HomeMy WebLinkAboutC2010-240 - 7/20/2010 - Approved~ r
AMENDMENT No. 2
CONTRACT 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 approved by Council Motion No. 2009-070 on March 24, 2009 and administratively
amended on March 24, 2009 for the Nueces Delta River Feasibility Study:
WITNESSETH:
WHEREAS, the City, in order to satisfy its 2090 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, and the University of
Texas of Texas Center for Research in Water Resources conduct the projects as set forth by Exhibit
A-2, which states the Tasks, Proposed Schedule of Deliverables, Summary of Fees and Budget
Breakdown 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 Clty and CBBEP acknowledge that
the fees to be paid under this agreement are sufficient to complete both projects, in order to satisfy
City's 2090 financial commitment to U.S. Army Corps of Engineers, and;
WHEREAS, CBBEP has acquired more than 5,400 acres of wetlands and associated wildlife
habitat in the Nueces River Delta far protection and restoration, 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 and to facilitate research being
undertaken by University of Texas Center for Research in Water Resources:
NOW THEREFDRE, 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:
CBBEP will complete the following tasks #or Phase 2 of the Nueces River Tributaries Feasibility Study
Project:
1. TASKS.
(a) Field Research. CBBEP will subcontract with the University of Texas Office of Sponsored
Research to have the University of Texas Marine Science Institute -Port Aransas (UTMSI), conduct
ground-truth surveys for specific plant species or community assemblages, sample tidal creek salinity
and sediment pore water #o 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
2010-240
M2010-179
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CB Says & Estuaries Prgm,
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Gas Exchange System, establish relationship between percent cover and biomass far 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. CBBEP will subcontract with the University of Texas Office of Sponsored
Research to have the University of Texas Center for Research in Water Resources quantify the
timelspace 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 heatinglcoolinglevaporatian that affects water temperature,
evaporation and salinity. 4} Data compilation and analysis of historical sources #o identify critical data
gaps and provide for model testing and validation.
(c) Data Compilation and Analysis. CBBEP will ensure its subcontractor will 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 mayor controls on salinity in Corpus Christi and Nueces Bay.
Ground-truth surveys will also be performed in order to gather bathyme#riclhydrauiic data„ and will be
coordinated with ecological (HRI) and vegetation field work {UTMSI) being performed by companion
contracts.
(d} Reports. CBBEP will or cause its subcontractor to prepare draft and final reports that will be
comprehensive and shall describe and analyze the data collected during the project. The fins! report
should also discuss any future implications for the study area and should contain recommendations
on needs far additional investigation.
2. SCHEDULE. CBBEP will provide the following deliverables to the City's Director of Engineering
on the dates indicated by the table listing of Work Projects and Schedule.
Work Projects and Schedule
ORK PRODUCT SCHEDULE OF DELIVERABLES
Preliminary Hydrodynamic Model ugust 31, 2Q1Q
Detailed Progress Report on Field Work September 30, 2Q11
Final Hydrodynamic Model ugust 31, 2Q11
Draft Report September 3Q, 2012
Final Report December 31, 2012
(a) Preliminary Model. The PERFORMING PARTY shall submit a copy of the preliminary physical
model executable software and model documentation.
(b) Progress Report on Field Work. The PERFORMING PARTY shall submit a detailed progress
report on field work performed to date.
(c} Final Model. The PERFORMING PARTY shall submit a copy of the final physical model
executable software and model documentation.
Page 2 of 4
{d} 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.
{e) 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.
3. FEES. An additions! sum of One Hundred Fifty Five Thousand Dollars Seven Hundred Twenty
one and Zero Cents {$155,721.00} will be paid by the City of Corpus Christi ,to CBBEP fior a restated
not to exceed total fee of Five Hundred Twenty Seven Thousand Four Hundred Forty One Dollars and
Zero Cents ($527,441.00} is the total fee to be paid by City to CBBEP as full consideration of City's
obligation for this amendment of the Contract. It is understood that Phase 2 Services will be au#horized
in writing as a future amendment to this contract. The fee for future Phase 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;
asic Services: Original
Contract
Phase 1
Authorized Amendment
No. 1
Phase 1
Authorized Amendment
No. Z
Phase 2
Authorized
Total Fee
CBBEP Administration 29,500 307 14,150 43,957
Subtotal Basic Services $29,500 307 14,150 43,957
Additional Services:
University of Texas
Office of Sponsored
Research 295,220 48,593 141,571 483,484
Subtotal Additional
Services
$295,220
$46,693
141,571
$483,484
Summa of Fees
Basic Services Fees 29,500 307 14,150 43,957
Additional Services
Fees
295,220
46,693
141,571
483,484
Total of Fees $324,720 $47,000 $155,721 $527,441
The City will pay the Consultant a fee, as described in Section 2 Fees, Summary of Fees Table, far
providing services authorized. "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
Page 3 of 4
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 documenting the services
performed by 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.
All other terms and conditions of the March 24, 2009 contract, as amended, between the City and
CBBEP will remain in full force and effect.
City O,f C/arpus hristi
By ~/ ~ ~ /~
Johnny erales, P.E. Date
Assistant City Manager
ATTEST
By -
Armando Chapa
City Secretary
Coastal Bend Bays & Estuaries Program, Inc.
By ~~ ~ /C~
Authorized i n ture Date
1305 North Shoreline Boulevard, Suite 205
Corpus Christi, TX 78401
{361 } 885-6204 Office
{361 } 880-6198 Fax
RECOMME ED
Pete Anaya, P.E. Date
Director of Engineerin~g!Services
e /v 7~4r~
ustavo Gonzalez, P.E. D to
Director of Water Services
APPROVED AS TO FORM
Assistant Ci ttorney Date
'~~~~ ~ ~ r~ A~TH{]R17~B
~Y CCtlI~GfL....~ 2~ ~0
SfCRE'tARY ~fd•
Page 4 of 4
Nueces River and Tributaries Feasibility Study Project:
TASKS:
(a} Field Research. The PERFORMING PARTY, University of Texas Marine Science Institute -Port
Aransas (UTMSI}, 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 L.l-COR 6200 Gas Exchange System, establish relationship between percent cover and
biomass far each of the three vegetative species, and randomly establish plats for nutrient enrichment
experiments utilizing various fertilizers that will be monitored by porewater sampling.
{b) Physical Modeling. The PERFORMING PARTY, University of Texas Cen#er far Research in
Water Resources, shall quantify the timelspace 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/coolinglevaporation 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 Compila#ion 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 khe 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 bathymekriclhydraulic data, and will be coordinaked wikh
ecological {HRI) and vegetation field work (UTMSI} being performed by companion contracks,
(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,
SCHEDULE OF DELIVERABLES FOR THIS CONTRACT:
ORK PRODUCT SCHEDULE OF DELIVERABLES
Preliminary Hydrodynamic Model ugust 31, 2010
Detailed Progress Report on Field Work September 30, 2011
Final Hydrodynamic Model ugust 31, 2011
Draft Report September 30, 2012
Final Report December 39, 2012
Preliminary Model. The PERFORMING PARTY shall submit a copy of the preliminary physical model
executable software and model documentation.
{b) Progress Report on Field Work. The PERFORMING PARTY shall submit a detailed progress
report on field work performed to date.
{c} Final Model. The PERFORMING PARTY shall submit a copy of the final physical model
executable software and model documentation.
Exhibit A-2
Pa e 1 of 2
{d) 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.
(e) 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 Wark, including revisions requested by khe 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.
SUMMARY OF FEES:
Basic Services: Phase 2
Authorized
Ci3BEP Administration $14,150
Subtotal Basic Services $14,150
Additional Services:
University of Texas Office of
S onsored Research $141,571
Subtotal Additional Services $141,571
Summa of Fees
Basic Services Fees $14,150
Additional Services Fees $141,571
Total of Fees $155,721
Budget breakdown for Phase 2 of the Project:
Cost Cate or Phase 2
PersonnellSalar 87,777
Frin a Benefits 30% 24,577
Travel 5,650
Su lies 10,400
E ui ment 0
Contractual 0
Construction 0
Other 0
Total Direct Costs 128,404
Authorized Indirect Costs 27,317
Total Phase 2 Pro~ect Fundin 155,721
Exhibit A-2
Pa e2of2
i
SUPALIER NUMBER
TO BE A551GNED BY~~T'CY-
PURCHASING 17IVISION
a.~~r
Co us
ci poi" DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended, requires alt persons or ftrms seeking to do
business with the City to pprovide the following information. Every question must be answered.
If the question is not a~~licable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: ~ COGt.S~e~,l. Y'3~.Y1Cl {JGcl1~..5_~ ~~U0.y-~S,pYa~Y~YV~-
P. O. BOX:
STREET ADDRESS: ~?j~ ~,SY1ore11n,~ blvd CITY: Gels chr-st'i zrn=~~oi -
FIRM IS: 1. Corporation 8 2. Partnership e 3. Sole Owner ^
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessarry, please use the reverse side of this pa ear attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi havin~ an "ownership
interest" constituting 3% or mare of the ownership in the above named "firm.'
Name Job Title and City
Department {if 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 "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, State 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
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the.requested action will confer an
econam~c benefit on any City official ar employee that is distinguishable from the effect that the
action will have on members of the public m general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee ar body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics 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 submitted to the City of Corpus Chris#i, Texas as changes occur.
Certifying Person: ~~~ `Qr~,1..8~ Title: ~jc..P ~~-~,~,~,~ c f`~
Signature of Certifying
Person:
Date: ~ J
DEFINITIONS
"Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect an that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
"Employee." Any person employed by the City of Corpus Christi, Texas either on a full ar
part-time basis, but not as an independent contractor.
"Firm." Any entity operated far economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited ta, 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 as non-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
.Iudges 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 ar firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.