081704 AMENDMENT NO. 5 TO TEXAS COMMUNITY DEVELOPMENT PROGRAM CONTRACT NO. 721075 OFFICE OF RURAL COMMUNITY AFFAIRS AND KERR COUNTY STATE OF TEXAS COUNTY OF TRAVIS Section 1. The Office of Rural Community Affairs, an agency of the State of Texas, hereinafter referred to as "Office", and Kerr County, hereinafter referred to as "Contractor", do hereby contract and agree to amend their original contract, as initially executed by the Executive Director of the Office effective May 8, 2001, for the performance of community development activities. Section 2. The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A, Performance Statement, is revised to read hereafter as given in the Performance Statement attached to this amendment, hereinafter referred to as Exhibit A, and hereby made a part of this amendment. Exhibit A consists of two (2) pages. Section 3. The parties hereto agree to amend the contract identified in Section 1 by adding Section 19 (F) as follows: F. The Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. The Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. The Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirements to cooperate is included in any subcontract it awards. Section 4. The parties hereto agree that this amendment shall become effective on August 3, 2004. Section 5. The parties hereto agree that this amendment shall require no change to previously approved funding. Page 1 of 2 / ~ ~~ PiM~.~.~f ~- 00. Section 6. 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. Section 7. The parties hereto agree that nothing in this amendment shall be construed as authorizing any violation of federal, state or local laws or regulations as they pertain to the contract identified in Section 1 above. Section 8. By the signing of this amendment, the parties 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 3, 2004. r Pat TinTe~ County Judge Kerr County Approved and accepted on behalf of the Office of Rural Community Affairs. Robt. J. ' am" Tessen, MS, Executive Director Offic Rural Community Affairs This contract amendment is not effective unless signed by the Executive Director of the Office of Rural Community Affairs, or his/her authorized designee. Page 2 of 2 AMENDMENT NO. 5 EXHIBIT A PERFORMANCE STATEMENT Kerr County Contractor shall carry out the following activities in the target area identified in its 2001 Colonia Construction Fund application. Contractor shall ensure that the amount of funds expended for each activity described herein does not exceed the amount specified for such activity in Exhibit B, Budget. Sewer Facilities Contractor shall provide first-time public sewer service to sixty-nine (69) households in the colonia Kerrville South. Construction shall consist of the installation of approximately four thousand linear feet (4,000 l.f.) of six-inch (6°) sewer line, seven hundred twenty linear feet (720 I.f.) of four-inch (4") sewer line, one (1) six-foot by fourteen-foot (6' x 14') wet well, two (2) one hundred fifty gallon per minute (150 gpm) submersible pumps, sixteen (16) manholes, sixty-nine (69) service laterals to the property line, right-of-way preparation, bore and casing, trench safety, and associated pavement repairs. Construction shall take place at the following locations: STREET FROM TO Green Meadow Ranchero Wood Sweetwater Ranchero Wood Ripplewood Ranchero Wood Wood Green Meadow SH 16 cross country SH 16 SH 173 These activities shall benefit one hundred fifty-eight (158) persons, of which one hundred thirty- two (132) or eighty-three percent (83%) are of low to moderate income. Rehabilitation of Private Properties (Sewer Service) Contractor shall provide first-time public sewer service to fifty-eight (58) households in the colonia Kerrville South. Construction shat! consist of the installation of fifty-eight (58) four-inch (4") service lines, including service connections. In addition, contractor shall decommission existing on-site sewage systems, including filling of tankage. Construction shall take place at the locations specified above. Thirteen (13) of the fifty-eight (58) septic systems (on-site sewage systems) to be decommissioned shall be accomplished under Texas Community Development Program (TCDP) #722411. These activities shall benefit one hundred thirty-two (132) persons, of which one hundred thirty- two (132) or one hundred percent (100%) are of low to moderate income. Acquisition Contractor shall acquire al! necessary easements for the sewer line and the lift station. Contractor shall carry out all acquisition of needed real property, easements, and/or rights-of-way in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec. 4601 et. seq.) and HUD implementing regulations (24 C.F.R. Part 42). Page 1 of 2 Engineerincl Contractor shall ensure that the amount of Department funds expended for all eligible project- related engineering services, including preliminary and final design plans and specifications, all interim and final inspections, and a(I special services does not exceed the amount specified for engineering in Exhibit B, Budget. Administration Contractor shall ensure that the amount of Department funds expended for all eligible project- related administration activities, including the required annual program compliance and fiscal audit does not exceed the amount specified for administration in Exhibit B, Budget. Page 2 of 2