HomeMy WebLinkAboutC2018-603 - 11/2/2018 - NA CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name) 18140A - Packery Channel Monitoring Project
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi,
Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee
(Director) and Texas A & M University — Corpus Christi, a Texas public university, 6300 Ocean Dr.,
Corpus Christi, Nueces County, Texas 78412, (TAMU-CC), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II COMPENSATION 2
ARTICLE III TIME AND PERIOD OF SERVICE 3
ARTICLE IV INSURANCE REQUIREMENTS 4
ARTICLE V TERMINATION OF AGREEMENT 4
ARTICLE VI RIGHT OF REVIEW AND AUDIT 5
ARTICLE VII OWNER REMEDIES 5
ARTICLE VIII TAMU-CC REMEDIES 5
ARTICLE IX CLAIMS AND DISPUTE RESOLUTION 6
ARTICLE X MISCELLANEOUS PROVISIONS 7
EXHIBITS
Contract for Professional Services
Page 1 of 10
C2018-603
11/02/18
TAMU-CC
, .
SCANNED
ARTICLE I — SCOPE OF SERVICES
1.1 TAMU-CC shall provide to City its Scope of Services, to be incorporated herein and attached to this
Agreement as Exhibit A. The Scope of Services TAMU-CC defines the services to be performed by TAMU-CC
under this Agreement.
1.2 TAMU-CC shall comply with City standards effective at the time of the execution of the contract,throughout
the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of
Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is
executed must be in writing.
1.3 TAMU-CC shall use reasonable efforts to provide labor, equipment and transportation necessary to
complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons
retained by TAMU-CC to perform work pursuant to this Agreement shall be employees or subcontractors ofTAMU-
CC. Upon request, TAMU-CC must provide City with a list of all subcontractors that includes the services
performed by subcontractors. Changes in TAM U-CC's team that provides services under this Agreement must be
agreed to by the City in writing.
1.4 TAMU-CC shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes,either TAMU-CC
or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 TAMU-CC will provide monthly status updates(project progress or delays) in the format requested by the
City with each monthly invoice.
ARTICLE II —COMPENSATION
2.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $49,991.00.
2.2 TAMU-CC's fee will be on a lump sum basis as detailed in Exhibit A and will be full and total compensation
for all services and for all expenses incurred in performing these services, with invoices to be submitted upon the
completion of each survey and assessment.
2.3 TAMU-CC agrees to complete the Scope of Services in accordance with the approved project schedule and
budget as defined in Exhibit A, including completing the work in phases defined therein.
2.4 The Director of Engineering Services may request the TAMU-CC to undertake additional services or tasks
provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed
and evidenced in writing as an amendment to this contract. TAMU-CC shall notify the City within three(3)days of
notice if tasks requested requires an additional fee.
2.5 Invoices submitted or supporting documentation must contain contract amounts, current invoice, previous
invoice total, remaining balance,and an estimate of the proportion of the contracted services completed at the time
of billing. City will make prompt monthly payments in response to TAM U-CC's invoices. Missing information may
result in delay of payments.
2.6 TAMU-CC certifies that title to all services covered by a Payment Request shall pass to City no later than the
time of payment. TAMU-CC further certifies that, upon submittal of a Payment Request, all services for which
Payment Requests have been previously issued and payments received from City shall,to the best of TAMU-CC's
knowledge, information and belief, be free and clear of liens,claims,security interests or encumbrances in favor of
TAMU-CC or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement.
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2.7 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to TAMU-CC."
2.8 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which TAMU-CC is responsible, because of:
3.9.1 delays in the performance of TAMU-CC's work;
3.9.2 failure of TAMU-CC to make payments to subcontractors or vendors for labor, materials or equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by TAMU-CC to carry out the performance of its services in accordance with this
Agreement.
2.9 When the above reasons for withholding are removed or remedied by TAMU-CC, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
2.10 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City,TAMU-CC shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event TAMU-CC does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
2.11 Request of final compensation by TAMU-CC shall constitute a waiver of claims except those previously
made in writing and identified by TAMU-CC as unsettled at the time of final Payment Request.
2.12 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The City may direct the TAMU-CC to suspend work pending receipt and appropriation of funds. The right to
suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
ARTICLE III —TIME AND PERIOD OF SERVICE
3.1 This Agreement shall be effective upon the signature of an authorized representative of TAMU-CC and the
signature of the City Manager or designee (Effective Date).
3.2 This service shall be for a period of ycarc beginning on the Effective Datc. The Agreement may bo
3.3 TAMU-CC agrees to begin work on those authorized Services for this Agreement upon receipt of the Notice
to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services
until requested in writing by the TAMU-CC and written authorization is provided by the Director of Engineering
Services.
3.4 Time is of the essence for this Agreement. TAMU-CC shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The TAMU-CC and City are aware that many factors may affect the TAMU-CC's ability
to complete the services to be provided under this agreement. TAMU-CC must notify the City within ten business
days of becoming aware of a factor that may affect the TAMU-CC's ability to complete the services hereunder.
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3.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
3.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement.
ARTICLE IV— INSURANCE REQUIREMENTS
4.1 TAMU-CC must not commence work under this Agreement until all insurance required has been obtained
and such insurance has been approved by the City. TAMU-CC must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained. The City will accept a self-
insurance coverage letter from TAMU-CC in lieu of the certificate of insurance required by Exhibit B.
4.2 Insurance Requirements are shown in Exhibit B.
ARTICLE V—TERMINATION OF AGREEMENT
5.1 By TAMU-CC:
5.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The TAMU-CC may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
5.1.2 TAMU-CC must follow the Termination Procedure outlined in this Agreement.
5.2 By City:
5.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
TAMU-CC at the address of record.
5.2.2 The City may terminate this agreement for material breach of this Agreement upon ten days written
notice to the TAMU-CC identifying the breach in reasonable detail. If TAMU-CC begins,within three days of
receipt of such notice,to correct its failure and proceeds to diligently work to cure such breach within the ten
days, the Agreement will not terminate. If the TAMU-CC again fails to perform under this Agreement, the
City may terminate the Agreement for cause upon seven days written notice to TAMU-CC with no additional
cure period. If the City terminates for material breach, the City may reject any and all proposals, for the
Packery Channel Monitoring Program submitted by TAMU-CC for up to two years.
5.3 Termination Procedure
5.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs orTAMU-CC takes action to cure a failure to perform under the cure period,TAMU-
CC shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
TAMU-CC has successfully cured a failure to perform,TAMU-CC shall submit a statement showing in detail
the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
5.3.2 TAMU-CC shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
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5.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, City shall reimburse TAMU-CC for all costs and non-cancelable
commitment incurred in the performance of the services up to the effective date of termination, not to
exceed the maximum cost specified in Section 2.1. There will be no compensation for anticipated profits on
services not completed.
5.3.4 TAMU-CC acknowledges that City is a public entity and has a duty to document the expenditure of
public funds and TAMU-CC shall reasonably cooperate with the City's efforts to comply with such duty.
ARTICLE VI — RIGHT OF REVIEW AND AUDIT
6.1 TAMU-CC grants City, or its designees,the right to audit,examine or inspect,at City's election,all of TAMU-
CC's records relating to the performance of the Work under this Agreement,during the term of this Agreement and
retention period herein. The audit, examination or inspection may be performed by a City designee, which may
include its internal auditors or an outside representative engaged by City. TAMU-CC agrees to retain its records for
a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this
Agreement, then such retention period shall extend until final resolution of the dispute.
6.2 TAMU-CC's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(TAMU-CC's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports,drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and
any and all other agreements, sources of information and matters that may, in City's and TAMU-CC's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
6.3 City agrees that it shall exercise the right to audit, examine or inspect TAMU-CC's Records only during
TAMU-CC's regular business hours. TAMU-CC agrees to allow City's designee access,upon reasonable advance
written notice,to all of TAMU-CC's records, TAM U-CC's facilities and TAMU-CC's current employees, reasonably
necessary for City or its designee(s), to perform such audit, inspection or examination. TAMU-CC also agrees to
provide adequate and appropriate work space necessary to City or its designees to conduct such audits,
inspections or examinations.
6.4 TAMU-CC shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE VII —OWNER REMEDIES
7.1 The City and TAMU-CC agree that in the event the City suffers actual damages as a result of material
breach of this Agreement by TAMU-CC. the City may elect to pursue its actual damages and any other remedy
allowed by law.
ARTICLE VIII —TAMU-CC REMEDIES
8.1 If TAMU-CC is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
TAMU-CC's reasonable control, then the City shall excuse the failure for the duration of the event and for such a
time as is reasonable to allow TAM U-CC to resume performance under this Agreement.
8.2 The City agrees that TAMU-CC is not responsible for damages arising from any cause beyond TAMU-CC's
reasonable control.
8.3 If TAMU-CC requests a remedy for a condition not specified above,TAMU-CC must file a Claim as provided
in this Agreement.
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ARTICLE IX—CLAIMS AND DISPUTE RESOLUTION
9.1 Filing of Claims
9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events
("Claims"), shall be made by written notice delivered by the party making the Claim to the other party after
the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim.
9.1.2 Every Claim of TAM U-CC,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the TAMU-CC by his/her signature,verifying the truth
and accuracy of the Claim.
9.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
9.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to
TAMU-CC. If TAMU-CC is not satisfied with the proposal presented, TAMU-CC will have thirty (30)
calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii) request Mediation.
9.2 Alternative Dispute Resolution
9.2.1 All negotiations pursuant to this clause are confidential to the extent allowed by law and shall be
treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
9.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the Parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
9.2.3 Mediation
9.2.3.1 In the event that City or TAMU-CC shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
9.2.3.2 Request for mediation shall be in writing and shall request that the mediation commence no
less than thirty (30) or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
9.2.3.3 In the event City and TAMU-CC are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
9.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
9.3 City shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the
related rules adopted by the Texas Attorney General to attempt to resolve any claim for a breach of contract made
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by the City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of
breach of contract to TAMU-CC's designated official, who will examine City's claim and any counterclaim and
negotiate with City in an effort to resolve the claim.
9.4 TAMU-CC and City agree that neither party shall be responsible for payment of attorney's fees pursuant to
any law or other provision for payment of attorneys'fees. To the extent authorized by law, both Parties expressly
waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement.
9.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE EITHER PARTY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY
RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE X— MISCELLANEOUS PROVISIONS
10.1 Assignability. Neither party will assigntransfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of TAMU-CC. This includes subcontracts entered into for services under this
Agreement. No part of the TAMU-CC fee may be assigned in advance of receipt by the TAMU-CC without written
consent of the City.
The City will not pay the fees of expert or technical assistance and TAMU-CCs unless such employment, including
the rate of compensation, has been approved in writing by the City.
10.2 Ownership of Intellectual Property.
10.2.1 "Intellectual Property" means know-how, copyrights, patents, trade secrets, ideas, thoughts,
concepts, processes. techniques, data, development tools, models, drawings, specifications,
prototypes, inventions, software, and other intellectual property.
10.2.2 "Project IP' means all Intellectual Property that is authored or conceived and reduced to practice in
the performance of this Agreement.
10.2.3 Ownership of Project IP will be as follows:
10.2.3.1 Title to any Project IP made or conceived solely by TAMU-CC personnel vests in
TAM U-C C.
10.2.3.2 Title to any Project IP made or conceived solely by City personnel vests in City.
10.2.3.3 Title to any Project IP made or conceived jointly by personnel of both TAMUC-CC and
City ("Joint IP") vests jointly in TAMU-CC and City.
10.2.4 In the absence of a written agreement to the contrary, TAMU-CC and City will be independent
owners of any corresponding patent rights in any Joint IP under 35 USC§262 with no obligation of
accounting to one another.
10.2.5 TAMU-CC grants City an irrevocable, royalty-free, non-transferable, nonexclusive right and license
to use, reproduce, display, perform and otherwise practice without restriction any copyrightable
materials (technical data, reports. etc.) delivered by TAMU-CC under this Agreement.
10.2.6 Nothing in this Agreement grants either party any rights to any of the other party's Intellectual
Property that is not Project IP.
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10.3 Standard of Care. Services provided by TAMU-CC under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent professionals practicing in the same or similar locality
and under the same or similar circumstances ; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent professional.
10.5 Independent Contractor. The relationship between the City and TAMU-CC under this Agreement shall be that
of independent contractor. City may explain to TAMU-CC the City's goals and objectives in regard to the services to
be performed by TAMU-CC, but the City shall not direct TAMU-CC on how or in what manner these goals and
objectives are to be met.
10.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and TAMU-
CC and supersedes all prior negotiations. representations or agreements, either oral or written. This Agreement
may be amended only by written instrument signed by both the City and TAMU-CC.
10.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and TAMU-CC. Neither the City nor TAMU-CC intends to create third party beneficiaries by entering
into this Agreement.
13.3 Disclosure of Interest. TAMU CC agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.4 Certificate of Interested Parties. For contracts greater than $50,000, TAMU CC agrees to comply with
Texas Government Code section 2252.008 and complete Form 1205 Certificate of Interested Parties as part of-this
--••-• . _ -• •- - c electronically filed with the Texas Ethics Commission at
filed with the City. For more information, pl ace review the Texas Ethics Commission Rules at
• • _ .- - - . - -. -al/ch46.hI
10.8 Conflict of Interest. TAMU-CC agrees, in compliance with Chapter 176 of the Texas Local Government Code,
to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need
to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/governmenticity-secretary/conflict-d isclosure/index.
10.9 Boycott Israel. As required by Chapter 2270.. Government Code, TAMU-CC hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that
is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes.
10.10 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts
of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
10.11 Severability. If,for any reason. any one or more Articles and/or paragraphs of this Agreement are held invalid
or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles
and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article,sentences,clauses or
parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article,sentence,
clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of
this Agreement in any other instance.
10.12 Conflict Resolution Between Documents. TAMU-CC hereby agrees and acknowledges if anything contained
in TAMU-CC-prepared Exhibit A,TAMU-CC's Scope of Services, or contained in any other document prepared by
TAMU-CC and included herein, is in conflict with the terms of this Agreement, this Agreement shall take
precedence and control to resolve saia conflict.
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CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY—CORPUS CHRISTI
Digitally signed by Dr.
;� Dr. Mayra MayraHough,CRA
iffil�.,/i!/// ,�/L Hough, C RA °5 si:ae'os oo' 10/31/2018
Keit el a Da • Ahmed Mandy Date
Interim City Manager Vice President, Division of Research,
Commercialization and Outreach
6300 Ocean Drive, Unit 5844
Corpus Christi, TX 78412-5844
(361) 825-3881 Office
(361) 825-3920 Fax
ahmed.mandy@tamucc.com
RECOMMEN
�/ LJ - L / •
Mark Van Vle •. e
- - €0,/ r-
�AValerie H. Gray, ^. . at
- ''EE - ' e, or if Puberks
Jeff H. Edmonds, P.E. ate
Director of Engineering Services
APPROVED
90,4%. - 2018.11.02 09:13:39-05'00'
Assistant City Attorney Date
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Fund Name Accounting Account Activity No. Amount
Unit No.
18140-A-3278-
Packery Channel 3278-717 550950 EXP $49,991.00
Total
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Fund Name Accounting Account Activity No. Amount
Unit No.
18140-A-3278-
Packery Channel 3278-717 550950 EXP $49,991.00
Total
Contract for Professional
Services Page 10 of 10
DR.AHMED MAHDY
Vice President foR RESEARCH.
' TEXAS A&M NI V ELS COMMERCIALIZATION AND OUTREACH
,,
'...�^WATU\ 630o OCEAN DRIVE,UNIT 5843
CHRISTIRPUSCHRITEXAS 742-5843
O 36.8:5.3581
September 18, 2018
Ms. Sarah West
Major Projects Engineer
Department of Engineering Services
City of Corpus Christi
City Hall
1201 Leopard St
Corpus Christi, TX 78401
RE: Packery Channel Monitoring Program: Bathymetric Survey/Analysis/Assessment
(PN: 18140A)
Dear Ms. West;
Please find attached the requested statement of work(SOW)and budget for the abbreviated
extent bathymetric channel survey,analysis and assessment at Packery Channel. The survey
extent is from the Deposition Basin(east of HWY 361)to and including the nearshore
surrounding the channel mouth in the Gulf of Mexico. Although the full extent channel
survey is recommended, the cost to conduct the full survey was in excess of the budget limit
defined by City staff. The work is proposed to start as soon as authorization is received from the
City of Corpus Christi. Therefore,the proposed period of effort is suggested as 15 Sep 2018
to 15 Jan 2019.
The fee for the effort described in the attached SOW is $49,991.
TAMUCC appreciates the opportunity to continue to support the City in proactive management
of Packery Channel through the continuation of the Packery Channel Monitoring Program.
Sincerely,
• NO -�
Ahme• andy
EXHIBIT A
Page 1 of 3
Packery Channel Monitoring Program
Statement of Work
Bathymetric Channel Survey from Deposition Basin to Gulf(Does not include inland channel
segment)
Peak Summer 2018
An abbreviated bathymetric survey will be conducted in Packery Channel extending from the
Deposition Basin to and including the Gulf of Mexico around the channel mouth. The survey will
coincide with the anniversary of completion of the construction of the channel (Oct 2006) and will
document the summer peak in shoaling when the highest rate of shoaling and extent of shoals has been
documented in the past. The survey does not include the inland channel segment from HWY 361 to
the intersection of the Gulf Intracoastal Waterway due to budget constraints indicated by City Staff.
Survey:
• (1) Abbreviated Bathymetric Survey: Multibeam sonar in channel and singlebeam sonar in
Gulf
Extent: Deposition Basin to and including the nearshore in Gulf
Analysis and Assessment:
• Quantification of volume of sediment in channel (Deposition Basin to channel mouth)
and change from previous survey
• Identification of shoal location and extent as well as changes from previous survey
• Identification of ebb shoal or other nearshore concerns near mouth as applicable
• Identification of potential navigation hazards
• Partial assessment of timing of next dredge/nourishment event based on volume of sediment
in channel and nourishment requirements (to restore to 200 ft) based on most recent beach
profile survey(Post-Harvey 2017).
Note:
Full dredge/nourishment assessment requires a beach profile survey along the North Padre
Island Seawall to determine volume required to restore to Target Width defined by TGLO and
COE design specifications
Deliverables:
• xyz data and shp (ESRI) files
• Summary report
• Briefing
Budget: Attached including subcontract proposal and budget provided by Naismith Marine
Services.
Signature:
.14"tri
Dr. Ahmed Mandy
Vice President
Division of Research, Commercialization and Outreach
EXHIBIT A
Page 2 of 3
•
Task A— Packery Channel Monitoring Program: Original
Bathymetric Survey, Analysis and Assessment Contract
Task 1 —Conduct Abbreviated Bathymetric Survey $ 37,580
and Q/A QC (Deposition Basin to/including Gulf
Task 2- Conduct Analysis/Assessment and Prepare $ 10,911
Summary Report
Task 3— Briefing and Preparation of Presentation $ 1,500
Task A Subtotal:
$49,991
Total Authorized Fee $49,991
EXHIBIT A
Page 3 of 3
Sample form for:
COMPLETE PROJECT NAME Payment AE Contract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete •
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $000 $250.00 $750.00' $0.00 Tv $0.00 $0.00' $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Service $60002.91.L....1, ,000 00 --5;172T0.-00 $3,250-OG` $1,000.00 r $1500.00 r$2___,5-00700 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00. $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00. $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00, 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
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EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt. Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request
that clearly indicates how a Principals time is allocated and the justification for that
allocation.
PRINCIPAL(S): HOURLY RATE TX REGISTRATION #:
($/h r)
Project Consultant:
CAD Technician:
Clerical:
Other— specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Exhibit B-1
Confidential Rate Sheet
Page 1 of 1
EXHIBIT C
INSURANCE REQUIREMENTS
SPECIAL (TEXAS A&M UNIVERSITY - CORPUS CHRISTI)
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided
with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance Fvritte_i notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,OG0,000 Per Occurrence
including: $1,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/ Completed •')peraticns
4. Contractual Liabi,i.� j
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (�.,it
cluding) I $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Ow
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability ( $500,000/$500,000/$500,000
EXHIBIT C
1 OF 3
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admikted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 clays of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi. TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to co:Pain the forF_owing required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract wldUh: the it}. v it, the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shomtin on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal,
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
EXHIBIT C
2 OF 3
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shai, be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of camages to persons or property resulting from Contractor's or its
subcontractor's performance of the work cov Bred under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by tile City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2018 Insurance Requirements
Engineering
Packery Channel Monitoring Services
10/01/2018 cg Risk Management
Valid Through 1 2/3 1/2018
EXHIBIT C
3 OF 3