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HomeMy WebLinkAboutC2021-208 - 6/8/2021 - Approved STATE OF TEXAS § COUNTY OF NUECES § MEMORANDUM OF UNDERSTANDING FOR THE REMOVAL OF HARBOR BRIDGE LIGHTING THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into by and between the City of Corpus Christi ("City") and the Port of Corpus Christi Authority ("Port") (the parties jointly referred to as the "Local Governments"), each acting by and through their duly authorized officers, and the State of Texas, acting through an authorized signatory of the Texas Department of Transportation ("State"). WHEREAS, the State and the Local Governments previously executed a contract on January 10, 2011 [State Contract Reference - CSJ: 0101-06-051; CS Log 2011-989; Project BR 2002 (454)], to construct, install, operate, and maintain the decorative lighting system on the Harbor Bridge located on U.S. Hwy 181 in Corpus Christi ("Harbor Bridge Lighting System"); WHEREAS, the Harbor Bridge Lighting System has reached the end of its useful life, and the parties have collectively determined that the Harbor Bridge Lighting System requires removal to preserve the public's safety; WHEREAS, the removal of the lighting system is in the best interest of all parties, for the benefit of the public, and provided for with payment that fairly compensates for the services performed; and WHEREAS, the parties desire to memorialize their understanding and enter into this binding agreement, in accordance with Chapter 791 of the Government Code, to apportion the tasks and costs required to effectuate the removal of the Harbor Bridge Lighting System; NOW,THEREFORE, in consideration of the mutual covenants and promises of each of the parties to this Agreement,the State and the Local Governments agree as follows: Article 1. Preamble Incorporation. The preamble and recitals stated above are incorporated by reference into the body of this Agreement. Article 2. Term.This Agreement is effective upon execution by the last signatory to this Agreement ("Effective Date") and terminates one year after the Effective Date, unless the term is amended and further extended in writing by the parties. Article 3. Project Cost; Duties of Parties. A. The City has obtained a price quote of$448,725 from a State-certified contractor ("Contractor") for the dismantling, removal, and disposal of the Harbor Bridge Lighting System (the "Project"). A copy of the quote has been provided to each party, is attached to this Agreement as Exhibit A, and is incorporated by reference into this Agreement as if fully set out here in its entirety. For the purposes of this Agreement,the Project includes all costs,charges,and fees necessary to dismantle, remove, and dispose of the components of the Harbor Bridge Lighting System including, but not limited to, the fixtures, drivers, conductors, cables, LED modules, conduit, struts, PVC attachments, and hardware. The City shall engage the Contractor to complete the Project, incur the expense on behalf of all parties, and make payment to the Contractor pursuant to a separate contract between the City and Contractor. Page 1 of 4 SCANNED B. As agreed in advance by the parties, each party shall be financially liable for one-third of the total cost of the Project. Each party shall satisfy any obligation to achieve completion of this Project from current revenues available to that party. In exchange for the City's full payment to the Contractor to complete the Project, the State and Port may satisfy their financial obligation to the City for their respective shares of the Project cost by either making payment to the City or by contributing in-kind services equivalent to $149,575 each. Article 4. In-Kind Contribution of Services. A. Port: In exchange for the City's payment to the Contractor for the Port's portion of the Project cost, the Port shall accept 19,400 cubic yards of dredge material from the City's Marina and/or breakwater areas ("Dredge Material") for placement in the Port's permitted Rincon B West Dredge Material Placement Area (DMPA) or in an alternate permitted DMPA, as determined by the Port. The volume of the Dredge Material is based on a per cubic yard price of $7.71, and no additional charges or fees will be due from the City nor its dredging contractor for placement of the 19,400 cubic yards of material into the Port's DMPA. Delivery of the Dredge Material shall be completed by the City's dredging contractor in one or more loads. While the calendar dates for the delivery of the Dredge Material are presently unknown to the parties, completion is anticipated to occur within the term of this Agreement. The Port and City agree that any volume of Dredge Material placed into the Port's DMPA in excess of 19,400 cubic yards shall be subject to the Port's standard dredge material placement fee of $7.71 per cubic yard. The Port and the City will execute a separate License for Deposit of Dredged Material ("Dredging License") using the Port's standard form of Dredging License stating the terms and conditions of the City's use of the Port's DMPA. B. State: In exchange for the City's payment to the Contractor for the State's portion of the Project cost, the State shall perform and complete the following roadway work: base and pavement repairs to Leopard Street from McKenzie Road to Up River Road ("Services") having an equivalent value of TXDOTs share of the cost of the Project. While the exact locations to be repaired within the identified roadway area are presently unknown to the parties, TXDOT shall finalize the specific locations for the performance of the Services and notify the City of the locations within 30 days of the final execution of this Agreement, with completion of the Services by TXDOT to occur within the term of this Agreement. Article 5. Annual Appropriations & Current Revenues. The parties mutually understand and agree that funding (whether for direct payments or in-kind contribution) is subject to annual appropriations and that each fiscal year's funding must be included in the budget for that year by each party's governing body. Article 6. Amendments. Any amendments to this Agreement must be in writing and executed by authorized representatives on behalf of each party. Article 7. Notices. Any written communication from any party must be provided by First Class mail to all other parties at the following addresses: City of Corpus Christi Port of Corpus Christi Authority TX Dept. of Transportation Attn: IT Director Attn: CEO Attn: Valente Olivarez, Jr., P.E. 1201 Leopard St. 222 Power Street 1701 S. Padre Island Dr. Corpus Christi, TX 78401 Corpus Christi, TX 78401 Corpus Christi, TX 78416 Article 8. Compliance with Laws. All parties agree to comply with all applicate municipal, state, and federal laws, regulations, and rules that pertain to each party's performance under this Agreement. Article 9. Legal Construction. If one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, Page 2 of 4 illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. Article 10. Authority to Execute. The signatories to this Agreement each warrant that they have authority to enter into this binding Agreement on behalf of the party or organization represented. (SIGNATURE PAGE FOLLOWS) Page 3 of 4 Executed by the parties in counterparts, each of which is deemed an original but all of which, when taken together, constitute one and the same agreement. CITY OF CORPUS CHRISTI Approved .s to form: 6/ . P anoni, C ger (l .a a/ - 01/4(1.64 Date: 1 Assistant City Att. For City Attorney PORT OF CORPUS CHRISTI AUTHORITY dal ATTEST: ReAO-Q-- II • REBECCA HUERTA 4.4 Sean Strawbridge, Chief Executive Officer CITY SECRETARY Date: June 22, 2021 1 V+ ^ AUTHORIA r :Y rOtINCIL TEXAS EPARTMENT OF TRAN -TATION .UL, L,45 6 /• I gEGRETAly ature Va 1 evitavare z - Jr . Printed Name Date: ( 2 7.1U Page 4 of 4