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Home My WebLink AboutC2020-124 - 2/26/2020 - NA f• Q • FEBRUARY 25,2020 PRIVILEGED&CONFIDENTIAL STATE OF TEXAS § COUNTY OF TRAVIS § FIRST AMENDMENT TO THE AGREEMENT FOR THE ADJUSTMENT OF CITY OF CORPUS CHRISTI MUNICIPAL UTILITIES IN CONNECTION WITH THE US 181 HARBOR BRIDGE REPLACEMENT PROJECT THIS FIRST AMENDMENT (the"First Amendment")to the Agreement for the Adjustment of City of Corpus Christi Municipal Utilities in Connection with the US 181 Harbor Bridge Replacement Project is made by and between the State of Texas("State"),acting through the Texas Department of Transportation("TxDOT")and the City of Corpus Christi,Texas("City"), in order to facilitate the adjustment of municipal utility facilities associated with the US 181 Harbor Bridge Replacement Project. WITNESSETH WHEREAS, TxDOT and the City are parties to the Agreement for the Adjustment of City of Corpus Christi Municipal Utilities in Connection with the US 181 Harbor Bridge Replacement Project, effective as of February 16, 2016 (the"Agreement"); WHEREAS, in the Agreement, as part of its local contribution to the Project, the City agreed to pay all of the City Adjustment Costs, notwithstanding that some of the City Adjustment Costs might normally be reimbursable by the State pursuant to § 203.092 of the Texas Transportation Code; WHEREAS,in the Agreement,the parties agreed to a"preliminary agreed sum"of$8,966,450.00, which was the parties'preliminary estimate of the City Adjustment Costs,based on the preliminary scope and costs available at that time; WHEREAS, Section 3.A.(3) of the Agreement provided that once the scope and costs were finalized, the Agreement would be amended to include the "final agreed sum," which would be the agreed final lump sum for the City Adjustment Costs that the City would pay; WHEREAS, once the scope and costs were finalized, the "final agreed sum" was determined to be substantially in excess of what either party anticipated when the Agreement was executed; WHEREAS, the parties desire to amend the Agreement to provide for a sharing of the City Adjustment Costs, and further desire that this amendment shall constitute the amendment for the final agreed sum contemplated in Section 3.A.(3) of the Agreement; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,to be by them kept and performed as hereafter set forth, TxDOT and City do agree as follows: 1 SCANNED • FEBRUARY 25,2020 PRIVILEGED&CONFIDENTIAL FIRST AMENDMENT TO THE AGREEMENT 1. Definitions The following definitions shall apply to this amendment and all subsequent amendments. Capitalized terms not defined herein shall have the definitions given to them in the Agreement. a. Amendment Effective Date means the date on which this First Amendment is effective, which is the date on which the First Amendment is executed by both TxDOT and the City. b. Final Plans means the plans for the work shown on Exhibit A. 2. Allocation of City Adjustment Costs The parties agree that the final agreed sum for the City Adjustment Costs is $21,000,000.00. The City will pay to TxDOT the amount of$19,924,026, which is the $21,000,000.00 less the amount of$1,075,974.00, which has already been paid by the City to TxDOT, and which will be applied by TxDOT to the City Adjustment Costs. The parties agree that regardless of the final cost to relocate and adjust the City Utilities,the cost to the City will not exceed$21,000,000.00. The City will pay to TxDOT the City Adjustment Costs as follows:(i) $13,282,684.00 will be paid by no later than December 1,2019, and(ii) $6,641,342.00 will be paid by no later than October 1, 2021. 3. Betterments The parties agree that as of the Amendment Effective Date, there are no Betterments either constructed, under construction, or within the scope of the Final Plans. Whether any future requested relocation or adjustment constitutes a Betterment shall be determined in TxDOT's reasonable discretion. TxDOT may, in its sole and unfettered discretion, refuse to perform a Betterment for the reasons stated in the Agreement. In the event Betterments are performed, TxDOT will separately invoice the City periodically for the costs of any Betterments, as the work on the Betterments is performed. The City shall pay such invoices within forty-five(45) days of receipt from TxDOT. 4. Ratification of Agreement Other than as expressly modified or amended in this First Amendment,the Agreement shall remain in full force and effect in accordance with its terms. Additionally, the parties ratify and confirm the Agreement, as such is amended by this First Amendment. 5. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. 2 FEBRUARY 25,2020 PRIVILEGED&CONFIDENTIAL THIS AGREEMENT IS EXECUTED by TxDOT and City in duplicate. TEXAS DEPARTMENT OF CITY OF CORPUS CHRISTI TRANSPORTATION By: Valente Olivarez,Jr., P.E. By: Jeffrey H. Edmonds, P.E. [Printed ame] [Printed Name] App ,� By: �'/ � By: Authorized Signature Duly Authorized Representative Signature District Engineer Director of Engineering Services Date: 3/5/20240 Date: 2/2.10 2ve0 Approved as to form:Z'21-1-1`3 ssistant City Attorney For City Attorney 3 FEBRUARY 25,2020 PRIVILEGED&CONFIDENTIAL EXHIBIT A Final Plans Original Separated Final Utility Package Package IDs Revised RFC Date Location GI G1 3/14/2018 Burleson G3-1 G3-1 3/14/2018 Mestina G3-2 G3-2 3/14/2018 SH 286 NBFR at Lipan G3-3 G3-3 3/14/2018 Caldwell to Comanche G3-4 G3-4 3/14/2018 SH 286 G3-5 G3-5 3/14/2018 Howard G4 G4 3/14/2018 Breakwater G5 _ G5 3/14/2018 Nueces Bay Blvd Gas G6 G6 3/14/2018 Lexington to Noakes G8 G8 3/14/2018 Artesian G9 G9 3/14/2018 Winnebago ii G10 G10-1 3/14/2018 E Port Ave 71 G11 Gil G11.1 10/16/2018 N Port Ave _ G11 Gil G11.2 10/16/2018 Brewster Gil Gil G11.3 12/27/2018 Doss St from Leopard to Mestina St SIGil G11 G11.4 US 181 at Navigation Blvd W1 W1 2/27/2018 US 181 Beach Ave to Elm St W2 W 2-1,2-2 W2-1 12/9/2018 Prop US 181 Avenue F to E Causeway Blvd W3 W-3 W-3 4/5/2018 SH 286 SBFR Mestina to Caldwell St W4 W-4 W-4 4/5/2018 SH 286 SBFR Mestina St to Howard St W5, W6 W-6 W-6 12/9/2018 IH 37 EBFR Van Loan Ave to Nueces Bay Blvd Water W8 W-8 W-8 12/9/2018 IH 37 Lexington Ave to Peabody Ave W9 W-9 W-9 8/12/2019 IH 37 Sam Rankin to Staples St W10 W-10 W-10 12/9/2018 IH 37 at Artesian St Crossing W11 W11 2/27/2018 IH 37 Lexington Ave to Sam Rankin St W12 W-12 W-12 12/9/2018 US 181 W Broadway St to E Port Ave W15 W-15 W-15 12/9/2018 IH 37 Peabody Ave to Nueces Bay Blvd 4 FEBRUARY 25,2020 PRIVILEGED&CONFIDENTIAL WW1, WW2 WW1-1, 1-2 WW3 6/4/2019 Burleson St to Walnut St WW7.1 WW7 US 181 at W. Broadway to SH North North 4/5/2018 286 at Mestina WW7.2 North WW-7 W 1 /27/2018 Wastewater1W Package WW7- est WW7.2 R WW-7 WW-7.1E 2/27/2019 Wastewater Package WW7-East WW8 WW 8 WW g IH 37 Crossing at Nueces Bay Waste Blvd Water WW10 WW-10 WW-10 12/9/2018 IH 37 Alameda St to Staples St WWI 1 WW-11 WW-11 IH 37 Crossing at Artesian St WW13 WW-13 WW-13 12/9/2018 US 181 E Port Ave to W Broadway St 4 WW15 WW-15WW-15 IH 37 EBFR Stillman Ave to * Kennedy Ave W W 16 WW-16, 18 WW-16 1/18/18 IH 37 EBFR N Port Ave to Doss 0 St Fl F-1 F1-1 5/10/2019 IH 37 Lipan St NOTES: 5