11 - Amend Agreement with Nash to increase City's portion of cost sharing for Johnson Woods Creek Drainage ImprovementsItem No. 11
TO: Mayor & City Council
FROM: Grayson Path, City Manager
SUBJECT: NASH Wall
DATE: November 9, 2020
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On July 27, 2020, the City Council approved an agreement with Gary and Rebecca Nash to
partner together in funding the installation of new gabion-style retaining walls in the drainage
way behind their property. The City had performed a sanitary sewer and erosion protection
project in this area, but at the time it was agreed that the Nash's sackrete wall would remain in
place. The sackrete wall subsequently failed. The Nash's and City came to an agreement to
partner together to fund the replacement of this wall. The estimated cost of the project at the
time was $51,175.00. Bids were received on October 1, 2020 and the lowest bid came back
higher than expected, bringing the total project cost estimate to $68,260.00.
STATUS OF ISSUE:
In conversations with the Nash's, the City Manager would like to propose to the City Council
that the City increase its cap total contribution from $25,000.00 to $33,000.00 which helps share
the increase in cost for the project. This will help the Nash's fund their portion of the agreement
and complete this important project. Therefore, an amendment has been prepared to make this
change.
BUDGET:
The City's total contribution would increase by $8,000.00 from $25,000.00 to $33,000.00.
OPTIONS:
1. Accept the proposed amendment and authorize the City Manager to sign.
2. Reject the proposed amendment, thus the original agreement will remain in force.
3. Request additional information.
RECOMMENDATION:
1. Accept the proposed amendment and authorize the City Manager to sign.
STATE OF TEXAS
COUNTY OF LAMAR
AGREEMENT
AMENDMENT
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT AMENDMENT is entered into this Stn day of November, 2020, by and between
GARY NASH AND REBECCA NASH, hereinafter collectively referred to as "NASH", and the CITY OF PARIS,
TEXAS, hereinafter referred to as "CITY".
WHEREAS, on the 22"d day of July, 2020, NASH and CITY entered in to an agreement for the
public purpose to replace NASH's sackrete wall with a gabion wall; and
WHEREAS, on the 1St day of October, 2020, the CITY opened bids from contractors to perform
the work; and
WHEREAS, the lowest bid came back higher than originally estimated, thus raising the estimated
project cost from $51,175.00 to an estimated $68,260.00; and
WHEREAS, the CITY is willing to contribute additional funds to help offset this higher than
expected expense;
WHEREFORE, NASH and the CITY hereby agree to amend the Agreement to increase the CITY's
contribution from TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) by an additional EIGHT
THOUSAND AND NO/100 DOLLARS ($8,000.00) to a total contribution of THIRTY-THREE THOUSAND AND
NO/100 DOLLARS ($33,000.00) with all other terms and conditions of the Agreement to remain as is. All
references in the Agreement of "$25,000.00" are hereby edited to say "$33,000.00."
Executed in duplicates, each of which is deemed to be original and as of the day and date first
written in this Agreement Amendment.
This Agreement Amendment will be effective November 9, 2020.
NASH CITY OF PARIS, TEXAS
Gary Nash By: City Manager
Rebecca Nash
ATTEST: ATTEST: