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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. Contract for Professional Services Page 2 of 10 • 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. Contract for Professional Services Page 3 of 10 • 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. Contract for Professional Services Page 4 of 10 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. Contract for Professional Services Page 5 of 10 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 Contract for Professional Services Page 6 of 10 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. Contract for Professional Services Page 7 of 10 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. Contract for Professional Services Page 8 of 10 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 Contract for Professional Services Page 9 of 10 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 • 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 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). om v x co S N i3 O co • EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principals time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/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