Loading...
HomeMy WebLinkAboutO-1996-2144 e . ORDINANCE NO. 96-2144 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE INSTALLATION OF LIGHTS FOR THE SYLVAN BEACH FISHING PIER; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND 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, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. 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. 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 ci ty 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 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. . . ORDINANCE NO.. 96- 2144 PAGE 2 PASSED AND APPROVED, this 16th day of December, 1996. By: CITY OF LA PORTE f'\ t-.-~ ~.\~ Ne:n.ah L. Malone, A)-tt:>n fDrter Mayor fro TuY'\ ATTEST: n.-L~~ [,U.JIJ..{. C1. ty Secretary Knox City .... . .t. : l:; e . ~~;.......,.-..~" '. ~.t~ K\pierlit AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement is between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter called "County," and the City of LaPorte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City"; RECITALS: The City has reconstructed, operates and maintains a public fishing pier at Sylvan Beach Park on property owned by the County pursuant to a lease between the City and County executed by the County Judge on April 14, 1994 pursuant to an Order of Commissioners Court recorded at Volume 170, page 815 of the official minutes of the Commissioners Court. It is to the mutual benefit of the County and City in providing public parks to the residents of the City and County to install lighting on the fishing pier (the "Project") Construction of the Project is not a duty of the City under the lease. Therefore, the County and City agree as follows: TERMS: 1. The City must prepare, or cause to be prepared, drawings and specifications for the Project in accordance with the usual requirements of City within 180 days after execution of this Agreement. Upon completion of the said drawings and specifications, the City must submit them to the County Engineer. 2. Within sixty (60) days after approval of the drawings and specifications for the Project by the County Engineer, the City must advertise for and receive bids for the construction of the Project in accordance with the approved drawings and specifications in a manner similar to that of other like City Projects. 3. Upon receipt and tabulation of the bids for the Project, the City must determine the lowest and best bid for the construction of the Project. In the event the lowest and best bid for the construction of the Project is an amount that would result in the total cost of the Project being equal to or less than the sum of $40,000.00, the City must notify the County of such bid. Within '. .A .' ." .. ...... .to . .' . e . . 30 days after receipt of such notice, the County must deliver to the City its check in the amount of the lesser of the following two amounts: (a) 50% of the lowest and best bid plus an additional 5% of the bid for contingencies, engineering costs, and engineering support services or (b) $20,000.00. 4. In the event the lowest and best bid for the construction of the project is an amount that would result in the total cost of the Project being in excess of $40,000.00, then and in that event, City has the following three options: a. City may elect to pay the additional cost and proceed to let the contract and continue with the Project. It must notify the County that it has chosen such option, and within 30 days after receipt of such notice, the County must deliver its check for $20,000.00 to the City. b. City may reject all bids and elect not to proceed with the letting of the contract and terminate the Project without further obligation to City or County. In such event, any unexpended funds previously paid by County hereunder must be immediately returned. c.. City may reject all bids and re-advertise for bids as in the first instance. 5. Within 30 days after receipt of a check from the County under Para.graph 4 or 5, the City must award the contract to the lowest and best bidder, in accordance with the usual and customary procedures of the City. Notwithstanding the above, it is expressly agreed and understood that the City reserves the right to reject all bids. In such flvent, the City, in its discretion, may either re-advertise for bids pursuant to the same understanding with regard to rejection of bids or terminate this agreement as hereinafter provided. The City's determination of the lowest and best bid for the Project is final and conclusive. 6. The City is responsible for administering the construction contract. During the construction of the Project, County has the right of access to the construction site and has the right to review all documents, maps, plats, records, photographs, reports or drawings affecting said construction, provided, however, that County gives notice by telephone to the City prior to any inspection of either the site or documents and provided further that in conducting said inspections, County does not interfere with the work in progress. 7 Upon the completion of the construction of the Project, the City must perform or cause to be performed, a final accounting and forward documentation of same to the County in a form acceptable to the County Auditor. Within 60 days after completion of the Project, the City must deliver to the County any interest earned upon funds forwarded by the County to the City hereunder plus the amount, if any, by which the amount of funds forwarded by the County to the City hereunder exceeds an amount equal to 50% of the actual costs of the construction contract -2- ,. '. 'tf .' . '.I ., I, . e and engineering and engineering support services for the Project. 8. The City may make such changes and amendments to the drawings and specifications within the general scope of the approved Project as the City deems necessary or desirable during construction of the Project so long as the original scope and intent of the Project is unchanged. 9. The County or City may terminate this Agreement, without cause, at any time prior to the letting of the contract for construction of the Project, by written notice to the other party. Upon such termination, neither party has any further obligation hereunder, except that the City must, within 30 days after such termination, return to the County any funds previously forwarded by the County hereunder. 10. It is expressly understood and agreed that County has available the maximum sum certified as available by the County Auditor in the Auditor's Certificate attached hereto to satisfy its obligations under this Agreement. It is expressly understood and agreed that City has available the maximum sum of $20,0000 to satisfy its obligations under this Agreement. Neither party is obligated to expend more than the maximum sum available to the party. 11. It is further acknowledged and agreed by the parties that upon completion of the Project, it will be part of the premises leased by the City from the County. 12, The County or its authorized representative has the right to review and audit all books, records, vouchers and documents of whatever nature related to City's performance under this Agreement during the period of performance of this agreement and for three (3) years thereafter or for so long as there exists any dispute or litigation arising from this agreement. 13. No party hereto may make, in whole or in part, any assignment of this agreement or any obligation hereunder without the prior written consent of the other party hereto. 14. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit: a. It has on the ~ day o~ ' 199" been executed on behalf of the County by the County Judge of Harris County, Texas, pursuant to an order of the Commissioners Court of Harris County authorizing such execution. -3- . '\' ,',.. . . . .., I' ... e e b. It has on the I(o~y of ~ 1996, been executed on behalf of City1;its Mayor attested by its City Secretary, pursuant to an ordinance of its City Council authorizing such execution. APPROVED AS TO FORM: HARRIS COUNTY MIKE DRISCOLL County Attorney Bxb,,^LV~ DON C. WHITLEY Assistant County Attorney BY~~ ROBERT ECKELS, County Judge ATTEST CITY OF LAPORTE ~~d.frkJ By ~n>~- Mayor PrD Tem AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $20,000.00 to accomplish and pay the obligations of Harris County herein. ~Q.~/~J Tommy J o~kins, County Auditor -4- ... . ..., , ...... _ -L",fi' , . e e . . . . ORDER AUTHORIZING EXECUTION OF AGREEMENT BY AND BETWEEN HARRIS COUNTY AND THE CITY OF LAPORTE FOR THE PROVISION OF LIGHTING FOR THE SYLVAN BEACH FISHING PIER THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ , On this the ~ day of ~~ . 191 the Commissioners Court of Harris Coun , exas, sitting as the governing body of Harris County, upon motion of Commissioner ~~ , seconded by Commissioner ~ . duly put and carried, IT IS ORDERED that County Judge is hereby authorized to execute for and on behalf of Harris County, an Agreement by and between Harris County and the City of LaPorte regarding the installation of lights for the Sylvan Beach fishing pier, under Park Fund 1000, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. PRISUlTiD 10 Commlssloaafs ~ lot. JA r. .. ~flCCfded NL....- ~