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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 07/20/10 Page 1 of 4 CB Says & Estuaries Prgm, ~~D~~Q . 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.