HomeMy WebLinkAboutC2021-188 - 7/27/2021 - ApprovedOOuP:
City of Corpus Christi and AEP Texas
Streetlight Installation Agreement
LED Conversion Project
AEP Texas and The City of Corpus Christi have mutually agreed to
implement a mass change -out of existing streetlights, and replace them with new
LED street lighting options offered through AEP Texas' Tariffs. Each streetlight
identified, will be replaced with an LED light of equivalent wattage range, as
noted in the attached chart.
It is AEP Texas' intent to start installations in August 2021. This will allow
time to order the required lights, schedule appropriate resources and plan other
operations associated with the project. At the suggestion of the City, AEP Texas
will focus on a mass change -out along Ocean Drive. If procurement of inventory
or scheduling of resources become an issue due to unforeseen circumstances or
weather concerns, AEP Texas will advise the City and resume the project as soon
as it is reasonably able to do so. All work shall be completed by December 2022.
The Corpus Christi LED Conversion project will involve the installation of
523 lights in 2021 and 2022 if necessary. The charge to change out each light is
$137.86 per light. AEP Texas will provide the City with an invoice for $72,100.78
($137.86 x 523 lights) to be payable 30 days prior to commencement of the
project. The $137.86 covers the cost of the average undepreciated value of
existing non -LED light fixtures. Should AEP Texas incur additional installation
costs, the City shall be advised, beforehand and grant the additional payment
approval prior to the streetlight installations. Please note that no lights shall be
scheduled for installation until AEP Texas receives payment.
AEP Texas will hold periodic meetings with the City to provide an update on
the status of the project and discuss any issues that arise.
The City acknowledges that AEP Texas does not provide street lighting
design services, and that AEP Texas will only place replacement LED lights where
instructed by City, to the extent it can do so consistent with Good Utility
Practice. City further acknowledges that the color and light pattern of
replacement LED street lights may be different from the light pattern of
Customer's existing streetlights. The City recognizes that AEP Texas will conduct
its operations in a prudent manner and maintain open communication with the
city throughout the course of this project.
In the event that either party defaults in its performance under this
Agreement, the other party may terminate the agreement by providing the
defaulting party with notice in writing of the default, and providing 14 days for
the defaulting party to correct such default. If the defaulting party does not
correct the default within the 14 day period, the Agreement shall be terminated
and the non -defaulting party is released from any obligations under the
Agreement yet to be performed as of the date of termination. If the Agreement is
terminated prior to completion, AEP Texas shall be entitled to payment in full for
all LED lights installed through the date of termination, and the City shall be
entitled to a refund of any advanced funds that remain unused by AEP Texas as of
the date of termination.
This Agreement shall be construed in accordance with the laws of the State
of Texas. In the event of a contractual dispute hereunder, the parties do hereby
AGREE and STIPULATE that VENUE shall lie in Nueces County, Texas, and such
venue shall not be contested or disputed.
In the event it shall become necessary for any party hereto to file a lawsuit
to enforce this Agreement or any provision herein, the party prevailing in such
action shall be entitled to recover, in addition to all other remedies or damages,
reasonable attorneys' fees incurred in prosecuting or defending such lawsuit.
Acknowledgement for City of Corpus Christi:
By:/ - -'W, f. r
Peter Zanoni, City Manager
City of Corpus Christi
Authorized Signer
Acknowledgement for AEP Texas Inc.:
Julio Reyes, Vice President
External Affairs
Authorized Signer
Attest:
- &LWw_' �
Rebecca Huerta, City Secretary
Approved as to form:
07.29
9 i�11:4 :23-0
Assistant City Attorney
Date:
Date:? " 3 - a k