The URL can be used to link to this page

Home My WebLink AboutC2007-419 - 11/29/2007 - NASECOND AMENDMENT TO THE CDBG SUBRECIPiENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MARY MCLEOD BETHUNE DAY NURSERY This second amendment ("Second Amendment") is made by and between the City of Corpus Christi {"City") and the Mary McLeod Bethune Day Nursery, inc. ("Subrecipient"). WHEREAS, the City and the Subrecipient executed an agreement {"Agreement"), which was approved by the City Council on August 31, 2004 {M2004-328}, for the purpose of utilizing the City's FY04 Community Development Block Grant ("CDBG") Program funds; WHEREAS, the scope of work to be completed by the Subrecipient under the Agreement in- cluded renovations to the general premises and to Buildings A, B, and C on the property located at 900 Kinney Avenue; WHEREAS, the Subrecipient experienced renovation delays and determined that the proposed work was too cost prohibitive to complete in its entirety, and the parties' Agreement expired before any additional work could be completed; WHEREAS, the parties executed an amendment ("First AmendmenY') to reinstate the Agreement, reduce the scope, and extend the term of the Agreement to permit completion of the work; WHEREAS, the Subrecipient has been unable to complete the project; and WHEREAS, the parties to the Agreement desire to execute this Second Amendment to extend the term of the Agreement in order to accomplish the intended purpose of the grant funds. Section 1. Section I, subsection 1.1, of the Agreement is deleted and replaced with the following language: "1.1 Scope of Work. The Subrecipient shall complete the work outlined in the funding proposal that was submitted and approved by the City's City Council for FY2004-05, such proposal being incorporated into this Agreement by reference as if fully set out in this Agreement. The Subrecipient, through its contractors and subcontractors, shall make improvements to the Facility by February 28, 2008, by repairing all fencing and gates, replacing the existing electric gate, and renovating Building B, as follows: repair shingle roof; replace gutters and downspouts; replace and paint 13 existing doors; replace 15 windows; and replace flooring {"Improvements"). The Improvements will be located on real property owned by the Subrecipient and located at 900 Kinney Street, Corpus Christi, Nueces County, Texas. For the purposes of this Agreement, the term "Facility" collectively includes the aforementioned real property and any improvements existing thereon as of the date of the Subrecipient's 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 2007-419 rdance with the plans and specifications ("Plans") prepared by the 11/29/47 tered architec# or licensed professional engineer retained pur-scant Mary McLeod Bethune Nursery to subsection 7.3. No construction may commence until the Plans are approved by the Director or the Director's designee ("Director"} of the City's Neighborhood Ser-vices Department ("NSD") and by the City's Developmental Services Department." Section 2. Section T, subsection 7.9, of the Agreement is deleted and replaced with the fiolfowing language: "7.9 Completion Date of Construction. The Subrecipient shall complete construc- tion of the Improvements to the Facility in accordance with the approved Plans and Specifications by February 28, 2008. If the Subrecipient is rendered unable to carry out the terms of this subsection, the Subrecipient shall promptly give the City written notice of such delay together with reasonable particulars concerning it. The Admini- stratormay extend the construction time schedule for such time as may be deemed necessary and justified, provided, however, that the extension of the construction time schedule does not exceed the term of this Agreement. (An extension of the term is addressed in Section 9.)" Section 3. Section 9, subsection 9.1, of the Agreement is deleted and replaced with the following language: "9.1 Term. This Agreement terminates March 31, 2008. Extensions to the term of this Agreement may be requested by the Subrecipient and approved by the City Mana- ger. However, the Subrecipient is bound by all covenants, terms, and conditions of this Agreement including, without limitation, recordkeeping, far a period of six (6) years com- mencing on the date of the Subrecipient's completion of the Improvements, unless a specific bound period is shorter or longer as may be stated in this Agreement." Section 4. Section 9, subsection 9.2, of the Agreement is deleted and replaced with the following language: "9.2 Objective. The Subrecipient shall operate the Facility and the Improvements to further the primary objective of the Housing & Community Development Act as outlined in 24 CFR 570.200 and 570.208, as each may be amended, and will improve the Facil- ity by February 28, 2008, and provide programs to help low and moderate income indi- viduals and individuals with disabilities improve the quality of their lives and reach their maximum potential for independence and at all times in accordance with HUD's Com- munity Development Block Grant regulations and guidelines and all local, State, and Federal requirements and laws" Section 5. A copy of the most current Exhibit A is attached to this Second Amendment and replaces the prior Exhibit A for all intents and purposes. The attached Exhibit A is an estimate of the proposed work to be completed and does not constitute the final budget and construction schedule that are required under the Agreement. Section fi. By execution of this Second Amendment, the parties agree to extend the term of the Agreement. All terms and conditions of the Agreement not changed by the First Amendment and this Second Amendment remain the same and in full force and effect. {EXECUTION PAGE FOLLOWS) EXECUTED DUPLICATE, each of which is considered an original, an this the ~~ ay of __ ~av~ , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa eorge K. Noe City Secretary City Manager APPROVED AS TO FORM: / ~7 , 2007 Eliza h R. Handley Assi nt City Attorney for the City Attorney MARY MCLEOD BETHUNE D/~1Y NURSERY, INC. By: Printed Na~ ~- Title: llf~ ~6~~L' Date:. ~6 -ot~rd ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on , 20Q7, by u r as ~ ~, (title} of the Mary McLeod Bethune Day Nursery, Inc., a Texas nonprofit corporation, on behalf of the corporation. (seat) Nota Public, State o exas ,~*~*- *~, LAURISA LYNN BAKLIK z+~' 4" = Notary Public, State Of Texa3 My Commission Expires s9~, ~1'b MiuOli 09, ~O11 PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE REVISED FY and Funding: FY2009_ICDBG Futiding Project Name: Improvements to„Building "B" Organization: Marv Mc. Leod_ Bethune Day, Nursery Total Project Cost: 83 500 Revised Date: October, 2007 PRELIMINARY BUDGET Project Financial Resources: (Funds available to complete your project) AMOUNT • Other Funding ............................................................ ~ 0 • Fund FY 2404 CDBG Program ............................................. 7D ODD • Capital Contribution from Agency ..................................... 13 500 • Other...(Specify) ................................................................ $ • TOTAL FUNDS AVAILABLE FOR PROJECT ............................ 83 500 Estimated Expenses; (List estimated expenses to complete your project) such as: AMOUNT • FY 2004 Expended to pate ......................................... $ 32,108 • Capital Contribution Expended to Date .......................... $ '!3,500 • Tota! Funds Available Currently Available ..................... 37,892 • TOTAL PROJECT COST .................................................... $ 83.500 (Funds needed for_the Proiec#) NOTE: The "total funds available for the proiect".shall be equal to the "total nroiect cost." PRELIMINARY CONSTRUCTION SCHEDULE -UPDATED (Projected dates for completion of key project phases) PROJECTED DATE • Procurement of Architect/Engineer (A/E}services ............. 2005 • Design and Bid Documents completed ............................ Sept, 2007 • Receive Bids ....................... ................................... November, 2007 • Award Construction Contract ........................................ December, 2007 • Commencement of Construction .................................... January 2008 • Construction at 100% Completion ..................................... February, 2008 (Enter month and year) EXHIBIT A