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<br />October 9. 2007 <br /> <br />WHEREAS the City, the Authority and TCC have entered into an agreement <br />pursuant to which the Authority will transfer approximately thirty-five (35) acres of the <br />Property (the "Campus Parcel") to the State Board for Community Colleges (the <br />"Board") for the development of the College; and <br /> <br />WHEREAS the Federal Agency has agreed to consent to the transfer of the <br />Campus Parcel to the Board on the condition that (i) TCC become a co-recipient for the <br />Grant, requiring it to comply with all applicable federal requirements and the Grant's <br />terms and conditions and (ii) that TCC provide the Federal Agency with adequate <br />assurances that the Campus Parcel will be used primarily for job training and skills <br />improvements that would be conducive to attracting new business facilities to the <br />Victory Village; <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia, as follows: <br /> <br />1. The City Manager ("Manager"), or his designee, is hereby authorized, <br />requested and directed to take all actions as are necessary on behalf of the City to <br />implement the foregoing resolutions, including but not limited to the execution of all <br />documents (the "Documents") required (i) to transfer the City's rights and obligations <br />under the Grant, (ii) to permit the Authority to become the successor recipient of the <br />Grant, (iii) to permit TCC to become a co-recipient of the Grant, and (iv) to convey the <br />Campus Parcel to the Board. <br /> <br />2. The City shall budget, appropriate and timely transfer to the Authority all <br />funding that may be necessary for the Authority to meet any financial obligations <br />imposed on the Authority by the Federal Agency as a result of the Authority becoming a <br />successor recipient of the Federal Grant, conditioned on the Authority using all <br />reasonable efforts to meet the legal obligations imposed by the Grant, while complying <br />with the Victory Village Master Development Agreement and the Tidewater Community <br />College Development Agreement. <br /> <br />3. The Documents must be approved as to form and legality by the City <br />Attorney. <br /> <br />4. The Manager shall report to City Council on the actions he takes <br />hereunder." <br /> <br />Ayes: Heretick, Moody, Psi mas, D. Smith, R. Smith, Randall <br />Nays: None <br /> <br />07 - 441 - Adoption of a motion to approve a change order request authorizing the <br />Public Works Department to expend funds in excess of 25% above the original <br />contract amount for the London/Airline Boulevards joint replacement project due to <br />unanticipated project conditions. Vision Principle: Thriving Neighborhoods and a <br />Sense of Community. <br /> <br />Background: <br />. Major reconstruction of concrete joints along Frederick and Airline Boulevards <br />was essential for making the roads suitable for vehicular traffic. The initial contract was <br />for approximately 80 joints. <br />. Road conditions were worse than anticipated once the road was closed and <br />repair operations commenced. Further investigation identified over twice as many joints <br />in need of repair. <br /> <br />Discussion: <br />. Three companies bid on the project. The contract was based on unit prices. The <br />other two bids were 27% and 115% more than the low bidder, respectively. <br />. Due to the significant difference in bid prices and considerations for traffic <br />impacts/flow resulting from construction, the additional work was approved. <br />