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HomeMy WebLinkAboutC2015-268 - 9/17/2015 - NA SMALL NE AGREEMENT for Architect/Engineer Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("CITY ENGINEER"), and ReSolved Energy Consulting, LLC, a Texas corporation, acting through its duly authorized representative who is Karl J. Nalepa, Partner"CONSULTANT", which agree as follows: 1. DECLARATIONS."CITY"desires to engage"CONSULTANT"to provide services in connection with City's project, described as follows: City of Corpus Christi Gas Department 2015 Large Volume User Rate Development(Project No. E15173) "PROJECT". 2. SCOPE OF WORK. "CONSULTANT"shall provide services for the"PROJECT"in accordance with the accompanying Letter, Scope of Services, and Fee attached as Exhibit"A". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit"A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $6,000.00 (in figures), (Six Thousand Dollars and Zero Cents) (in words). Monthly invoices will be submitted in accordance with Exhibit 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit"C". 5. OWNERSHIP OF DOCUMENTS. All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by the Consultant without the express terms written consent of the Director of Capital Programs. However, the Consultant may use standard details that are not specific to this project. CI •li ORP S I CYCi1 RESOLVED N RGY CONSULTING, LLC 4,/,,,, z. - I ate) - H. Gray, (Date) Karl J. N� a, Part �r ( Exec e Director of P blic Works 11044 Res-arch Blv•., Suite A-420 Austin, TX 78759 (512) 331-4949 ext. 105 Office RE.51,11"OMMENDED (512) 331-5743 Fax (iviA101, TkistititIA/KI 913+K Deb ie Marroquin, P. E. (Date) Director of Gas Operations APPROVED AS TO LEG • L FORM Z / Yr 14-i-5 A istant City Attorney I (Date) for City Attorney 2015-268 9/17/15 ReSolved Energy Consulting LLC V� INDEXED S DEPARTMENT 2015 LARGE VOLUME USER RATE DEVELOPMENTE AGREEMENT RESOLVED ENERGY CONSULTING.DOC s : APPR VED � u 'Li— W 115' Office of Management and Budget (Date) Project Number: E15173 Accounting Unit: 4130-34000-022 Account: 530000 Activity: E15173 01 4130 EXP1 4 Account Category: 30000 Fund Name: Gas Fund Encumbrance Number: K:\ENGINEERING DATAEXCHANGE\VELMAP\GAS\E15173 GAS DEPARTMENT 2015 LARGE VOLUME USER RATE DEVELOPMENT\AE AGREEMENT RESOLVED ENERGY CONSULTING.DOC • Scope of Services To Develop a Large Volume User Rate For The City of Corpus Christi Gas Department Submitted by ReSolved Energy Consulting,LLC The City of Corpus Christi Gas Department ("CCGD") seeks to develop a delivery rate for large volume users taking natural gas at higher than distribution pressures. ReSolved Energy Consulting, LLC ("REC") submits the following work plan outline to assist the CCGD in developing a new large volume user rate that is reflective of current market conditions for implementation by the CCGD. Scope of Services A. Review Current Cost of Service Data for Existing Distribution Rates REC will review cost of service data maintained by CCGD related to existing distribution rates to identify to the extent possible high pressure and low pressure components of the system. CCGD will provide available cost of service studies previously performed by or for CCGD and current system budget and cost data to support this analysis. B. Review Other Large Volume User Rates REC will obtain and review publically available rates for large volume users on other pipeline systems to determine current market rates for large volume service. C. Prepare Large Volume User Rate REC will develop a large volume user rate based on the cost data provided in Task A and our own experience. REC will compare the rates obtained in Task B to the CCGD rate to ensure the CCGD rate is competitive with other large volume service providers. D. Prepare Summary Report REC will prepare and provide to CCGD a report summarizing our findings and recommendations.The report will be prepared in consultation with CCGD staff. EXHIBIT"A" Page 1 of 2 Professional Services Agreement ReSolved Energy Consulting, LLC and City of Corpus Christi Gas Department Anticipated Timing and Budget REC intends to complete this assignment within three weeks of receipt of the data requested under Task A. This scope of services anticipates one trip to the City of Corpus Christi to present the report findings and recommendations to CCGD staff and/or City Council. REC will bill monthly on an actual time and expense basis with supporting documentation of activities performed, hours worked, and expenses incurred. REC recommends a budget of$6,000 be established for the work as outlined above. REC will not exceed the recommended budget without the prior approval of CCGD. EXECUTED this day of ,2015. AUTHORIZED BY: ACCEPTED BY: CITY OF CORPUS CHRISTI RESOLVED ENERGY CONSULTING, LLC GAS DEPARTMENT By: By: Title: Title: EXHIBIT"A" Page 2 of 2 Sample form for: Payment Request COMPLETE PROJECT NAME Revised 07/27/00 Project No. XXXX Invoice No. 12345 • Invoice Date: Total Amount Previous Total Percent • Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 - 23% X on = CD ari0 00 Exhibit "C" Mandatory Requirements INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. EXHIBIT "C" Page 1 of 1 GillQ SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City o CITY OF CORPUS CHRISTI o t; DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Everyquestion must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: ReSolved Energy Consulting,LLC P.O.BOX: STREET ADDRESS: 11044 Research Blvd.,Suite A-420 CITY: Austin,TX ZIP: 78759 FIRM IS: 1. Corporation = 2. Partnership j 3. Sole Owner ❑ 4. Association 5. Other K 1. ►t V.510 :i t� _•A i k\ (u ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. j. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) Wigs 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 NONE 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 e.) - 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." • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or 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 Christi,Texas as changes occur. Certifying Person: Karl J. Nalepa Title: Partner (Type or Print) Signature of Certifying ' ` 1 ,1 ,• Date: Person: DEFINITIONS a. "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 on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, 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 Judges 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 or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.