R97-58 10-13-97RESOLUTION NO. R97-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
REVISED DEVELOPMENT AGREEMENT WITH RAVENWOOD SECTION
ONE JOINT VENTURE FOR OVERSIZE CONSTRUCTION OF A WATER
MAIN TO SERVE THE RAVENWOOD SUBDIVISION IN THE VICINITY OF
THE INTERSECTION OF HARKEY ROAD AND COUNTY ROAD 101.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Revised Development Agreement, by and betvveen the
City of Pearland and Ravenwood Section One Joint Venture,. a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved, thereby replacing the Development Agreement dated
May 23, 1997, attached as Exhibit "A" to Resolution No. R97-35.
Section 2. The City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest, the attached agreement and counterparts thereof.
A.D., 1997.
TOM REID
'MAYOR
ATTEST:
~'N~
IT, SECO~APRY
APPROV~ AS TO FORM:
McCULLOUGH
CITY ATTORNEY
REVISED DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R97-58)
This Agreement is entered into this 14th day of October , 1997, by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and RAVENWOOD
SECTION ONE JOINT VENTURE, a Texas general partnership (hereinafter
"Ravenwood").
WHEREAS, Ravenwood plans to construct a water main necessary for the City to
provide water to their Ravenwood Subdivision (hereinafter "Subdivision") located at
the intersection of Harkey Road and County Road 101 and to dedicate said water main
to the City for operation and maintenance; and
WHEREAS, City desires to cooperate with Ravenwood and provide water service to
the Subdivision, and at the same time, increase and improve City's capacity to serve
other properties in the vicinity of the Subdivision; and
WHEREAS, City and Ravenwood desire an agreement to set forth their respective
responsibilities with regard to providing water service to the Subdivision.
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:
Ravenwood agrees to construct a sixteen inch (16") water main to serve the
Subdivision and surrounding properties, with the understanding that an eight
inch (8") water main is needed to serve the Subdivision only. Actual
construction costs shall be determined by competitive, line item bids to be
provided by Ravenwood, and reviewed by the City Engineer to compare said
bids to recent construction costs experienced by City. Estimated overall cost
is shown in "Exhibit A" attached hereto and made a part hereof.
The City agrees to reimburse Ravenwood for the cost of oversizing said
water main referenced in paragraph 1 herein to serve the Subdivision and
surrounding properties as follows:
(a)
City reimbursement for oversizing the water main shall be limited to the
lesser of actual construction costs or $50,427.00, based on the
difference between the estimated cost of an eight inch (8") water main
and the estimated cost of a sixteen inch (16") water main, shown in
"Exhibit B" and "Exhibit C", respectively, attached hereto and made a
part hereof.
(b)
Reimbursement by City to Ravenwood shall be made monthly based on
contractor payment requests approved by both Ravenwood's project
engineer and the City Engineer.
Ravenwood agrees to construct a twelve inch (12") water main on Ravenwood
Drive within Section One of the Subdivision to serve the Subdivision and
surrounding properties, with the understanding that an eight inch (8") water
main is needed to serve the Subdivision only. Actual construction costs shall
be determined by competitive, line item bids to be provided by Ravenwood, and
reviewed by the City Engineer to compare said bids to recent construction costs
experienced by City.
The City agrees to reimburse Ravenwood for the cost of oversizing said
water main referenced in paragraph 3 herein to serve the Subdivision and
surrounding properties as follows:
(a)
City reimbursement for oversizing the water main shall be limited to the
lesser of actual construction costs or $9,099.00, based on the difference
between the estimated cost of an eight inch (8") water main and the
estimated cost of a twelve inch (12") water main, shown in "Exhibit D",
attached hereto and made a part hereof.
(b)
Reimbursement by City to Ravenwood shall be made monthly based on
contractor payment requests approved by both Ravenwood's project
engineer and the City Engineer.
City reserves the right to reject any and all bids for the construction of a sixteen
inch (16") water main if construction costs exceed $50,427.00 and Ravenwood
declines to fund the shortfall. City reserves the right to reject any and all bids
for the construction of a twelve inch (12") water main on Ravenwood Drive if
construction costs exceed $9,099.00 and Ravenwood declines to fund the
shortfall.
The initial term of this Agreement shall be for a period of one (1) year,
commencing on the 23rd day of May, 1997, and terminating on the 22"d day of
May, 1998, 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.
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.
2
10.
11.
12.
13.
14.
15.
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. R97-58 is incorporated herein and made a part of this Revised
Development Agreement for all purposes.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
RAVENWOOD 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 RAVENWOOD, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCES-
SORS, OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY RAVENWOOD
OF THE WATER MAIN REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR
IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS. RAVENWOOD 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 RAVENWOOD, THEIR AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH SUCH
CONSTRUCTION BY RAVENWOOD. THE PROVISIONS OF THIS SECTION
SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF
THIS AGREEMENT.
3
In witness whereof, the parties have hereunto set their hands and signatures on the
date first above mentioned.
RAVENWOOD SECTION ONE JOINT VENTURE,
a Texas general partnership
By:
Rene(~ West
Managing General Partner
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
By:~
Paul Grohman
City Manager
4
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Rene6 West, Managing General Partner of Ravenwood Section One Joint Venture,
known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
t. N~ UNDER MY HAND AND
,A.D., 197~.
~~NITA CHRIBTIANJ
NOTARY PUBLIC
SEAL OF OFFICE THIS -2~ DAY OF
~ate of Tex~4'~as
STATE OF TEXAS §
§
COUNTIES OF BRAZORIA §
AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Paul Grohman, City Manager of the City of Pearland, a Texas home rule municipality,
known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
//./_IVEN UNDER MY HAND
('2.. '--,-"' ,A.D.,19
AND
SEAL OF OFFICE THIS//-//Z~DAY OF
Notary Public,(~aa<te of Texas
MyCommissionExpires:/'7/- ,3 '(::~/
Printed Name:
5
Exhibit "A"
Overall Cost
l i~!ed below per your rec{uest is a i~relirninary constnZction cost estimate for the 0FFSITE
w~t~'finA wh;eh will serve Ravenwodd Sulxlivi~ion and the areas in the ETJ of the City of
Pearland. This e,qtim~tn i.~ t,j~'l on the preliminary engineering design and olan$ I~tepared by
OFFSITE WATER SYSTEM
Item No.
:.
2.
0.
5.
6.
/.
8,
9.
1!.
12.
13.
14.
15
16.
17,
18.
19.
20.
22.
23.
Ooeoripti~ Unit Quantity $1 Unit Totel Cost
16" Cleo~} 236 DR t8 PVC Waterline LF I~0 $ 36 ~,160
8" C~ 1 ~ OR 18 ~C W=t~ino ~ 3836 15
0' C~a 1~ DR 18 ~C Wet~di~ 9~ LF 85 ~ 6,~
lr C~ 1~ OR 10 ~C Watedi~ B~ LF 46 102
Fi~ e Hy~e~ (C.O.P. 8~¢ e') .. CA 4 q 720 6,880
r A~A ~te v~ve ~ ~x ~ 0 532 3,192
Fire Hydmn~ (C.O.P. S~c 16") ~ 2 ~ 5,300
1~ A~A ~te V~ve ~ ~x ~ 2 ~ ~,~
2" Bl~ and ~ ~ 2 410
F~e I ~a z 25~
Sid~lk ~R in Su~si~ SF ~ 5 2,~
~ays ~ ~ 28 2~U 7,~
~ SP 1~ 5
T~c C~I a~ Stg~ LS 1 1 ~ 1,
Tr~ ~e~ ~ 1 2~ 2,~
C~ng ~ ~ AC 0.5 ~ 2,~
Re~ ~e~ ~ ~a~ SVmm ~ 23 2~ 5,7~
R~r ~ L~= ~ ~ ~ 5,~
R~r ~ ~ ~~ Cui~ LF 420 ~ 12,~
R~e ~i~ D~ SY 1~ 5
~ ~ AC 0,5 ~ 1
Pi~li~ ~sirO (Smi~a ~ eta) LS 2 1 ~ 2.~
~t ~t ~ R~ SY 7 ~
Sub-Tot~ $ 16.3.767
con. t~.t.,ge~.~ ("1.0~) 16,376
Civ~ Engineering and Lct~ Gurvoying
$ 20,0430
Totat .. $ 200,t43
hh
· Exhibit "B"
16-inch Waterline with flttlnns
Listed 13e~ow pet. your request is a preliminary cor. sttucfion cost estimate for the OFFSITE
warenine which will serve Ravenwodd Subdivision e~ the areas in t~e ETJ of the City of
Pearrand. This estimate .i~ based on the preliminary engineering design and I:>lans ~epared by
our firm.
t')FF.~ITE. WATER SYSTEM'
Item No. Description Unit Quen.ffiy $ I Unit Total Cost
1. '~ G" C~ees 236 DR 18 PVC Wmerline LF 1060 $ 36 38, 160
2. 1 G" Clare 1F~0 DR 18 I:>VC Watorlino 8gJ LF 4G 102 4.500
3. Fifo Hydrarite (C.O.P. Spoo '16") F.A 2 2650 5,300
4. t6" AWWA gat. o Volvo xmd Box EA 2 3:300 6.600
5. Fitting8 ('16") Tons .5 5000
6. Driveways ~ (16") CA, 2 ~jX) 1 ,(XX3
7. Godding 3F 120 5 500
0. TrOfflc C.or~.d. and ei~arde L:S 1 1500 1,500
9, TIMall 8'.dety LS I 2800 2,800
10. Clearing ~ G.rul~ing AC U.S bUOU 2,500
~ ~. Nel~ir or !.(eplace I.)nveways CulvertsL!- 420 30 12,600
! 2. ~ goadSide I.~ches t,Y 100 5
! 3. Pipelil~e Crossing (Seminole and'other)LS 2 1000 2.000
,Sub-Toll $ 80,6S0
Contigency (10%) 8,065
En0ineetin0 and SuneyinO
Total
.... Exhibit "C"
8-inch Watedlne with fittings
Listed below per y~ur request is a 0relimtnary'constructlnn ~.n.~t estimate f~r the OFFSIT~
wetsdine which Will serve P, avenwodd Subdivision and the areas in the ETJ of the City of
Pearlend. This estimate i~ based on the preliminary engineering design end plan~ pfoj~ered by
OFFSITE WATER SYSTEM
Item No. rl~.vatpUon ............ Unit Quantity $ / Unit Total Co~
1. 8" Class 150 DR 18 PVC Waredine LF 1060 15 15,903
2. R' Class 150 DR 18 INC Wetsaline B&J LF 45 OO 3,600
3, Fits Hydrants (C.O.P. Spec 8") EA 2 1720 3,44C
4. 8" AWWA ~ Velvo mqd Box EA 2 532 t .064
5. Fittires (8") Tons .5 2650 1,325
6. Drivew~s R/R (8") EA 2 250 5C~J
7. Sodding SF 120 2.50 300
8. Traffic Control and 31gna~e L5 I /biJ 750
9. Trench Safety LS 1 1400 1.400
~0. C~eadr~ and eru~ir~ AC 0.5 2500 1,250
11. Rel~ror~ePt~ceDrlveaysCuj;terts Lr 420 15 6,300
12 Re,,qade Roadside Oilcries ~Y 100 250 250
13 Pipeline Crossing (Seminole and other) LS 2 500' 1
Si./o-Total
C t ency
Eng and Surveying
$ 37,079
3,7~
5,0O0
........... Total
$ 46,787
The 164nch waterline eqttmated at S 96.214.
]'he 84nch watadine estimated at S 46.787. 84
The difference which i8
$ 50.427.
Tom Mock Inc.
P.O. Box 220f
Stafford, Toxe~ 7'7407'
SOLO 1'0:
Ravenwoo~ ~ectjon one.
:2.510 Westminister
iPcorland, TexQe 77586
SHtPPEO TO:
Ravenwood Sub,division
!Herkey Road
!Peadend, Texas 77586
Exhibit
Phone Number
713-819-2742
!! D !!
Change Order
CHANGE ORDER NUMBER 1
CHANGE ORDER DATE ;)9/15/97
.lOB N| JMBER , 97-09-001
YOUR ORDER NUMBER ~
TERMS Mont. hly d~uw~
1.340
3
5
1
5
1
Upsize Exiting 8" C-900 WetsHine to 12' C-900 Waterline 5.10t
Change 8" Push on gat~ Valve to 12" Put, hon Valve 420.00
Change 8" X 6" Tee to 12"X 6" Tee ' 135.0o
ChanOe 8" Plug and Clamp to 12" Plug and Clamp 35.00
Cha;v,,e 3heft 3ida 1" Gervic, eon 8" line to 1" ~;hort Side Gentice on 1 26.00
Change Long ,~de 1" Service on 8" line to 1" Short Side Service on 1~ 25.00
Change Long 51<18 9ingle 1" Service on 8" line to 1" Short Side ,Sen/kEe
on 12" 35.00
Chart0e 16" X 8 · Tee To 16" X 12" Tee 75.00
$6,834 .(30
1,260 00
675.00
35.00
125.00
25.00
?0.00~
75.001
Questions concerning ~is Change Order
Call: 713-819-2742
" SU~TOTAL
Please sign below rot Acceptance
~,099.00i
$8,099.00
PAY I'HI,'~
AMOUNT
THANK YOU FOR YOUR BU31NESS!
RAVCO1 .WK4
co,
,„ ,
Brno
To: Paul Grohman
From: Alan Mueller
Subject: Ravenwood Development Agreement Amendment •
Date: October 5, 1997
CC: John Hargrove, PE
The amended agreement for consideration by the Council on October 13 is proposed to provide a
safety factor to ensure adequate volume and pressure when the line is extended to serve the West
Lea area. As you recall, the original agreement provided for oversizing the Harkey Road water
line to 16" between Cottonwood Road and Ravenwood Drive in the Ravenwood Estates
Subdivision for a cost to the city of$50,427.
This amendment calls for also oversizing 1340 feet of 8" water line on Ravenwood Drive to 12"
to more adequately provide water to West Lea when the line is extended. The 1340 oversizes the
line to the western edge of Phase I of Ravenwood Estates. The cost of this oversizing is $9,099.
An additional 1340 feet will be required to bring the line to West Lea. This will most likely be
accomplished through a similar oversizing agreement when Phase II of Ravenwood is
constructed.
Funds for oversizing projects are taken from the Impact Fee Fund.