HomeMy WebLinkAboutO-1998-2229
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OR'G~NAL
ORDINANCE NO. 98-2229
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE LA PORTE SOCCER CLUB, REGARDING THE
CONSTRUCTION OF A BUILDING AT NORTHWEST PARK; SUPERSEDING A LIKE
AGREEMENT BETWEEN THE PARTIES DATED AUGUST 12, 1996; 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 10 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
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 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.
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ORDINANCE NO. 98-2229
PASSED AND APPROVED, this ~ day of JOlpri \
ATTEST:
By:
CITY OF LA PORTE
~~~
Mayor
~a.(l Mid
Mart: a A. Gillett
City Secretary
AP~ tJ
Knox W. Askins
City Attorney
PAGE 2
, 1998.
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STATE OF TEXAS {
{
COUNTY OF HARRIS {
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation, of Harris County, Texas,
hereinafter referred to as the "City", and LA PORTE SOCCER CLUB, of
Harris County, Texas, hereinafter referred to as the "Association",
WIT N E SSE T H:
WHEREAS, the City is the owner and operator of Northwest Park
and the soccer facilities located there as part of the parks and
recreational facilities of the communitYi and .
WHEREAS, the City and the Association have entered into an
agreement regarding the use of youth'soccar facilitiesi'and
WHEREAS, the Association has contributed funds in past years,
which funds have been matched by the City, toward the construction
of various amenities and facilities at the soccer facilities owned
by the CitYi and
WHEREAS, the parties desire to enter into an agreement for the
Association to construct a concession/pavilion facility at
Northwest Park:
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in
consideration of the mutual covenants, agreements and benefits to
both parties, it is agreed as follows:
I.
This agreement supersedes a like agreement between the parties
dated August 12, 1996. Upon the execution of this agreement, City
shall refund to the Association, the sum of $35,000.00, plus
accrued interest.
II.
Association shall have prepared, under seal of a Texas
professional engineer or architect, and with the prior review and
approval by City, a full set of building plans and specifications
suitable for permitting and construction of a concession/pavilion
facility. The plans will indicate that City is to install water
and sewer lines up to the water meter location, and the sewer stack
location, of the new facility. City shall have the opportunity of
prior review and approval of such plans and specifications, and
ci ty shall select and approve interior and exterior colors and
finishes.
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III.
It is anticipated that Association shall enter into and
agreement with Moorehouse Construction, Inc., of Houston, Harris
County, Texas, for construction of the City approved facility.
This agreement shall stipulate, among other things, the following:
a) The construction cost shall not exceed $50,000.00. The
City of La Porte shall not be a party to the agreement
between the Association and Moorehouse Construction,
Inc., and shall have no corporate liability thereon.
b) Moorehouse Construction, Inc. shall provide insurance
coverage as described on Exhibit "A" hereto, naming the
Association and the City as "additional named insureds".
c) Moorehouse Construction, Inc. shall provide statutory
performance and payment bonds in the full amount of the
contract price, naming the Association as owner-
beneficiary. Association shall assign its rights and
benef its as owner and contracting party, under the
performance and payment bonds, to the City of La Porte.
d) The construction contract shall provide that the project
shall be substantially completed with 120 consecutive
calendar days.
e) Plan review and building permits are required by the
City, but the City shall waive all associated fees for
this project.
f) The construction contract shall provide that Moorehouse
Construction, Inc. shall provide a one year warranty for
this facility, which one year warranty shall be assigned
by the Association to the City.
IV.
The Association shall comply with Texas law having to do with
progress payments; retainage; and the obtaining of final affidavits
of bills paid for labor and material, upon completion of the
project. Upon delivery by the Association to the City of such
final affidavits of payment by the contractor, and upon expiration
of the final thirty (30) day retainage period, the City shall
deliver the sum of $15,000.00 cash to the Association.
v.
Ownership of the facili ty shall remain in the City. The
Association shall have no claim to ownership or use of the
facility, except as set forth in a separate agreement between the
City and the Association.
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VI.
This instrument contains the entire agreement between the
parties relating to the rights granted in the agreement and the
obligations assumed as a part .of the agreement. Any
representations or modifications concerning this agreement shall
have no force or effect unless modified in writing, and signed by
each party to the agreement.
VII.
If any section, sentence, phrase, clause, or any part of any
section, sentence, phrase, or clause, of this Agreement shall, for
any reason, not be legally or factually valid, such invalidity
shall not affect the remaining portions of this Agreement.
IN TESTIMONY WHEREOF, this instrument has been executed in
duplicate, each to have the effect of an original as follows:
(P..).
It has been executed on behalf of the City on the J3ft-.. day
of t&il ( , 1998, by its City Manager and attested
by it City Secretary, pursuant to an Ordinance of the
City Council of the City of La Porte, authorizing such
execution; and
(B)
It has been executed on behalf of the Association on the
~ day of ~. , 1998, by its President and
attested by it Secretary, pursuant to authorization from
the Board of Directors of the La Porte Soccer Club,
authorizing such execution.
ATTEST:
CITY OF LA PORTE
By: 61~ 't ~
Robert T. Herrera
City Manager
By:
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REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shaH obtain insurance
as detailed. Each policy obtained by the CONTRACTOR for work with this contract,
with exception of the Worker's Compensation policy, shall name the OWNER and the
ASSOCIATION as an additional insured. The c.overage and amounts designated are
minimum requirements and do not establish limits of the contractor's liability. Additional
coverage may be provided at the CONTRACTOR'S option and expense. Insurance must
include:
General Liability:
Commercial General Liability
General Aggregate
Personal Injury
Each Occurrence
$1,000,000.00
$1,000,000.00
$1,000,000.00
Automobile Liability:
Combined Single Limit
$1,000,000.00
Excess Liability:
U mbreHa
Each Occurrence
Each Aggregate
$1,000,000.00.
$1,000,000.00
Worker's Compensation and Employers Liability:
As Required by Texas Law
Builder's Risk Insurance:
In the Amount of the Contract Price
EXHIBIT A
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P.O. Box 2033
La Porte. Texas 77571
Phone 281-315.1001
April 08, 1998
Mr. Stephen L. Barr, Director
Parks & Recreation Department
City of La Porte
P.O. Box 1115
La Porte, Texas 77571
AGREEMENT FOR SOCCER FACn.ITIES
I hereby certifY that the Agreement between the La Porte Soccer Association and the City of La Porte for use of the
city soccer facilities, and the Agreement between the La Porte Soccer Association and the City of La Porte for
construction ofa concession/pavilion facility at Northwest Park; was approved by the Board of Directors of the
Association at an emergency board meeting on April I, 1998, subject to approval by the City Council of La Porte.
If there are questions or oth~ infonnation regarding this matter, please do not hesitate to contact me at (281)
470-2341.
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'To:
- From:
Robert T. Herrera, City Manager
Stephen L. Barr, Parks and Recreation Director
Re:
Construction of Soccer Association ConcessionIRestroom Building
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Historv
On August 12, 1996, the City of La Porte entered into an agreement with the La
Porte Youth Soccer Association to construct a concession/restroom facility at Northwest
Park. The Association provided $35,000 toward construction and the City pledged $20,000
'toward the 'building for a total budget of $55;000. The City provided plans, and
specifications for a structure that, based on estimates from a local builder, would be within
budget.
After plan approval by the Association, the City took the project out for bid. When
the bids were opened on 1 December 1997, the only bidder, Oerk Hannsen Construction
submitted a bid for $92,000 for construction of the building ($37,000 over projected
budget). The company who had given the $55,000 estimate declined to bid on the project,
citing difficulties in obtaining the required bonds.
ProDosal
The Soccer Association President, Randy Sayers, has proposed an alternate
method of funding the building. As an employee of Morehouse Construction, Inc., Mr.
Sayers has received permission from his company to:
1. propose some minor changes in design of the building and have them stamped
by the appropriate professional (Le. cinderblock construction rather than brick
fac;ade, and relocation of interior walls).
2. prepare cost estimates which show that the building can be built for +/- $50,000
by Morehouse Construction, Inc.
3. develop an agreement between the Soccer Association and Morehouse
Construction, Inc. to construct a building meeting the new plans and
specifications at Northwest Park on behalf of the City and the Association for an
amount not to exceed $50,000.
In order to make this proposal work, the City would:
1. give back the $35,000 plus interest of $3,277 (through 28 February 1998), as
was stipulated in the original agreement.
2. develop a new agreement with the Soccer Association to provide up to $15,000