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HomeMy WebLinkAboutO-2008-3086 amendment to agreement/Sylvan Beach Shoreline Protection and Beach Nourishment Project 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 23, 2008 Appropriation Requested By: Stephen L. Barr Source of Funds: Fund 038 Department: Parks & Recreation Department Acc't Number: Report: _Resolution: _Ordinance: X Amount Budgeted: Exhibits: Amended Project Cooperation Agreement Amount Requested: 308,161 Exhibits: Budl1eted Item: YES NO X SUMMARY & RECOMMENDATION Earlier in the year City Council approved a Project Cooperation Agreement with the Texas General Land Office (TGLO) to partially fund the Sylvan Beach Shoreline Protection and Beach Nourishment Project through the Coastal Erosion Planning and Response Act (CEPRA). The engineering firm that designed and is administering the project for the state has submitted an estimated cost of construction of $3.2 million to fund the project. That estimate exceeds the proposed budget of $2.5 million that is currently allocated for the project under the current agreement. In order for the state to approve the project for letting, sufficient funding must be in place to meet the estimated cost. The Texas General Land Office has proposed an ainendment to the Agreement that will increase the project funding to $3,583,333 which will be sufficient to allow for bidding, plus some surplus funding for contingency, if needed. With this amendment to the agreement, TGLO has added $750,000 of state money to the project, and increased their share to 60% which reduces our share for the local match from 45% to 40% from $1,125,172, to $1,433,333, or an additional $308,161 for the project. Harris County has executed their agreement to pay up to $600,000 as their match for the project. The additional funding required to make the project happen is $270,747. This money is available through the La Porte Development Board funds, and while the board has agreed to participate in the project, the funding is contingent upon approval by the La Porte Development Corporation Board. Please note that all the funding discussed at this point are estimates. We are committing funds for 40% of the actual project costs, not the estimates; so we won't know how much the beach restoration and shoreline protection will actually cost until after the project is let, and bids are received. This amendment guarantees up to $750,000 additional funds from the Texas General Land Office, and our additional $308,161, if needed. Staff recommends approval of the amendment to the Project Cooperation Agreement to protect the Sylvan Beach Park shoreline from future deterioration and to restore the historic beach to Sylvan Beach. This project will have a tremendous positive recreational as well as economic impact on our city. Action Required bv Council: Consider approval of: AN ORDINANCE APPROVING. AND AUTHORIZING AN AMENDMENT TO THE ECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL OFFICE TO PROVIDE CONSTRUCTION, CONSTRUCTION MONITORING, AND ADMINISTRATIVE CES FOR THE SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT ING TO THE TERMS OF THE AMENDMENT PROVIDED. Date ORDINANCE NO. 2008- ,~% AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDED PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND OFFICE TO PROVIDE CONSTRUCTION, CONSTRUCTION SERVICES, AND ADMINISTRATIVE SERVICES FOR THE SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE AGREEMENT PROVIDED; APPROPRIATING ADDITIONAL FUNDING OF $308,161.00 FOR A TOTAL OF $1,433,333.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby 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. The City Manager is hereby authorized to execute such document and all related documents on behalf ofthe City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal ofthe City to all such documents. The City Council appropriates additional funding in the sum not to exceed $308,161.00 for the Sylvan Beach Shoreline Protection and Beach Nourishment from the 038 Fund, to fund the City's share of said Agreement, but said appropriation shall be contingent upon La Porte Development Corporation Board approval for expenditures for said project, and subsequent City Council approval of the La Porte Development Corporation Board's decision. In the case that either the La Porte Development Corporation or the City Council denies approval for expenditures for said project, the subject contract shall be declared null and void. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice ofthe date, hour, place, and subject ofthis meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law Page 1 0[2 preceding this meeting, as required by the OpenMeetings Law, Chapter 551, Texas Government 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 thereofhas been discussed, considered and formally acted upon. The City Council further ratifies, apprpves, 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 23RD day of JUNE 2008. CITY OF LA PORTE (1.., i.'P..k- By: Alton E. Porter, Mayor ATTEST: '-1J?dCF4 ~ ~ Martha Gillett, City Secretary APPROVED AS TO FORM: ~~~A~ Clar T. Askins, Assistant City Attorney - Page 2 of2 and expenditures not in accordance with the Project Budget in Attachment C-l may not be used to offset the Partner Match. b. In-kind goods or services provided by the Qualified Project Partner after entering into this Agreement may be used to offset the Qualified Project Partner's shared costs for the project provided the Qualified Project Partner presents the GLO with reasonable basis for estimating the monetary value of those goods or services. For an in-kind Partner Match, valuing and accounting determinations should be provided to the GLO within thirty (30) days of construction bid posting with Texas Marketplace, and include a description of the Partner Match, how it is to be provided, and a time line for providing it over the course of the Agreement. All in-kind Partner Match determinations are subject to the review and approval of the GLO. The decision to allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of the GLO. All in-kind Partner Match requirements must be accounted for before the expiration of this Agreement. c. For the cash Partner Match, a sum equal to forty percent (40%) ofthe prior month's Project expenses shall be due each month. This match contribution should be submitted to: Texas General Land Office Coastal Erosion Planning and Response Act (CEPRA)-MATCH Mail Code 151 P.O. Box 12873 Austin, TX 78711-2873 Attn: Dianna Gordon 3. Except as amended and modified by this Amendment No.1, all terms and conditions of the Agreement shall remain in full force and effect. GENERAL LAND OFFICE CITY OF LA PORTE ~lerld Deputy Land Commissione Date of execution: ~ M~~~ C}V / A.G.C@.{ \ G.c.~ te ~rd: Title: c7ry M 11A//JGER Date of execution: .6~;J /08 I I GLO Contract No. 08-090-000 Amendment No.1 Page 2 of2 PROJECT COOPERATION AGREEMENT FOR FINAL DESIGN, BIDDING AND CONSTRUCTION FUNDING FOR SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT GLO CONTRACT No. 08-090-000 CEPRA PROJECT NO. 1404 AMENDMENT No.1 The GENERAL LAND OFFICE (GLO) and the CITY OF LA PORTE, TEXAS (Qualified Project Partner), parties to that certain Project Cooperation Agreement (Agreement) effective February 1, 2008, and denominated GLO Contract No. 08-090-000, now desire to amend the Agreement. WHEREAS, additional funding is required for successful completion of the construction phase of the project; and WHEREAS, the parties desire to increase the Budget of the Agreement to allow for successful completion of the Project; NOW THEREFORE, the GLO and Qualified Project Partner hereby agree to amend and modify the Agreement as follows: 1. Section 1.03. of the Agreement, PROJECT BUDGET, is hereby amended and modified by replacing the existing Budget with the Revised Budget attached hereto and incorporated herein for all purposes as Attachment C-1, in an amount not to exceed the sum of THREE MILLION FIVE HUNDRED EIGHTY-THREE THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS ($3,583,333.00). The amount payable from the Account under this Agreement shall not exceed Two MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($2,150,000.00). In the event the parties agree that additional tasks and/or funds are required for the completion of the Project, an amendment to this Agreement shall be executed. 2. Section 3.01 PARTNER MATCH of the Agreement is hereby deleted and replaced by the following language: 3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least forty percent (40%) of the shared project costs as set forth in this Agreement (Partner Match) and may be subject to a Partner Match exceeding this minimum amount. The Qualified Project Partner acknowledges that costs incurred by the Qualified Project Partner before entering into this Agreement GLO Contract No. 08-090-000 Amendment No.1 Page 1 of2 ATTACHMENT C-l GLO CONTRACT No. 08-090-000 AMENDMENT No.1 REVISED BUDGET AMENDED BUDGET Sylvan Beach Shoreline Protection and Beach Nourishment Project CEPRA Project NO. 1404 Attachment ~- i !J' Contract No. /)g-O~()jr)1-0 Page ---1- of f PROJECT COSTS ORIGINAL ADDED AMENDED CONTRACTUAL BUDGET FUNDS BUDGET Task 1. Engineering Design Update, Bidding Services, Project Construction and Construction Management $2,525,172.00 $1,058,161.00 $3,583,333.00 TOTAL PROJECT COST NOT TO EXCEED $2,525,172.00 $1,058,161.00 $3,583,333.00 COST SHARING SUMMARY QUALIFIED PROJECT PARTNER (QPP): 40% of total project costs QPP Cash Commitment (City of LaPorte, Harris County) $1,125,172.00 $308,161.00 $1,433,333.00 QPP In-kind Commitment $0.00 $0.00 $0.00 QPP's TOTAL CONTRIBUTION* $1,125,172.00 $308,161.00 $1,433,333.00 CEPRA: 60% of total project costs CEPRA's TOTAL CONTRIBUTION $1,400,000.00 $750,000.00 $2,150,000.00 TOTAL PROJECT CONTRIBUTIONS $2,525,172.00 $1,058,161.00 $3,583,333.00 · Please specify when using historically underutilized business as required by state law. 1404 peA Budget Page Amendment 1.xls 5/22/20082:23 PM 1