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
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- 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.