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Proposed First Amendment to Lopes Road MOU.pdf

Fairfield City Council
April 1, 2025

Document
Proposed First Amendment to Lopes Road MOU.pdf
Meeting
April 1, 2025
Body
Fairfield City Council
Original file
129 KB
Text extracted from the city's file for reading and search. Open the original on pub-fairfield.escribemeetings.com. That file is the official record.

4909-3250-7407 v1

FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING

BETWEEN CITY OF FAIRFIELD AND CITY OF BENICIA

FOR COST SHARING FOR THE LOPES ROAD AND WATER PIPELINE
RECONSTRUCTION PROJECT (FEMA DR-4699-CA)

This First Amendment to Memorandum of Understanding (“First Amendment”) is effective as of _________________, 202 5 (“Effective Date”), and is between the City of Fairfield, a California municipal corporation (“ Fairfield”), and the City of Benicia , a California municipal corporation (“Benicia”). Fairfield and Benicia are referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. Effective December 19, 2023, Fairfield and Benicia entered into a Memorandum of Understanding (“MOU”) regarding cost sharing for the Lopes Road Pipeline Reconstruction Project (“Project”) related to a failure in Lopes Road that broke Benicia’s 36 -inch raw water transmission line and Fairfield’s 30 -inch potable water line, in addition to other underground utilities and other issues. A copy of the MOU is attached hereto as Exhibit A.

B. Section 4 of the MOU provides for the basis of Cost Sharing under the MOU, providing, in part, that at the time of the MOU the details and the costs of the Project were unknown; an d that the Parties may “include this information once determined in a future amendment to the MOU.”
C. Section 12 of the MOU also provides that the “MOU may be amended by written agreement by both Parties, subject to applicable laws and regulations.

D. As of the time of this First Amendment, the details and costs of the Project are better known and the Parties have agreed to cost sharing ratios for the Project. The purpose of this First Amendment is to adopt this further cost sharing agreement.

AGREEMENT
Amendment to Section 4a of the MOU. Section 4a of the MOU is amended and restated as follows:
“a. The Parties have agreed to share project costs as described in Exhibit B to this First Amendment, subject to further written amendments to this Agreement, if any. Among other costs as set out in Exhibit B, the cost sharing ratio for soft costs (design, environmental clearance/permitting, and construction engineering/inspection) are allocated 75% to be paid by Fairfield and 25% to be paid by Benicia.”
Remainder of the MOU’s Terms Unchanged. Subject to the foregoing amendment, the remainder of the terms in the MOU will remain the same and are hereby ratified by the Parties.

Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this First Amendment and to bind the Parties to the performance of its obligations.

Counterparts, Facsimile or other Electronic Signatures. This First Amendment may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. The First Amendment will be 4909-3250-7407 v1
considered executed when th e signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature.
[Signatures on the following page.]

4909-3250-7407 v1

CITY OF FAIRFIELD

David Gassaway, City Manager

Approved as to form:

City of Fairfield, City Attorney

CITY OF BENICIA

Mario Giuliani, City Manager

Approved as to form:

City of Benicia, City Attorney

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