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HomeMy WebLinkAboutResolution - 6473 - Amendment To Contract - TX Dept. Of Economic Development - DEAA Grant - 08_26_1999Resolution No. 6473 Aug. 26, 1999 Item No. 24 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Amendment No. 1 to the Texas Department of Economic Development Contract for Defense Economic Adjustment Assistance Grant (Building #555 Renovation and Sewer Project), by and between the City of Lubbock and the Texas Department of Economic Development, and related documents. Said Amendment No. 1 is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of August '1999. I ON, A TEST: Darnell City Secretary Kevin Walket Business Liai on Officer APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney rkb/ccdocs/tdedrenovationamendment.res August 17, 1999 Resolution No, 6473 Aug. 26, 1999 Item No. 24 AMENDMENT NO.1 TO TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT CONTRACT FOR DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT (Building #555 Renovation and Sewer Project) STATE OF TEXAS COUNTY OF TRAVIS Section 1: Parties and Purpose The Texas Department of Economic Development, an agency of the State of Texas ("Department') and the City of Lubbock, Texas, ("Contractor') do hereby contract and agree to amend the Contract for Defense Economic Adjustment Assistance Grant to renovate and improve Building #555 and carry out a sewer interconnect project at Reese Center, in Lubbock, Texas, effective December 19, 1997, between the Department and Contractor ("Facility Contract"). Said Contract is hereby amended as set forth below as of August 26, 1999, upon execution by both parties. Section 2: Amendment A. Section 3 of the Contract is deleted in its entirety and replaced with the following language: SECTION 3. CONTRACT PERIOD This Contract shall commence upon execution of this Contract and shall terminate on May 31, 2000. Any requirements or deadlines established by this Contract beyond the termination date shall survive and remain in force until satisfied. B. Section 16(E) is deleted in its entirety and replaced with the following language: E. Contractor shall satisfy the following Special Conditions, in addition to satisfying the Special Conditions defined in Section 16C of this Contract, prior to the second disbursement of Contract Funds allocated to the Sewer Project, which shall equal fifty percent (50%) of the total Contract Funds allocated to the Sewer Project: Contractor shall provide documentation to Department that the plans and specifications for the lift station and sewer reconnect have been reviewed and when applicable, approved by the Texas Natural Resource Conservation Commission ("TNRCC") prior to construction. Where TNRCC approval is required, necessary applications and materials shall be sent by Contractor to the Texas Natural Resource Conservation Commission, Watershed Management Division. P.O. Box 12100, Park 35 Circle, Austin, Texas 78753, and shall be identified as activities being financed through the Department. 2. Contractor shall provide documentation to Department indicating that an Invitation to Bid (ITB) for a contractor to perform the primary work on the Sewer Project has been appropriately issued. 3. Contractor shall provide documentation to Department indicating that all necessary rights of access necessary to commence construction of the Sewer Project have been finalized. C. Section 16(G) is deleted in its entirety and replaced with the following language: G. Sewer Project Completion Requirement: The Sewer Project shall be substantially operational, as described in plans and specifications originally submitted to the Department, by May 31, 2001. Facility Grant Contract Amendment August 17, 1999 2. Contractor shall submit a Certificate of Completion to Department no later than the earlier of thirty (30) calendar days after the conclusion of work on the Sewer Project, or June 30, 2001. The Certificate shall certify that the sewer reconnect system is operating at the capacities described in plans and specifications originally submitted to the Department, and shall include a final Project Completion Report of all Sewer Project - related activities performed under this Contract. 3. In the event the Sewer Project is not completed when and as required by this Section 16, Department shall receive a recoupment of funds from Contractor equal to ten percent (10%) of Contract Funds allocated to the Sewer Project. Such recoupment must be received in full by the Department by August 31, 2001. Additionally, Contractor may be barred from applying for or receiving additional funding disbursements under the DEAAG program until repayment is made. D. The first sentence of Section 16(H) is deleted in its entirety and replaced with the following language: H. The Contractor shall provide milestones and updates on a semi-annual basis, including photographs where appropriate, prior to completion of the total Project (as marked by the satisfactory fulfillment of the requirements of Sections 16(F) and (G)). Section 3: Incorporation and Limitation The parties hereto agree that all of the terms of the contract identified in Section 1 above shall remain in effect and shall continue to govern except to the extent that they conflict with the terms of this amendment. By the signing of this amendment, the parties further hereto expressly understand and agree that this amendment shall become a part of the contract identified above in Section 1 above as though it were set forth word for word therein. WITNESS OUR HANDS, EFFECTIVE AUGUST 26, 1999: Accepted and executed on be alf of th�oil.ubbock The Ho orable dy i Ve r 6, Va"o City of Lubbock ATT ST: 1 ' Kaythie me11, City Se tary LJeff oseley P9&2�:�� - Executive Director Texas Department of Economic Development APPROVED Kevin G. W Business L CONTENT: er son Officer APPROVED AS TO FORM: William D. de Haas Competition and Contracts Manager This amendment is not effective unless signed by the Executive Director of the Texas Department of Economic Development or by his authorized designee. Facility Grant Contract Amendment August17,1999