HomeMy WebLinkAboutContract 29958 AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE CITY OF FORT WORTH AND
THE UNITED STATES POSTAL SERVICE
STATE OF TEXAS § A `/�,
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CITY SECRETARY CONTRACT NO. 6 S,
COUNTY OF TARRANT §
WHEREAS, on or about October 22, 2003 the City of Fort Worth ("City") and
United States Postal Service ("USPS") made and entered into a Memorandum of
Understanding, same being City Secretary Contract No.,Z29195 (the "Contract");
WHEREAS, the Contract involves the development the Fort Worth Federal
Center ("Federal Center") as a site to which City could relocate its Harley Street
Maintenance facility;
WHEREAS, the Contract provides that the USPS will prepare a schematic design
and maximum guaranteed price for the construction of a facility to be located at the
Federal Center that would be acceptable to City for the relocation of the Harley Street
Maintenance Facility; and
WHEREAS, City has requested the USPS to expand the scope of the facility that
would enable to relocate other facilities to the Federal Center.
NOW, THEREFORE, City and USPS, acting herein by and through their duly
authorized representatives, enter into the following agreement that amends the Contract:
1.
Subparagraph b of paragraph 1 of the Contract is amended to be and read as
follows:
USPS will pursue the development of a schematic design and
guaranteed maximum price for a facility to be located at the Federal
Center that is acceptable to the City for the relocation of City's service
center facilities located at 3409 Harley Avenue, Fort Worth, Texas and
1013 Cherry Street, Fort Worth, Texas, such facility hereinafter
referred to as the"Project". The Project will be designed in accordance
with the Exhibits A through H attached to the Contract. The design
will be subject to the LGC review and approval in accordance with the
procedures established by the USPS and the LGC. The LGC shall
provide a prompt and complete review of the design plans and will not
unduly delay or unreasonably withhold approval.
2. z �"
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05-11 -04A10 : 22 RCVD
Paragraph 3 of the Contract is amended to be and read as follows:
The parties acknowledge that, prior to the execution of the Master
Agreement, the Developer will incur certain costs related to the design
of the Project, legal, and administrative expenses and other necessary
and proper expenses. Both parties acknowledge that either party may
terminate this MOU prior to the execution of the Master Agreement. If
terminated by the City without cause, the City agrees to reimburse the
USPS, for its account and for the account of the Developer, an amount
not to exceed $90,000, and upon such payment, the USPS shall release
or cause to be released to the City, and the City will become the owner
of, all plans, specifications, design documents and all other documents
relating to the Project Site or the Project. Should USPS terminate
without cause its obligations under this MOU, USPS agrees to
reimburse the City an amount not to exceed $10,000 for out of pocket
expenses incurred by the City for its efforts pursuant to this MOU. The
City agrees that the project will be presented to the City Council no
earlier than May 25, 2004 and no later than June 8, 2004.
3.
All other provisions of the contract, which are not expressly amended herein, shall
remain in full force and effect.
EXECUTED on this the / -1hday of . , 004, in Fort Worth, Tarrant County,
Texas.
APPROVAL RECOMMENDED: APPROVED:
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By:
bert Goode, P. E. Marc A\ t
Director, Department of Assistant City Manager
Transportation and Public Works
ATTEST: United States Postal Service
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V"'"'C;ity ecretary David Eales
APPR VED AS TO FORM AND LEGALITY: ��� �� PJ
Contract Authorization
Assistant City Attorney
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