R2009-196 - 2009-12-14 RESOLUTION NO. R2009 -196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR LANDSCAPE SERVICES ASSOCIATED
WITH THE MAGNOLIA ROAD PROJECT (PHASE I).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for landscape services associated with the
Magnolia Road Project, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Westco Grounds
Maintenance Company, in the amount of $266,443.10.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for landscape services associated with the Magnolia Road Project.
PASSED, APPROVED and ADOPTED this the 14 day of December, A.D., 2009.
TOM REID
MAYOR
ATTEST:
N n�. n
RL.4
SO NIA WEBB fit „J„.-
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
• 8588 Katy Freeway
u Suite 441
Houston,TX 77024
sib
713-463-8200
r>i information@knudsonservices.com
December 4, 2009
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Attention: Ms. Andrea DeKam Brinkley, PMP
Project Manager
Projects Department
Reference: Magnolia Road Expansion-Phase 1
Landscape Development from Harkey Road to Veterans Drive
and the John Hargrove Environmental Center _
Subject: Contract Award
Dear Ms. Brinkley:
Competitive bids for the City of Pearland-COP PN: T70041, Bid No. 1109-07 Magnolia Road
Expansion-Landscape Development from Harkey Road to Veterans Drive and the John Hargrove
Environmental Center were received and opened at 2:00 pm on November 19, 2009. Ten bids were
received with Total Bid Prices ranging from $266,443.10 to $475, 622.64. Westco Grounds
Maintenance submitted the low bid price of$266,433.10.
Knudson, LP has tabulated and reviewed all of the bids submitted. Some of the bids had discrepancies
as noted below.
The bid form submitted by Shooter and Lindsey, Inc. contains the following discrepancy:
1. Bid Alternate Item 4- 1 Gallon Shrub-John Hargrove Environmental Center has a quantity of
564 at a unit price of$4.25 which totals$2,397.00. Shooter and Lindsey,Inc. had a total of
$2,201.50 forr this bid item.
This results in a corrected TOTAL BID PRICE of$286,636.47
The bid form submitted by HLS Enterprises contains the following discrepancy:
1. Bid Item 5-65 Gallon Tree has a quantity of 58 at a unit price of$211.88 which totals
$12,289.04. HLS Enterprises had a total of$12,288.99 for this bid item.
This results in a corrected TOTAL BID PRICE of$294,905.79
The bid form submitted by Semarck Landscape Services, Inc. contains the following discrepancy:
1. Subtotal Base Bid Items should equal $319,926.13. Semarck Landscape Services, Inc has a
Subtotal Base Bid Items of$318,926.13.
1
This results in a corrected TOTAL BID PRICE of$415,452.13
The bid form submitted by Martin Landscape Management, Inc. contains the following discrepancies:
1. Bid Item 6—45 Gallon Tree has a quantity of 128 at a unit price of$332.00 which totals
$42,496.00. Martin Landscape Management, Inc. had a total of$42,946.00 for this bid item.
2. Bid Alternate Item 3—3 Gallon Shrub-John Hargrove Environmental Center has a quantity of
1,227 at a unit price of$14.70 which totals$18,036.90. Martin Landscape Management, Inc.
had a total of$18,036.00 for this bid item.
This results in a corrected TOTAL BID PRICE of$475,622.64
No discrepancies were found in the other bids submitted. The discrepancies noted do not change the
order of bidders.
The following is a list of the corrected bids for the above referenced project. Only the Subtotal Base Bid
Items and Total Bid with Alternates are listed. They are listed from low to high.
Subtotal Base Bid Price:
Westco Grounds Maintenance $196,250.00
Boyer, Inc. $208,362.75
Shooter and Lindsey, Inc. $217,965.16
Bio Landscape & Maintenance, Inc. $223,247.59
HLS Enterprises $229,135.70
Landscape Contracting and Irrigation $260,087.20
Christison Landscape Inc. $290,465.18
Landscape Art, Inc. $314,473.22
Semarck Landscape Services, Inc. $319,926.13
Martin Landscape Management Inc. $344,101.52
Total Bid Price with Alternatives:
Westco Grounds Maintenance $266,443.10
Boyer, Inc. $283,684.80
Shooter and Lindsey, Inc. $286,636.47
HLS Enterprises $294,905.79
Bio Landscape & Maintenance, Inc. $306,524.70
Landscape Contracting and Irrigation $332,045.60
Christison Landscape Inc. $374,706.58
Semarck Landscape Services, Inc. $415,452.13
Landscape Art, Inc. $435,451.40
Martin Landscape Management Inc. $475,622.64
Upon review of these bids, phone conversations with references, and past project experience, we
recommend that the City of Pearland accept the Total Bid Price with Alternates from Westco Grounds
Maintenance, in the amount of$266,433.10.
•
•
Attached is a list of the corrected bids for the above reference project.
Please call me at 713.932.8011 if you have any questions or comments.
Sincerely,
Knudson, LP
Chris McBride
Project Manager
•
•
•
Magnolia Road Expansion—Phase 1
REFERENCE STATEMENTS
Completed Project:
Call By: Chris McBride, Knudson, LP
Reference: Ryko Development- Lisa Clark (713.952.0288)
Project: Lakes on Eldridge North
Scope: Landscape, Irrigation and Landscape Maintenance
Construction Cost: $1,089.000
Comments: Work was completed on time and in budget. Plant material all met that specified,
contractor was courteous and professional at all times. Company has been
maintained as sole source landscape company for developer.
Call By: Chris McBride, Knudson, LP
Reference: Ryko Development- Lisa Clark (713.952.0288)
Project: Lakes on Bella Terra
Scope: Landscape, Irrigation and Landscape Maintenance
Construction Cost: $1,053,000
Comments: Work was completed on time and in budget. Plant material all met that specified,
contractor was courteous and professional at all times. Company has been
maintained as sole source landscape company for developer.
Call By: Chris McBride, Knudson, LP
Reference: Swinerton Builders—Harold Lyles (713.986.1465)
Project: UTMB-Galveston
Scope: Landscape, Irrigation and Landscape Maintenance
Construction Cost: $535,873
Comments: Work was completed in a timely manner and corrections were handled within a
few weeks of being requested. Plant material matched that specified and
installed per plans.
Call By: Chris McBride, Knudson, LP
Reference: Holcolm Properties—Jim Holcolm (713.843.0812)
Project: Imperial Oaks
Scope: Landscape, Irrigation and Landscape Maintenance
Construction Cost: $558,200
Comments: Rob Eberle was the contact person on the project, and handled everything in a
timely manner. Plant material was good and the on-going maintenance with
Westco has been done well. Project was installed within budget.
Call By: Susan Johnson, City of Pearland Projects Department
Reference: TxDOT—Frank Munoz (281.795.7360)
Project: TxDOT: Hwy 59—Various Locations
Scope: Landscape, Irrigation and Landscape Maintenance
4
Construction Cost: $2,211,150
Comments: Mr. Monoz stated that Rob Eberle is the right person to deal with. Mr. Munoz
had some issues with other personnel (no longer at Westco) but went straight to
Rob and never had a problem after that. The maintenance phase is ongoing, but
doesn't see contractor much. All plants were exactly as specified. Anytime
anything needs attention, he sends an email and Westco is very responsive.
Call By: Susan Johnson, City of Pearland Projects Department
Reference: TxDOT—Frank Munoz (281.795.7360)
Project: TxDOT: 1-10 West
Scope: Landscape, Irrigation and Landscape Maintenance
Construction Cost: $1,108,938
Comments: All material (trees and irrigation) exactly per plans and specs. Everything went
well. Mr. Munoz stated that if any issues or questions arose, he just contacted
Rob Eberle. The one thing he cautioned about was that maintenance requests
be in writing by email to Mike Palmero who handles maintenance as phone calls
to him rarely suffice.
Call By: Susan Johnson, City of Pearland Projects Department
Reference: TxDOT—Jimmy Bussey (281.932.2980)
Project: TxDOT: Will Clayton
Scope: Landscape, Irrigation and Landscape Maintenance
Construction Cost: $758,671
Comments: Mr. Bussey stated that Westco knows what they're doing. He had few issues
with them, but they were taken care of quickly and professionally. He stated that
they are not a real big outfit but are real good. He did not have to reject any
trees, shrubs, etc. and they came in on time and within budget.
5
•
•
• Exhibit"A"
CONTRACTOR'S STATEMENT OF QUALIFICATIONS
("Statement")
•
Date of Contractor's Statement 1 1-15-2009 _Individual
Westco Grounds Maintenance Co. , Inc. _Partnership
Legal Name of Contractor Joint Venture
• X-Corporation
_Limited Liability Company
Other(Please explain)
Address 12350 Taylor Rd.
Houston, TX 77041
Telephone 713-466-1822 Fax 713-466-7353
- • Federal Identification Number(El.or S.S.) 76-0237256
• I certify that all the information contained in this Statement is true,correct and complete and 1 am an authorized
representative of Contractor and duly authorized to execute this statement.
sy: �
Name p ease print/type) Robert Eberle
Title(please print/type) Vice—President
•
Contractor information and Experience Questionnaire
•
Organizational Background
Type of Organization(circle one)
Sole Proprietorship Partnership Corporation Limited Liability Company Other
1. Date of organizat on/incorporation: 19 87
2. Dunn and Bradstreet number: n/a
2.Principle place(s)of Business: 12350 Taylor pa, HOI3F,±can, mx 77f)41
•
4.PartnersJPrincipleslOwners(owning 10%or more): Kenneth Eberle
5.Officers:
President Kenneth Eberle
Vice President Robert Eberle
Secretary n/a
Treasurer n/a
6. How many years has the business been operating under its present name? 22 years
a)Under what other names has the business operated? n/a
b)If the answer to any of the following questions is"Yes",attach details including a list of creditors,amount owed
each,amounts repaid resolution of proceedings,etc.
Yes No
X Has the business ever defaulted,declared bankruptcy,or undergone
reorganization procedures?
X Has a predecessor of the business defaulted,declared bankruptcy,or
undergone reorganization procedures?
X Are there presently any outstanding claims pending against your
• business?
x Has the business been involved in litigation within the past 5 years or is
it currently involved in litigation?
•
)
CONSTUCTION EXPERIENCE: .
1.How many years of experience in construction work has the business had?
As a general contractor: 22 years As a subcontractor: ?? years
2.What type of work does the business normally perform? Landscaping,
Irrigation, Maintenance
3. Has the business or any owner,officer or partner or member of the business:
Yes No
X . Ever failed to complete a construction contract,forfeited a bid bond/proposal
• guaranty,had liquidated damages withheld from its total compensation due on
a contract,or refused to enter into contract fro work awarded to it? If yes,attach
details,including name of project,contract amount,type of work, name and address of project
engineer,contractor,and owner,when/where,and why.
X Ever been cited or convicted for violation of any OSHA or State safety
Law/regulation? If yes,attach details, including project name,project engineer,owner,when,
where governing agency,and final disposition,of citation or conviction.
4.Attach a list of all the projects with construction cost greater than$500,000 that the business has
completed within the last 5 years in the local area beginning with the most current and not to exceed the last ten
• consecutive jobs, include the following information:
• > Name• � project Maciko-k,
Amountt
• ➢ Type of work
• > Percentage subcontracted
Amount subcontracted
Scheduled completion date
> Date completed
> Location,city,county,state
' Name,address and telephone number
1
Westco
Co-Inwards!Ian chap°hte al tailor r,
lrrlga!Ion and ilainlanauce
WESTCO GROUNDS MAINTENANCE CO.,INC.
REFERENCES AND PREVIOUS EXPERIENCE
Lakes on Eldridge North
Contract Amount: $1,089,000
Work: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 10%$108,900
Scheduled Completion: February 2007
Date Completed: February 2007
Location: Houston,Texas
General: Ryko Development
2000 W Sam Houston#1525
Houston,TX 77042
Contact: Lisa Clark 713-952-0288
UTMB-Galveston
Contract Amount: $535,873
Work: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 0
Scheduled Completion: September 2007
Date Completed: September 2007
Location: Galveston,Texas
General: Swinerton Builders
55 Waugh Dr
Houston,TX 77007
Contact: Harold Lyles 713-986-1465
Lakes of Bella Terra
Contract Amount: $1,053,000
Work: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 8% $85,000
Scheduled Completion: January 2008
Date Completed: January 2008
Location: Galveston,Texas
General: Ryko Development
2000 W Sam Houston#1525
Houston,TX 77042
Contact: Lisa Clark 713-952-0288
12350 Taylor Road Houston,TX 77041 (713)466-1822 Fax(713)466-7353
TX DOT 59 Various
Contract Amount: $2,211,150
Work: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 5% $110,550
Scheduled Completion: June 2008
Date Completed: October 2008(2 year maintenance)
Location: Houston,Texas
General: Texas Dept of Transportation
14838 Northwest Fwy
Houston,TX 77040
Contact: Frank Munoz 713-934-5999
Imperial Oaks
Contract Amount: $558,200
Work: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 5% $27,910
Scheduled Completion: October 2008
Date Completed: October 2008
Location: Houston,Texas
General: Holcolm Properties
1300 Post Oak#1110
Houston,TX 77056
Contact: Jim Holcolm 713-843-0812
TX DOT I-10 West
Contract Amount: $1,108,938
Work: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 8% $88,715
Scheduled Completion: March 2009
Date Completed: March 2009
Location: Houston,Texas
General: Texas Dept of Transportation
14838 Northwest Fwy
Houston,TX 77040
Contact: Jeff Pilgrim 713-539-2468
TX DOT Will Clayton
Contract Amount: $758,671
Worlc: Landscape,Irrigation,Landscape Maintenance
Subcontracted: 9% $68,000
Scheduled Completion: April 2009
Date Completed: April 2009
Location: Houston,Texas
General: Texas Dept of Transportation
16803 Eastex Fwy
Humble,TX 77396
Contact: Robert Hill 281-319-6400
12350 Taylor Road Houston,TX 77041 (713)466-1822 Fax(713)466-7353
5.Attach a list of major construction projects the business has in process. Include the following information:
> Name of project i1
• > Amount
> Type of work L�—
> Percentage completed
> Schedule completion
> Location(city,county,state)
> Name,address, phone number
> Project Engineer
> Contractor(if subcontractor)
> Owner
6.Provide resumes and list construction experience at the principal individuals of your organization,(include not
only officers and principals of the organization, but also field superintendents who will be in charge of the work.
Add additional sheets as needed.
•
Name Current Position Years with Co. Years of experience
Kenneth Eberle Prg.3j enf 22
Robert Eberle Vic'—P e i r9ant 17 20
Becky Ratcliff Manager 13 20
Michael Palermo Manager 1 1_8 •
7.Attach a list of subcontractors that are anticipated to perform any portion of the work valued at$25,000 of the
total bid or more. Include the following information:
> Name Wr-M
> Address
> Work to be done
> Percentage of contract
>. Estimated amount of contract
> Individuals responsible for work
> References
•
Westco
Conceal Jnndvr nlnarttanmr,
lnl�orkrrrtadiftrinktima
Work In Progress—As of November 15,2009
Westpark Tollway Landscaping
Owner: Harris County Toll Road Authority
Architect: Walter P.Moore&Assoc.
Contract Amount: $1,397,763
%Complete: 75%
Scheduled Date of Completion: October,2009
TX DOT S9 Various
Owner: Texas Department of Transportation
Architect: John Ethan Beeson
Contract Amount: $2,21I,154.18
%Complete: 85%
Scheduled Date of Completion: June 26,2010
NASA Road Bldg 20
Owner: NASA Johnson Space Center
Architect: HOK,LP
Contract Amount: $219,840
%Complete: 60%
• Scheduled Date of Completion: December,2009
MDACC(CABIR)
Owner: University of Texas MD Anderson Cancer Center
Architect: P&W Architects
Contract Amount: $239,413
%Complete: 70%
•
Scheduled Date of Completion: November,2009
Porter High School
Owner: New Caney Independent School District
Architect: Bay Architects,Inc.
Contract Amount: $376,088
%Complete: 40%
Scheduled Date of Completion: May,2010
Methodist Willowbrook Phase V
Owner: The Methodist Hospital
Architect: HOK,LP
Contract Amount: $341,623
%Complete: 50%
Scheduled Date of Completion: April,2010
12350 Taylor Road Houston,Texas 77041 (713)466-1822 (713)466-7353
8. List all banks with which the Contractor has done business during the past 5 years. List the current bank
first Add additional sheets as needed.
Bank Name Address Contact Tele hone
Frost Bank 2211 Norfolk, Houston, TX Ed Michna 713-388-7685
9.Provide the following information regarding payment, performance and maintenance bonds.
a.Name and address of Surety Company:
Suretec, 952 Echo #450, Houston, TX 77024
b.Company file number n/a
c.Authorized to do business in the state where the site is located? Yes
d. Authorized to issue payment performance and maintenance bonds within the state where the Site is
located? YeS
e.Maximum amount of bond authorized to issue: 5,000,000.00
f. Rating(as listed in Best's Key Guide): A
g.Financial size category(as listed in Best's Key Guide): VI I
h. Name and address of agent and agency(company): Carroll Insurance, 1 4906 FM 529
Houston TX
I. Does agent have appointment from insurance company authorizing agent to sign bonds?Yes
j. Attach business financial statements including most recent income statement and balance sheet If most
recent information available is unaudited, but business has audited statement available for an earlier period,
include unaudited statement.
Westco
Commaraal Lmrdru+pahuralkrllou,
In!gallon afdMHalnleumva
Magnolia Road Expansion— City of Pearland
Suppliers
Name Contact Phone
Twin Lakes Nursery Randa Langerud 800-965-5622
Magnolia Gardens Sales 936-931-9550
Enchanted Trees Jack 281-356-2754
Creekside Nursery George 713-265-4300
Tr7ple E Nursery Rob Eberle 713-203-2480
Just Trees Phil Kaiser 281-351-7583
Letco Brent McWaters 281-924-2943
John Deere Landscapes Mark Bayne 713-849-2700
San Jacinto Environmental 713-957-0909
Subcontractors
Name Contact Phone
Maxtlo—Meters Victor 713-892-9539
Miller Lights—Electrical Cody Miller 281-970-1400
12350 Taylor Road Houston,Texas 77041 (713)466-1822 (713)466-7353
• Magnolia Road Expansion-Landscape Development from Harkey Road to Veterans Drive and the JHEC • •
eoh.duI.o651I $ - r. ,. : WESTCO GROUNDSMAINT.*' ."x BOYER.INC. •:'.'i- -.. ., - h1ARTIN lANDSCAPE.�''c s.. HI:S`ENTERPRISES ...�':`n �.'; I;C1.1(rr.�k H"{r,.,sl a.i".,
Eaamab
.• Bid temeea4lptlon - Use Quantity Una P.Ics Architects Total '•UN)Price known Bld Unit Pilc. Amounteld 'Unit Price amount did, _ Unit Pace • Amounteld Una Price Amount old
Oenelar and Site Work _ -
a non 0.831 511 311.1.) le I 69 992.72 1e 99372 11100.00 11.600.00 12Je5,00 12,45.00 111A97m Smesto0 133e.00 1.0.00
4 1 10.00 1..
n.m u.wnru orTnrta Con. la to.m m t 2,)po0.m 4,la.m 4,)15.m mm 4x,aw.m _ fn2w fnx,m
I 1.hol.316. Fa 2 1300.00 14135.00 12133m 140000 17600 11,500.00 1500.00 11 .m 44.60 6.199.m
Landscape Plantlna
ISO Won10. 6 1900.00 4.6w.m 1518.00 124.m 5313.00 {, 5478.00. wJrs.m ' 1401.44 ex blab 1430.14 1234 70
40aon Trait • EA 5e 5503m fx9 ma.w 15w.m 47 bo.w i1ie.0o fu l4.m 430.03 118,e50.00 1311.ee 1 ,.e.w Le7.4 4e6w4
sit O.Mn 1,aa EA 'us 0350..00 44,e00w 1156.60 03000300 1134.00 117,152m 432,00 14196,00 126048 42 06.4 1303.46 46091,4
3061anl3 u 21 Smo.m S,oOo.m flwm 429000 113300 _ 114.03 w1w.m t1b.4 u.wo.ee t32. 13.72252 -
m O.4n Tr. EA ee 5175.00 4 GOO w 166.00 11e20.011 135. 02138.00 1106.03 1094.00 55e.4 51.51513 143.55 01.751A0
3 oalon anon Ea 107 hs.m 407600 $15.00 12605.m 112.25 1.30.70 51173 ww0.4 613.74 12433e 111.37 12I26,11
l aeon Oro.cony FA ins 1130 137536.m Hm .251200 w>s' 1131w.m- -_ _66.01 116,671/ wn 113.105,36 14.53 6400.34
., ....610M95 1,00r0Mioh 60.TO solo wm 53236.00 +ano 01Aoe.00 11,00 5e.040,00 1.7 61,68.0 --- 4.e9 4,434 _ wn 4 512.00
0024734dPrepammn.m03214i 07 330. 125.80 13,50600 135.00 n5.530po _ 4305 116135.06 . 1140.31 .14.n1do 130.06 • 011,6120 . ux4 11237300.
lmaww Yu.-w4.ny Toe Wel. Cv 250 120,00 15,mo.00 11e.00 4500.00 .60 4Sm.m 41.00 011p00.60 51a60 SUm.W fn.4 116.915.00
1 en.16a1. LE 40 1535 1446.00 13.00 n,aw.m 13.75 51,350.00 5..55 51,386.00 12.85 11.026.03 14,33 51.61280
Toe Root B.M., LF 1 500 120w 530000.63 16.00 ie0oo.w 4.55 36976.m 15.76 110.3,00 4ee 174003 11.25 Se 37,00
1hn 3 nm O 3 m n.of 1.0010$1043000 LS 1 010.00000 110000.00 11703130 11)031.00 460000 1480003 631970.00 54970.00 111304.1:0 111502.00 117,172.00 117.17200
Pay..end 030,66 r4
u lm.nar.. na.(6.31690n4) Ls 1 n00.00 nm.m nos. 53.56e.00 /8.350.00 1 103100 18.03600 15.975.0 15,97600 53.181.35 13.161.35
• La0050. bigtl10n' .. . ._ •
ewMrn SO.Fr 222000 , wso 411 o0o.w w.25 +sssww 50.30 +6eaw.m 10.43 105160.00 w.4 179 MOO -__ 10.26 157.720.
canearwm,P.0a.00 EA 2 4.w 10.00 12,45.00 ts,lm.w 12.46.00 w.e92.w 12,99103 158000 1635600 112 new 1156.0 1311380
-FFsmnrd aa.n Pve.m EA 3 51omw 11515w 14 785,00 1145300 435900 11 904 00 15952.00 1119550 46e0.w 1/537,97 17,513
eIm-COI Of P1.4m 01ma,9 tor 2n:n
EA 3 4,776.00 4,3b.m 5104w _ 111696.m 4111.00 43.41.00 13,935.00 41 e95.00 11 054.00 55562.m t],46.w 4,66123
900m.8 b.I.r.w Pw 03.un4w sm-
. 0.00.1.M FY1. Ew 2 uaw.m n.mo.m am 4.70300 4.3 00 1650. 12150.00 4.3w.w 470100 57615m 11 wan 4333.4
[Total Base Bid 8331,090.721[Total Base Bid 8196,260.001'Total Base Bid 8206,362.76[[Total $344,101.621[Total Base Bid S2.29,136.701'Total Base Bid $223,247.591
ald Memel.Item.
..Il l l.0 uaw.mna m an 4 4 u Elecxs
OMLrnm Ga N&010mu1COmp1lmn Ls 1 ueslam u961o.m 111s10.00 nlsmm 1.17,74.00 117J400 ur.w0.m tn,ew.m -_ smzl - 118.24803 11e4.w 1.3.8.30-
on.tUA
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aurae. 1 'twaw 1103610 6'J.nl.m 1x.911.w 6213600 4.196.m 61001000 510000.00 Sx.ettm 3x.m1.w 524.375.11 41.375.4
.. 3 Oa.9nu0-John MarOma Enr....Can.r FA-. 32n 6iam U2,Oee.m slam 40,1.10 4.05 4.916.m -. 114./e f4.wt.w 110.11 112.mib 18.20 Ib.I59.4
I0.86 John Maorn.E eWonn0.lG EA ass moo fe.lsem Silo - wne.b tl.w 4o 65.46 13.079. 4b fx.6m.m 57.63
live..Enl.mu,4lGmoG3Y Cl Ste 125.10 t12.1m.w +SMS 1301410 550.00 126.30000 403.21 15604/7/ 137.12 1 619,22618 1132.4 4asea.oe
s020343...aemsalvor..07033 7$1011105011 so.Fr 1 4. w.m 17,000m 6.4 16.146.00 11.50 12100000 50.69 1050.00 1032 612.020.00 01,31 110,960.00
r` �`L a [Total Bid Alternate 3ea,340.201[Total Bid Alternate 370,1e3.101[Total Bid Alternate 376,322.e61[Total Bid Alternate 3131,621.121[Total Bid Alternate 366,770.001 Total Bid Alternate f33,277.111 -
r-
•
Total Bid `� •x�11_ $419 630.92 [Total Bid 5266,443.101[Total Bid i293,664.601[Total Bid $476,622.64['Total Bid E294,906.79I`Total Bid $306]624.7,
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CONSIDERATION, AND, POSSIBLE ACTION.. _ RESOLUTION NO
R200.9-205—A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ISSUANCE OF TAX EXEMPT
BONDS BY THE SOUTHEAST TEXAS HOUSING FINANCE
CORPORATION Mr. Bill'E sen, City Manager:.
I '
•
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: 12-14-09 ITEM NO.: Resolution No. R2009-205
DATE SUBMITTED: DEPARTMENT OF ORIGIN: Administration
PREPARED BY: Darrin Coker PRESENTOR: Bill Eisen
REVIEWED BY: REVIEW DATE:
SUBJECT: Southeast Texas Housing Finance Corporation (SETH)
EXHIBITS: Resolution No. R2009-205
1 — Information
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
AMOUNT AVAILABLE: PROJECT NO.:
ACCOUNT NO.:
ADDITIONAL APPROPRIATION REQUIRED:
ACCOUNT NO.:
PROJECT NO.:
To be completed by Department:
❑ Finance ® Legal ❑ Ordinance ® Resolution
EXECUTIVE SUMMARY
SETH requires the City's approval to issue tax exempt bonds as part of the 2009
Single Family Mortgage Revenue Bond Program. The Program is part of the federal
governments Homeowner Affordability and Stability Plan that uses federal funds to
support low interest loans to first-time home buyers. A more detailed letter from SETH is
attached for your review. The deadline for approval of the resolution is December 21,
2009.
RESOLUTION NO. R2009-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING THE ISSUANCE OF TAX
EXEMPT BONDS BY THE SOUTHEAST TEXAS HOUSING
FINANCE CORPORATION.
WHEREAS, pursuant to the Texas Housing Finance Corporations Act,
Chapter 394, Texas Local Government Code (the "Act'), the creation of The
Southeast Texas Housing Finance Corporation (the "Corporation") was approved
by resolution of the governing bodies of each of the Texas counties of Austin,
Brazoria, Chambers, Liberty, Matagorda, Walker, Waller and Wharton and the
Texas cities of Baytown, Deer Park, Dickinson, La Marque, La Porte, League City,
Pasadena, Santa Fe, Shoreacres, Texas City and Tomball (the "Local
Governmental Units") , to provide a means of financing the cost of residential
ownership and development that will provide decent, safe and sanitary housing for
persons and families of low and moderate income; and
WHEREAS, the Corporation desires and intends to issue its Single Family
Mortgage Revenue Bonds (Guaranteed Mortgage-Backed Securities Program)
Series 2009A (the "Bonds"), pursuant to the Act to defray, in whole or in part, the
costs of purchasing or funding the making of home mortgages, in the aggregate
principal amount not to exceed $24,549,050; and
WHEREAS, Section 394.005 of the Act provides that said Act does not
apply to property located within a municipality with more than 20,000 inhabitants
unless the governing body of such municipality approves the application of said
Act to that property; and
WHEREAS, the effect of said Section 394.005 is that the proceeds of the
Bonds may not be used to finance single family housing within the City of
Pearland (the "City)without the approval of its governing body; and
RESOLUTION NO. R2009-205
WHEREAS, the Corporation has requested the approval of the City Council
of the City to allow mortgage loans for homes located in the City to be financed
with the proceeds of the Bonds; and
WHEREAS, it is the desire of the City Council of the City to make available
to citizens of low and moderate income of this City loans financed by the proceeds
of the Bonds since they provide favorable interest rates for first time buyers who
qualify for such loans; and
WHEREAS, the Corporation has requested the approval of governing body
of the City to provide, with the proceeds of the issuance of the Corporation's
Bonds, financing for home mortgages for homes in the City; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the recitals made above in the Resolution are hereby
adopted in their entirety and incorporated herein as though set forth in full herein.
Section 2. That the City Council hereby approves the application of the
Act to property within the City and grants its approval to the Corporation for the
use of proceeds of the Bonds to finance home mortgages for homes located
within the City.
Section 3. That it is officially found and determined that no provision of
this resolution shall make the City of Pearland, Texas, this Council, or any officer,
agent, employee, or official of the City of Pearland, Texas, liable in any respect
whatsoever in regard to the Bonds, it being understood that the Bonds are solely
to be repaid and secured from the sources described in the Indenture of Trust
related thereto, none of which sources impose any liability whatsoever upon this
City, this City Council, or the officers, agents, and employees of this City.
2
RESOLUTION NO. R2009-205
Section 4. That to indicate the City's desire to participate in this program,
a copy of this resolution will be forwarded to The Southeast Texas Housing
Finance Corporation.
PASSED, APPROVED, AND ADOPTED this day
of , A.D., 2009.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
3
SETsi
SOUTHEAST TEXAS HOUSING FINANCE CORPORATION
December 7, 2009
Mayor Tom Reid
3519 Liberty Dr.
Pearland,TX 77581
Re: The Southeast Texas Housing Finance Corporation's
Single Family Mortgage Revenue Bond Program- Series 2009A
Dear Mayor Reid:
The Local Housing Finance Agencies have been unable to issue tax-exempt Mortgage Revenue
Bonds for the past two years because of the absence of investors due to the financial market crisis.
As you are aware,The Southeast Texas Housing Finance Corporation (SETH) has a very successful
history in providing first-time homebuyers with competitive mortgage rates and down payment
assistance for almost 28 years.
As part of the Homeowner Affordability and Stability Plan announced by the Federal Government in
February of this year, a program to support state and local housing finance agencies.(HFA's) began
October 19, 2009. After taking eight(8) months to roll-out the program,we are caught in a time-
crunch to complete the actions necessary to secure that the U.S. Treasury through Fannie Mae,
Freddie Mac and the Federal Housing Finance Agency will purchase the tax-exempt bonds to make
our program a reality because the authority for the Treasury Department to implement this program
expires 12/31/09.
The U.S.Treasury Department has allocated to SETH an amount of$24,549,050 to issue tax-exempt
bonds for the 2009 Single Family Mortgage Revenue Bond Program. In order to meet the deadlines
set by the Federal Government, SETH (and most agencies across the nation) must issue taxable
bonds before December 23, 2009 and convert those to tax-exempt bonds in January 2010. It is a
most difficult program to accomplish within the timelines, but a very needed program to assist our
moderate income first-time homebuyers with the ability to make their dream of homeownership come
true.
In accordance with the Texas Housing Finance Corporation Act, cities with populations above 20,000
must approve of the proceeds of the bond issue to be used within your jurisdiction to make home
mortgages. Therefore, please find enclosed four(4) copies of the municipality approval
Resolution which must be completed and returned to office as soon as possible, but no later than
December 21,2009. I know this time period is very short, but it is necessary in order for SETH to.
complete the transaction and it be approved by the Texas Attorney General's Office.
I will be very happy to discuss this very difficult program with you or answer any questions you or your
staff have about the program. Do not hesitate to contact either myself or Nell Turk in our office.
Please let us know of your ability to meet the timeline if there is difficulty.
Sincerely,
on ra iams
Executive Director
11111 South Sam Houston Parkway East•Houston,Texas 77089
phone(281)484-HOME(4663) •fax(281)484-1971 •www.sethfc.com