is required to make .two verbal presentations of this project, at or near its conclusion, to committees of the CBBEP. The presentation is intended to disseminate project results and coordinate findings with other ongoing work. (b) If required as a part of this project, the PERFORMING PARTY will strictly adhere to the CBBEP publication guidelines when submitting publications. Each written deliverable shall be submitted as four (4) hard copies and as an electronic text file (format requirements to be provided by CBBEP). At least one hard copy shall be unbound and of camera ready quality for use as a CBBEP publication. The CBBEP publication guidelines can be obtained from the CBBEP Project Coordinator. (c) The PERFORMING PARTY shall submit to the CBBEP, within three weeks following a written request by CBBEP, a brief summary of project accomplishments and ongoing project work. The summary shall be written in Exhibit A Pa e3of5 everyday (non-technical) English for or other promotional publications. N be required. use in CBBEP newsletters, press releases, o more than one summary per quarter shall PROJECT REPRESENTATIVES AND DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW (a) The EXECUTIVE DIRECTOR of the CBBEP hereby designates the individual named below as the person authorized to give direction to the PERFORMING PARTY as an Authorized Representative of the CBBEP. All communications including all payment requests must be addressed to the CBBEP Project Representative. Jace Tunnell, Project Manager Coastal Bend Bays & Estuaries Program, Inc. 1305 N. Shoreline, Suite 205 Corpus Christi, Texas 78401 Phone: 361-885-6245 Fax: 361-881-5168 E-mail: jtunnell@cbbep.org (b) The PERFORMING PARTY hereby designates the person authorized to receive direction from 1 being performed, and to act on behalf of the Authorized Representative: Dr. Ben Hodges Center for Research in Water Resources Pickle Research Center The University of Texas at Austin 10100 Burnett Road, Bldg 119 Austin TX 78758 Phone: (512) 471-4730 Fax: (512) 471-0072 E-mail: hodges@mail.utexas.edu (c) The PERFORMING PARTY designates and review pursuant to Article 12 of provision: The University of Texas at Austin Office of Sponsored Projects 101 E. 27'h Street, Ste. 4.3 Austin, TX 78713 the individual named below as ie CBBEP, to manage the work PERFORMING PARTY as an the following location for record access the Contract or any other applicable CONTRACT COSTS BUDGET A. Budget Authorized bud eted ex enditures under this Contract are as follows: Cost Cate o Phase 1 Phase 2 Personnel/Sala 185,523 87,777 Frin a Benefits 30% 51,946 24,577 Travel 9,050 5,650 Exhibit A Pa e4of5 Su lies 20,873 10,400 E ui ment Contractual Construction Other Total Direct Costs 267,392 128,404 Authorized Indirect Costs 15% of Salaries 27,828 13,167 Total Pro'ect Fundin 295,220 141,571 *Availability of Funds: This Grant Agreement is funded with funds that will be provided to CBBEP in phases. Phase 1 funds of $295,220 are available beginning June 1, 2009 and Phase 2 will be available beginning September 1, 2010. B. Budget Control and Transfers Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total CBBEP Funding amount. C. Submittal of Payment Requests Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked, payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): ® quarterly. other Exhibit A Pa e5of5 U d d ~ ~ n d E a ~ U rn c m ~ ~ ~ ~ > ~ o N T N 3 4 d V • •~ O C Q a - o, c y ~ o ~ • F`- Q c • ~ V T _ ~ ~ H O ~ ~ y~NO " ~~ ~ O N _ N ~ °BZZ~ O ~~~s Z y°~16 ~ a da- T O ~ Z w a Q R d O v 10 ~ ~ ~ C ~ U _ m ., W d 7 Z ~ V . ~ N . ~ m 0 0 0 0 0 0 0 O O O O O O O ° ° ° ° ° ° ° u q u 9 ~ u 9 ~ v3 ° ° ° ° ° ° ° ~n u 9 u> En c a ~n ° ° ° ° ° ° ° u 9 Fn v~ ~ ~n ea O G N N ~ N N In y N N ~ N r N N ~ m ~ ~ T N N N N N M ~ ~ ° ° ~ ~ ~ O O O N N N N ~ O N N ~ N f~ O N N ry N N Q j ~ N N N M fA EA o N U U Z N ~ g .Z d O r in H N C N .Z y ~ d N i NNN N C U d N N O lL l N U f6 N w~ 'O ~ V ~ d v a m is ~ v ~,~ ~O Q Z` .2 ~ ~i a ~ o c « ~ N ~ ,, E ,, ~ o 0 m ~ , 'O > O a ~ N U U ~ Q ~~ (A N m Q F F- f0 2 W CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the followi inform lion. Every questi(o~n must be answ~eJed. If~the qu on is not applicable, answer with'NA'. FlRM NAME: ~~~~~D t3~-iS ~ ~s~F s ~'a ~>/i~ STREET:I.~~~ N S. CITY: FlRM is: 1. Corporation ^ 2. Partnership ^ Sole Owner ^ 4. Assoaation n 5. Other ~ ~(/~,v ~c7~f ~,1'8irc~IL®'`~ DISCLOSURE QUESTIONS If addftional space is necessary, please use the reverse side of this page or attach separate sheet 1. Stale the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and Cily Department (~f known) 2. Shale the names of each "official" of the City of Corpus Christi having an "ownership irterest" constituting 3°k or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member'' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee 4. Stale the names of each employee or officer of a "consultant" for the City of Corpus~Christi who worked on any matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFlCATE I certify that ail information provided is true and correct as of the date of this statement, that I have not Imowingy wdhheld dsdostrre of any infbrmation requested; and that suppiemenial statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur Certifying Person: ~~ ~~~'~'~ Title: G~1c-Pw?N~~fc~c~p(L (Type or P Signature of Certifying. Person:_~~,~~1 Date: 3 f ~ / " /