R2019-061 2019-02-25 RESOLUTION NO. R2019-61
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 sealed proposal for the construction
of the Broadway East Entryway and Corridor Enhancements Project, to
Landscape Art, Inc., in the estimated amount of$216,281.08.
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 sealed 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 Broadway East Entryway and Corridor Enhancements Projects.
PASSED, APPROVED and ADOPTED this the 25th day of February, A.D., 2019.
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TOM REID
MAYOR
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APPROVED AS TO F0-
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LAWRENCE
O' -------LAWRENCE PROVINS
DEPUTY CITY ATTORNEY
EXHIBIT A
"Improvements"
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EXHIBIT B
Estimated Total Construction Cost
#1019-06 Bid Tabulation
City Contracts:
• Construction Bid - $216,281.08
• Construction Contingency at 15% -$22,719
City Estimate - $239,000
PEDC Contracts:
• Construction Phase Services - $20,000
• Materials Testing Lab - $5,000
PEDC Estimate - $25,000
Total Project Estimate - $264,000
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Bid# 1019-06 Addendum 1 Organization Pearland, TX
Title Pearland Broadway East Entryway Bid Creator Julie Blackmore Contract Administrator
The City of Pearland is accepting proposals for the supply and
installation of a Pearland Entryway and associated
enhancements on Broadway (FM 518),just west of the City's
Description limit with Friendswood. Email jblackmore@pearlandtx.gov
Bid Type RCSP-Sealed Phone 281 (652) 1790 x
Issue Date 10/31/2018 10:10:00 AM (CT) Fax
Close Date 11/29/2018 02:00:00 PM (CT)
Responding Suppliers
Name City State Response Submitted Lines Responded Response Total
Stone Castle Constructors, LLC Houston TX 11/29/2018 11:43:43 AM (CT) 28 $206,470.01
DL Meacham LP Houston TX 11/29/2018 11:44:44 AM (CT) 28 $213,591.00
Landscape Art, Inc League City TX 11/29/2018 10:30:57 AM (CT) 28 $216,281.08
Jerdon Enterprise L.P. STAFFORD TX 11/29/2018 11:52:53 AM (CT) 28 $247,792.50
R2019-61
REIMBURSEMENT AND MAINTENANCE AGREEMENT
BROADWAY EAST ENTRYWAY
EASTERN CITY LIMIT ON BROADWAY
This Agreement is entered into this 25'' day of February, 2019, 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 Broadway East Entryway
improvements near the eastern city limit on Broadway (hereinafter "Improvements"); and
WHEREAS, the PEDC has entered into a contract for the design of the 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 28, 2019 Board
of Directors' meeting; 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.
2. 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 1% of the bid. Following award of the bid by City, City shall
cause construction of the Improvements to commence on or before April 1, 2019
("Commencement Date"), and shall cause the Improvements to be completed in
accordance with the plans and specifications within a reasonable period of time.
3. 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 estimated construction cost of the Improvements is approximately $239,000,
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. PEDC agrees 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,
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 S4`.day of February, 2019, and may be renewed as needed
until the Improvements are substantially complete, except that the maintenance
obligations of PEDC shall survive the term of this agreement perpetually.
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.
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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: City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
If to PEDC: Pearland Economic Development Corporation
Attn: Chairman
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas n -profit corporation
By:
Chair
CITY OF PEARLAND,
a Texas • icipal cor ation
B
Y
C earso ,
City Manag-r
ATTEST:
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