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Home My WebLink AboutC2024-052 - 3/19/2024 - Approved UTILITY RELOCATION REIMBURSEMENT AGREEMENT This Utility Relocation Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi, Texas ("City") and AEP Texas, Inc., a Delaware corporation (the "Utility"). WHEREAS, voters approved the Rodd Field Road, from Yorktown Boulevard to Adler, improvement project (Project) in Bond 2020, Proposition A; WHEREAS, the Utility, at the City's request, has agreed to perform certain facility modification/relocation work ("Work"); WHEREAS, Utility is the owner of certain facilities located within the proposed right of way for the Project; WHEREAS, Utility has submitted a sworn affidavit and supporting documentation attached as Exhibit A that shows Utility has a property interest prior in time to the City's that requires the City to compensate Utility for reasonable relocation expenses; and WHEREAS, Utility has completed the design of the Work. The plans, specifications and detailed construction estimate is attached as Exhibit B; and WHEREAS, this Agreement sets forth the terms and conditions by which Utility will be reimbursed for qualifying relocation costs. NOW, THEREFORE, the City and Utility agree as follows: 1. Utility agrees to promptly commence the Work upon approval and execution of this Agreement. 2. The estimate for the Work to be performed as shown in Exhibit B is $396,717.00 ("Estimate")which City acknowledges is reasonable. City agrees to compensate Utility for 100°A° of the actual final costs that Utility incurs in its performance of the Work determined in accordance with Utility's standard accounting practices. Such actual final costs may be more or less than the Estimate. Exhibit B is only an estimate of the scope of the Work and the costs of performing the Work. City understands and agrees that the actual scope and cost of performing the Work may deviate from that shown in Exhibit B. 3. Upon completion of the Work, Utility shall submit an invoice to the City that reflects the final actual costs that Utility has incurred in performing the Work. Utility will provide the City, upon request, with receipts and records reasonably required to verify Utility's determination of the final actual costs incurred in performing the Work. Page 1 of 4 SCANNED 4. City shall pay Utility within 30 days of receipt of such invoice, and support documentation if requested. 5. General Terms and Conditions: A. Entire Agreement. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. This Agreement can be amended only by written agreement signed by the Parties. This Agreement supersedes all other agreements between the Parties concerning the subject matter hereof. B. Notice. Any notice given under this Agreement must be in writing and may be given: (i) by depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid; (ii) by depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid; (iii) by personally delivering it to the party, or any agent of the party listed in this Agreement; or (iv) by email. Notice by United States mail will be effective on the earlier of the date of receipt or 3 days after the date of mailing. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: Jeff H. Edmonds, P.E. Director of Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi TX 78401 Email: With Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street, 5th Floor Corpus Christi TX 78401 Email: Utility: AEP Texas, Inc. Attn: Nick Curiel AEP Transmission Right of Way Supervisor AEP Texas 539 Carancahua Street Corpus Christi, Texas 78401 Email: ncuriel@aep.com The Parties may change their respective addresses to any other address within the United States of America by giving at least 5 days' written notice to the Page 2of4 other party. The Utility may, by giving at least 5 days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. C. Severability; Waiver. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Each of the rights and obligations of the Parties hereto are separate covenants. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. D. Applicable Law and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. E. Exhibits, Headings. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. F. Authority for Execution. The City certifies, represents and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. The Utility hereby certifies, represents and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the certificate of formation and organizational documents. G. Relationship of Parties. In performing this Agreement, both the City and Utility will act in an individual capacity, and not as agents, representatives, employees, employers, partners,joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. H. Survival of Terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this agreement. I. Disclosure of Interests.The Utility further agrees to complete and file all statements and disclosures necessary for Utility to comply with the provisions of City Ordinance No. 17112 (codified as Section 2-349 of the City Code) as part of this Agreement. Page 3 of 4 This Agreement becomes effective on the date that the last party signs and shall remain in effect until payment has been made. CITY OF CORPUS CHRISTI AEP TEXAS, INC. 03/20/24 4i(fr.AL_!" 2.7 ZOZ4 J.H. Edmonds, P. E. Date att Gerick Da Director of Engineering Services Director of Custo perience 3/20/2024 slstant City Attorney Date ATTEST V\X J4-031 AUTHORILL► tY room 3 ICI Secretary ate . Arpo sFr Page 4 of 4 Exhibit A Form ROW-U-1A Rev.512016 Page 1 of 2 AFFIDAVIT (for Utility Owner) Project No. 21064 Rodd Field Road (Bond 2020) THE STATE OF TEXAS § COUNTY OF NUECES § BEFORE ME,THE UNDERSIGNED AUTHORITY,on this day personally appeared Nick Curiel,Transmission Right of Way Supervisor for AEP TEXAS INC. ("AEP Texas")who after being by me duly sworn upon his oath deposes and says as follows: 'I, Nick Curiel, am over the age of 18 years and am fully competent to testify to the matters set forth in this Affidavit. I have personal knowledge of all facts and swear that such facts are true and correct. 1. The property at issue is a portion of Lots 1 and 16 in Section 24 of the Flour Bluff and Encinal Farm and Garden Tracts, and a portion of Lots 17 and 32 in Section 25 of the Flour Bluff and Encinal Farm and Garden Tracts, Corpus Christi, Nueces County Texas. The property is located at the intersection of Rodd Field Road and Saratoga Blvd. in Corpus Christi, Texas; 2. I am the Transmission Right of Way Supervisor for AEP Texas, and in that capacity, I am responsible for transmission rights of way in the AEP Texas service area, including specifically transmission rights of way in the Corpus Christi area. I am familiar with the AEP Texas 138 kV transmission line installed on the above- referenced property, including the transmission facilities installed at the intersection of Rodd Field Road and Saratoga Blvd, in Corpus Christi, Texas. I have recently personally inspected these transmission facilities, and can attest to their current condition and state of operation; 3. AEP Texas originally installed, and currently owns, maintains and operates, the above-referenced 138 kV transmission line facilities pursuant to a transmission Right of Way and Easement from Ray E. Peterson and wife, Christiana Peterson, dated February 25, 1974, and recorded in Volume 1495, Page 758 of the Deed Records of Nueces County, Texas; 4. AEP Texas has continuously maintained and operated its 138 kV transmission line facilities at their current location along Saratoga Blvd., including facilities at the intersection of Rodd Field Road and Saratoga Blvd. pursuant to the terms of the above-referenced easement; 5. AEP Texas' 138 kV transmission line facilities along Saratoga Blvd., including facilities at the intersection of Rodd Field Road and Saratoga Blvd.,are currently energized and operating as an integral part of AEP Texas' transmission grid; 6. AEP Texas has continuously maintained and operated its 138 kV transmission line facilities at their current location along Saratoga Blvd., including facilities at the intersection of Rodd Field Road and Saratoga Blvd., since their original construction in 1974 pursuant to the terms of the above-referenced easement. Further affiant sayeth not." (((Nick Curiel, Transmission Right of Way Supervisor AEP Texas Inc. Form ROW-U-1A Rev.512016 Page 2 of 2 Corporate Acknowledgment State of Texas County of Nueces (� This instrument was acknowledged before me on 1"'A r 1 ,2024 by Nick Curiel,Transmission Right of Way Supervisor for AEP Texas Inc., a Delaware corporation, on behalf of said corporation. • rT l Jt>asiea OrAnieNa Zvi** • (/hi-,s , 61...„_- „t My Commission E:pkaa � 9H=/Z026 .s, Notary 1D129577215 Notary ublic's Signature Exhibit B-Pegs 1of2 MP1962177-Benny DWle-Aline Reim Detailed Schedule By BPID • 10Jan-24 11:40 )lack ID Pcbity ID Aapdy Nem o Remaking Skid Rahn 2024 D1eeY0n Jan T Feb ) star I Apr I May I Jun ' Jed MP1962177-Barney Davis-Airline Reloc ProjeetAdministration 138.0d 01-1+w-23A 17,ta24 Key M6aatome. 00.0d 01.Mar.23 A 174.924 101962177 G12 Gate I fudgeled1 0.00 01-Mer23A 07-kla,23A 101962177 SDE Gan 3 Sec of EngM..s4O 0.0d (11aJw-23 A MP1962177 SOC Gee 4-Start 01 Combustion 0.0d 15A4er-24 •Gale 4 Start of C00tey. n MP1962/77 G5 Gate 5 p1 Serest) 0.0d 2e-MY.24 •Cato 5(In Senmw) MP1962177 GB Gate 6(Pgi0ck Closeout) 0.0d 24Jun-24 •Gee 6(Project Closeout) MP1962177 (32 MSFA(Pond Final Punting Approva0) 0.0d 174.824 •MSFA(11 BaeMfm Croatian 138.0d 0I-Noe,23A 1740.24 611111•111111MM Inn. gIIIIIIIMINI Scope Development 0.00 01JJY-23 A OPNov-23A Detail Design 420d 09A4923A 29FA24 U ne EsgMawkp 42.00 09-0aig23 A 29Feb-24 MP1962177 LN-TI£-302 Preliminary Design-Engineer Suppon dung Route 0.0d 31}0c1.211A 30-0d-23 A Son Selector MP1962177 LN-11.E-305 Friel Deign(PLS CAD Model)to Hine Package 0.0d 01.1o..23A 14497.23A Wage MP1962177 LN-1LE-303 Conduct Sod Borings for T-Line Package 0.00 01-Iw-23 A 14�1ov-23A MP1662177 LN-11E-306 Prepare Sled Swdua Psdtegs for Tuna 22.00 14-Nor23A 01-Feb-24 I Prepare Steel Structure Package for Roe MP1962177 LN-TLE-307 Renew Steel Sauceae Package for Tune 5.0d 02Feb-24 06Feb-24 Q Review Steel Structure Pedugs for Hine MP1062177 LN-1LE-318 Prapwe feel Dms*,Pednge(Cowmen S.Od 16Feb-24 22-Feb-24 fZ Prepare Final Design Pec age(Comments Incorporated) lamp meted) 1.4P1462177 tN-TLE-317 Sterna nine IFC Package lo9 hack ONO( 0.0d 29Feb-24 •Subne T-Lhe IFC P uka9e IDS Tract Dash/Atledacbn Patiage At1aYYna Smerge 0.0d 09Aug73 A 07Nor.23 A Procurement 520d 00Je024A 14-b4r.24 MMefW 47.00 06Jen-24A 07-Meo24 Line 47.0d 06-An24 A 07Mar-24 SW1962177 LNarELO06 Tunbucgi 47.00 06.1Yt•24A 0744ef24 I Tr,nturbo Contracts 10.0d 01-Mar-24 144Ma-24 14P1962177 PROJ8 -610 Bid&Avoid Contractor 10.00 01-Mar-24 14-Mar-24 1 1 Bid&Aenrd CanMKSOr Corlsirudlon 20.0d 29FH24 213.94m24 Une Wink 20.0d 29Feb-24 28J4r.24 101962177 LN-CON-0200 Late Survey 123 AmdaOm Compbted by TCR 0.00 211Feb-24 •Les Survey 123 Attestation Completed by TCR MP1962177 LNCON-0000 Lin Connection 10.0d 15-Mr-24 26.Mar-24 t 1 lee Comma:I n - Outages 100d 15-Mar-24 28-Mar-24 MP1962177 Lb-011T-0100 gape Pbodloner(REDID 10.00 15-Mar-24 2B-1 r-2A r 1 Outage pI.l 6OUr(RED IN act_ Ramming Lawlor EIrs. Apyd Work 61•Cntlol Remaining Work Pegs 1 0f 1 TASK Sirs.No LOE ea;d1We displayed.No WBS Summaries Deepeyed. re AWd Lewd Ebert Q Reopening Wak • •Mentor :Oracle Carporslbn ExhibtB-Page 2of2 FIC itritIERICAN IR ROUTING REPORT OWER INSTALLATION Phase(Detail)/Class 4 BPID: A22096001 MPID: MP1962177 CI: TA2209601 CPP: TA2022096 Super Project: TA2022096 Estimate Title: 138_A22096001 BarneyDavis-Airline_Construction/lnstallation_Option B_D.0_CL4 Operating Company: AEPTC Transmission Station Name: COST CATEGORIES ESTIMATED COSTS/$ Direct Internal Labor(Engineering&Field Support) $34,721 Includes Non-Productive,Escalation&Economies of Scale Direct Outside Services(Engineering/Construction Labor) $206,121 •Includes Escalation&Economies of Scale Direct Material $9,292 •Includes Sales Tax,Stores Loading,Escalation&Economies of Scale Fleet(Transportation Loading) $13,469 Contingency $33,188 Includes General Contingencies and Risk-Based Contingencies Total Direct Capital $296,791 Fringe $11,458 Capital Overheads(Standard) $66,012 Includes Construction Overheads,Incentives, Shared Services and General&Administrative(if applicable based on estimate type& resources) AFUDC Debt(Standard) $22,456 AFUDC Equity(Standard) $0 Total Indirect Capital $99,926 TOTAL LOADED COST $396,717 111415� -Within IR Routing,user shall override(Standard)items as indicated above Direct Outside Services Breakdown Direct internal Labor Breakdown Contingency Breakdown External Engineering $118,496 Engineering&Design $34,721 General Contingencies $33,188 Construction Labor $87,625 Field Support $0 Risk-Based Contingencies $0 Estimate Creation Date: 02/13/2024 Estimator. Brandon Kelley Estimate Modified Date: 02/13/2024 Estimate ID: 1015617