HomeMy WebLinkAboutO-2009-3193 amend agreement-Sylvan Beach Shoreline Protection and Beach Nourishment Project
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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
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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
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Exhibit 1
Project Cooperation Agreement
Amendment #3
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(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
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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:
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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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
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