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HomeMy WebLinkAboutO-2006-2900 f REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 26, 2006 Appropriation Requested By: Wayne J. Sabo Source of Funds: CDBG Department: Planning: Account Number: Grant Fund 032 Report: X Resolution: _Ordinance: ~ 0 Exhibits: Bid Tab Project #06012 (N. 2nd Street) ft~T~~. Amount Budgeted: $95.910 ~ ------- Amount Requested: $132,936.33 YES Budgeted Item: SUMMARY & RECOMMENDATION Harris County Community & Economic Development Department previously awarded the City a CDBG grant to extend and pave North 2nd Street to the E Street ROW, The original grant proposal was to extend 2nd Street and utilities, The amount awarded was $56,475,00 with $55,910.25 for construction, The scope that came back with the contract was only for paving, The contract also did not allow the use of in-house assets to pave the street. The City notified Harris County that the project was short funds to complete the project. On March 27, 2006, City Council amended the budget to accept an additional Harris County award of $40,000 bringing the total construction funding to $95,910, Since awarding the grant, Harris County has changed project officers twice, Although not stated in the scope, the new County project officer stated that the extension of the water line with the paving was allowable, As part of the City's leveraging funds, the City has cleared and grubbed the North 2nd Street ROW, surveyed the project area and the Engineer Division designed and bid the project. Given the additional funding, the project was designed with the water line extension included, There were no bidders on the first publication, Harris County instructed the City to re-bid, On the second bidding period, the City received 2 bids with low bid of$132,936,33 from TEXCOR: . Paving $92,332,0 I . Drainage $ 8,769,99 . Waterline $2 I ,834.33 . Contingencies $10,000,00 Value engineering was considered by substituting the lime stabilized sub-grade with low plasticity select fill as well using calcium sulfate instead of cement is a binder in the flexible base. These prospective changes resulted in a net decrease in the cost of the project by $2,506,81, Accepting the substitutions, however, would increase maintenance costs over the lifespan of the street so the substitutions were rejected, Harris County has indicated that the CDBG fund award can be altered to allocate the City an additional $37,053,33 to cover the shortfall. In an effort to preclude losing the bid, Staff is recommending that the City Council consider a conditional award to TEXCOR, The following actions are recommended: · Instruct the City Manager conditionally award a bid to TEXCOR pending receipt of additional funding from Harris County (this allows TEXCOR's bonding to remain in place), · Instruct the Planning Department to withhold the Notice to Proceed pending the City's receipt and acceptance of the additional $37,053,33 from Harris County, Action Required by Council: \, Consider and take action to conditionally award a bid to TEXCOR for the paving and extension of utilities for North 2nd Street. 2, Direct Staff to withhold a notice to proceed pending the receipt and acceptance of additional CDBG funding from Harris County Approved for City Council Ag:enda L//' (fl /1- ()/; , Date N 'r"" o CQ o =It . t< w I- W W ~ l- t/) C Z o U w t/) J: I- ~ o z z o ~ :3 ::J m ~ c - m eo ,.... ..- ~ ~ "": eo "'=" 00 ,.... ,.... 0'> M_ C!- eo_ I'- ..- M I'- N "'" ~ N ..- ~ ~ eo M "": M N cD "'" M ~ CJ!. M N o M ..- ..- ~ ~ '0 c: >. ell E ...J ~ o I- .... o ~~ E Q) I/) Uo .... Ea U c: ~ ,Q Q;ro ,r:~ '0 ~ '0 Q) c: Q) ell,r: ~~ c: c: o ';:: O):::J c:'O '(3 '0 ';:: ~ a.Q) 1/)'0 c'iij Q) c: I/) 0 Q) U .... Q) f5-.o .... c: ,Q CO E .... o ...... c: CJ) ...J <( 0:: w !;;: ~ CJ) w (9 0::: <( I () 0::: w I I- o \ ORDINANCE NO. 2006- ~ q 0 D -1'0b\f4 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TEXCOR CONSTRUCTION SERVICES CO., FOR PAVING AND EXTENSION OF NORTH 2ND STREET; APPROPRIATING $132,936.32 TO FUND SAID CONTRACT, BUT CONDITIONING APPROVAL AND FUNDING OF SAID CONTRACT ON RECEIPT OF ADDITIONAL GRANT FUNDS FROM HARRIS COUNTY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDANINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby conditionally approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary, as set forth in this section. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte, but only at such time and on the condition that the City of La Porte has received an additional CDBG grant fund award from Harris County in the amount of $37,053.33, to allow full funding of said contract. The authority given to the City Manager to execute the contract or agreement approved by this ordinance shall expire sixty (60) days from its passage and approval. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents, City Council appropriates the sum not to exceed $132,936.32 from the City of La Porte Grant Fund No. 032, to fund said contract. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Passed and Approved this :5f- day Of~, 2006. CITY 6F LA PORTE ~JSV~ By: Alton E. Porter, Mayor ATTEST: ~cd!I? artha A. Gillett, ity Secretary APPROVED: ~ ~\Xb\ ~~r~ ark T. Askins, Assistant City Attorney CITY OF LA PORTE 604 W. Fairmant Parkway, La Porte, TX 77571 www,laportetx.gov Phone: (281) 471-50201 Fax (281) 470-5005 June 26, 2006 Bryan Carleton, President TEXCOR Construction Services P.O. Box 2054 League City, Texas 77574 RE: Construction Contract, North 2Dd Street; City of La Porte Project #06012 Dear Mr. Carleton: On June 26, 2006, the City Council of the City of La Porte authorized me to tentatively award you the bid for the above referenced project. This award is contingent upon receiving additional funding from the Community Development Block Grant (CDBG) program administered by the Harris County Community & Economic Development Department for this project. It is my understanding that you are aware of the funding shortfall or this project. We anticipate that the City of La Porte will receive additional CDBG funding through the Harris County Commissioner's Court within the next 30-60 days. Once the City accepts the additional grant award, the contract for Project #06012 will be in full force and you will be issued a Notice to Proceed by the City Engineer, Rodney Slaton. You may contact him for further details at 281-470-5060. Thank you for your interest in the City of La Porte. Sincerely, Debra B. Feazelle City Manager Cc: Planning Department ~. ~SCOUNTY,TEXAS COMMUNITY & ECONOlVllC DEVELOPlVIENT DEPARTMENT o rt~ .... .. . ..~ - >, : October 26, 2005 8410 Lantern Point Drive Hous,ton, Texas 77054 Tel (713) 578-2000 '" -IVE~. Fax (713) 578-2190 RECt:: -.56 OCT 3 1 2005 \ CITY SECRETARY'S . OFFICE David B. Turkel Director Al~on E. Porter, Mayor City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Dear Mr. Porter: Re: Project Name: , City of La Porte - Northside Neighborhood North Second Street Project ....--\ Project No.: CD2004-019 Enclosed please fmd the Amendment to Agreement between Harris County and the City of La Porte adding $40,000.00 of Program Year (PY) 2004 Community Development Block Grant funds to the project refe.renced-above. The Amendment increases the construction lin~ item to adequately cover costs for items described in the scope of services. The total allocated funds for this project is $96,475.00. Please have City Council review, sign, and return the above- mentioned 'agreement to our office by November 1,' 2005 for placement on the COrrlmissioners Court Agenda. 1 i. If you have any questions or comments, you may contact :Mr. Joseph L. Thompson, Project Monitor, at (713) 578-2000. David B. Turkel Director DBT/dalferwtjhJjlt Enclosures - J:\grnshare\QA\jt\cdbg04\City of Laporte 04 019\transamagrJ0.25,05,doc :. ,.- " mRSTAMENDMENTTOAGREEMlliNT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT WHEREAS, HARRIS COUNTY, a body corporate and politic rmder the laws of the State of Texas, hereinafter referred to as "Cormty," and the City of La Porte, a body corporate and politic rmder the laws of the State of Texas, hereinafter referred to as "Subrecipient," entered into an Agreement on May 8, 2005 to administer a Community Development Block Grant (CDBG) Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project mown as the Northside Neighborhood North Second Street Project, in the amormt of $56,475.00 (the "Agreement"); and wHEREAS, Cormty and Subrecipient now desire to amend said Agreement to add $40,000.00 in PY 2004 CDBG funds to the Budget. The total amormt of CDBG funds allocated to this Project is $96,475.00, for construction and related activities, NOW, THEREFORE, Cormty and Subrecipient mutually agree as follows: 1. Exhibit B, "Budget," which currently reads as follows: Exhibit B BU]jGET CITY OF LAPORTE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and rmderstood that the total amormt to be paid by Grantee rmdet this Agreement shall not exceed Fifty Six Thousand Four Hrmdred Seventy Five and 00/100 Dollars ($56,475.00). PROJECT SUMMARY 1. City of La Porte - Nortbside $55,910.25 Neighborhood North Second Street II. RCPill Allocation (Inspection $564,75 & Engineering Administration) . 0.00 $55,910.25 0.00 $564.75 ~. , "; ...; :::; '::; ..; --... ; ..; ];ir6] etf:aridgef?:tifal. ........ .. Z:\Community & Economic Development Department\PubIic Improvements\Nortbside Neighborhood N, 2nd St AMD - 05 GEN 1932\05 GEN 1932 7 1st AMD La Porte for Nortbside Neighborhood Second Street Proj,rtf Page 1 of6 _J' : ."~ /. ( "'\ PROJECT DETAIL .. -,' ., ,.. .,.... ...tEVERAGE . . '.-- -. . __... - d. . City of La Porte - Northside Neighborhood North Second Street Construction $50,262.75 $5,647.50 0.00 $50,262.75 0.00 $5,647.50 0,00 $0.00 $ 0.00 $55,910.25 Contingency Irispection & Testing 0.00 Subtotal $55,910.25 n. HCPro Allocation Inspection & Engineering Administration PY CDBG 2004: $56,475,00 is hereby amended to read as follows: CITY OF LAPORTE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by Grantee under this Agreement shall not exceed Ninety Six Thousand Four Hundred Seventy Five arid 00/100 Dollars ($96,475.00). PROJECT SUMMARY T. City of La Porte- Northside Neighborhood North Second Street . Pro'ect II. RCPID Allocation (Inspection & Engmeering Administration) PY CDBG i004: $96,475.00 Z:\Co=unity & Economic Development Department\Public Improvement,<;\Northside Neighborhood N, 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 2 of 6 PROJECT DETAIL .... .', JjfdJ~ciqohs'. . .. . . ...1Wt~~GE · .1'OTAL.. 1. City of La Porte - Northside Neighborhood North Second Street Proj ect Construction Subtotal $91,115.00 $4,795.00 $0.00 $95,910.00 $0.00 $91,115,00 $0.00 $4,795.00 $0.00 $0,00 $0.00 $95,910.00 Contingency (@ 5% of donstruction) Inspection & Testing n. RePID Allocation Inspection & Engineering . Administration Z:\Cornmunity & Economic Development Department\Public Improvements\Northside Neighborhood N, 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 3 of 6 \ n. All other conditions of said Agreement shall remain in full force and effect as originally written. IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the day of ,2005. Approved: CITY OF LA PORTE l\L 0' BY:~~'\~ ALTONE. PORTER Mayor Attest:~aofL DEBRA FEAZELLE City Manager IIARRISCOUNTY By: ROBERT ECKELS C07Jge Atte' -~ .. . . DAVID TURKEL, Director Harris Comity Community and EcohOlnic Development Department Approved as to Form: MIKE:STAFFORD, Count>' Attorney fl. Il- ~cU..~ By:. CHEL BOATES Assistant County Attorney AUDITOR'S CERTIFICATION I hereby certify that funds are available in the amount of $95,910.00 for construction related activities and $565.00 for PID inspection and engineering administration to pay the obligation of Harris County under this Agreement. Barbara J. Schott County Auditor Z:\Community & Economic Development Department\Public Improvements\Nortbside Neighborhood N, 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 4 of 6 / I ORDER THE STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 The Commissioners Court of Hanis County, Texas, convened at a meeting of said Court at the Hanis County Administration Building in the City of Houston, Texas, on the day of ,2005, with the following members present, to wit: Robert Eckels EI Franco Lee Sylvia R. Garcia Steve Radack Jerry Eversole COlll1ty Judge Commissioner, Precinct No.1 Commissioner, Precinct No.2 Commissioner, Pr~cinct No.3 Commissioner, Precinct No.4 and the following members absent, to-wit: a qo.orutn~ when among other business, the following was transacted: , constituting ORDER AUTHORIZING EXECUTION OF FIRST AMENDM:ENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SECOND STREET PROJECT 'Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. . The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Eckels 0 0 0 Conim. Lee 0 0 0 Corom. Garcia 0 0 0 Corom. Radafk 0 0 0 Comm. Eversole 0 0 0 RECIT.A1,S: WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "CoUnty," and the City of La Porte, a body corporate and politic lll1der the laws of the State of Texas~ heremafter referred to as "Subrecipient," entered into an Agreement on May 8, 2005 to administer a Community Development 'Block Grant (CDBG) Program Year (PY) 2004, B.;.2004-UC-48-0002; CD 2004-019 for a project Imown as the Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the "Agreement"); and Z:\Commimity & Economic Development Department\Public Improvements\Northside Neighborhood N, 2nd St. AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 5 of 6 WHEREAS, County and Subrecipient now desire to amend this Agreement to add $40,000.00 in PY 2004 CDBG funds to the Budget. The total amount of CDBG funds allocated to this Project is $96,475.00 for construction and related activities. NOW, THEREFORE, BE IT ORDERED BY THE COMJv1ISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section-2: The First Amendment to the Agreement is approved and the County Judge of Harris County or his designee is authorized to execute a First Amendment to the Agreement between Harris County and the City of La Porte for the Northside Neighborhood North Second Street Project. The First Amendment to the Agreement is attached hereto and made a part hereof for all purposes. Z:\Co=unity & Economic Development Department\Public Improvements\Northside Neighborhood N, 2nd St AMD - 05 GEN 1932\05 GEN 1932 - 1st AMD La Porte for Northside Neighborhood Second Street Proj,rtf Page 6 of 6