HomeMy WebLinkAboutC2012-375 - 10/23/2012 - ApprovedAGREEMENT
for
PROFESSIONAL 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, and AEP Texas
Central Company, ("AEP TCC"), acting through its duly authorized representative who is David A. Hawk,
which agree as follows:
1. DECLARATIONS. "CITY" desires to engage "AEP TCC" to provide services in
connection with City's project, described as follows: ON Stevens Water Treatment Plant AEP
Transmission Line Relocation, Project No. E10187 'Project".
2. SCOPE OF WORK. "AEP TCC" shall provide services for the PROJECT in accordance
with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A".
3. FEE. The "CITY" agrees to pay the "AEP TCC" for services provided in accordance with
Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $400,000.00
(in figures), (Four Hundred Thousand Dollars Dollars and Zero Cents ) (in words).
4. INDEMNIFICATION AND HOLD HARMLESS. "AEP TCC" agrees to indemnify, save
harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth and
mutually agreed upon in "Exhibit A", page 3.
CITY OF CORPUS CHRISTI
5 - scar R. Martinez (Date)
Assistant City Manager
AEP TEXAS CENTRAL COMPANY
David A. Hawk (Date)
Manager Rates
P.O. Box 2121
Corpus Christi, Texas 78403
(361) 881-5317
RECOMMENDED:
DaniEP(Bile
, P. E.,
(Date)
Dire
Engin ing Services
Project Number: E10187
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Water 2012 CIP Fund
Funding Source: 550950-4088-00000-E10187
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nzalez, P.E.
(Date)
Encumbrance Number:
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CADOCUMENTS AND SETTINGS\CO33796 M
"41 Do "AEP Texas Central Company
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CUSTOMER SERVICES
P.O. Box 2121, Corpus Christi, Texas 78403
September 10, 2012
Mr. Dan Bites, P.E.
Director of Engineering
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78469
Re: Preliminary Engineering and Survey Work associated with the Relocation of the
Lon Hill to Medio Creek 138 KV Transmission Line on the O.N. Stevens Water
Treatment Plant
Dear Mr. Bites:
This letter agreement ("Preliminary Agreement") sets forth the terms and conditions
under which AEP Texas Central Company ("AEP Texas") will proceed with the preliminary
engineering, survey and design work described in the attached Exhibit A ("Preliminary Work")
in connection with the AEP Texas 138 KV Lon Hill to Medio Creek Transmission Line
("Transmission Line") relocation in connection with the City of Corpus Christi's ("City") O.N.
Stevens Water Treatment Plant ("WTP') Raw Water Influent Improvements Project No. 8643
("WTP Project"), The WTP is located on Leopard St. at Hearne Road in Corpus Christi, Nucces
County, Texas. The relocation will require the construction of a new section of 138 kV
transmission line and the relocation of existing distribution lines by AEP Texas. AEP Texas and
City recognize that substantial additional work beyond the scope of this Preliminary Agreement
will need to be performed by AEP Texas in order to relocate the Transmission Line to the
western perimeter of the City's property; and AEP Texas and City will continue to use diligent
good faith efforts to negotiate the terms of a relocation agreement ("Relocation Agreement") for
the performance of that additional work. However, to facilitate City's work schedule for the
WTF Project, AEP Texas and City have agreed to perform some critical path preliminary
engineering and survey work pursuant to the terms of this Preliminary Agreement pending
completion of such a Relocation Agreement. This proposal to perform the Preliminary Work will
expire on November 30, 2012, if City has not agreed to its terms by property executing and
returning a copy of this Preliminary Agreement (and delivering payment of the estimated cost of
performing the Preliminary Work) to AEP Texas before that date.
AEP Texas has agreed to commence the Preliminary Work at the City's request and upon
City's execution and delivery of this Preliminary Agreement and payment of the estimated cost
EXHIBIT "A"
Page 1 of 4
of performing that work to AEP Texas. City shall make a prepayment ("Prepayment") to AEP
Texas based on the preliminary estimated costs shown in the attached Exhibit A. City shall pay
the Prepayment within thirty (30) days of execution of this agreement by both parties. AEP
Texas shall have no obligation to proceed with work applicable to the relocation and line
removal until the Prepayment is received. The proposed transmission line relocation and the
existing transmission line removal are shown on the attached Exhibit B.
City agrees to reimburse AEP Texas for all actual costs AEP Texas reasonably incurs in
performing the Preliminary Work (including any federal tax gross up amount resulting from
City's payments to AEP Texas) determined in accordance with AEP Texas's standard
accounting practices. City will initially compensate AEP Texas for the Preliminary Work in
accordance with AEP Texas's cost estimate as shown in Exhibit A, which City acknowledges is
reasonable, However, Exhibit A reflects only estimates of the scope and cost of performing the
Preliminary Work City understands and agrees that the actual scope and cost of perfornaing the
Preliminary Work may deviate from that shown in Exhibit A. If the actual costs incurred exceed
the Prepayment, AEP Texas will invoice City for the additional amount owed to AEP Texas, and
City shall pay such amount to AEP Texas within sixty (60) days of receipt of the invoice. Upon
completion of the Preliminary Work, the relocation and removal of the lines, and the
determination of the final costs that AEP Texas has incurred in Performing the Preliminary Work
and the relocation and removal of the lines, the appropriate adjustments shall be made to true-up
the payments made to AEP Texas with AEP Texas's actual costs incurred.
If the relocation is determined not to be feasible as shown on Exhibit B, AEP will work
with the City to resolve the issue. If the issue cannot be resolved, another transmission line route
or deviation in the line route would have to be considered. If so, AEP Texas would provide City
with additional cost estimates and scope of the additional work for their approval subject to the
same terms as in this Preliminary Agreement,
City may cancel this Preliminary Agreement at any time upon written notice to AEP
Texas. However, if City cancels this Preliminary Agreement, City shall pay AEP Texas for all
actual costs that it has reasonably incur (including costs that it has committed to expend that
AEP actually incurs because such costs cannot be cancelled, provided that AEP provides the
City with documentation showing that such costs cannot be canceled, and federal tax gross up
amounts) related to the Preliminary Work through the date this Preliminary Agreement is
canceled. In such event, the unused portion of the Prepayment shall be refunded within sixty
(60) days of the final determination of such actual costs.
City agrees to meet with AEP Texas and provide such information and assistance (at no
cost to AEP Texas) as AEP Texas may request iii connection with the performance of the
Preliminary Work.
AEP TEXAS MAKES NO WARRANTIES WITH RESPECT TO THE
PRELIMINARY WORK AND AEP TEXAS HEREBY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRELIMINARY
WORK, INCLUDING WITHOUT LIMITATION THE MERCHANTABILITY OR
FITNESS OF THE PRELIMINARY WORK FOR ANY PARTICULAR PURPOSE.
EXHIBIT "A"
Page 2 of 0 1
TO THE EXTENT PERMITTED BY LAW, THE CITY SHALL INDEMNIFY,
HOLD HARMLESS AND DEFEND AEP TEXAS, AND ITS AGENTS, EMPLOYEES,
SUBCONTRACTORS, OFFICERS AND ASSIGNS FROM ANY AND ALL
LIABILITIES, COSTS AND CLAIMS ASSOCIATED WITH AND ARISING OUT OF
OR INCIDENTAL TO THE NEGLIGENT ACTIONS OR OMISSION OF THE CITY,
ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. RELATED TO
THE PRELIMINARY WORK, INCLUDING REASONS ATTORNEYS FEES AND ALL
OTHER COSTS OF LITIGATION,
AEP SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF
CORPUS CHRISTI AND ITS OFFICERS, AGENTS, EMPLOYEES, AND
REPRESENTATIVES FROM ANY AND ALL LIABILITIES, COSTS AND CLAIMS
ASSOCIATED WITH AND ARISING OUT OF OR INCIDENTAL TO THE
NEGLIGENT ACTIONS AND OMISSIONS OF AEP, ITS OFFICERS, AGENTS
EMPLOYEES OR REPRESENTATIVES RELATED TO THE PRELIMINARY WORK,
INCLUDING REASONABLE ATTORNEY FEES AND ALL OTHER COSTS OF
LITIGATION,
THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE FOR
ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF PRODUCTION
CAPACITY RESULTING FROM THE PERFORMANCE OR FAILURE TO PERFORM
THE PRELIMINARY WORK OR FROM ANY OTHER BREACH OF THIS
PRELIMINARY AGREEMENT.
Sincerely,
Vincent Deases, RE.
Principal Engineer
cc: David Hawk -AEP
Agreed and accepted:
City of Corpus Christi
Agreed and accented:
AEP 'I
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
ET "A"
of
M�M
Scope and Cost Estimate for Preliminary Work
I . Scope of Preliminary Work
• Preliminary survey work.
• Preliminary ROW and easement work,
• Preliminary Transmission Line Design.
• Preliminary Distribution Line Design
• Determination of Cost estimates for transmission and distribution line relocation and
removal of existing transmission line.
• Interface with City and its engineering consultant.
2. Cost Estimate for Preliminary Work ,
S400,000
4
E XHIBIT "A"
EXHIB
P
P ag e of 4
NOTE: THE DOUNDARY/PROPERTY INMRMATON' SHOWN HERLwN 1,5
APPROXIMATE, BASED ON THE BES7 KVAILAST INFORMATION, AN
IS INTENDED FOR PLANN,NC- PURPOSES ONLY; 7 INFORMAT[ON
uIOEG NO", `,S ANY WAI CON` AN ON THE GR3'jND
RIRVIFY Of THE OWNERSHIP'S BOUNDARY/PROPERTY [,[Ns"S,
PROPOSEC
DISTRIBUTION LINE
REROUTE
EXISTING DISTRIBU7
LINE TO BE REMOVED
y , I
DRAWN Ellr:
Y . LUNG
DATE:
JUNE 22, 2012
AMERICAN2
ENGINEERS • SURVEYORS
City of Corpus Christi
LON HILL
TO MEDIO
CREEK
REROUTE PROJECT
AEP TEXAS
CENTRAL
COMPANY
CORPUS
CHRISTI,
TEXAS
PROPOSED
TRANSMISSION LINE
0j
ROUTE
EXISTING DISTRIBU7
LINE TO BE REMOVED
y , I
600' 300' 0 600'
�JNCDSmuen
DRAWN Ellr:
Y . LUNG
DATE:
JUNE 22, 2012
AMERICAN2
ENGINEERS • SURVEYORS
V
LON HILL
TO MEDIO
CREEK
REROUTE PROJECT
AEP TEXAS
CENTRAL
COMPANY
CORPUS
CHRISTI,
TEXAS
600' 300' 0 600'
�JNCDSmuen
DRAWN Ellr:
Y . LUNG
DATE:
JUNE 22, 2012
AMERICAN2
ENGINEERS • SURVEYORS
DRAWING NAML
11 Pfa nni "— d wq
ELECTRIC
POWER
EXHIBIT "B"
Page 9 of
SUPPLIER NUMBER
TO BE ASSIGNED BY
� = PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
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. Every question must be answered. If the question is
not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and
definitions. C,
COMPANY NAME: AEP Texas Central Company
P. O. BOX: 2121
f«lf I I'll
CITY. Corpus Christi ZIP: 78403
FIRM IS: 1 Corporation X 2. Partnership I Sole Owner E]
4. Association ❑ 5. Other R
DISCLOSURE PUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. 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)
N/A
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
N/A
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
N/A
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."
z:1
Name Consultant
N/A
M IT "C"
E XHIBIT
Pa se 1 of 2
I
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 generator 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)]
signed
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: David A. Hawk Title: Manager Rates
(Type or Print) A
Signature of Certifying Date:
Person: 1_2UI11111 ZVZZ/ - c-
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,
Z�
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
C,
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.
E IT "C"
EXHIBIT
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