R2017-031 2017-02-13RESOLUTION NO. R2017-31
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Reimbursement and Maintenance
Agreement between the City and the Pearland Economic Development
Corporation; and awarding a competitive concealed proposal for the
construction of the Kirby Drive Entryway and Corridor Enhancements Project
to Landscape Art, Inc., in the estimated amount of $1,093,035.60.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement and Maintenance Agreement by and between
the City of Pearland and the Pearland Economic Development Corporation, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, are hereby authorized and
approved.
Section 2. That the City Council hereby awards the competitive concealed proposal to
Landscape Art. Inc., in the estimated amount reflected in Exhibit "B attached hereto.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest the Reimbursement and Maintenance Agreement, for the construction of
the Kirby Drive Entryway and Corridor Enhancements Projects.
PASSED, APPROVED and ADOPTED this the 13'x1 day of February, A.D., 2017.
ATTEST:
Fl G, TR
Y SE ' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2017-31
Exhibit "A"
REIMBURSEMENT AND MAINTENANCE AGREEMENT
This Agreement is entered into this /athday of February, 2017, by and between the CITY
OF PEARLAND, TEXAS (hereinafter "City'), and the Pearland Economic Development
Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC desire the construction of Kirby Drive Entryway and
Corridor Enhancements (hereinafter "Improvements"); and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"),
in pertinent part, defines the term 'project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage. site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, Section 505.303 of the Code, allows for the cost of the project to include the
maintenance and operating costs of the project; and
WHEREAS, the PEDC desires to fund the construction and long term maintenance of the
Improvements; and
WHEREAS, PEDC approved funding the Improvements at its January 19, 2017 Board
of Directors' meeting, after conducting a public hearing on the project; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. City shall hire a contractor to construct the Improvements shown in Exhibit "A"
attached hereto.
City has obtained competitive line item bids in accordance with Local Government
Code Chapter 252 for the construction of the Improvements. City shall review the
bids and award a contract to the respondent offering the best value to the City
within ninety (90) days. City reserves the right to reject any and all bids for the
construction of the Improvements. PEDC must approve the bid, and any change
order that exceeds 15% of the bid. Following award of the bid by City, City shall
cause construction of the Improvements to commence on or before April 1. 2017
("Commencement Date"), and shall cause the Improvements to be completed in
accordance with the plans and specifications within a reasonable period of time.
City shall on a timely basis submit, to the PEDC, invoices submitted to the City by
the contractor selected to construct the Improvements. PEDC shall, within ten (10)
days following receipt of an invoice pursuant to this section, review and approve
the invoice payment for payment to the contractor constructing the Improvements.
4. The total estimated cost of the Improvements is approximately $1,130,036, as
itemized in, Exhibit "B' hereto attached. PEDC shall fund an amount equal to the
actual cost of the improvements, which shall be paid to City in installments or a
lump sum amount. The timing and amount of the payment shall be determined at
sole discretion of the City, but in no event shall the total payments exceed the
actual cost of the improvements.
5. The City has entered into a maintenance agreement with the Lower Kirby Pearland
Management District, which has agreed to maintain the Improvements, including
but not limited to the entry feature, mowing, trimming, edging, clean up and trash
removal, turf and shrub fertilization, post emergent application, mulching, irrigation
system maintenance, fountain maintenance, and monthly electrical use. for as long
as the Improvements remain in place.
6. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the %31ay of February, 2017, and may be renewed as needed
until the Improvements are substantially complete.
7. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. No assignment by a party hereto of any rights under or interests in this agreement
will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment
no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement.
9 Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. Whenever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of
this Agreement is prohibitive or invalid under applicable law, such provision shall
be ineffective to the extent of such provision or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement.
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City:
If to PEDC:
City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 400
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corpora on
By:
Rushi Patel
Chair
CITY OF PEARLAND,
a Texas mu ipal corporation
By:
Clay P- . rson',
City Manager
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EXHIBIT A
"Improvements"
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EXHIBIT B
Estimated Total Project Cost
&
#1017-05 Bid Tabulation
City Contracts:
• Construction Estimate - $1,093,036
• Construction Contingency at 3% - $37,000
City Estimate - $1,130,036
PEDC Contracts:
• Landscape Architecture & Engineering Design - $140,000
• Materials Testing Lab - $10,000
PEDC Estimate - $150,000
Total Project Estimate - $1,280,036
6
Resolution No. R2017-31
Exhibit "B"
January 13, 2017
Matt Buchanan
Pearland Economic Development Corporation
1200 Pearland Parkway, Suite 200
Pearland, TX 77581
CLARK CONDON
10401 STELLA LINK ROAD
HOUSTON, TEXAS 77025
phone 713.871.1414 int 713.871.0888
CLARKCONDON.COM
RE: Kirby Drive Entryway & Corridor Enhancements
CCA Project No. 116-005
Dear Matt,
Two bids were received for the construction of Kirby Drive Entryway & Corridor Enhancements.
Landscape Art, Inc. has submitted a qualified bid of $1,093,035.60. This is inclusive of the base bid at $1,023,515.60 and the
accepted Alternate 1 of $69,520.00.
It is our recommendation that Landscape Art, Inc. with a bid of $1,093,035.60 be awarded the contract and authorized to
perform this work. This determination is based on several factors: previous work experience, CPS scoring, bid is below
budget, Landscape Art is primarily a Landscape Contractor which is the majority of the work to be performed and Clark
Condon has worked with Landscape Art on many projects of similar scope with great success..
Sincerely,
ason A. Mil er PLA, ASLA, LEED AP
Principal Owner
Landscape Architect
landscape architecture
Clark Condon Associates
January 2017
Lower Kirby - Kirby Drive Entryway and Corridor Enhancements
FINAL ORDER OF RANKING = #1017-05 Lower Kirby -
Kirby Drive Entryway and Cooridor Enhancements
1
2
SELECTION CRITERA
POSSIBLE
NUMBER
OF POINTS
Jerdon
Landscape Art
Selection Committee Members 1, 2, & 3
Total AVERAGE Score 100
Individual Grand Total
TAB I - Total Proposal Price (set per guidelines)* 40
Individual RATER'S Totals 100
1 2 3
1 2 3
97.0
89.0
80.0
97.0
90.0
96.0
98.0
97.0
80.0
97.0
90.0
96.0
98.0
97.0
1- Cost Proposal
40
40 40 40
36
38
37
2- Company overview and legal structure
5
5 4 4
5
5
5
3- Experience and qualifications of key project personnel
15
5 14 11
15
15
15
4- Experience with similar projects within past 5 years
15
10 15 12
15 15 15
5- Proposed project schedule and demonstrated ability to meet
schedules on similar projects
5
3 5 5
5
5
5
6- Safety record
5
5 4 5
5 5 5
7- Quality Assurance Program
10
7 10 8
10 10 10
8- Current workload and availability to start construction
5
5 5 5
5 5 5
100
85 97 90
_ 96 98 97
1/13/2017
Bid No.
Title
Description
Bid Type
Issue Date
Close Date
Responding Suppliers
1017-05 Addendum 2 Organization
Lower Kirby - Kirby Drive Entryway & Corridor Enhancements Bid Creator
The project will entail the complete supply and installation of
corridor enhancements on Kirby Drive, from Clear Creek to
Beltway 8, approximately 1 mile, to include two monument
signs, and associated site work and landscaping. Email
Request for Proposal Phone
10/27/2016 11:18:31 AM (CT) Fax
12/8/2016 02:00:00 PM (CT)
Pearland, TX
Trish Erndt Buyer
terndt@pearlandtx.gov
(281) 652-1767
(281) 652-1707
Name City State
Response Submitted Lines Responded Response Total
Jerdon Enterprise L.P.
STAFFORD
TX
12/8/2016 01:45:36 PM (CT)
40
$1,008,997.57
Landscape Art, Inc
League City
TX
12/8/2016 08:32:04 AM (CT)
40
$1,093,035.60
Project Manual
for:
Lower Kirby - Kirby Drive
Entryway & Corridor Enhancements
Bid No.: 1017-05
October 2016
Prepared By:
Pearland Economic Development Corporation
11233 Shadow Creek Parkway, Suite 235
Pearland, Texas 77584