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HomeMy WebLinkAboutC2009-355 - 9/22/2009 - ApprovedCITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION PROJECT BIOLOGICAL MONITORING: 2009-2010 CONTRACT FOR SERVICES The City of Corpus Christi, Texas, hereinafter called "City", and the Harte Research Institute at Texas A&M University -Corpus Christi, hereinafter called "Harte", hereby agree as follows: I. SERVICES TO BE PERFORMED Harte hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for; • Biological monitoring at three ~3} locations as described in the "Research Contract Proposal titled "Rincon Bayou Diversion Project, Biological Monitoring; 2009 - 2010 dated August 18, 2008" attached as Exhibit A. II. SCOPE OF SERVIGES HARTE's services will be #hose necessary to provide the monitoring required deliver an annual written report corresponding to the major tasks outlined in the Research Proposal dated August 11, 2009. Harte will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. A. TASKS The manitoring will assist in the: • Determination of whether any harm occurs as the result of freshwater diversion from the Nueces River into Rincon Bayou; • Assessment ofthe benefits of the diversion on primary and secondary productivity in Rincon Bayou; and • Development of an optimal operational management procedure for freshwater pass-through based on sound scientific basis. Tasks to be completed include monthly; • Water column hydrography salinity, temperature, and dissolved oxygen concentrations} will be measured during each station at each sampling period. • Benthic infauna biomass, abundance, density, diversityand species distribution in Rincon Bayou will be determined and compared to relevant changes in water hydrography ~e.g., salinity}, • Sediment characteristics ~e.g., sediment grain size} samples will be collected and analyzed. B. RESEARCH PLAN AND METHODS The specific research plan and methods forthe 2009-2010 monitoring period are setforth in the Research Contract Proposal incorporated as Exhibit A of this contract, C. PRODUCTS Harte will deliver an annual written report by January 2011. The annual report will be written by the principal investigators. Harte will not change the principal investigators without notifying the City of the proposed replacement and receiving written approval from the City. The City will not unreasonably withhold approval. The comprehensive annual report will describe the results of the tasks associated with the Rincon Bayou. Findings will be integrated and presented to assess the current status of the estuarine ecosystem of the Nueces Delta. All annual reports will be technical reports of the Harte Research Institute at Texas A&M University-Corpus Christi, The principal investigators involved with this project will assist the City of Corpus Christi, either through written or personal communication or direct presentation to the Texas Commission on Environmental Quality, should any proposed changes to thework plan be necessary. Principal investigators will participate in any meetings necessary to allow the City to coordinate the findings with other studies prepared by separate contract. Pa e 1 of 3 M2009-2715 :R\RINCON~2009-2010\HarteContract.doc g 09/22/09 ~N~~~/~G~ TAMUCC Each chapter will incorporate the results of the current year with that of prior year data. Temporal and spatial comparisons that display significant correlations or patterns among various physical parameters (e.g., as salinity and sediment grain size) will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where data exist. D. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2009 through September 30, 2010. III. FEES AUTHORIZED The City will pay HARTE a fixed fee not to exceed $55,000.00 for providing all services. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted once per quarter for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the budget included as part of Exhibit A. Invoices will be sequerfitially numbered for each project, state the project name ~Rincon Bayou Diversion Project-Biological Monitoring - 2009-2010} and City project number X8443}, The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due, Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon 30 days written notice to HARTE at the addresses specified below, If termination occurs prior to the final completion of all work contemplated by this contract, HARTS shall be paid for all reasonable costs incurred or contractually committed to be expended as of the effective terming#ivn date, including salaries of appointees far the remainder of their appointment. The foregoing shall not be construed to require the City to compensate HARTE for any services not performed in a proper, professional manner. V. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and HARTS as follows: City Director of Engineering Services City of Corpus Christi P.Q. Box 9277 Corpus Christi, TX 78469-9217 512-880-3500 Fax: 512-880-3501 Kevi ns(a~cctexas,_com HARTE; Paul A. Montagna, Ph. D. Harte Research Institute Texas A&M University -Corpus Christi 6300 Ocean Drive Corpus Christi, TX 78412 361-825-2040 Fax: 361-825-2050 VI. LOCAL PART[CIPATION The City Council"s stated policy is that City expenditures on contracts #or professional services be of maximum benefit to the local economy. VII. ASSIGNABILITY Harte will not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of Harte. No part of Harte's fee may be assigned in advance of receipt by Harte without written consent of the City. The City shall not pay the fees of expert or technical assis#ance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. VIII. DISCLOSURE OF INTEREST Incompliance with City of Corpus Christi Ordinance No.11112, Harte agrees to complete the City of Corpus Christi Disclosure of interests form attached as Exhibit "B". Page 2 of 3 H:IHOMEIKEVINSIGENIWATERIRI NCON12009-20101HarteContract.dac CITY of CORPUS CHRISTI TEXAS A&M UNIVERSITY -CORPUS CHRISTI -, ' ~. r B. ~Y ' B. Y Y Qscar Martinez Date u A, on , Ph. D. Date Assistant Cit Mana er Princi al sti ator Y 9 p g ATTEST: 9 ;2~ a 9 City Secretary Date APPROVED AS TO FORM: ~~ '~'~ Assistant City Attorney ate By : ~,~~~ ~/ 09 Pete Anaya, P.E. Date Director of Engineering Srvc ~~ By' Au orized Repr a tativ Date Name Harvey Knull, Ph.D. Associate Vice President for Research Title l~UTHURI~~ ~~ ~~iN~l~, .. ~ ~~. ~~ AIr11~~#+r~llfll~y aa~ ^ fd•*~. ~~c~~~~~~ ~, Page3of3 H:IHOMEIKEVI NSIGENIVVATERIRINCON12009-20101HarteContract.doc RESEARCH CONTRACT PROPOSAL TO: Mr, Kevin Stowers, ContractslFunds Administrator city of Corpus Christi EngineeringlDirector'sOf6ce, 3ra Floor 1201 Leopard Street, Corpus Christi, T~ 78401 Telephone: X361} 880-3506, Fax: X361} 580-3501 TITLE: RINCON BAYOU DIVERSION PROJECT, BIOLOGICAL MONITORING, 2009 - 2010 COST: $ 55,000 PERIOD: 1 October 2009 - 30 September 2010 FROM: Texas A&M University -Corpus Christi Harte Research Institute 6300 Ocean Drive, Unit 5869 Corpus Christi, Texas 78412 PRINCIPAL INVESTIGATOR: Paul A. Montagna, Ph,D. Phone: 361-825-2040, Fax: 361-825-2050 DATE; August 11, 2009 Exhibit A Pa e 1 of 4 STATEMENT OF WURK RINCUN BAYUU DIVERSION PROJECT BIULGGICAL MaNITURING YEAR 9: 2009 - 2010 Harte Research Institute, Texas A&M University-Corpus Christi 1, SUMMARY In October 2001, the City of Corpus Christi City} elected to continue freshwater diversions through the Nueces River Overflow Channel ~NOC}. The City constructed this channel to a depth of 0.3 m above mean sea level ~MSL} to increase freshwater inflows into Rincon Bayou, the natural headwater of the estuary. In addition, a pipeline has constructed that can deliver up to 3,000 acre-ftlmo from Calallen Pool to Rincon Bayou. To further understand the impacts of these freshwater diversions, the City has undertaken along-term monitoring program. Monitoring is required under the Texas Commission on Environmental Quality ~TCEQ} operating rule for the Nueces Estuary adopted 4 April 2001. Specifically, the rule requires the City to "implement an on-going monitoring and assessment program designed to facilitate an adaptive management program for freshwater inflows into the Nueces Estuary." This proposal supports that monitoring requirement. Monitoring objectives include detecting changes in water column, benthos, emergent vegetation, and soil characteristics at several study stations along Rincon Bayou and the Nueces River. Monitoring at many of these stations began during the BOR Demonstration Project. Z. MONITORING GOALS 1 } Determine if "no harm" occurs as a result of freshwater diversion from the Nueces River into Rincon Bayou. Z} Assess the benefits of the diversion on primary and secondary productivity in Rincon Bayou. 3} Develop an optimal operational management procedure for freshwater pass-throughs based on sound science. 3. TASKS 1 } VLrater column hydrography salinity, temperature, and dissolved oxygen concentrations} will be measured at each station duringeach sampling period. 2} Benthic infauna biomass, abundance, density, diversity and species distribution in Rincon Bayou will be determined and compared to relevant changes in water hydrography ~e.g., salinity}. 3} Sediment characteristics ~e.g., sediment grain size} samples will be collected and analyzed once per year. Exhibit A Pa e 2 of 4 Flighway 77 iH 37 ~ ~ MoPac ~ Railroad ~ ~ "' ~~a : ~ C f a : :. ~ ~ RINCO '', r ., ~ O1~ERFLO OVERF L CHANNEL CHANN ~l~I : s -- CW7 Bayp 46GC v~h ;, 4b3 Calalien 400F Diversion '"~ Dam ~~ f~' ~~& r~ ~~ ~ o MoPac Railroad Appioxima6e Soak Haanean o ~ z Figure 1. Locations of the Rincon Bayou Diversion Project monitoring stations, the Nueces Overflow Channel, the R.incon Overflow Channel, and the three benthic sampling stations. 4. RESEARCH PLAN AND METHODS Studies will be conducted in the Nueces Estuary, Carpus Christi, Texas Figure 1 }, Sampling stations are located at sites where baseline data are available to facilitate assessment of ecosystem changes. Sampling methodologies will be the same as those performed earlier ~Montagna and Kalke 1992; Montagna et al. 2002}. Monitoring will be conducted at three stations located in the upper and upper Rincan Bayou Table 1}. Water column characteristics ~i,e,, depth, salinity, temperature, dissolved oxygen, pH} and benthos ~i.e., abundance, biomass, and diversity} will be measured monthly. All stations to be monitored by HRI as part of the Rincon Project are listed in Table 1. Sediment grain size will be performed annually following standard geologic procedures Folk,1964}, Table 1, Sampling design. including the parameter. time period. stations. Sam lip Parameter Anal sis Parameter Stations Monthly H dro raphy Monthly Salinity 463, 400F, 4660 Monthly Benthos Monthl Benthos 463, 400F, 466C Annual Sediment Annual Sediment 463, 400F, 4660 Exhibit A Pa e3of4 5. DELIVERABLES An annual report will be submitted to the City Engineer by January 2011. This report will be technical report of HRI that incorporates current year results with data from previous years, Temporal and spatial comparisons or patterns among various physical parameters ~e.g., as salinity and sediment grain size} will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where possible. If requested, data analyses will be presented to the City and other interested parties at an annual meeting, or to the Nueces Estuary Advisory Council. 6. BUDGET 6.1 JUSTIFICATION The total amount of work is approximately 13 man-months per year. Benefits are estimated at 28°/a of the salaries, Travel funds are requested annually for travel to meetings x$604}, The purchase of material and supplies directly associated with field and laboratory work will cost $2,100, which includes filters, flasks, cores, chemicals, batteries, protective weather and safety gear, charts, storage bags, renewal of the analysis, image, word processing and GIS software licenses, maintenance, .and repair costs for field instruments. A total of $1,500 is budgeted for rental fees for field equipment which brings the total cast of other expenses to $3,6D0, Indirect costs of 25% are added to the cost of salaries only. 6.2 DETAILED BUDGET Table 3. The budget covers the period l October 2009 - 30 September 2410. Categories Costs a. Salaries & Wages $33,200.00 b. Fringe (2~% of a.) $ 9,296.00 c. Other Expenses $ 3,600.00 d. Travel $ 604.00 e. Subtotal $46,700.00 f. F&A (25% of a.) $ 8,300.00 g. Total Costs (sum f. + g.) $55,000.00 7. REFERENCES Folk, R. L, 1964. Petrology of Sedimentary Rocks. Hemphill's Press. Austin, Texas.155 pp. Montagna, P. A. and R. D, Kalke.1992. The effect of freshwater inflow on meiofaunal and macrofaunal populations in the Guadalupe and Nueces Estuaries, Texas. Estuaries 15:266-285. Montagna, P,A., R,D. Kalke, and C. Ritter. 2402. Effect of restored freshwater inflow on macrofauna and meiofauna in upper Rincon Bayou, Texas, USA, Estuaries 25:1436- 1447. Exhibit A Pa e4of4 r"~ ~~ .~ .= CITY OF CORPUS CHRISTI ""`~' DIS~L~SURE ~]F INTEREST City of Co~aus Christi City of Corpus Christi Qrdinance ~ 7112, as amended, requires all persons or firms seeking to do business with the City to provide the followin rnformat~on. Every question must be answered. If the question is not a plicable, answer wit "NA", See reverse side for Filing Requirements, Certifications and de init~ons. COMPANY NAME: P. O. BOX; STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2, Partnership 3. Sole Owner ^ 4, Association 5. ether DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa a or attach separate sheet. 1. State the names of each `employee" of the City of Corpus C ristl having an ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department cif known} 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "f rm." 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. State the names of each employee or officer of a "consultant" for the City of Cor~us 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 FILING REQUIREMENTS , If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that ~s dist~ngu~shable from the effect that the action will have on members of the public rn general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, emplo ee or body that has been requested to act in the matter, unless the interest of the City of ticial or employee in the matter is a parent. The disclosure shall also be made in a signed writing filed with the City Secretary. [ thics Ordinance Section 2-349 ~d}] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly subm ed to the 1 Christi, Texas as changes occur. arVe ~ ~.'~, Y Certifying Person: Associate Vice President~esearch (Type ar Print} Signature of Certifying Person; Date: r a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benef t". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated asnon-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f, "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.