HomeMy WebLinkAboutC2014-209 - 8/19/2014 - Approved July 15, 2014
RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT ("Agreement") is entered into as of the •V day of
At4 s+ , 2014 ("Effective Date"), by and between AEP TEXAS CENTRAL COMPANY , a Texas
corporation, P.O. Box 2121, Corpus Christi, Nueces County, Texas 78403 ("AEPTCC"), and the City of
Corpus Christi, an incorporated municipality, 1201 Leopard Street, Corpus Christi, TX 78469 ("City").
AEPTCC and City may be referred to herein individually as a"Party"or collectively as the "Parties."
RECITALS
WHEREAS, AEPTCC owns transmission easements and rights of way for a 138 KV electric
transmission line, known as the Lon Hill to Medio Creek 138 KV Line ("AEPTCC Line"), that traverse
property owned by City, situated at the O.N. Steven's Water Treatment Plant (WTP) in the State of
Texas, County of Nueces; and,
WHEREAS, City wishes to expand and upgrade its WTP but requires a relocation of the
AEPTCC line to do so, City has requested that AEPTCC relocate the AEPTCC Line from its present
location to a new location on the same property owned by City; and,
WHEREAS, AEPTCC has agreed to the relocation and removal of the existing transmission lines
at City's expense, subject to the terms and conditions hereinafter set forth.
AGREEMENTS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged,the Parties, intending to be legally bound, hereby agree as follows:
1. City shall pay the actual cost of the relocation and line removal referenced above,
including but not limited to, all costs, overhead, and expenses reasonably incurred by
AEPTCC in connection with the relocation and line removal and determined in
accordance with AEPTCC's standard accounting practices. Upon completion of the
relocation and line removal described herein, and after a determination of the final actual
costs that AEPTCC has incurred is completed, the appropriate adjustments shall be
made to true-up the payments made to AEPTCC with AEPTCC's actual costs incurred.
2. City shall make a prepayment to AEPTCC 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. AEPTCC shall have no obligation to
proceed with work applicable to the relocation and line removal until the prepayment is
received. City may elect to cancel further work at any time and incur no additional
expense other than for work already completed (including costs that AEPTCC has
2014-209
8/19/14
M2014-113
AEP Texas Central Company
INDEXED
committed to expend that AEPTCC actually incurs because such costs cannot be
canceled, provided that AEPTCC provides the City with documentation showing that
such costs cannot be canceled and federal tax gross up amounts) through the date of
cancellation. In such event, the unused portion of the prepayment shall be
refunded within sixty(60)days of the final determination of such actual costs, and
thereafter AEPTCC shall have no further obligation under this Agreement.
3. Upon completion of the relocation and line removal, if the actual cost of the relocation
and line removal is less than the estimated costs shown in Exhibit A and prepaid by the
City, AEPTCC will refund the respective difference within sixty (60) days of the final
determination of such actual cost. If the actual cost of the relocation and line removal is
more than the estimated costs shown in Exhibit A and prepaid by the City, AEPTCC
will invoice City for the additional amount owed to AEPTCC, and City shall pay such
amount to AEPTCC within sixty(60) days of receipt of the invoice.
4. The proposed transmission line relocation is shown on the attached Exhibit B. City shall
execute and deliver to AEPTCC new or amended easements and rights-of-way as
reasonably will be required by AEPTCC for any new line or portion of line required to
complete the relocation. AEPTCC shall have no obligation to authorize any
construction work until City executes and delivers to AEPTCC such new or amended
easements in a form reasonably satisfactory to AEPT, including exhibits showing a plat
of the easement running over, across, and through the City property, prepared by an
approved Registered Professional Land Surveyor (RPLS). AEPTCC will prepare the
documents necessary to amend the easements.
5. AEPTCC will obtain any and all permits, approvals, clearances or applications
involving the relocation and removal deemed necessary by any agencies or governmental
bodies, including all permits and approvals required by the Public Utility Commission of
Texas (PUCT) and the Energy Reliability Council of Texas (ERCOT) for clearance to
interrupt service on the affected transmission lines. City shall provide all reasonable
assistance requested by AEPTCC to secure such permits, approvals, clearances and
applications. AEPTCC shall have no obligation to proceed with any work until all
permits, approvals, clearances and applications are obtained, and if such permits,
approvals, clearances and applications cannot reasonably be obtained,or are subsequently
withdrawn, then AEPTCC shall be under no obligation to perform the relocation or line
removal, and this Agreement shall be null and void.
6. In the event that AEPTCC cannot relocate any portion of the Lon Hill to Medio Creek
138 KV Line("AEPTCC line")within the WTP property boundaries and is
required to locate the lines, poles, or equipment outside the WTP property
boundaries City agrees to reimburse AEPTCC for any future expenditures required
by AEPTCC to relocate any such lines, poles, or equipment only if it is to support the
relocation of the Lon Hill to Medio Creek 138 KV Line ("AEPTCC line").
7. AEPTCC MAKES NO WARRANTIES WITH RESPECT TO THE WORK
AND AEPTCC HEREBY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED,CONCERNING THE WORK,INCLUDING WITHOUT
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LIMITATION THE MERCHANTABILITY OR FITNESS OF THE WORK FOR
ANY PARTICULAR PURPOSE.
8. TO THE EXTENT PERMITTED BY LAW,THE CITY SHALL INDEMNIFY,
HOLD HARMLESS AND DEFEND AEPTCC,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 WORK,INCLUDING REASONABLE
ATTORNEYS FEES AND ALL OTHER COSTS OF LITIGATION.
9. AEPTCC SHALL INDEMNIFY,HOLD HARLMESS 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 AEPTCC,ITS OFFICERS,
AGENTS EMPLOYEES OR REPRESENTATIVES RELATED TO THE
WORK,INCLUDING REASONABLE ATTORNEY FEES AND ALL OTHER
COSTS OF LITIGATION.
10. 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 WORK OR FROM ANY OTHER BREACH OF
THIS RELOCATION AGREEMENT.
11. This Agreement shall be interpreted in accordance with the laws of the State of Texas,
without recourse to its conflict of law provisions.
12. The Parties will comply with all applicable laws, regulations, and codes governing the
work associated with the relocation and line removal.
13. This Agreement is the sole and only agreement of the Parties relating to the subject
matter hereof and supersedes any prior understandings or written or oral agreements with
respect to the subject matter hereof.
14. No amendment, modification or alteration of the terms of this Agreement shall be binding
unless it is in writing, dated subsequent to the Effective Date, and duly executed by the
Parties hereto.
15. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same
instrument.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date.
[The Remainder of this Page Intentionally Left Blank. Signatures Pages follow.]
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City of Corpus Christi
•
By: Ittitri • 'I�
y
STATE OF TEXAS §
COUNTY OF NUECES §
instrument was acknowledged bef1o�e me on this Q� day of
, 2014, by I�al,rim 4.( zay
AilThuzfforegoing
of City of Corpus Christi., on behalf if the incorporated
municipality.
WITNESS my hand and Notarial Seal the day and year first above written.
4 _ ,�PAY GLENDA L. GRASZ
'7 `c': Notary Public ' e 4 / 4-S/-
`A • STATE OF TEXAS ■
P My Comm. Exp. 05-07-2016 ► otary Public
4 FOF ... . .
RECO4 NDED APP V 9(<4,(
Op; ating Department • Date Office of Management& Budget Date °51
APP' rVED A O LEGAL FORM S 847//‘-(1 ' : ' '
Cr -rzle-la-e-C--Ca Assist-nt ity Attorney gate Rebecca Huerta, City Secretary Date
for City Attorney
Project No: E10187
Fund Source No:550910-4093-00000-E10187
Fund Name: Water 2013 CIP ICS
Encumbrance No: '
-1. 31. 14 12-13 I `1 1 ( ; TMU ict►
5 1Y COUNCIL 19I
SECRET/1*N,—
AEP TEXAS CENTRAL COMPANY
By:
Thomas Schaffer
Manager, Transmission Right of Way
American Electric Power Service Corporation,
Authorized Signer
STATE OF OHIO §
COUNTY OF FRANKLIN §
The foregoing instrument was acknowledged before me on this a 3 day of
, 2014, by Thomas Schaffer, Manager of Transmission Right of Way for American
E ectric P er Service Corporation, as Authorized Signer for AEP Texas Central Company, a Texas
corporation, on behalf of the corporation.
WITNESS my hand and Notarial Seal the day and year first above written.
-12;AAllt 4241(1--1214—'
Notary Public
6
•
EXHIBIT A to City/AEPTCC Relocation Agreement
Scope and Cost Estimate for Relocation Work
1. Scope of Relocation Work
• Transmission Line Relocation.
• Transmission Line Removal (including all poles and their parts up to 8 feet below grade
as well as site clearance after construction completion; if the City needs AEP to remove
more pole parts deeper than 8 feet below grade, the City will request an amended
contract from AEPTCC).
2. Cost Estimate for Relocation Work
$3,042,500.00
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EXHIBIT B to City/AEP Texas Relocation Agreement
The proposed transmission line relocation path at ONSWTP
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r<Gala" ler $ :•° .
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300
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• ° 3 730
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305
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8
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
wn.r
City of CITY OF CORPUS CHRISTI
C a 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. Every.question must be answered.
If the question is not applicable, answer with `NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: AEP Texas Central Company
P.O.BOX: 2121
STREET ADDRESS: CITY: Corpus Christi ZIP: 78403
FIRM IS: 1. Corporation .5- 2. Partnership 3. Sole Owner ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
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)
Hit
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
1
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
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."
Name Consultant
•
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 Sky of Corpus Christi,Texas as changes occur.
Certifying Person: , :14 Cart♦I'7"�ie� Title: '04,4 4C�ei[iv�Y!
(Type or Print) /40.0.0'
Signature of Certifying /,' 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.