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HomeMy WebLinkAboutC2010-455 - 11/16/2010 - ApprovedTEXA5 PARKS AND WILDLIFE DEPARTMENT BOATING ACCESS GRANT PROGRAM AGREEMENT Project Number: F-226-B Project Name: GITY OF CORPU5 CHRISTI CLEM'S AND BILLING'S BOAT RAMP RENOVATIONS Project Period: DATE OF AGREEMENT T011.30-2013 Total Project Cost; $1,233,720.00 Approved Federal Funds: $925,290A0 {75%) PROJECT SCOPE AND LOCATION: The City of Corpus Chris#i {sponsor} will renovate the Clem's and Billing's boat ramps and courtesy docks, construct a new bulkhead to better protect the site from tidal action, antl lease the land on which the project is located from the Texas General Land Office in accordance with approved plans and U. S. Corps of Engineers permit. The project is funded by federal pass- through funds from the Boating Access Grant Program to provide boating access for recreational boaters. The boat ramps are located in Nueces County and provide boating access to Packary Channel, the Intracoastal Waterway, Corpus Christi Bay and Laguna Madre. Pre-agreement costs for permitting, planning and design up to $120,000 are eligible for reimbursement retroactively to September 1, 2009. This project is being funded with federal funds generated by recreational boaters. As such, charging a fee to utilize this facility is discouraged. If a fee is charged to utilize the boat ramp, all revenue collected must be used to maintain and operate the boating access facility, For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ("Department"} and C~ o_f Corpus Christi ("Sponsor") hereby contract with respect to the above described project ("Project"} as follows: No work shall commence until this agreement is signed by both parties. 2. The Sponsor shall submit complete construction plans and specifications (including site map} for the Project to the Department for approval prior to any construction. The Sponsor agrees to construct the Project according to the approved plans and specifications. 3. All construction shall be in compliance with all laws and regulations duly adapted by governmental agencies of competent jurisdiction including meeting current ADA compliance for boating access facilities. 4. After completion and final payment by the Department, the Sponsor shall assume sole responsibility for facility operation including area surveillance, maintenance and repairs for a minimum of twenty-five years. 5. Local regulations may be adopted by the Sponsor pursuant to Parks Section 31.x92 of the Parks and Wildlife Code. It is understood and agreed that the Sponsor shall not designate public water served by the Project as areas restricted from use by registered motorboats without Department approval. Violation of this covenant by the Sponsor shall require 100% reimbursement to the Department of the costs of the Project. 2010-455 Res. 0288G3 11/16/10 Tx. Parks and Wildlife Dept. ~Nt~~D 6. The Department will assist the Sponsor with only advisory assistance within its capabilities. 7. The Department will perform a completion and acceptance inspection. Progress inspections may be performed at the discretion of the Department. 8. The Sponsor will maintain adequate records to support all claims for reimbursement and submi# to the Department copies of all expenditures to be charged against the Project. 9. Sponsor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Sponsor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Sponsor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sponsor and the requirement #o cooperate is include in any subcontract it awards. 10. In the event the cost of construction is below the maximum amount authorized, the Sponsor may, at its discretion, include additional improvements or appurtenances on each designated site as long as the project total contract cost figures are not exceeded; provided, however, such improvements or appurtenances are first approved in writing by the Department. 11. Upon completion of a satisfactory acceptance inspection by the Department, the Sponsor will furnish the Department with a certificate of completion and the required cost records. The Department shall remit to the Sponsor the amount of approved State funds within reasonable time from the date the Department approves such documentation as adequate. 12. The Sponsor agrees to comply with U.S. Fish & Wildlife Service Division of Federal Aid Assurances and U.S. Department of lnterior Civil Rights Assurance which are attached and made part of this Agreement. 13. The Sponsor agrees that an independent audit will be conducted in accordance with federal circular A-133. Copies of the report will be furnished to the Department. 14. The Agreement is effective upon execution by the Department. TEXAS PARKS AND Wi LIFE DEPARTMENT by Tim Ho4se#t, Director, Recrea#ion Grants Branch Name and Title -- - -- _ ;~''~'',f~ Date ^ EPLS.Date CITY OF CORPUS CHRISTII SPONSOR by .~ /~. h~~ ca ~~ ~~ N me and Title A'!'f~~57, _ I V ~ _ ~~, a~~At`ir~o ~ttA;~A C;i'~ StCf~F~Al~" d S5 t4 f.egal form~J_r~r Veronica <s;;~I'~ ~..~<u AsSist~nt City Attorn oaf' City Attorney $, Q~ AIllTHi3RIZ~D ilG~ Cf9tlliFCll ,...~,~,,1„~~~0,.,._ ,~,,. st:c~~raa~c