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HomeMy WebLinkAboutO-2009-3193 amend agreement-Sylvan Beach Shoreline Protection and Beach Nourishment Project 1 ------------- ----- ------------.. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Stephen L. Barr Source of Funds: Fund 001 Department: Parks & Recreation Department Acc't Number: Report: _Resolution: _Ordinance: X Amount Budgeted: $1,433,000 Exhibits: Amended Project Cooperation Agreement Amount Requested: $45,600 Exhibits: Bud eted Item: YES X NO SUMMARY & RECOMMENDATION 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 project is underway and there were two change orders identified that warrant correction. Item #1 is an increase in materials required due to bottom scouring caused by Hurricane Ike. Item #2 is to re- route a previously unidentified storm sewer line whose outfall is located within the south beach area. The City's share, as Qualified Project Partner, is $45,600 which was previously approved at the September 14th City Council meeting. Staff recommends approval of the amendment to the Project Cooperation Agreement to continue moving the project forward. Substantial project completion is estimated to be in mid-November 2009, and completely finished by December 2009. Action Required bv Council: Consider approval of: AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE JECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL OFFICE TO FUND CONSTRUCTION CHANGE ORDERS FOR THE SYLVAN BEACH SHORELINE ECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE DMENT PROVIDED. ouncil A euda to Date ORDINANCE NO. 2009--.3..193 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDED PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND OFFICE TO FUND CONSTRUCTION CHANGE ORDERS FOR THE SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE AGREEMENT PROVIDED; APPROPRIATING ADDITIONAL FUNDING OF $45,600.00 FOR A TOTAL OF $1,478,933.00 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 BY1HE CITY COUNCIL OF1HE CITY OF LA POR1E: 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 of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates additional funding in the sum not to exceed $45,600 for the Sylvan Beach Shoreline Protection and Beach Nourishment from the 001 General Fund Balance as approved by the City Council at its September 14, 2009 meeting, to fund the City's share of said Agreement. 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 was 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 Open Meetings 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 thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such written Page 1 of2 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 12th day of OCTOBER 2009. CITY OF LA PORTE By: ATTEST: Lnl&iAA~H Martha Gillett, City Secretary APPROVED AS TO FORM: c1d:~ 7~ Assistant City Attorney Page 2 of2 Exhibit 1 Project Cooperation Agreement Amendment #3 T 1::7 X. i\ ~ idt 2, .J..~ 0 (Jr JE 1~ JE R }\ JL JL}\ ~ [) {) li<i~ 11\ J1 (~~ li3: JERRY PATTERSON, COMMISSIONER September 28, 2009 Mr. Stephen L. Barr Parks and Recreation Department City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571-6215 RE: Amendment No.3 to General Land Office Contract No. 08-090-000-1239 Dear Mr. Barr: Enclosed are duplicate original Amendments to the GLO Contract between the City of La Porte and the Texas General Land Office, as referenced above. Please have them both signed by an official authorized to bind the City, and return them both to me (envelope provided). I will have them finally executed and will promptly return one to you for your files. If you have any questions, please do not hesitate to contact me at (512) 463-4591, or via electronic mail at kerri.danieli@glo.state.tx.us. Sincerely, f\ t: -ea0 )j~~ Kerri Danieli - Support Services Legal Services Division KD/kd enclosures Kerri Danieli - Support Services Texas General Land Office Legal Services Division - Mail Code 158 PO BOX 12873 Austin, TX 78711-2873 or 1700 N. Congress Ave. - Mail Code 158 Austin, TX 78701 Stephen F. Austin Building - 1700 North Congress Avenue -Austin, Texas 78701-1495 Post Office Box 12873 - Austin, Texas 78711-2873 512-463-5001 - 800-998-4GLO www.glo.state.tx.us PROJECT COOPERATION AGREEMENT FOR FINAL DESIGN, BIDDING AND CONSTRUCTION FUNDING FOR SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT GLO CONTRACT No. 08-090-000-1239 CEPRA PROJECT NO. 1404 AMENDMENT No.3 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. 08-090-000-1239, as amended, now desire to further amend the Agreement. WHEREAS, due to revisions in the construction plan, the parties desire to add funding 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 PROJECT BUDGET, attached hereto and incorporated herein for all purposes as Attachment C-2. Funding in the amount of EIGHTY-FOUR THOUSAND DOLLARS ($84,000.00) is added as follows: THIRTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($38,400.00) from the Account, for a total amount from the Account not to exceed Two MILLION ONE HUNDRED EIGHTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($2,188,400.00); and FORTY-FIVE THOUSAND SIX HUNDRED DOLLARS ($45,600.00) in QPP Cash Commitment, for a total QPP Cash Commitment of ONE MILLION FOUR HUNDRED SEVENTY-EIGHT THOUSAND NINE HUNDRED THIRTY-THREE DOLLARS ($1,478,933.00), for a total Agreement amount not to exceed THREE MILLION SIX HUNDRED SIXTY-SEVEN THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS ($3,667,333.00) for the duration of the Agreement. 3. Except as amended and modified by this Amendment No.3, all terms and conditions of the Agreement, as amended, shall remain in full forc~ and effect. SIGNATURE PAGE FOLLOWS GLO Contract No. 08-090-000-1239 Amendment No.3 Page 1 of1 SIGNATURE PAGE FOR AMENDMENT No.3 UNDER GLO CONTRACT No. 08-090-000-1239 GENERAL LAND OFFICE ~ Larry L. Laine, Chief Clerk! Deputy Land Commissioner Date of execution: tJi.s.!,.~~ ...et.9.v. ~:~:~ \ ~ \ '\ -V\..:'t: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK . .. ~ ATTACHMENT C-2 GLO CONTRACT No. 08-090-000-1239 AMENDMENT No.3 REVISED PROJECT BUDGET Attachment C.... J- Contract No. OA--(Y::\(hXI) -12lf, Page \ of \ AMENDED BUDGET Sylvan Beach Shoreline Protection and Beach Nourishment Project CEPRA Project NO. 1404 ORIGINAL ADDED AMENDED CONTRACTUAL BUDGET FUNDS BUDGET Task: Construction change orders $3,583,333.00 $84,000.00 $3,667,333.00 TOT AL PROJ ECT COST NOT TO EXCEED $3,583,333.00 $84,000.00 $3,667,333.00 PROJECT COSTS QUALIFIED PROJECT PARTNER (QPP): 40% of total project costs QPP Cash Commitment (City of LaPorte. Harris County) $1,433,333.00 $45,600.00 $1,478,933.00 QPP In-kind Commitment $0.00 $0.00 $0.00 QPP's TOTAL CONTRIBUTlON* $1,433,333.00 $45,600.00 $1,478,933.00 CEPRA: 60% of total project costs CEPRA's TOTAL CONTRIBUTION $2,150,000.00 $38,400.00 $2,188,400.00 TOTAL PROJECT CONTRIBUTIONS $3,583,333.00 $84,000.00 $3,667,333.00 COST SHARING SUMMARY *' Please specify when using historically underutilizt:'d business as required by stnle law. 1404 peA Budget Page Amendment 3 8/20/20093:24 PM 1