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HomeMy WebLinkAboutC2009-357 - 9/22/2009 - ApprovedCITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION PROJECT-AMENDMENT No. 8 BIOLOGICAL MONITORING 2009-2010 CONTRACT FOR SERVICES The City of Corpus Christi, Texas, hereinafter called "City", and The University of Texas at Austin, on behalf of the Marine Sciences Institute, hereinafter collectively called "UT"hereby agree to the following amendment of the original contract approved June 25, 2002 ~M24D2-1 l9}, amended November 19, 2002 ~M2002-398}, amended November 18, 2003 ~M20D3-415} and amended November 9, 2004 ~M2oD4-408} and amended October 25, 2005 ~M2005-369} and amended October 1D, 2006 and amended October 16, 20D1 ~M20o1-255} and amended November 11,1008 ~M2D08-312} as follows: Section If, Scope of Services, Paragraph B is amended to read: B. RESEARCH PLAN AND METHODS The specific research plan and methods for 20D9-2010 are set forth in the Research Contract Proposal incorporated as ExhibitA ofthis amendment. Section II, Scope of Services, Paragraph C, the first sentence is amended to read: C. PRODUCTS UT will deliver an annual written report by January 2010. Section II, Scope of Services, Paragraph D is amended to read: D. ORDER ~F SERVICES The monitoring period will be for 12 months, from October 1, 2009 through September 30, 2010. Section I11, Fees Authorized, is amended to read: Ill. FEES AUTHORIZED The Citywill pay UT a total fixed fee amaunt notto exceed $15,ooD forAmendment No. 8. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section I[. The restated total contract fee forthe original contract as amended is not to exceed $1,505,132 for providing all services. This fee consists of: the original contract fee in the amount $118,215; a fee forAmendment No,1 in the amount of $165,148; a fee for Amendment No. 2 in the amount of $191,545; a fee forAmendment No. 3 in the amaunt of 228,296; a fee forAmendment No. 4 in the amount of $264,241; a fee for Amendment No. 5 in the amount of $201,164; a fee for Amendment No. 6 in the amount of $188,231; a fee forAmendment No. ? in the amount of $188,215; and a fee forAmendment No. 8 in the amount of $15,000. All otherterms and conditions of the June 25, 2002 contract between the Cityand Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. 2009-357 M2009-272 09/22/09 UT-Marine Sciences Inst. ~~~ THE UNIVERSITY CF TEXAS AT AUSTIN on behalf of CITY 4F CORPUS CHRISTI THE MARINE SCIENCE INSTITUTE ~~ ~`• B By. y. Oscar Martinez Date Jean a Holmes, ASP Date Assistant City Manager Assac'rate Director-- Dffice of Sponsored Projects ATTEST: ~ ~.~-d2. City Secretary Date APPROVED AS TO FORM: ~ ~~. Assistant City Attorney Date RECOMMENDED: `~ G 9 Pete Anaya, P.E. Date Director -Engineering Services ~ ~/~ 6~~r ~ _ ~ ~z~ n . ~uT~u~ ~ C-OdHC~I ..... SEC TIIRY RESEARCH CONTRACT PROPOSAL T0: Mr. Kevin Stowers, ContractslFunds Administrator City of Corpus Christi EngineeringlDirector's Off ce, 3r~ Floor 1201 Leopard Street, Corpus Christi, TX 78401 Telephone: (361} 880-3506, Fax: X361} 880-3501 TITLE: RINCGN BAYUU DIVERSION PRGJECT, BIflLGGICAL MGNITGRING, YEAR 9: 2009 - 2010 COST: $75,000 PERIOD: l October 2009 - 30 September 2010 PROPOSAL #: TBD FROM: The University of Texas at Austin Marine Science Institute 750 Channel View Drive Port Aransas, Texas 78373 Fax: X361} 749-6777 PRINCIPAL INVESTIGATOR: Kenneth H. Dunton, Ph.D. Telephone: ~3 61 } 749-6744, e-mail: ken.dunton~a mail.utexas.edu DATE: 18 August 2009 APPROVED: ~ n(,I/)-,~1 ~lU Date: 1~ Courtney ~r~zier S v~n'ey, Assist~t Director Office of ~nsored Proj ects ~' The University of Texas at Austin North Office Bldg., Ste 4.300,101 E. 27th, Austin, TX 78712 Or P.O. Box 7726, Austin, TX 78713-7726 Telephone: X512} 471-6424, e-mail: os~ a,,austin.utexas.edu Exhibit A Pa e ~ of 5 ' ~ ' E RINCON BAYOU DIVERSION PROJECT BIOLOGICAL MONITORING YEAR 9: 2009 - 2010 University of Texas Marine Science Institute STATEMENT OF WORK 18 August 2009 revised 8 September} 1, SUMMARY This Statement of Work SOW} is in response to a letter dated 24 July 2009 from Assistant City Director for Engineering, Kevin Stowers based on a letter to Director Mr, Gustavo Gonzalez on 19 June, The 19 June letter outlined a reduced plan for biological monitoring of the Rincon that is directly related to the development of operational strategies of the Calallen PoollRincon Bayou pipeline, The revised SOW addresses the following requirements as established by the City and our science working group: 1 } Participating in meetings and workshops to identify and evaluate operational alternatives for the Calallen Pipeline including reviewing technical evaluations of the alternatives}. 2} Assembling andlor updating an integrated database that compiles the Nueces Estuary data collected to date by the various universities in a form that will be most useful to the Senate Bill 3 discussion. 3} Performing additional interpretation of the integrated database beyond what has been published to date. 4} Continue to collect data focused on the effects and benefits of using the pipeline to deliver inflows to Rincon Bayou in order to assess and refine the reservoir operating plan, To reduce the scope of work to meet budgetary constraints, we examined where samples were being taken now, and where they should be taken in order to meet the action item number 4 above. The prioritization of stations was based on three precepts. 1 } the environmental flow from the pipeline diversion would likely be contained within the channel of Rincon Bayou, 2}the flow of 3,000 ac-ft would not likely reach much farther downstream than the railroad bridge where station 4b3 is located, and 3} a statistically balanced and scientific~based experimental design must be maintained. In response to the prioritization process and the four actions outlined above, we revised our SO~V for vegetation and water quality monitoring Table 1 }, Specific sampling parameters are the same that we have historically provided to the City over the past nine years Table 2}, This revised effort has reduced the number of samples required for nutrient analysis, resulting in revised estimates for additional water quality monitoring, should this be requested by the City at selected stations Table 3}, Exhibit A Pa e2of5 ~ i ~,, 3 Table 1, Geographic distribution of stations aligned with effort ~i.e. number of stations} for the 2010 monitoring indifferent parts of the Nueces River, Marsh, and Bay. Stations Indicator Effort River U er ral Cent Lower Ba Marsh 3 463 450, 451 Vegetation Water 5 4660, 400F 463 450, 451 Quality Table 2. Sampling parameters and corresponding sampling stations for 2010 monitoring. Sam lin Parameter Stations Continuous Water Level, pH, 463 Conductivit (Salinity, Tem Monthly Phytoplankton and 4660, 400F, 463, 450, 451 Water Quality Emergent Vegetation and 463 450 451 Sediment Characteristics ' Table 3. Priority indictors and stations for additional monitoring by UTMSI see 19 3une letter}.. Nutrient casts have been revised from $70001station to about $50001station in reflection of the overall revised sampling effort. Priority Enti Indicator I Station Bud et 1 CCS NektonlBirds 1466C, 400, 463,450,451 $30,000 2.5 CCS Ba Benthos 1301 $15,000 2.5 UTMSI Bay Nutrients l 301 $5,000 4 UTMSI River Nutrients Il S5 knew station in Calallen Pool $5,000 5 CCS River Benthos 1104A $15,000 2. SPECIFIC TASKS Based on the reduced monitoring plan, we propose the following outline for a statement of work, which is in line with accomplishing the four action items listed above: 1 } Participate in meetings with the City, its contractors, and NEAC to devise the operating plan for environmental flows to satisfy action item one... 2} Provide annual reports, continue synthesis work, and publish results to satisfy action item two. 3} Make the data collected each year a deliverable to the Harte Research Institute ~HRI} to satisfy action item three. Exhibit A Pa e 3 0# 5 r ~ > ,~ '' ' ' 4 4} Perform monitoring described in Table 2 to satisfy action item four, 3. DELIVERABLES The deliverables for this project are based on the 24 July 2009 letter from Kevin Stowers and the letter to Mr. Gustavo Gonzalez on 19 June as summarized by the above action items and statement of work; a. For Task 1. Attend meetings with the City, its contractors, and NEAC as requested. b. For Task 2: An annual report that synthesizes the results of all monitoring through 201 D for water quality and vegetation. All measured parameters are presented in tables and graphs with associated text. As in previous years, we will continue to submit these annual reports, which have always incorporated ALL water and plant measurements. c, For Task 3 and Task 4; Provide a digital database din Microsoft Access} Of water quality and vegetation data collected over the 2009-2010 monitoring period to HRI. we have provided HRI with digital data through September 2008 and will provide the 20082009 data in fall 2009. 4, BUDGET JUSTIFICATIGN The estimated project cost for Year 9 is $75,D00. Salary support is requested for PI K. Dunton ~D.125 months}, a research associate ~S. Schonberg for 3 months}, and apart-time technician ~K, Jackson, 9 mos}. Travel funds ~$2DD} are requested to attend local meetings and workshops Corpus Christi area} related to this project. we have budgeted $300 for the purchase of material and supplies directly associated with field and laboratory work. This includes filters, flasks, cores, chemicals, batteries, protective weather and safety gear, charts, storage bags, renewal of software licenses, maintenance and repair costs for field instruments, etc. Dther requested supplies are clearly denoted on the budget page. Analytical costs x$4,000} associated with sample analysis nutrients and chlorophyll} are also included. A total of $3,DOD is budgeted for small boat fees X12 trips @ $2001trip} and vehicles X12 monthly trips ~a $50 trip}. These fees reflect the most recent charges for UTMSI vessels and increased fuel costs. Exhibit A Pa e4of5 5 3, BUDGET -1011109 - 9130110 CATEGORIES TOTAL A. PERSONNEL K, Dunton, Res. Sci, X0,125 mo.} 1,481 S, Schonberg, Research Associate ~3 mo.} 16,227 K. Jackson, Res, Asst. ~9 mo,} 26,69D Total Salaries 44,39$ B, FRINGE BENEFITS ~30% of A} 13,319 TOTAL SALARIES, WAGES, AND BENEFITS 57, 717 C. TRAVEL 200 D. RESEARCH SUPPLIES 1. Chemicals, lassware, com uter su lies 3D0 SUBTnTAL 300 E. TUITION 0 F. OTHER DIRECT COSTS 1, Small boat and vehicle use fees 3,000 2. Analytical services a. Nutrients, soil parameters, chloroph 11 _4,OOU SUBTOTAL 7,000 I. TOTAL DIRECT COSTS 65,217 .I. INDIRECT COSTS ~ 15% of TDC} 9, 7$3 K. TOTAL CASTS $75,000 Exhibit A Pa e5of5 ~"'~,, '~ ~ SUPPLIER NUMBER ~ ~ . TC HE ASSIGNED H ~ ~ ~ . ""' ~ PURCNASTNG DNISI0~1 ., .'~`'".' c~T~ o~ C~~r~rs C~~~ City of . c~r~us ~zSC~~S~RE ~~ ~T~~~T Christi ~ . Ci of Co us Christi Ordinance I71 I~, as mended, requires all persons or firms seeking to do ro ide the followm information, Ewe . uest~on must be answered, . business with floe City to pp, v ~ . ~~ arse si a for p'ilin Re uirements .~ ~ a Iicable answer with NA . See rev g a Yf the question is no ~~ . Cer~i~ications and definitions, ~~~~ ~~~~ The Un~vers~it of Texas at Austa~n Marine Sca.ence Tnst~tute i P. 0.80: ~ ~ ~ ~ ~ ~ ~ ~I ST~~T ADI~~SS: ~ 75o Chanxxe~.v~.ew Drive CITE.: port Aransas ~ 7~P; 78373 ' f IRM IS, ~ I. Co oration ~ ~, Parh~ership ~ . ' 3. Sole Owner D _F . ..-~ 4, ~ As aviation ~ ~, Other ~ _. Institute of Hi her Education __ DISCL~S~ ~ITESTX4NS . ~f additional space is necessa ,please use the reverse side of this pa e,or attach separate sheet, , ch hem la ee" of the ~i of Coi us C risti having an ownership x, State the names of ea p y ,ty, ~ interest" constituting 3%a or more of the ownership in tlae above named firm. ~ Name Sob Title ~ and City Department cif known} I ' ~, State the names of each "official" of the City of Corpus Christi having an "ownership interest" . constituting 3°~0 or more of the ownership in the above named "firm." ' Title ' ~ Name ~ ~ . N/A . _ - 3. State the names of each "board member" of file City of Carpus Christi having an "ownership . interest" constituting 3°l0 or more of the ownership in the above named "firm," ~ . . ~ Name Board, ~ Commission . ~ or . ~ Committee ~ .~ N/A ~, State the names of .each employe or officer of a ``consultant" for the City of Co us Christi ~ wnersh~ who worked on any matter related to the subject of this contract and has an a p . interest" constituting 3% or more of the ownership in the above named firm, . Name Consultant i N/A ~ ~..- F ~ ~ r ' ~~~1 .L~.L'IQ VJJ.~J:~f~~~ , ~ . If a erFson who requests official ac~~on on a matter Knows that the,requested ac~an will confer an economic beneft on an City official or employee that rs distinguishable from the effect that the ' members of the ublic in eneral or a substantial segment thereof,you shall action will have an .. P .g official ern toyee ar bod that has been disclose that fact in a signed writing to tl~e City ~ . p ~ y to ee in th'e matter is of~icral or ern req~tested to act in the matter, unless the interest of the C~.y , P Y , a ar~nt. The disclostr~~e shall also be made to a signed writing fled with the Ctty Secretary. hies Ordinance Section 2-349 ~d}~ CE~RT~`xC.A~TXa~ ~ hat Z I certify ~aat all information provided is trite and correct as of the date of this statement, t have not l~nowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Cert~ 'n Persons Jeanette Holmes Titles Assoc to Director,' oSP ~g .. .. ~ ' .......... ~. (Typc or Print '---- Si nature of Cer~i in ~ Date; 1 ~ 2 p p 9 . ~ ~ g a91 I Person: . ~~~~rT~orrs . _ ~. -.. .... -... vmrnission; or-~ccrnmittee~appainte , e..^._~_.~Y---~-~~.~:~~y.~,_._.w.___.._.. ..~_..,._ _.... __.....~.:... Board member, A.. . _._f~=any~board;=~c .__.... _ ~ a .---- --.--- - - - -. -- . _...... _. _._ . _ ._ ...._.._ _. ...... _ _ ._ _ ..._.._.... _.... -.--- .. ........;__.....__ . y. _..._ ' City Council of the City of Carpus Christi, Texas, , ~{ eneft", An action that is likely to affect an economic interest if it is iikely to b, BcanomlC b , ` 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. "Brn to ee." Any person employed by the City of Corpus Christi, Teas either on a full or . Py , part-time basis, but not as an independent contractor. ~ ~ .~ " ' " An enti o erated for economic gain, whether professional, industrial or Firrn y tY P d' ~ ~ ~ 1 with a roduct ox service includin commercial, and whether established to produce or dea p ~ g . but not limited to, entities operated in the farm of sole proprietorship, as self-employed , . ~ erson, aitnership, corporation, joint stock company, joint venture, receivership or trust, and . ~~ p P entities which far purposes .of taxation aretreated asnon-profit organizations. .~ ~ ' ~ "official," .The Ma ox~, members of the City council, Ci~r Manager, Deputy City. e. Y Mara er, Assistant City Managers, Department and Division Heads, and Municipal Court g fudges of the City of Corpus Christi, Texas, "owr~ershi interest." .Legal or equitable interest, whether actually or constructively herd, . . f ` p ou h an a en trust estate or haldin iii a firm, including when such interest is held tltr g g t, ~ ' , g , . enti , "Constructively held" refers to holdings or control established through voting trusts, proxies,. or special'terms of venture or partnership agreements." . "Consultant,"Any person or firm, such as engineers and architects, hired by the City of ~ ~ g ' ' the u ose of rafessional consultation and recommendation. . . Corpus Christy far p rP P