R97-39 06-23-97RESOLUTION NO. R97-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED
DEVELOPMENT AGREEMENT WITH PEARLAND PLAZA PARTNERS, A
TEXAS GENERAL PARTNERSHIP, FOR OVERSIZE CONSTRUCTION OF
A WATER MAIN AND SANITARY SEWER FACILITIES TO SERVE A
SHOPPING CENTER SITE AND OTHER PROPERTIES IN THE VICINITY OF
THE INTERSECTION OF BROADWAY (FM 518) AND OLD MANVEL
ROAD (FM 1128), CONCRETE PAVEMENT OF A THOROUGHFARE
EXTENDING INTO THE SITE, AND TRAFFIC SIGNAL IMPROVEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Revised Development Agreement by and between the
City of Pearland and Pearland Plaza Partners, a Texas General Partnership, a copy of
which is attached hereto as Exhibit "A" and made a part hereof for al purposes, is
hereby authorized and approved, thereby replacing the Development Agreement dated
February 27, 1997, attached as Exhibit "A" to Resolution No. R96-65.
Section 2. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached agreement for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the~?.~--Pday of ~x4v2__- ,
A.D., 1997.
ATTEST:
TO~"R~D
MAYOR
RESOLUTION NO. R97-39
APPROV_ED AS TO FORM:
2
REVISED DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R97-39)
This Agreement is entered into this 23rd day of June , 19 97 , by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and PEARLAND
PLAZA PARTNERS, a Texas general partnership (hereinafter "Partners").
WHEREAS, Partners plan to construct water and sanitary sewer facilities necessary
for the City to provide water and sanitary sewer services to their Shopping Center Site
(hereinafter "Site") located at the intersection of Broadway (FM 518) and Old Manvel
Road (FM 1128) and to dedicate said water and sanitary sewer facilities to the City
for operation and maintenance; and
WHEREAS, Partners plan to construct a concrete curbed and guttered street from
Broadway northward into their Site, said street being designated on the Thoroughfare
Plan of the City as a thoroughfare with a 100-foot wide right-of-way, said right-of-way
Partners have dedicated by subdivision plat; and
WHEREAS, City desires to cooperate with Partners and provide water and sanitary
sewer service to Partners' Site, and at the same time, increase and improve City's
capacity to serve other properties in the vicinity of the Site; and
WHEREAS, City desires to implement its Thoroughfare Plan through participation with
Partners in the paving of the street extending into the Site; and
WHEREAS, City and Partners desire an agreement to set forth their respective
responsibilities with regard to providing water and sanitary sewer service and public
access to the Site.
WJTNESSETH:
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:
Partners agree to construct a sixteen-inch (16") water main and sanitary sewer
lift station and force main to serve the Site and surrounding properties, with the
understanding that a ten inch (10") water main and sanitary sewer lift station
and force main is needed to serve the Site only. Actual construction costs shall
be determined by competitive, line item bids to be provided by Partners, and
reviewed by the City Engineer to compare said bids to recent construction costs
'experienced by City.
The City agrees to reimburse Partners for the cost of oversizing said water main
and sanitary sewer lift station and force main to serve the Site and surrounding
properties as follows:
City reimbursement for oversizing the water main shall be limited to the
lesser of actual construction costs or the cost estimate labeled "Exhibit
A to the Agreement" attached hereto and made a part hereof.
(b)
City reimbursement for oversizing sanitary sewer facilities shall be limited
to actual construction costs not to exceed 995,200.00, which is the
estimated cost of increasing the sanitary sewer force main from four inch
(4") to eight inch (8"), increasing the size and depth of the lift station
wet well and increasing the sanitary sewer main from eight inch (8") to
twelve inch (12") and lowering said main four feet (4'), as outlined in the
attached cost estimate labeled "Exhibit C to the Agreement," plus a 5
percent (5%) contingency.
(c)
Reimbursement by City to Partners shall be made monthly based on
contractor payment requests approved by both Partners' project engineer
and the City Engineer.
Partners agree to construct a four-lane concrete curbed and guttered
thoroughfare through the Site and make necessary signal improvements at the
intersection of Reid Boulevard/FM 1128 and Broadway (FM 51 8) in accordance
with City and TxDOT specifications.
City agrees to reimburse Partners for the cost of paving two lanes of the four
lane thoroughfare to be constructed by Partners through the Site and a portion
of the cost of traffic signal improvements. City reimbursement for paving shall
be limited to the lesser of actual construction costs or the cost estimate labeled
"Exhibit B to the Agreement" attached hereto and made a part hereof. City
reimbursement for traffic signal improvements shall be limited to the lesser of
actual construction costs or 920,000.00. ActUal construction costs shall be
determined by competitive, line item bids to be provided by Partners, and
reviewed by the City Engineer to compare said bids to recent construction costs
experienced by City.
City reserves the right to reject any and all bids for the construction of a sixteen
inch (16") water main and/or concrete paving if construction costs exceed
those in Exhibit A and/or Exhibit B in the event Partners decline to fund the
shortfall.
The initial term of this Agreement shall be for a period of one (1) year,
commencing on the 23~'d day of June , 19 97, and terminating on the
23rd day of June , 19 98, at which time, this agreement may be
automatically renewed in one (1) year increments contingent upon need and the
necessary funds being appropriated for said project in accordance with the
City's annual budgeting process.
This agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
2
10.
11.
12.
13.
14.
15.
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.
Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
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.
This agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
Resolution No. R97-39 is incorporated herein and made a part of this
Development Agreement for all purposes.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
PARTNERS 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 PARTNERS, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS,
OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY PARTNERS OF THE
WATER AND SANITARY SEWER FACILITIES AND THOROUGHFARE
REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. PARTNERS 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,
3
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
PARTNERS, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS
ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY PARTNERS. 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.
PEARLAND PLAZA PARTNERS,
By: Mil~d~/~~ne' . ex Generarl alP parat rntneres rhip
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
By: ~ ~
Paul Grohman
City Manager
4
STATE OF ~L,~-'o~/,/,~ §
COUNTY OF J-o.S f~n~/e~ §
This instrument was acknowledged before me on this /s.~f day of
paDrt~e~rbs,T' ,19 c/1 , by Elliot Megdal, Managing General Partner of Pearland Plaza
a Texas general partnership, on behalf of said partnership.
CONNIE BUSTAMANIE
Commission # 109178')
Notary Public, State of
MyCommissionExpires:
STATE OF TEXAS §
§
BRAZORIA COUNTY §
This instrument was acknowledged before me on this,,~;~-? day of
x/Zt~,- 19 ~'7 by Paul Grohman City Manager of the City of Pearland,
I,
~:~7~ DEBRA J. 8CHIELKE
~;~~~%~~ MyCommissionExpires: ~-,~-~O
EXHIBIT "A" TO THE AGREEMENT
,,~,,
IR' PVC (nR 18)Wal~flJne
(Open Cut)
I r PVC (0R t 8) Ware Line
(Auge)
1~ PVC (DR 18) W~ ~
(~ c~)
12 PVC (~ 18)WI~ U~
(A~)
rPVC(DN 1B)W~)
(~O
kl 1Z'k~lteVaIve&Box
10 16" x 16' Cro5~
!1 18'xe'Cmss
ii'.i_it-iX-)l-~,.T- i
Tr, q~/13 16"xl::t'Tee
14 16'xB'Tew
15 16' Plug & C imp
16 12" Plug & Cm'np
17 0" P~S a C~mp
19 Z'
20 24'StmeCasegCAueer)for
lr vvc w~ ~ne ~.
J~pe. skid~w~l~r~o~)
22 lrSt~dC4s~g(A.gm)~
Itqln~4z~z6-tee, ~ GV&6,
i0m.~.dr~,~ndrnh~dram)
24 T~/mh
CONSTRUCTION COST ESTIMATE FOR IG" WATER LINE EXTENSION
AlbadBon's 4~ FM IHI & Max Road, Pearland, Texag
LF. $ 29.00 1,041 I .~36 '929 ~ ,208 993 5264
LF. $ 4,5.00 m20 325 446
L.F. $ 21:).Cl0 10 I0 20
LF. S 36.00 '
LF. $ 1~00 40 I0 10 60
L.F. $ 32°00
EACH $ 2,500.00 5 1 1 3 10
EACH ~ 9,10.00 t I ' Z
EACH S SOO.CO 2 I 1 1 ,~
EACH $ ~00.C30 1 ' 1
EACH $ 8,,e:O.00 I 1
I~;q'~,"l ~.!:.::25.D0 I 1
EACH S 625.00 1 I I .3
EACH $ 3~.0Q 3 3
IE, AC;H $ 17,~.00 I I 2
EACH $ lSO.OO 2 ~ I ~ S
EACH $ 500.00' I 1
L.F. $ 130.00 179 44 45 92 360
110.00
t..F. S SO.00 8O 80 9O 25~' '
EACH $ 2.250.00 2 2 3 2 1 10
LF $ 1.OO 1 ,~0t 1,176 fr/3 1.238 910 5.444
SUBTOTAL
CONTI, mGENCY (leA)
TOTAL
R :%215960131:;OST',INL,XL,5
$o,
$~ .9oo
$1.875
$975
$7~O
~XHIBll "A" TO THE AGREEMENT
1
2
4
5
6
7
CONSTRUCTION COST ESTIMATE FOR I0" WATER LINE EXTENglON
osscmP~o.
Albertlon's ~ FM 518 & Mix RN{I, Puffand, Texas
8'C-~eVa,ve&Box
120 326
1C
I I
446 $
10 $
$
7 $
EACH $ 500.00
1 ~ $
~ ~ s
I ~ S
~ 1 S
1 $
80 8O $
10" x 6' Cross " EACH $ 700.00 .....
8 lO'xB"Tee r..A~H $ ~10rJ.t.1)
9 10' Pka9 8 Clamp EACH $ 16&00
¶t~ r IqugA CLamp EACH $ 150.00
11 !2'x10'Redu;er EACH $ 275.00
EACH $ 500.00 I
V~3 16'StedCamg(AuiW)for
r' PVC warm ~ (Ir~l. ~rriet
~4 lrSteeiCash~{A~;elfo,
10' PVC Warm' L~ 0rid. career
mmnsizex6'tet6'GV&8.
1Ou. ~e'hNd. am~rehydrat~)
15 TrenchSafay
*Thedwek>petteberer, f~-,sibW
fororW2kehydranmper
A~Qri 17, 1996 meetir~
LF. $
LF. $ 1(30.00 ~e 44 45 92
EACH
L.F~ $ tOO 1,021 1.166 959 I~28
260 $
1 2 $
$tJTOTAL $
CONT1NQENCY(~Q%) S
TOTALS
1
15,164
160
5,075
700
275
500'
28,000
4;XX~
R~ll 596013%COST~WL10.X!.S 11/6/96
r, AIlI, Dl I
FM 1128 EXTENSION
Pro~'o~d Plying (615 LF) ~
Preliminary Cost Estimate
IU IMI;
AbK~MLNI
ITEM DESCRIPTION UNIT UNIT COST
CITY OF PEARLAND CONSTRUCTION COST FOR 2-12' LANES
1 Prepare RO.W. AC. $ 1,500.00
2 Excavation of Roadway C.Y. $ 2.75
3 Embankment (Density Controlled) C.Y. $ 3.00
Type C, Class 3
4 Cell Fiber Mulch Seed (Final) S.Y, $ 0.20
5 Vegetative Watenng M.G. $ 18.00
6 Lima Treatment for Subgrade S.Y. $ 1.10
(Density Controlled, 6")
7 Lime (Type A)(6%) TON $ 100.00
8 Concrete Pavement (7' Joint Reinforced) S.Y. $ 22,00
9 Structural Excavation (Small Culvert) C.Y. - $ 2.60
10 Cement Stabilized Backfill C.Y. $ 28.34
11 TreY,,h Excavation Protection LF. $ 2.20
12 Reinforced Concrete Pipe - lr, Class III LF. $ 42.60
13 Reinforced Conorete Pipe - 24", Class III L.F. $ 49.50
14 Precast Cure Inlet - Type A EACH $ 2,685.00
15 Precast Inlet- Type 1 EACH $ 2,000.00
16 Precast Manhole EACH $ 1,770.00
17 Safety End Treatment EACH $ 607.50
18 Mobilization L.S. $ 5,000.00
19 Concrete Curb (6' With Dowels) L.F. $ 6.50
20 Small Roadside Sign EACH $ 300.00
21 Reflective Pavement Mankings LF. $ 1.00
22 Pavement Surface Preparation For Markings L.F. $ 0.25
23 Sawed Joints (20' Spacing) L.F. $ 2.20
24 Erosion Control Fence L.F. $ 2.50
25 Remove Erosion Control Fence L.F. $ 2.50
QUANTITY
0.71
68O
75
1,575
18
1,875
26
1,792
1
1,137
2
150
160
738
750
750
SUBTOTAL
December 4, 1996
PGAL 215-96013
COST
1.065 O0
1,870 O0
22500
315.00
324.00
2,062.50
2.600.00
39,424.00
5,00Q00
7,390.50
160.00
1,623.60
1,875.0Q
1,875.00
66,4S0
Page 1
F,,AHItJL I "t~" IU IHI: AL~KI:.Lr'tr, NI
28 EXTENSION
Proproeed PBvtng (615 LF) ~ '~
Pmlimlnlry Cost Estimate ""-
ITEM DESCRIPTION UNIT UNIT COST QUANTITY
DEVELOPER CONSTRUCTION COST FOR 2-12' LANES & 0RAINAGE IMPROVEMENTS
1 Prepare RO.W. AC. $ 1,5(X) 00 0.71
2 Excavation of Roadv~y C.Y. $ 2.75 650
3 Embankment (Density Controlled) C .Y. $ 3 00 70
Type C, Class 3
4 Ce!l Fiber Mulch Seed (Final) S.Y. $ 0.20 1,440
5 Vegetative Watering M.G. $ 18.00 17
6 Lime Treatment fo~ Subgrade S.Y. $ 1 .I0 1,800
(Density Controlled, 6")
7 Lime (Type A)(6%) TON $ 100.00 24
8 Concrete Pavement (7" Joint Reinforced) S.Y. $ 22.00 1,648
9 Structural Excavation (Small Culvert) C.Y. $ Z60 471
10 Cement Stabilized Backfill C.Y. $ 28.34 174
11 Trench Excavation Pro~ection L.F. $ 2.20 703
12 Reinforced Concrete Pipe - lr, Class III L.F. $ 42.60 433
13 Reinforced Concrete Pipe - 24", Class III L.F. $ 4,q.50 270
14 PrecastCurblnle-TypeA EACH $ 2,685.00 6
15 Precast Inlet - Type 1 EACH $ 2,000.00 -
16 Precast Manhole EACH $ 1,770.00 1
17 Safety End Treatment EACH $ 607.50 2
18 Mobilization L.S. $ 5,000.00 1
19 Concrete Curb (6' W"~h Dowels) L.F. $ 6.50 947
20 Small Roadside Sign EACH $ 300.00 2
21 Reflective Pavernenl Markings LF. $ 1.00 160
22 Pavement Surface Preparation For Markings L.F. $ 0.25 150
23 Sawed Joints (20' Spacing) L.F. $ 2.20 738
24 ErosK>n Control Fence L.F. $ 2.50 750
25 Remove Erosion Corttrol Fence L.F. .$ 2-50 750
SUBTOTAL $
Oecember4, 1996
PGAL 21 5-96013
COST
1,065 00
1,787 50
210.00
2,400.00
38,25600
1,224.60
4,931.16
1,546.60
18,445.80
13,36500
16,110.00
1,770.00
1,215.00
5,(XX).O0
6,155.50
600.00
160.00
40.00
1,623.60
1,875.00
1,875.(X)
t20,230
Page 1
>)ALLGOOD CONSTRUCTION COMPANY, INC.
(713) 499-9621
"EXHIBIT C ,t..o th_e. AG_REENERII'
May 27, 1-997
Mr, eel Thint, P.E-
PGAL
5555 San lelipe, Suite 100
Bouston, Texas 77056
POlt-IP Fax Note 7611
Off-Site Water & Sanitary Sewer For Albertsons
Store { 27~5 pearland, Texas
Dear Mr. Thine:
As requested please find listed beZow the schedules of unit
prices for the force main, four inch & elSht inch:
Four Inch Force Main
L.) 4" Diameter AWWA C-gO0 3927 LF. @ $12.73
2.) 6" Diamecer AWWA C-900 (Auler)
3.) 8" Steel CastinS (Auger) For
4" PVC
~.) 4"-~ Deg=ee Vertical Bend
885 LF-@ $15.20
305 LF- @ $51.21
each @ $125,00
$49,990-71
$13,452.00
$15,619.05
$ 500.00
$79,561.76
}.i~ht Inch Force Main
1.) 8" Diameter A~4A C-900 (open-cue) 3927 LF. @ $16.95
2-) 8" Diameter AWWA C-900 (Auger) 885 Li. e $25.30
$66,562.6~
$22,390-50
3.) 16" Steel Casin$ (AuSsr) for 8"PVC 305 LF. @ $69.90 $21,319.50
Force Main (Incl. carrier pipe and skids)
~.) 8"-~5 DeSree Vertical Bend
each e $150.00 $ 600.00
$110,872.65
CONSTRUCTION SUi:~ERVISORS,
"EXHIBIT C to the AGREEMENT"
INC.
May 27 1997
Mr. Tom DeCicco
Inland Development Company
680;5 St. Anne
Dallas, TX 75248
Re: Pearland Plaza
Pearland, TX
Dear Tom:
Here is the pricing that the City of Pearland has requested from you to increase the
scope of work on the Sanitary Sewer at the above referenced project:
Item No. 01:
Increase Sanitary Well from 72" to 90" in diameter and lower elevation of
bottom 4' 0'.
Add: $25,300.00
Item No. 02:
Change 8' Sanitary to 12' Sanitary and lower flow line 4' 0'.
Add: $34.040.00
Total Cost: S59.340.00
Please contact me should additional information or further discussion be required.
Sincerely,
Vice President
CONSTRUCTION SUPERVISORS, INC.
4545 BISSONNET * SUITE 110 · BELLAIR"r, TEXAS 77401 · (713)667-O123 * FAX (713)667-3064