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R2006-038 03-13-06 RESOLUTION NO. R2006-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH POAG & MCEWEN LIFESTYLE CENTER-HOUSTON FOR WATER, SANITARY SEWER AND STORM SEWER IMPROVEMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement by and between the City of Pearland and Poag & McEwen Lifestyle Center-Houston, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an agreement with Poag & McEwen Lifestyle Center- Houston, for water, sanitary sewer and storm sewer improvements. PASSED, APPROVED and ADOPTED this the 13th day of March A.D., 2006. ~~!~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: ~N.~ DARRIN M. COKER CITY ATTORNEY DEVELOPMENT AGREEMENT (EXHIBIT A TO RESOLUTION R2006-38) This Agreement is entered into this day of , 2006, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and POAG & McEWEN LIFESTYLE CENTERS- HOUSTON, LLC, a Delaware Limited Liability Company (hereinafter "Developer"). WHEREAS, Developer plans to construct a Lifestyle Center known as "Promenade Shops at Shadow Creek"(hereinafter "Promenade"), which will be served by the City' water, sanitary sewer and storm sewer systems; and WHEREAS, Developer plans to construct water, sanitary sewer and storm sewer improvements (hereinafter "Improvements") necessary for the City to provide service to Promenade and to dedicate said Improvements to the City for operation and maintenance; and WHEREAS, City desires to cooperate with Developer to provide water, sanitary sewer and storm sewer service to Promenade, and at the same time, increase and improve City's capacity to serve other properties in the vicinity of Promenade; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing water and sanitary sewer service to Promenade. 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 . WATER DISTRIBUTION a. Developer is required to install water mains along North Spectrum Boulevard, Promenade Shops Drive and Spectrum Boulevard in accordance the specifications contained in Exhibit "A" attached hereto. b. To serve additional tracts, the City has requested Developer agrees to extend a water main along North Spectrum Boulevard, from Kirby Drive to the west side of the TxDOT ditch in accordance with Exhibit "A". • c. The estimated cost for the water distribution system to serve developers requirements is $262,728. The estimated cost for the water distribution system extension requested by the City is estimated to be $70,711 . Therefore, the total estimated cost to be reimbursed by City to Developer is 1 $70, 711 as described in Exhibit "B" attached hereto. Upon completion of the project, actual costs will be accounted and reported to the City. Actual reimbursement shall not exceed the total estimated cost by more than 5% without prior approval of the City. 2. SANITARY SEWER DISTRIBUTION a. Developer is required to install a sanitary sewer line along North Spectrum Boulevard in accordance the specifications contained in Exhibit "C" attached hereto. b. To serve additional tracts, the City has requested and Developer agrees to extend sanitary sewer lines along North Spectrum Boulevard, Promenade Shops Drive and Spectrum Boulevard in accordance with Exhibit "C". c. The estimated cost for the sanitary sewer line to serve developers requirements is $1 16,539. The estimated cost for the sanitary distribution system extension requested by the City is estimated to be $468,491 . Therefore, the total estimated cost to be reimbursed by City to Developer is 468,491 as described in Exhibit "D" attached hereto. Upon completion of the project, actual costs will be accounted and reported to the City. Actual reimbursement shall not exceed the total estimated cost by more than 5% without prior approval of the City. 3. STORM SEWER SYSTEM a. Developer is required to install storm sewer improvements as depicted on Exhibit "E" attached hereto and incorporated for all purposes. b. To serve additional tracts, the City has requested and Developer agrees to oversize the storm sewer improvements in accordance with the Storm Oversize Table depicted on Exhibit "E". c. The estimated cost for the storm sewer system to serve developers requirements is $1 ,834,72899. The estimated cost for the oversizing of the storm sewer distribution system requested by the City is estimated to be an additional $1,342,593. Therefore, the total estimated cost to be reimbursed by City to Developer is $1,342,593 as described in Exhibit "F" attached hereto. Upon completion of the project, actual costs will be accounted and reported to the Developer will cause its engineers, reasonably approved by the City, to prepare plans and specifications for the construction of the Improvements desired by the City. Actual reimbursement shall not exceed the total estimated cost by more than 5% without prior approval of the City. 4. The bid specifications shall require each bidder to reflect the difference in the cost of constructing the Improvements as reflected in the plans and specifications and the cost which would have been incurred had the Improvements been constructed as required by Developer. 2 5. Upon approval of the plans and specifications by the City, Developer's engineers will obtain competitive line item bids in accordance with Local Government Code Chapter 252 for the construction of the Improvements in accordance with the plans and specifications. The bids will be reviewed by Developer and the City and a contract will be awarded to the successful bidder by Developer. City reserves the right to reject any and all bids for the construction of the Improvements. 6. Upon approval of the bids by the City, Developer shall cause the work to be completed in accordance with the plans and specifications. Developer's engineer and the City Engineer or designee shall monitor the progress and workmanship of the contractor. Developer shall advance the funds necessary to pay the contractor for the work performed. 7. The City will reimburse Developer, as defined in Paragraphs 1 , 2 and 3, within 30 days after acceptance of the Improvements by the City and evidence of paid invoices. 8. The initial term of this Agreement shall be for a period of eighteen (18) months, commencing on the day of , 2006, and terminating on the day of , 2007, at which time, this agreement may be automatically renewed in one (1) month increments contingent upon need and the necessary funds being appropriated for said project in accordance with the City's annual budgeting process. 9. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 10. 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 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. 11 . Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 12. 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. 3 13. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 14. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 15. Resolution No. R2006-36 is incorporated herein and made a part of this Development Agreement for all purposes. 16. To accomplish execution of this agreement, it may be executed in multiple counterparts. 17. DEVELOPER HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY DEVELOPER OF THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS. OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER, THEIR. AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY DEVELOPER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. . In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. 4 POAG & Mc WEN LIFESTYLE CENTERS- HOUSTON, LLC a Delaware limited liability company Robert L. Rogers, Jr. Vice President and General Counsel CITY OF PEARLAND, a Texas municipal corporation By: lf__ Bill Eisen, City Manager ATTEST: Young Lorfing City Secretary STATE OF TEXAS § BRAZORIA COUNTY § This instrument was acknowledged before me on this day of , 2006, by , on behalf of said partnership. Notary Public, State of Texas My Commission Expires: 5 STATE OF TEXAS § BRAZORIA COUNTY § This instrument was acknowledged before me on this day of , 2006, by Bill Eisen, City Manager of the City of Pearland, a Texas home rule municipality, on behalf of said municipality. Notary Public, State of Texas My Commission Expires: • DEVELOPMENT AGREEMENT (EXHIBIT A TO RESOLUTION R2006-36 ) This Agreement is entered into this day of , 2006, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and POAG & McEWEN LIFESTYLE CENTERS- HOUSTON, LLC, a Delaware Limited Liability Company (hereinafter "Developer"). WHEREAS, Developer plans to construct a Lifestyle Center known as "Promenade Shops at Shadow Creek"(hereinafter "Promenade"), which will be served by the City's water, sanitary sewer and storm sewer systems; and WHEREAS, Developer plans to construct water, sanitary sewer and storm sewer improvements (hereinafter "Improvements") necessary for the City to provide services to Promenade and to dedicate said Improvements to the City for operation and maintenance; and WHEREAS, City desires to cooperate with Developer to provide water, sanitary sewer and storm sewer service to Promenade, and at the same time, increase and improve City's capacity to serve other properties in the vicinity of Promenade; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing water and sanitary sewer service to Promenade. 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 . WATER DISTRIBUTION a. Developer is required to install water mains along North Spectrum Boulevard, Promenade Shops Drive and Spectrum Boulevard in accordance the specifications contained in Exhibit "A" attached hereto. b. To serve additional tracts, the City has requested Developer agrees to extend a water main along North Spectrum Boulevard, from Kirby Drive to the west side of the TxDOT ditch in accordance with Exhibit "A". c. The estimated cost for the water distribution system to serve developers requirements is $262,728. The estimated cost for the water distribution system extension requested by the City is estimated to be $70,711 . Therefore, the total estimated cost to be reimbursed by City to Developer is 1 $70, 71 1 as described in Exhibit "B" attached hereto. Upon completion of the project, actual costs will be accounted and reported to the City. Actual reimbursement shall not exceed the total estimated cost by more than 5% without prior approval of the City. 2. SANITARY SEWER DISTRIBUTION a. Developer is required to install a sanitary sewer line along North Spectrum Boulevard in accordance the specifications contained in Exhibit "C" attached hereto. b. To serve additional tracts, the City has requested and Developer agrees to extend sanitary sewer lines along North Spectrum Boulevard, Promenade Shops Drive and Spectrum Boulevard in accordance with Exhibit "C". c. The estimated cost for the sanitary sewer line to serve developers requirements is $1 16,539. The estimated cost for the sanitary distribution system extension requested by the City is estimated to be $468,491 . Therefore, the total estimated cost to be reimbursed by City to Developer is 468,491 as described in Exhibit "D" attached hereto. Upon completion of the project, actual costs will be accounted and reported to the City. Actual reimbursement shall not exceed the total estimated cost by more than 5% without prior approval of the City. 3. STORM SEWER SYSTEM a. Developer is required to install storm sewer improvements as depicted on Exhibit "E" attached hereto and incorporated for all purposes. b. To serve additional tracts, the City has requested and Developer agrees to oversize the storm sewer improvements in accordance with the Storm Oversize Table depicted on Exhibit "E". c. The estimated cost for the storm sewer system to serve developers requirements is $1 ,834,72899. The estimated cost for the oversizing of the storm sewer distribution system requested by the City is estimated to be an additional $1 ,342,593. Therefore, the total estimated cost to be reimbursed by City to Developer is $1 ,342,593 as described in Exhibit "F" attached hereto. Upon completion of the project, actual costs will be accounted and reported to the Developer will cause its engineers, reasonably approved by the City, to prepare plans and specifications for the construction of the Improvements desired by the City. Actual reimbursement shall not exceed the total estimated cost by more than 5% without prior approval of the City. 4. The bid specifications shall require each bidder to reflect the difference in the cost of constructing the Improvements as reflected in the plans and specifications and the cost which would have been incurred had the Improvements been constructed as required by Developer. 2 5. Upon approval of the plans and specifications by the City, Developer's engineers will obtain competitive line item bids in accordance with Local Government Code Chapter 252 for the construction of the Improvements in accordance with the plans and specifications. The bids will be reviewed by Developer and the City and a contract will be awarded to the successful bidder by Developer. City reserves the right to reject any and all bids for the construction of the Improvements. 6. Upon approval of the bids by the City, Developer shall cause the work to be completed in accordance with the plans and specifications. Developer's engineer and the City Engineer or designee shall monitor the progress and workmanship of the contractor. Developer shall advance the funds necessary to pay the contractor for the work performed. 7. The City will reimburse Developer, as defined in Paragraphs 1 , 2 and 3, within 30 days after acceptance of the Improvements by the City and evidence of paid invoices. 8. The initial term of this Agreement shall be for a period of eighteen (18) months, commencing on the day of , 2006, and terminating on the day of , 2007, at which time, this agreement may be automatically renewed in one (1 ) month increments contingent upon need and the necessary funds being appropriated for said project in accordance with the City's annual budgeting process. 9. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 10. 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. 11 . Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 12. 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. 3 13. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 14. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 15. Resolution No. R2006-36 is incorporated herein and made a part of this Development Agreement for all purposes. 16. To accomplish execution of this agreement, it may be executed in multiple counterparts. 17. DEVELOPER HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR PERSONAL INJURIES, INCLUDING DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF WHICH MAY BE SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY DEVELOPER OF THE IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY DEVELOPER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. 4 POAG & McEWEN LIFESTYLE CENTERS- HOUSTON, LLC a Delaware limited liability company Robert L. Rogers, Jr. Vice President and General Counsel CITY OF PEARLAND, a Texas municipal corporation By: Bill Eisen, City Manager ATTEST: Young Lorfing City Secretary STATE OF TEXAS § § BRAZORIA COUNTY § This instrument was acknowledged before me on this day of , 2006, by , on behalf of said partnership. Notary Public, State of Texas My Commission Expires: 5 STATE OF TEXAS § BRAZORIA COUNTY § This instrument was acknowledged before me on this day of , 2006, by Bill Eisen, City Manager of the City of Pearland, a Texas home rule municipality, on behalf of said municipality. Notary Public, State of Texas My Commission Expires: 6 • • EXHIBIT • • ( nJ . BELTWAY 8 (WIDTH VA8IE5) sY,N+Kt os#' • • .1\ 1r ` c I •`�• �a�. 1 ` LOTp 11 oe®emu CITY OF PEARLAND 1a o'44'`°t°Q 0 i Lore _ I BUEuu THE PROMENADE SHOPS Diu:Ler Es MA S V cALLPU D.l AO'N: -----:-1 r.N•ws u]r � I1' \5\� i.C.O.P.P.O.H.P. J ; f B@ C al .cc.a.P...o.i. J A F. a y a , z0 V F v o m I w .1 OF. 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I FZT`pZy la aas9rrc a DP.re : 16' m 1 e Ircvxien ,9 .i V 6..9�p ' .. r E • ytZ1g� o LGT 9; ,3 e • ' \'' . • V O\1• Y . 5 91 LOT 91/r P 1 • ' Ili �-- ssr7a fSPE ua.., - - / 4 . 6 A]EP OE DGD34E O LOI h8 V vOalEiD.].0.fr EsD \ TIY• ,G YGIv(4t 7(c SIIrJS x.e.e.a 1( I Ii-\l.D01J1W CREEK r `�_ PAUL - DOFF AI 1 . serraex fssa' R E.S 17 J F. O F A CALLED 00 ACRE IT R A i i w VOL . H 2.9 g . R 0 •'. 3 LOT%5 LOT 4 WATER MAIN 07 5 OVERSIZING 1 Va xPE.A PI .CcE•ue.P. oi.P.a xN As TRACT w.NI _ WA Engineering p&Surveying,Inc.�� m9 F•H,vaxePn 20224apdDAw . Phan TM£50IW Fit DEMOS • DelftTam 7(G2JA1 qON 6'S]J CAM MO 2006 JCB ND.'O57 0005 EXHIBIT Oversized Promenade Shops Waterline Preliminary Estimate of Probable Costs ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST; ORIGINAL WATERLINE SYSTEM 1. 12"PVC WATERLINE LF 3,752 $ 23.00 $ 86,296 2. 16"PVC WATERLINE LF 3,858 $ 37.00 $ 142,746 3.AUGER FOR 16"WATERLINE LF 40 $ 180.00 $ 7,200 4.FIRE HYDRANT UNIT EA 25 $ 2,340.00 $ 58,500 5. 12"GATE VALVE AND BOX EA 10.$ 1,150.00 $ 11,500 6. 16"BUTTERFLY VALVE AND BOX EA 3 $ 2,400.00 $ 7,200 7.2"BLOW-OFF VALVE AND BOX EA 6 $ 350.00 $ 2,100 8.CAST IRON FITTINGS TON 2.7 $ 1,700.00 $ 4,590 9.TRENCH SAFETY SYSTEM LF 7,610 $ 0.20 $ 1,522 TOTAL ORIGINAL WATERLINE ESTIMATE AMOUNT: $ 321,654 LESS TOTAL ORIGINAL WATERLINE ITEMS ESTIMATE AMOUNT: $ (262,728) TOTAL ESTIMATED OVERSIZING CONSTRUCTION AMOUNT $ 58,926 CONTINGENCY 10% $ 5,893 ENGINEERING DESIGN 7% $ 4,125 CONSTRUCTION ADMINISTRATION 3% $ 1,768 TOTAL ESTIMATED OVERSIZING ESTIMATE: • $ 70,711 v N • • ° 6 Date:3/6/2006 LJA Engineering and Surveying,Inc. w:/Land/1957/0005-Offsite Infrastructure/Waterline Probable Costs Original Promenade Shops Waterline Preliminary Estimate of Probable Costs ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST ORIGINAL WATERLINE SYSTEM 1. 12"PVC WATERLINE LF 3,752 $ 23.00 $ 86,296 2. 16"PVC WATERLINE LF 2,653 $ 37.00 $ 98,161 3.AUGER FOR 16"WATERLINE LF 40 $ 180.00 $ 7,200 4. FIRE HYDRANT UNIT EA 20 $ 2,340.00 $ 46,800 5. 12"GATE VALVE AND BOX EA 10 $ 1,150.00 $ 11,500 6. 16"BUTTERFLY VALVE AND BOX EA 2 $ 2,400.00 $ 4,800 7.2"BLOW-OFF VALVE AND BOX EA 6 $ 350.00 $ 2,100 . 8.CAST IRON FITTINGS TON 2.7 $ 1,700.00 $ 4,590 9.TRENCH SAFETY SYSTEM LF 6,405 $ 0.20 $ 1,281 TOTAL ORIGINAL WATERLINE ESTIMATE AMOUNT: $ 262,728 • Date:3/6/2006 LJA Engineering and Surveying,Inc. w:/Land/1957I0005-Offsite Infrastructure/Waterline Probable Costs EXH 7 [ IBITJ , C BELTWAY B (W I O T t/ VARIES) 1 I ffiY8'G 6:16N 6 LC1 ii: 1P�'°Q• LOT A7 C ea���P .. e¢rr r.� C/TY OF PEARLANl1 1 c 1.`d t• 0 I TOT8 m e ^.. THE PROMEMIAOE SHOPS c III 5 DIAG LEr INov C).yLkY D i l Adi! .N.IiiI3D9 \ .. . ..D.P. . < \ LI G a j 5 $111 . ""..ea.. jAT'° N6 ,, e J \\'' ► z �. o !. a \a a '.° • , 15° O�JP P i O B C. ,y I ., ���m o D, ° . ,rn mrT . SCAI F IN F=F- a �a a S N rn g II c\'1 s C . , P M - 2 z \y\ J�pV t ' JONx CL IHTDN 9 9Co. JP.. EI A_ P P .'aqua Tct E 'm E 0 ?CO 400 800 CI\\ PS , CALLED F DN 19D a ACRE TPACT A00 I° D .r O Lree9 II a 5 Q P 4.C D P .0 P P c../8° _C7) �1t1"It11 \.\ or P6 h LD—i P5 fir .0, .rs - iv Prl : n.�� ,w© ® 11 \l� �r pl��a[a11�:i11` C 4,) rvI ``NxCE PC APET 1EPSH IP ire.,1� 't,81ledta IA'1� 0I11 \\It. mlPPCT 3JYPENUtIE�OfA �mv n111I xCALLED eD.DDDD A PC TPACi C •� P.N. °!!r•q3 1� u°.P.P. II N.C.O.P.N.D.1.r. Elm... i, CAM. gym.Pik < E SY] P UY�m: LOT 39 S`CTION F :..A. ' o Law3 LOT 5 .P.e.P.•P. Q ~ �- N L« nIDM1n R.WY'mP63°1 N. -4 a 6 v . 10T 39 7a I LOT 40%a nE2!�,'�e• a.df�iga�, '1�, .. illaF_"" =E wax ER 1. 4"• s �I a `�\`Pt �H P�Y II 867392,E WU, _ m 1 ' m E a 9Li �\ 669 �. +y 9, �9y n ' \\,,LOT A r'I F 5 \ 4µ. �q �g .fig a /2 _/ I�B I+ 56--- "::,„ Pry sses ��— '�'�'' 6:Srersr 1 SPECTRUM BLVD, JDSEPH DCDE ) I OI faly,Ep e.ee 71 `(�YDL. Iis .DrsI StC 1�/'�jlu/�Nr�c�C .5�1 t"t`��'¢ LOT 56bx.c.e _,��— serwrosw.: REStlOJFnOFEA A1SI-Ii1DONA/ C:I.LLh 1- C A L L E 0 6 0 A C E T H A C. T VOL 3Z096C a . LOT >> Lo A SANITARY SEWER 9 �� mI 5 OVERSIZING � PEAtLN78 LrtvrnJ: LIIA EIIp111Mr1np i.sur�ylnp,Inc. r q ��8 altTca.L.r._ 7 GyLED s.00 Aams 777,,, 7PAB14tp�.YpM Row 1132M670U iiii v" LOT 57 txecP:BED As TPAET w,el _ SA000 Fa 1178A'JO'Oi C� P,N.YRt3T7 � FIPnIDS Tow 7f012,YN7 w LW gS47S CAM MO 2006 JCB NO.'067 0005 EXHIBIT b , ,ter . ersized Promenade Shops Sanitary Sewer Preliminary Estimate of Probable Costs ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST OVERSIZED SANITARY SEWER SYSTEM 1. 12"PVC SANITARY SEWER(0'-8'CUT) LF 255 $ 22.00 $ 5,610 2. 12"PVC SANITARY SEWER(8'-10'CUT) LF 712 $ 24.00 $ 17,088 3. 12"PVC SANITARY SEWER(10'-12'CUT) LF 312 $ 26.00 $ 8,112 4. 15"PVC SANITARY SEWER(10'-12'CUT) LF 1,009 $ 28.00 $ 28,252 5. 15"PVC SANITARY SEWER(12'-14'CUT) LF 1,319 $ 30.00 $ 39,570 6.18"PVC SANITARY SEWER(12'-14'CUT) LF 916 $ 35.00 $ 32,060 7. 18"PVC SANITARY SEWER(14'-16'CUT) LF 321 $ 40.00 $ 12,840 8. 18"D.I.P.SANITARY SEWER(14'-16'CUT) LF 160 $ 50.00 $ 8,000 9.21"PVC SANITARY SEWER(14'-16'CUT) LF 1,144 $ 60.00 $ 68,640 10.21"PVC SANITARY SEWER(16'-18'CUT) LF 95 $ 65.00 $ 6,175 11.AUGER FOR 15"SANITARY SEWER(10'-12'CUT)EXCLUDE PIPE LF 15 $ 200.00 $ 3,000 12.MANHOLE EA 21 $ 1,400.00 $ 29,400 13. EXTRA DEPTH MANHOLE(OVER 8') VF 99.7 $ 110.00 $ 10,967 14.TRENCH SAFETY SYSTEM LF 6,243 $ 1.00 $ 6,243 SUBTOTAL OVERSIZED SANITARY SEWER ESTIMATE AMOUNT: $ 275,957 MISCELLANEOUS ITEMS 1 ADDITIONAL COST FOR SANITARY SEWER BEDDING&BACKFILL FOR LF 6,243 $ 15.00 $ 93,645 UNSATISFACTORY SOIL CONDITIONS 2.DEWATERING LF 6,243 $ 22.00 $ 137,346 SUBTOTAL MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 230,991 SUBTOTAL OVERSIZED SANITARY SEWER AND MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 506,948 LESS TOTAL ORIGINAL SANITARY SEWER ITEMS ESTIMATE AMOUNT: $ 116,539 TOTAL ESTIMATED OVERSIZING CONSTRUCTION AMOUNT $ 390,409 CONTINGENCY 10% $ 39,041 ENGINEERING DESIGN 7% $ 27,329 CONSTRUCTION ADMINISTRATION 3% $ 11,712 TOTAL ESTIMATED OVERSIZING ESTIMATE: $ 468,491 • • of-=6 Date:3/6/2006 LJA Engineering and Surveying,Inc. w:/Land/1957/0005-Offsite Infrastructure/Sanitary Sewer Probable Costs Original Promenade Shops Sanitary Sewer Preliminary Estimate of Probable Costs ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST ORIGINAL SANITARY SEWER SYSTEM 1. 18"PVC SANITARY SEWER(12'-14'CUT) LF 916 $ 35.00 $ 32,060 2. 18"PVC SANITARY SEWER(14'-16'CUT) LF 321 $ 40.00 $ 12,840 3. 18"D.I.P.SANITARY SEWER(14'-16'CUT) LF 160 $ 50.00 $ 8,000 4.MANHOLE EA 5 $ 1,400.00 $ 7,000 5.EXTRA DEPTH MANHOLE(OVER 8') VF 32.3 $ 110.00 $ 3,553 6.TRENCH SAFETY SYSTEM LF 1,397 $ 1.00 $ 1,397 SUBTOTAL ORIGINAL SANITARY SEWER ESTIMATE AMOUNT: $ 64,850 MISCELLANEOUS ITEMS ADDITIONAL COST FOR SANITARY SEWER BEDDING&BACKFILL FOR 1 LF 1,397 $ 15.00 $ 20,955 UNSATISFACTORY SOIL CONDITIONS 2.DEWATERING LF 1,397 $ 22.00 $ 30,734 SUBTOTAL MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 51,689 SUBTOTAL ORIGINAL SANITARY SEWER AND MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 116,539 Date:3/6/2006 LJA Engineering and Surveying,Inc. w:/Land/1957/0005-Offsite Infrastructure/Sanitary Sewer Probable Costs • 1/26/2006 I:\Projdskl\I607\0501\utiIity sizing.dgn ,. STORM OVERSIZING TABLE PIPE LENGTH ORIGINAL SIZE OVERSIZED 1 40' 30' STM SWR 60' STM SWR • 2 259' 36' STM SWR 60' STM SWR 3 181' 36' STM SWR 60' STM SWR LEGEND � 4 40' 30' STM SWR 60' STM SWR ' 5 559' 84' SIN SWR DBL 7' x 5' RCB 6 40' 24' STM SWR 36' STM SWR STM SWR - STORM SEWER PIPE 7 252' 7' x 6' RCB DBL 7' x 5' RCB SCALE iN FEET 8 132' 7' x 6' RCA DBL 7' x 5' RCA I RCBmmis REINFORCED CONCRETE BOX CULVERT 9 241' DAL 6' x 6' RCB DBL 10' x 5' RCA 0 125 250 500 T50 DBL RCB - DOUBLE BARREL R.C.B. 10 363' DBL 7' x 6' RCA DBL II' x 6' RCB II 170' DAL 7' x 6' RCB DBL I I' x 6' RCB - BENEFITED AREAS 12 40' 24' STM SWR 54' STM SWR 13 40' 24' STM SWR 36' STM SWR 14 319' 30' STM SwR 60' STM SWR . Mill - OVERS I ZED P I PES 15 322' 30' STM SWR 60' STM SWR 16 46' 36' STM SWR 66' STM SWR BELTWAY 8 17 7.9'' 36' STM SWR 66' STM SWR 18 30' 72' STM SWR 84' STM SWR 19 381' 72' STM SWR 84' STM SWR I I I 20 360' 72' STM SWR 84' STM SWR I I 21 40' 18' STM SWR 54' STM SWR I I I -......\ 22 546' 78' STM SWR 8' x 7' RCB I I 23 132' 78' STM SWR 9' x 7' RCB I — — — — I I L— — — -- — I 24 34' 18' STM SWR 42' STM SWR I I I \ I I 25 . 134' 78' STM SWR 9' x 7' RCB 26 40' IB' STM SWR 60' STM SWR I 1 I I / - jI L 47'-48'STM.SWR. 11 �� ..- / � 1014 cam\=` r EXHIBIT 1 _ CITY OF PEARLAND PROPOSED IMPROVEMENTS SPECTRUM REGIONAL DETENTION ANALYSIS LJA Engineering & Surveying, Inc. A. Phone 713.953.5200 2929 Briarpark Drive Fax 713.953.5026 Suite 600 Houston,Texas 77042-3703 DATE:DECEMBER 12,2005 JOB NO.: 1607-050' EXHIBIT F1 Oversized Storm Sewer Preliminary Estimate of Probable Costs Feasibility estimate of probable costs for the construction of the Spectrum Regional Detention Facilities LJA JOB NO.1607-0501 ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST OVERSIZED STORM SEWER SYSTEM 1.18°STORM SEWER LF 166 $ 37.50 $ 6,225 2.24"STORM SEWER LF 478 $ 41.25 $ 19,718 3.30°STORM SEWER LF 554 $ 67.25 $ 37,257 4.36°STORM SEWER • LF 382 $ 75.00 $ 28,650 5.42"STORM SEWER LF 412 $ 121.53 $ 50,070 6.48°STORM SEWER LF 458 $ 146.50 $ 67,097 7.54°STORM SEWER LF 80 $ 141.25 $ 11,300 8.60"STORM SEWER . LF 1,307 $ 206.50 $ 269,896 9.66°STORM SEWER LF 125 $ 252.75 $ 31,594 10.72°STORM SEWER . LF 60 $ 258.00 $ 15,480 11.78"STORM SEWER LF $ . 263.50 $ - 12.84"STORM SEWER LF 741 $ 290.00 $ 214,890 13.7'X 5'CONCRETE BOX CULVERT LF 60 $ 326.00 $ 19,560 14.8'X 7'CONCRETE BOX CULVERT LF 546 $ 494.50 $ 269,997 15.9'X 7'CONCRETE BOX CULVERT LF 266 $ 565.00 $ 150,290 16.DOUBLE 7'X 5'CONCRETE BOX CULVERT • LF 943 $ 652.00 $ 614,836 17:DOUBLE"10'X 5'CONCRETE BOX CULVERT LF 132 $ 1,000.00 $ 132,000 18.DOUBLE 11'X 6'CONCRETE BOX CULVERT LF 533 $ 1,228.00 $ 654,524 19.STAGE I-STANDARD(C)PRECAST INLET EA 14 $ • 750.00 $ 10,500 - 20.STAGE.]I-STANDARD(C)PRECAST INLET EA 14 $ 855.00 $ 11,970 21.STAGE!-MODIFIED(C)PRECAST INLET FOR LARGE STM SWR EA 12 $ 1,000.00 $ 12,000 22.STAGE II-MODIFIED(C)PRECAST INLET FOR LARGE STM SWR EA 12 $ 855.00 $ 10,260 23.TYPE"C"MH FOR 42"STM SEW.AND SMALLER EA 4 $ 1,750.00 $ 7,000 . • 24.TYPE"C"MH FOR 48"-72"STM SEW. EA 7 $ 4,570.00 $ 31,990 25.TYPE C"MH FOR 78"STM SEW.AND LARGER EA 1 $ 5,700.00 $ 5,700 26.JUNCTION BOX W/"C"MANHOLE TOP EA 9 $15,450.00 $ 139,050 27.TRENCH SAFETY SYSTEMS,ALL DEPTHS LF 7,243 $ 1.20 $ 8,692 28.8"BRICK PLUG,ALL SIZES EA 14 $ 295.00 $ 4,130 29.CELLULAR CONCRETE MATTRESS SY 638 $ 52.00 $ 33,176 30.18"THICK RIP-RAP SY 1,037 $ 36.50 $ 37,851 31.REMOVE PLUG AND CONNECT 30"STM SWR EA 1 $ 500.00 $ 500 32.CONNECT 42"STM SWR TO 10'xB'BOX • EA 1 $ 500.00 $ 500 33.CONNECT 24"STM SWR TO 10'x8'BOX EA 1 $ ,500.00 $ 500 SUBTOTAL OVERSIZED STORM SEWER ESTIMATE AMOUNT: $ 2,907,202 MISCELLANEOUS ITEMS ADDITIONAL COST FOR STORM SEWER BEDDING&BACKFILL FOR UNSATISFACTORY LF 1,811 $ 15.00 $ 27,165 SOIL CONDITIONS 3.DEWATERING . LF 500 $ 22.00 $ 11,000 _ • 4.EXTRA CEMENT STABILIZED SAND CY 50 $ 20.00 $ .1,000 5.STABILIZED CONSTRUCTION EXIT EA 1 $ 1,200.00 $ 1,200 • 6.FILTER FABRIC FENCE LF 3,800 $ 1.20 $ 4,560 7.HYDROMULCH SEEDING AND FINE GRADING AC 1 $ 1,000.00 $ 1,000 8.BROADCAST SEEDING,FERTILIZING,AND WATERING AC 1 $ 600.00 $ 600 SUBTOTAL MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 46,525 SUBTOTAL OVERSIZED STORM SEWER AND MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 2,953,727 • LESS TOTAL ORIGINAL STORM SEWER AND MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ (1,834,899) TOTAL ESTIMATED OVERSIZING CONSTRUCTION AMOUNT $ 1,118,828 CONTINGENCY 10% $ 111,883 • ENGINEERINdbESIGN • 7% $ 78,318 CONSTRUCTION ADMINISTRATION 3% $ 33,565 TOTAL ESTIMATED OVERSIZING ESTIMATE: $ 1,342,593 • • .. Zc & ' Date:3/6/2006 LJA Engineering and Surveying,Inc. wiLand/160710501/Oversizing Exhibit-OVERSIZED STORM Original Promenade Shops Storm Sewer Preliminary Estimate of Probable Costs Feasibility estimate'of probable costs for the construction of the Spectrum Regional Detention Facilities LJA JOB NO.1607-0501 ITEM DESCRIPTION UNIT QUAN. UNIT COST TOTAL COST ORIGINAL STORM SEWER SYSTEM 1. 18"STORM SEWER LF 280 $ 37.50 $ 10,500 2.24"STORM SEWER LF 598 $ 41.25 $ 24,668 3.30"STORM SEWER LF 1,315 $ 67.25 $ 88,434 4.36"STORM SEWER LF 867 $ 75.00 $ 65,025 5.42"STORM SEWER LF 378 $ 104.25 $ 39,407 6.48"STORM SEWER LF 458 $ 150.00 $ 68,700 7.60"STORM SEWER LF 66 $ 206.50 $ 13,629 8.72"STORM SEWER LF 801 $ 258.00 $ 206,658 9.78"STORM SEWER LF 812 $ 263.50 $ 213,962 10. 84"STORM SEWER LF 559 $ 290.00 $ 162,110 11.7'X5'CONCRETE BOX CULVERT LF 60 $ 326.00 $ 19,560 12.7'X6'CONCRETE BOX CULVERT LF 384 $ 360.00 $ 138,240 13. DOUBLE 6'X6'CONCRETE BOX CULVERT LF 241 $ 540.00 $ 130,140 14. DOUBLE 7'X6'CONCRETE BOX CULVERT LF 533 $ 690.00 $ 367,770 15.STAGE I-STANDARD(C)PRECAST INLET EA 21 $ 750.00 $ 15,750 16.STAGE I I-STANDARD(C)PRECAST INLET EA 21. $ 855.00 $ 17,955 17.STAGE I-MODIFIED(C)PRECAST INLET FOR LARGE STM SWR EA 5 $ 1,000.00 $ 5,000 18.STAGE II-MODIFIED(C)PRECAST INLET FOR LARGE STM SWR EA 5 $ 855.00 $ 4,275 19.TYPE"C"MH FOR 42"STM SEW.AND SMALLER EA 9 $ 1,750.00 $ 15,750 20.TYPE"C"MH FOR 48"-72"STM SEW. EA 4 $ 4,570.00 $ 18,280 21.TYPE"C"MH FOR 78"STM SEW.AND LARGER EA • 4 $ 5,700.00 $ 22,800 22.JUNCTION BOX W/"C"MANHOLE TOP . EA 5 $15,400.00 . $ 77,000 23.TRENCH SAFETY SYSTEMS,ALL DEPTHS LF 7,352 $ 1.20 $ 8,822 24. 8"BRICK PLUG,ALL SIZES EA 14 $ 295.00 $ 4,130 25. CELLULAR CONCRETE MATTRESS SY 290 $ 65.00 $ 18,850 26. 18"THICK RIP-RAP SY 796 $ 36.50 $ 29,054 27. REMOVE PLUG AND CONNECT 30"STM SWR EA 1 $ 500.00 $ 500 28. CONNECT 42"STM SWR TO 10'x8'BOX EA 1 $ 500.00 $ 500 29.CONNECT 24"STM SWR TO 10'x8'BOX EA 1 $ _ 500.00 $ 500 SUBTOTAL ORIGINAL STORM SEWER ESTIMATE AMOUNT: $ 1,787,969 MISCELLANEOUS ITEMS ADDITIONAL COST FOR STORM SEWER BEDDING&BACKFILL FOR LF 1,838 $ 15.00 $ 27,570 1' UNSATISFACTORY SOIL CONDITIONS 3.DEWATERING LF 500 $ 22.00 $ 11,000 4.EXTRA CEMENT STABILIZED SAND CY 50 $ 20.00 $ 1,000 5.STABILIZED CONSTRUCTION EXIT EA 1 $ 1,200.00 $ 1,200_ 6. FILTER FABRIC FENCE LF. 3,800 $ 1.20 $ 4,560 7.HYDROMULCH SEEDING AND FINE GRADING AC 1 $ 1,000.00 $ 1,000 8. BROADCAST SEEDING,FERTILIZING,AND WATERING . AC 1 $ 600.00 $ 600 SUBTOTAL MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 46,930 SUBTOTAL ORIGINAL STORM SEWER AND MISCELLANEOUS ITEMS ESTIMATE AMOUNT: $ 1,834,899 ( t- ,-.. ti.u� cveev vv •revvvv vvevvv 45 o9eeee..�29 a °° IC ill A L �t'��,°-'` Date:3/6/2006 LJA Engineering and Surveying,Inc. w:'/Land/1607/0501/Oversizing Exhibit-ORIGINAL PROM SHOPS