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R-2014-049 2014-05-19RESOLUTION NO. R2014-49 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 MHI Compressor International Corporation and MHI Compressor Manufacturing, LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Development Agreement, 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 a Development Agreement. PASSED, APPROVED and ADOPTED this the 19th day of May, A.D., 2014. ATTEST: YO G LO'I rNG, T, CI SEC TARY APPROVED AS TO FORM: (;\,. 1 ---- DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR F;U d :C DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION NO. R2014-49) This Agreement is entered into this 27th day of May, 2014, by and between the City of Pearland, Texas (hereinafter "City"), MHI Compressor International Corporation and MHI Compressor Manufacturing, LLC, (collectively "MHI"). WHEREAS, MHI owns certain property, more accurately described in Exhibit "A" attached hereto (hereinafter "Property"), that is located in the City and within the boundaries of the Lower Kirby Municipal Management District (hereinafter "LKMMD"); and WHEREAS, MHI desires to construct a corporate headquarter and manufacturing facility on the Property for the manufacturing and servicing of compressors (hereinafter "Project"); and WHEREAS, the capital investment for the Project is expected to be $40,000,000 over 24 months; and the creation of 35-50 jobs over a 24 month period; and WHEREAS, the Project will consist of the construction of a single story 38,027 square foot office building and a 103,235 square foot compressor assembly building ("Phase I") and, at MHI's discretion, may consist of a second phase ("Phase II") that will expand the initial manufacturing building, warehouse/distribution building, testing plant, cooling tower, boiler room, substation and control buildings. WHEREAS, development of the Project will require numerous public infrastructure improvements within the boundaries of the LKMMD; and WHEREAS, the LKMMD is a taxing entity that has the authority to reimburse developers for public infrastructure improvements constructed within its boundaries; and WHEREAS, in order to develop and finance certain required public improvements for the Project the City and MHI desire an agreement to set forth their respective responsibilities of the Parties with regard to the Project. 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: ARTICLE I INCORPORATION OF RECITALS Recitals Incorporated. The representations, covenants, and recitations set forth in this Agreement are material to this Agreement and are hereby found and agreed to be true and correct and are incorporated into and made part here of as though they were fully set forth in this article. 1 ARTICLE II COOPERATION Action of the Parties. The Parties agree to take such actions, including the execution and delivery of such documents and instruments as may be necessary or appropriate to carry out the terms and intent of this Agreement. Parties. ARTICLE III EFFECTIVENESS OF AGREEMENT This agreement shall become effective from and after its approval and execution by both ARTICLE IV RESPONSIBILITIES OF THE PARTIES 4.1 Site Plan. MHI shall comply with all City rules and regulations regarding development in the City, including, but not limited to, the City's Unified Development Code and the LNR Clear Creek Spectrum Planned Unit Development. Additionally, MHI shall develop Phase I of the Property in accordance with site plan attached hereto as Exhibit "B." If MHI elects to proceed with Phase II of the Property, MHI agrees to develop Phase II of the Project in such a manner that any loading/unloading doors, rolling shutters, garage doors, bay doors, dock doors, or similar structures on the future warehouse/distribution facility or other buildings will be screened by an opaque landscape masonry fence designed to match the material and color of the building facades along Kirby Drive, so it is not visible from Kirby Drive as determined solely by the City Manager or his designee. Furthermore, if MHI elects to proceed with Phase II of the Property, MHI agrees that the testing facility, substation, cooling towers and other mechanical equipment will be located at least 300 feet from the property line along Kirby Drive and screened by the warehouse/distribution facility or other methods, including, but not limited to an opaque landscape masonry fence designed to match the material and color of the building facades along Kirby Drive, so it is not visible from Kirby Drive as determined solely by the City Manager or his designee. 4.2 Hooper Road. a) General: City shall be responsible for the design and construction of the Hooper Road Improvements, as more particularly shown in Exhibit "C" attached hereto (hereinafter "Road Improvements"). The Road Improvements shall include paving, drainage and detention, water, sewer, lighting and streetscape components. The City shall consult with MHI regarding the selection of a design engineer for the Road Improvements, but selection of the design engineer shall remain the sole discretion of the City. It 2 is also understood by the parties to this Agreement that MHI's operation will have a direct impact on the designed sub -grade and concrete thickness of Hooper Road. Consequently, during the design phase, City agrees to consult with MHI for the purpose of verifying that the sub -grade and concrete thickness of Hooper Road will be adequate for MHI's minimum needs, but the actual thickness of the sub -grade and concrete to be constructed shall remain the sole discretion of City. b) Engineering: The estimated engineering cost for the design of the Road Improvements is $417,000.00 as shown on Exhibit "D." MHI shall fund 75% and City 25% of the actual engineering costs for all cost except those related to sanitary sewer, streetscape and water; and City shall be responsible for all right-of-way acquisition associated with the Road Improvements with such costs to be shared by City and MHI in the same pro rata percentages as the engineering costs. Within five (5) days following the execution of this Agreement and in conjunction with Phase I of the Project, MHI shall deliver a payment of $250,500.00 which represents MHI's estimated portion of the engineering costs. The City will not issue MHI a building permit for Phase I of the Project or enter into a contract for engineering services pursuant to this Agreement until MHI has deposited its pro rata share of the engineering costs for the Road Improvements with the City. Design of the Road Improvements shall be complete within 270 days after receipt of MHI's pro rata shares of engineering cost. MHI's payments to City for right-of-way costs shall be made to City within thirty (30) days following MHI's receipt of an invoice detailing such costs. c) Competitive Bidding: Upon approval of the plans and specifications of the Road Improvements by City and following the occurrence of a Trigger Event described herein, City shall obtain competitive line item bids in accordance with Local Government Code Chapter 252. MHI shall deposit its full Participation Amount with City within fifteen (15) days following the earliest occurrence of any one of the following events (hereinafter "Trigger Events"), but no later than March 31, 2017: 1) MHI applies for a building permit to add additional square footage to the Phase I compressor assembly facility; 2) MHI applies for a building permit for the construction of any improvements for Phase II of the Project as shown on Exhibit "B"; 3) MHI exceeds eight (8) permitted loads per calendar year in one calendar year at the Property or has been found to have shipped or received any permitted load(s) without proper permitting approval from the City; or 4) MHI fails to deposit its full Participation Amount with City on or before March 31, 2017 Upon the occurrence of Trigger Event (4), City shall have the right and option of giving written notice to MHI that if MHI fails to deposit its full Participation Amount within ninety (90) days of such written notice, then thereafter City shall not approve any permitted loads to travel to or from the Property until City receives payment of MHI's full Participation Amount. In addition, City shall not issue MHI a building permit for any addition to Phase I or for the construction of Phase II of the Project, or award the construction bid for the Road Improvements until MHI has deposited its Participation Amount with the City. The City will award the bid and complete construction of the Road Improvements within two (2) years following the occurrence of a Trigger Event and receipt of MHI's Participation Amount. d) Construction: The estimated construction cost of the Road Improvements is $3,975,000.00 and the total portion of the cost to be shared by MHI and the City is $3,200,000 as shown on Exhibit "D". MHI shall fund 75%, and City shall fund 25% of the actual costs of the Road Improvements (hereinafter "Participation Amount") based on the City's bid award; except that all costs associated with the construction of water lines, sanitary sewer lines and streetscape shall be funded by City at 100%. In the event the actual costs of the Road Improvements exceed the bid award due to change orders (hereinafter "Additional Costs"), City and MHI shall share the Additional Costs in proportion to their Participation Amount. MHI's payments to the City for Additional Costs shall be made to City within thirty (30) days following MHI's receipt of an approved change order detailing the Additional Costs. Upon the execution of this Agreement by the parties, MHI shall deliver to City a letter of credit issued by a bank reasonably satisfactory to City securing MHI's obligation to pay the full Participation Amount. e) Final Accounting: Within thirty (30) days following final completion of the Road Improvements, City shall perform, or cause to be performed, a final accounting of the actual construction costs of the Road Improvements. If MHI's Participation Amount deposited with City exceeds MHI's portion of the actual costs of the Road Improvements, City shall pay to MHI the amount of the excess within thirty (30) days following the completion of the final accounting. If MHI's Participation Amount deposited with City is less than MHI's portion of the actual costs of the Road Improvements, MHI shall pay the amount equal to the difference to City within thirty (30) days following the completion of the final accounting. MHI shall have the right to audit the actual construction costs of the Road Improvements prior to the final accounting and closing of the Project accounts. 0 Reimbursement: The obligations of the Parties pursuant to this Section shall be contingent upon the City entering into a Financing Agreement with LKMMD providing for the City's pre -financing of the Road Improvements and LKMMD's reimbursement of said costs, plus interest, to the City (hereinafter "Road Improvement Reimbursement Payments"). It is further understood by the parties that any Road Reimbursement Payments are contingent upon the LKMMD making application to the Texas Commission on Environmental Quality for approval of such payments for the reimbursement of funds advanced to LKMMD in accordance with LKMMD's Resolution Establishing Policy Regarding Construction Projects. Within 30 days following the City's receipt of any Road Improvement Reimbursement Payment from LKMMD for the Road Improvements, City shall deliver a payment to MHI that is equal to 75% of each Road Reimbursement Payment until MHI is reimbursed for 75% of its eligible reimbursable contributions, plus interest, which shall be paid in accordance with LKMMD policy for developer contributions. It is understood by City and MHI that no established timetable exists for the Road Improvement Reimbursement Payments, and such payments shall only occur once the LKMMD has funds available to make payments in accordance with LKMMD's reimbursement policy. 4.3 Regional Detention. MHI shall be responsible for obtaining regional detention capacity from LKMMD in accordance with LKMMD's Master Drainage Plan. Each Phase of the Project shall be considered separate for purposes of calculating regional detention capacity. 4.4 Electrical Service. MHI acknowledges and understands that the City's Unified Development Code; as well as the underlying zoning of the Property and other properties in the Lower Kirby vicinity, contains requirements that certain electric utilities be placed underground. Any electrical utility improvements will need to be agreed upon, financed and constructed by Centerpoint and MHI in compliance with all rules and regulations of the City. 4.5 Phase II. MHI acknowledges its requirement to pay to City its full Participation Amount in accordance with Section 4.2 (c) and (d) contained herein; however, nothing in this Agreement shall commit MHI to developing any facilities on the Property beyond Phase I. ARTICLE V TERM The initial term of this Agreement shall be for a period of eighteen months, commencing on the 27th day of May, 2014, and terminating on the 27th day of November, 2015, provided, however, that this Agreement shall be automatically renewed in one (1) month increments until all of the obligations of the Parties hereunder have been fully discharged or specifically waived in writing by the beneficiary thereof. ARTICLE VI AUTHORITY COVENANTS Powers. (a) The City hereby represents and warrants to MHI that it has full constitutional and lawful right, power and authority, under currently applicable law, to execute and deliver and perform the terms and obligations of this Agreement, and all of the foregoing have been or will 5 be duly and validly authorized and approved by all necessary City proceedings, findings and actions (b) MHI hereby represents and warrants to the City that it has full lawful right, power and authority to execute and deliver and perform the terms and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by MHI's authorized representative. ARTICLE VII GENERAL PROVISIONS 7.1 Time of the essence. Time is of the essence of this Agreement. The Parties will make every reasonable effort to expedite the subject matter hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 7.2 Default. (a) A party shall be deemed in default under this Agreement (which shall be deemed a breach hereunder) if such party fails to materially perform, observe or comply with any of its covenants, agreements or obligations hereunder or breaches or violates any of its representations contained in this Agreement. (b) Before any failure of any party to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing, the party alleged to have failed to performed the alleged failure and shall demand performance. No breach of this Agreement may be found to have occurred if performance has commenced to the reasonable satisfaction of the complaining party within 30 days of the receipt of such notice, subject, however, to the terms and provisions of Section 7.2 (c). Upon a breach of this Agreement, the non -defaulting Party, in any court of competent jurisdiction, by an action of proceeding at law or in equity, may secure the specific performance of the covenants and agreements herein contained, may be awarded damages for failure of performance, or both. Except as otherwise set forth herein, no action taken by a Party pursuant to the provisions of this Section of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to ay Party at law or in equity. Each of the Parties shall have the affirmative obligation to mitigate its damages in any event of a default by the other Party. (c) Notwithstanding anything in this Agreement which is or may appear to be to the contrary, if the performance of any covenant or obligation to be performed hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Party (which circumstances may include, without limitation, pending or threatened litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, the time for such performances shall be extended by the amount of time of such delay. The Party claiming delay of performance as a result of any of the foregoing "force majeure" events shall deliver written 6 notice of the commencement of any such delay resulting from such "force majeure" event not later than seven days after the claiming Party becomes aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a "force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the provisions for the extension of performance contained in this Section. 7.3 Notices. Any notice send under this Agreement (except as otherwise expressly required) shall be written and mailed, or sent by or personally delivered to an officer of the receiving party at the following addresses: If to the City: With a copy to: If to MHI: With a copy to: Clay Pearson - City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Darrin Coker - City Attorney City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Gampa I. Bhat- President MHI Compressor International Corporation and MHI Compressor Manufacturing, LLC 1221 McKinney St. Suite 4250 Houston, Texas 77010 Thad Armstrong, Attorney Thompson & Knight LLP 333 Clay St. Suite 3300 Houston, Texas 77002 Each party may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this Section shall be deemed to be given when so mailed, any notice so sent by facsimile shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, an authorized officer of the City or MHI, as the case may be. 7.5 Amendments and waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is approved by the City Council and the MHI. No course of dealing on the part of the City or MHI nor any failure or delay by the City or MHI with respect to exercising any right, power or privilege pursuant to this Agreement shall operate as a waiver thereof, except as otherwise provided in this Section. 7.6 Invalidity. In the event that any of the provisions contained in the Agreement 7 shall be held unenforceable in any respect, such unenforceability shall not affect any other provisions of the Agreement and, to that end, all provisions, covenants, agreements or portions of the Agreement are declared to be servable. 7.7 Successor and assigns. MHI shall have the right to assign its rights under this Agreement or any interest herein, so long as it first gives to the other party notice of such assignment and acknowledgement of such assignment from the assignee and obtains the prior written consent from the other party to such assignment, which consent shall not be unreasonably withheld, conditioned or delayed. This Agreement shall be binding on and shall inure for the benefit of all parties and their permitted successors and assigns. 7.8 Exhibits, titles of articles, sections and subsections. The exhibits attached to this Agreement are incorporated herein and shall be considered a part of the Agreement for the purpose stated herein, except that in the event of any conflict between any of the provisions of such exhibits and the provisions of the Agreement, the provisions of this Agreement shall prevail. All titles or headings are only for the convenience of the parties and shall not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a section or subsection shall be considered a reference to such section or subsection of the Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. 7.9 Applicable law. This Agreement is a contract made under and shall, be construed in accordance with and governed by the laws of the United States of America and the State of Texas, and any actions concerning this Agreement shall be brought in the Texas State District Courts of Brazoria County. 7.10 Entire agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 7.11 Approval by the parties. Whenever the Agreement requires or permits approval or consent to be hereafter given by any of the parties, the parties agree that such approval or consent shall not be reasonably withheld or delayed. 7.12 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute by one and the same agreement. 7.13 Interpretation. This Agreement has been jointly negotiated by the parties and shall not be construed against a party because that Party may have primarily assumed responsibility for the drafting of this Agreement. 8 IN WITNESS WHEREOF, the parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written ATTEST: Yfji' g Lori g Secre . ry • APPROVED AS TO FORM: Cr(' Darrin M. Coker City Attorney STATE OF TEXAS COUNTY OF 6raz.oria., CITY: CITY OF PEARLAND, TEXAS, a home rule mun . . ity ay P ar.on City Ma ager MHI COMPRESSOR MANUFACTURING, LLC: By: Gampa I. Bhat Title: e CD MHI COMPRESSOR INTERNATIONAL CORPORATION: By: Gampa . Bhat Title: o12 -Es I ,1��„, I 9 CBEFORE ME, the undersigned Notary Public, on this IGi.�J /lea S0r , known to me to be the person whose foregorr(g instrument and acknowledged to me that he/she executed and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE , A.D., 2014. ,,+o,:aY?o;,, JENIFER K. SMITH Notary Public, State of Texas •, 'j My Commission Expires ,%',o„,, July 16, 2014 STATE OF TEXAS COUNTY OF .I day personally appeared name is subscribed to the the same for the purposes THIS DAY OF NARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: jer);-_,r Sm' 4-h My Commission Expires: 'T.• /5 •'O/ BEFORE ME, the undersigned Notary Public, on this day personally appeared C--(`'"":30, µ pt , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF CY1c.Kj , A.D., 2014. 1 ,,,��w, , AGGIE GIBBON :° :� Notary Public, State of Texas y: : EXHIBIT "A" - PROPERTY Page 1 of 2 EXHIBIT "A" Metes and bounds Description Of 26.223 Acres of Land Out of Lots 38-1/2, 43, 43-1/2, 44, 44-1/2, 53 & 54, Section F Allison Richey Gulf Coast Homes Subdivision Volume 2, Page 40, HCMR James Hamilton Survey, A-876 Pearland, Harris County, Texas Being a 26.223 acre tract of land out of Lots 38-1/2, 43, 43-1/2, 44, 44-1/2, 53 & 54, Section F, Allison Richey Gulf Coast Homes Subdivision, an addition to the City of Pearland, Harris & Brazoria County, Texas as recorded in Volume 3, Page 40 of the Map Records of Harris County, Texas, said 26.223 acre tract of land being comprised of a portion of the 19.342 acre Tract 3 (by deed), all of the 10.703 acre Tract 4 (by deed) and all of the 10.712 acre Tract 5 (by deed) deeded to Spectrum 86 Partners, L.P. as recorded in Harris County Clerk's File Number 20060169567 in the Official Public Records of Real Property, Harris County, Texas, said 26.223 acre tract of land being more particularly described as follows: BEGINNING at a 5/8 inch capped iron rod found at the southeast corner of the 13.582 acre (by deed) Tract "A", Project Heartbeat Campus Phase 1, an addition to the City of Pearland, Harris & Brazoria County, Texas as recorded in Film Code No. 629185 of the Map Records of Harris County, Texas, said rod located in the west right- of-way line of Kirby Drive (120' public right -of -way -as widened) and being the northeast corner of the herein described 26.223 acre tract; THENCE South 02 degrees 17 minutes 26 seconds East, with said west right-of-way line of Kirby Drive, for a distance of 1,108.78 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner in the north line of Lot 54-1/2 of said Section F, Allison Richey Gulf Coast Homes Subdivision and in the north line of the 6.1517 acre tract (by deed) deeded to Thao Hoang as recorded in Harris County Clerk's File Number 20090504166 in the Official Public Records of Real Property, Harris County, Texas and being the southeast corner of the herein described 26.223 acre tract; THENCE South 87 degrees 38 minutes 54 seconds West, a distance of 1,227.41 feet to a 5/8 -inch iron rod found for corner located in the east right-of-way line of Hooper Road (60' public right -of -way -as widened) and being the southwest corner of the herein described 26.223 acre tract; THENCE North 02 degrees 28 minutes 19 seconds West, with said easterly right-of-way line of Hooper Road, for a distance of 758.59 feet, to a 1/2 -inch iron rod found at the southwest corner of the 5.0530 acre tract (by deed) deeded to Sterling W. McQueen as recorded in Harris County Clerk's File Number L978459 in the Official Public Records of Real Property, Harris County, Texas, the limits of said 5.0530 acre tract being described in the Boundary and Monument Agreement Based on Re -survey recorded in Harris County Clerk's File Number 1077627 in the Official Public Records of Real Property, Harris County, Texas and being the westerly northwest corner of the herein described 26.223 acre tract; THENCE North 87 degrees 36 minutes 51 seconds East, with the south line of said 5.0530 acre tract, for a distance of 629.89 feet to a 1/2 -inch iron rod found at the southeast corner of said 5.0530 acre tract and being interior corner of the herein described 26.223 acre tract; CORRONDONA & ASSOCIATES, INC- • 11710 NORTH FREEWAY, SUTTE 700 HOUSTON, TEXAS 77060 • 281-469-3347 FAX 281-469-3594 Page 2 of 2 THENCE North 02 degrees 26 minutes 56 seconds West, with the east line of said 5.0530 acre tract, for a distance of 349.49 feet, to a fence corner post at the northeast corner of said 5.0530 acre tract and being located in the south line of the aforementioned Tract "A", Project Heartbeat Campus Phase I and being the northerly northwest corner of the herein described 26.223 acre tract; THENCE North 87 degrees 37 minutes 02 seconds East, with the south line of said Tract "A", Project Heartbeat Campus Phase I, for a distance of 600.88 feet to the POINT OF BEGINNING and containing 1,142,282 square feet or 26.223 acres of land, more or less. This property description is accompanied by a separate plat of even date. AM bearings are referenced to the Texas State Plane Coordinate System, Central Zone, NAD83. All distances and areas are surface. Job No. POWE1301.00 Date: October 4, 2013 —Ln• Ja es M. "Matt" Ewing Texas Registered Professional Land Surveyor RPLS No. 4892 Gorrondona and Associates, Inc. Houston, TX POWE1301.00 MB.doc JAMES M. ,EWA e. . . •. SUANI GORRONDONA & ASSOCIATES, INC • 11710 NORTH FREEWAY, SUITE 700 HOUSTON, TEXAS 77060 • 281-469-3347 FAX 281-469-3594 EXHIBIT "B" - SITE PLAN z can ray... ma.tuw Com,.wtCAOE*tteS • a..r aq rwamu a P n au Phase 1 .#�`` r.1 KIRBY DRIVE 1 1 OVERALL LAYOUT SFAI SHE Et NUMBER PROJECT NO DRAWN BY CHECKED BY SHEET TRLE 211:41(aiP v ' 7i �o%i 6- , +ljff { :i „laid hI j. ,,1s 4 i!i `vGA GENERA/ NOTES MHI COMPRESSOR PEARLAND tFX*S 7704' A PROJECT FOR MHI COMPRESSOR r o i ;=gymIi;iii i i' 3 1 iUI1 EXHIBIT "C" - ROAD IMPROVEMENTS Reconstruction EXHIBT "D" = ROAD IMPROVEMENTS COST Shared Total: $ 3,200,000.00 I LOWER KIRBY CONSTRUCTION COST ESTIMATE DATE: 12/11/13 DESCRIPTION UNIT QTY UNIT PRICE TOTAL COST BW8 to MHI South Property Line Total Segment Length 3200 ft Total Engineering Cost $ 417,000 Total Construction Cost $ 3,975,000 City (25%) - MHI (75%) Shared Construction Cost Paving Site Preparation (Clearing & Grubbing) AC. 3 $ 1,200.00 $ 4,000.00 Roadway Excavation CY. 4,666 $ 3.25 $ 15,000.00 10 -inch stabilized subgrade SY. 14,222 $ 2.94 $ 42,000.00 Lime for Stabilization (8% per dry weight) TON 472 $ 135.00 $ 64,000.00 14 -inch CRCP Reinforced Concrete Pavmt (37' B -B) SY. 13,156 $ 54.00 $ 710,000.00 6 -inch Reinforced Concrete Curb L.F, 6,400 $ 2.50 $ 16,000.00 Sub Total $ 851,000.00 Appurtenances (5%) $ 43,000.00 Contingency (25%) $ 224,000.00 Engineering (12%) $ 134,000.00 Total Phase I Items: $ 1,252,000.00 Drainage Type "C -2A" EA. 8 $ 3,100.00 $ 25,000.00 Manholes EA. 7 $ 3,500.00 $ 25,000.00 24 -inch Leads L.F. 36 $ 50.00 $ 2,000.00 42 -inch Sewer RCP L.F. 700 $ 100.00 $ 70,000.00 48 -inch Sewer RCP L.F. 1,700 $ 130.00 $ 455,000.00 54 -inch Sewer RCP L.F. 2,700 $ 175.00 $ 471,000.00 Sub Total $ 1,048,000.00 Appurtenances (15%) $ 157,000.00 Contingency (25%) $ 301,000.00 Engineering (12%) $ 181,000.00 Subtotal Items: $ 1,687,000.00 Lighting 4" PVC Schedule 40 Conduit LF. 6,400 $ 10.00 $ 64,000.00 Street Lights - CenterPoint Ea 32 $ 500.00 $ 16,000.00 Hooper Road Detention Pond Detention Pond Excavation Outfall Backslope Interceptor Backslope swale Land Acquisition Contingency (25%) $ Engineering (12%) $ Subtotal Items: $ 20,000.00 12,000.00 112,000.00 C.Y. 1,613 $ 5.00 $ 8,000.00 LS 1 $ 15,000.00 $ 15,000.00 EA. 2 $ 5,000.00 $ 10,000.00 L.F. 500 $ 3.50 $ 2,000.00 S.F. 87,120 $ 1.00 $ 87,000.00 Appurtenances (25%) $ 9,000.00 Contingency (25%) $ 11,000.00 Engineering (12%) $ 7,000.00 Subtotal Detention Pond 4 Items: $ 149,000.00 Shared Construction Cost - Participation Amounts by Phase Estimated Engineering Cost* MHI Share (75%) City Share (25%) Estimated Construction Cost Less Engineering MHI Share (75%) City Share (25%) *Does not include right-of-way cost $ 334,000.00 $ 250, 500.00 $ 83,500.00 $ 2,866,000.00 $ 2,149,500.00 $ 716,500.00 (Total Estimated Cost $ 3,200,000.00 I City Total $ 775,000.00 I City (100%) Construction Cost Water 8" PVC Pipe LF. 3,200 $ 16.00 $ 51,000.00 Fire Hydrant EA. 7 $ 2,700.00 $ 19,000.00 8" Gate Valve EA. 4 $ 700.00 $ 3,000.00 Sub Total $ 73,000.00 Appurtenances (25%) $ 18,000.00 Contingency (25%) $ 23,000.00 Engineering (12%) $ 14,000.00 Subtotal Items: $ 128,000.00 Sewer 8" SDR -26 LF. 3,100 $ 22.00 $ 68,000.00 Sanitary Sewer Manhole (0-8') EA. 8 $ 2,000.00 $ 16,000.00 Extradepth Manhole VF. 7 $ 100.00 $ 1,000.00 Trench Safety Systems LF. 3,100 $ 0.50 $ 2,000.00 Sub Total $ 87,000.00 Appurtenances (10%) $ 9,000.00 Contingency (15%) $ 14,000.00 Engineering (12%) $ 13,000.00 Subtotal Items: $ 123,000.00 Streetscape Sidewalks SY 4,267 $ 32.00 $ 137,000.00 Street Trees LF. 3,200 $ 29.00 $ 93,000.00 Irrigation L.F. 3,200 $ 45.00 $ 144,000.00 Contingency (25%) $ 94,000.00 Engineering (12%) $ 56,000.00 Subtotal Items: $ 524,000.00 City Construction Cost Totals Estimated Engineering Cost $ 83,000.00 Estimated Construction Cost Less Engineering $ 692,000.00