HomeMy WebLinkAboutC2006-600 - 10/31/2006 - ApprovedTHIRD AMENDMENT
TO THE
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NEIGHBORHOOD CENTERS OF CORPUS CHRISTI, INC.
This third arnendment ("Third Amendment") is made by and between the City of Corpus Christi
~"City"} and the Neighborhood Centers of Corpus Christi, Inc. ("SubrecipienY').
WHEIREAS, the City and the Subrecipient executed an agreement ("AgreemenY'), which was
appra~red by the City Council on July 23, 2002 (M2002-228), for the purpose of utilizing the
City's FY02 Community Development Block Grant ("CDBG') Program funds;
WHEREAS, the scope of work to be completed by the Subrecipient was amended by execution
of a First Amendment and a Second Amendment;
WHEREAS, the Subrecipient was granted additional CDBG Program funds for FY05; and
WHE~EAS, the City and the Subrecipient desire to further amend the scope of work and the
site I~ation of the property to be improved and to reinstate and modify the term of the
Agreement by execution of this Third Amendment.
Sect~n 1. Section I, subsection ~ 1, of the Agreement is deleted and replaced with the
follov~ng language
` 1,1 Scope of Work. Subrecipient, through its contractors and subcontractors,
shall design and construct a new facility by Juty 31, 2007, to be utilized by low and
moderate income individuals and families, on real property to be owned by the
Subrecipient and located at the corner of 18~h Street and Marguerite Street, in the
city of Corpus Christi ("Improvements"). For the purposes of this Agreement, the
#erm "Facility" or "Facilities" collectively includes the above-mentioned real property
and any improvements located thereon as of the date of the SubrecipienYs execution
of this Agreement and includes, where appropriate and in context, the proposed
Improvements to be constructed with the funding provided under this Agreement. All
Improvements must be constructed in accordance with the plans and specifications
t""Plans") prepared by the SubrecipienYs registered architect or licensed professional
engineer retained pursuant to subsection 7.3. No construction may commence until
the Plans are approved by the Administrator or the Administrator's designee
1"Administrator") of the Clty's Community Development Division ("CDD") and by the
City's Development Services Department ("Development Services")."
Section 2. Section I, subsection ~ 2, of the Agreement is deleted and replaced with the
following ianguage.
"1.2 Subrecipient Match Requirements. The Subrecipient shall provide $10,000 in
matching funds for the construction of Improvements. If the Subrecipient is required
under this Agreement to meet a matching funds requirement and fails to meet any
2006-6Q0
10/31 /006
M2006-346
Neighhorhood Centers of ('(
portion of the requirement, the SubrecipienYs allocation will not be disbursed but is
automatically forfeited and ~everts to the City for inclusion in future CDBG Programs."
SectiOn 3, Section I; subsection 1~, of the Agreement is deleted and replaced with the
following language:
~'1.5 Requests for Payment. All requests for payment made pursuant to this Agree-
ment must be submitted to the Administrator. Progress payments for the Improvements
will be based upon the finalized budget and construction schedule and the submittal and
approval of appropriate documentation of the work completed, including, without limita-
tion, fully itemized American Institute of Architects ("AIA") forms. No progress payments
wil~ be made without certification by the registered architect or licenses professional
engineer that the work to which the payment applies has been substantially completed
nor rnrill any progress payment be made without an inspection by staff of CDD and
Development Services and approval by the Administrator and Development Services'
staff affirming that the work has been completed. The Administrator may require that the
Subrecipient provide a down date waiver and a subordination of inechanic's lien claims
prior to any payment. All payments will be adjusted according to the actual construction
cost and the matching fund requirement, if any, and in no event may any payment
exceed the stated amount of this Agreement. All requests for payments will be prorated
to ~eflect the Subrecipient's share of costs as per the approved finalized budget."
Section 4. Section VIII, subsection 8.1, af the Agreement is deleted and replaced with the
following language
`8.1 Term. This Agreement terminates August 31, 2007. Extensions to the term of this
Agreement may be requested by the Subrecipient and approved by the City Manager.
Notwithstanding the stated termination date of this Agreement, the Subrecipient shall be
bound by all covenants, terms, and conditions of this Agreement, including, without
limit~tion, recordkeeping requirements, for a period of six (6) years commencing on the
date of the SubrecipienYs completion of the Improvements or the date of the last
disbursement of CDBG funds to the Subrecipient under this Agreement, whichever is
later."
Sectron 5. Sectior~ IX, subsection 9.1 of the Agreement is deleted and replaced with the
follov~ng language
"9.1 Improvements of Facilities. The City shall provide the Subrecipient up to $37,025
from FY02 CDBG Program funds and up to $110,000 from FY05 CDBG Program funds
for Improvements to the Facilities as described in Section ! of this Agreement and in
accordance with the accepted bids for such construction work."
Sect~n 6. A copy of the most current Exhibit 1 is attached to this Third Amendment and re-
places the prior Exhibit 1 for all intents and purposes. The attached Exhibit 1 is an estimate of
the proposed work to be completed and does not constitute the final budget and construction
schedule that is required under the Agreement.
Sect~n 7. By execution of this Third Amendment, the parties agree to amend the scope of
work and the site location of the property to be improved and to reinstate and modify the term of
the ~reement. All terms and conditions of the Agreement not revised by the First Amendment,
the Second Amendment, and this Third Amendment remain the same and in full force and
effect.
(EXECUTION PAGE FOLLOWS)
EXE~UTED IN DUPLICATE, each of which is considered an original, on this the ~ day
of ~~ ~ _~~~_ l~ i~_~u'-~ ~t_ ~ 2006.
ATTEST:
, ~.
~ fr /
Armando Chapa ~
City S~cretary
APP VE~ AS TO FORM
.
Eliza#~et~` . Hundley ~
Assista~4#'City Attorney
for th~ City Attorney
CITY O CORPUS CHRISTI
Ge r K. Noe
City Manager
_, 2006
. ~
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SEC~€~~ ~AfCY ~
NEIGHBORHOOD CENTERS OF CO CHRISTI, INC.
._._. _ ~
By .~~,
,
Printed Name: ~~NO~( 5' o S.4
Title: !.~ ~ Q ~c ?o /Z
Date: ~ ~ ~!d ~! o (~
ACKNOWLEDGMENT
STA~E OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COIIl~ITY ~' NUECES §
This instru ent was acknowledged before me on ~~ ~r~--- ~,! , 2006,
by \~u. `~ ~~ . -- as ~ X~,~~, ~ ~-~c ~ ~rt,~~vw (title)
of th~ Neighb rhood Centers of Corpus Christi, Inc., a Texas nonprofit corporation, on
behaartff of the corporation.
~~ _~ ~, ~~
~ ~ ~ ~~., M NA I~pSTE~ WELLS " ~~'11~~ ~. ~~~ ~-~~~..>
* _ lib~~c State of Texas
~ TT - ~'~~m~~~~ Notary Public, State of Texas
. ~'.-~ ~~-~+`'r~ ~EBRIJAI~Y2`.2~07
~ "_ ~ ~.~--~-_--._~~,~~.,~.-,,
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
FY and Funds Program: FY2QQ2 and FY 2005 CDBG PROGRAM
~roject ~ame: Mar~uer'r~e Neighborhood Center
organiaation: NeiqhborF~od Centers of Corpus Christi. Inc.
Tota~ Project Cost: $15T,025.
PREL~IAINA-RY BUDGET
Proiect Financial Resources:
(Funds available to complete your project)
AMOUNT
• OtherFunding ................................................................ 0.00
• Capital Contribution (For CDBG projects only ................... $ 10,000.00
• FY 2002 CDBG Funding .............................................. $ 37,025.00
. FY 2005 CDBG Funding ......... ........................................ $ 110,000.00
TOTAL Ft~NDS AVAILABL.E FOR PROJECT... . .... ... . a 157,025.00
Estimated Expenses:
(List estimated expenses to comqlete vour project)
• Advertising, Printing, Etc ....... .
..................... ...........
• A/E Professional Fees ...............................................
• Construction Cost ......................................................
• ~nspections ...... ........... ........ ................................
• Other: (Specify) . ........... ........ .............
......................
TOTAL PROJECT COST .. . _ _... . _
PREL~AIN~tY CONSTRUCTION SCHEDULE
~ProiecfM-d dat~ for completion of key project phases)
AMOUNT
300.
12,000.
140,725.
_ 500
3,500.
$ 157,025.
PROJECTED DATE
• ~and Transfer ... ........ . .... ...... . . .... ... ............ Jan. 2007
• Se~ction of Architect/Engineer (A/E) services ... ... ... ... .... Already have architect
• Design and Bid Documents completed . .... ..................... Apr. 2007
• Award Bid and Construction Contract .. _ ...... ... ...... ..... Apr. 2007
• Commencement of Construction...... ...... ......... .... Mav 2007
~ ;onstruction at ? 00% Completion ... . . ... . . ... ... . ... ... . Julv. 2007
EXHIBIT 1