R-2015-181 2015-10-12RESOLUTION NO. R2015-181
A Resolution of the City Council of the City of Pearland, Texas, a
Reimburse Agreement between the City and the Pearland Economic
Corporation and awarding a bid for the construction of the Cullen
Boulevard, Gateway Signs and Median Project to Jerdon Enterprise,
L.P., in the amount of $452,119.98.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement Agreement between the City and the
Pearland Economic Development Corporation. attached hereto as Exhibit "A", is hereby
approved.
Section 2. That competitive bids for the construction of the Cullen Boulevard
Gateway Sign and Median Project have been reviewed and tabulated.
Section 3. That the City Council hereby awards the bid to Jerdon Enterprise. L.P..
in the amount of $452,119.98.
Section 4. The City Manager or his designee is hereby authorized to execute a
Reimbursement Agreement and a contract for the construction of the Cullen Boulevard
Gateway Sign and Median Project.
PASSED. APPROVED and ADOPTED this the 12thday of October. A.D.. 2015.
ATTEST.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
N
TOM REID
MAYOR
Resolution No. R2015-181
Exhibit "A"
REIMBURSEMENT AGREEMENT
This Agreement is entered into this !2. day of October, 2015, by and between the CITY
OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development
Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC desire the construction of Pearland Cullen Boulevard
Gateway Sign and Median Improvements (hereinafter "Improvements"); and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"),
in pertinent part, defines the term "project" to mean "expenditures that are found by the
board of directors to be required or suitable for infrastructure necessary to promote or
develop new or expanded business enterprises, limited to: (1) streets and roads, rail
spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, the PEDC desires to fund a the construction of the roadway Improvements;
and
WHEREAS, PEDC approved funding the Improvements for the City at its August 27,
2015, Board of Directors' meeting, after conducting a public hearing on the project; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed as follows:
1. City shall hire a contractor to construct the Improvements shown in Exhibit "A"
attached hereto.
2. City shall obtain competitive line item bids in accordance with Local Government
Code Chapter 252 for the construction of the Improvements. City shall review the
bids and award a contract to the respondent offering the best value to the City
within thirty (30) days following approval of the plans and specifications of the
Improvements by the City. City reserves the right to reject any and all bids for the
construction of the Improvements. PEDC must approve the bid or any change
order that would result in the actual cost of the Improvements exceeding the
estimated costs. Following award of the bid by City, City shall cause construction
1
of the Improvements to commence on or before October 1, 2015
("Commencement Date"), and shall cause the Improvements to be completed in
accordance with the plans and specifications within a reasonable period of time.
3. City shall on a timely basis submit, to the PEDC, invoices submitted to the City by
the contractor selected to construct the Improvements. PEDC shall, within ten (10)
days following receipt of an invoice pursuant to this section, review and approve
the invoice payment for payment to the contractor constructing the Improvements.
The total cost of the Improvements is $452,119.89, as itemized in, Exhibit "B"
hereto attached. PEDC shall fund an amount equal to the actual cost of the
improvements, which shall be paid to City in installments or a lump sum amount.
The timing and amount of the payment shall be determined at sole discretion of
the City, but in no event shall the total payments exceed the actual cost of the
improvements.
5. The initial term of this Agreement shall be for a period of twelve (12) months,
commencing on the 1 2_ day of October, 2015, and may be renewed as needed
until the Improvements are substantially complete.
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.
Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
10. 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.
11. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City:
If to PEDC:
City of Pearland
Attn: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chairman
1200 Pearland Parkway, Suite 200
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit cora- oration
By:
Rushi Patel
Chair
3
TTEST:
ung L. J ng
ty Secrtary
'Ili silt %\`‘`\
CITY OF PEARLAND,
a Texas • . nicipal rporation
By -
CI. • Pears " n
City Mana:er
EXHIBIT A
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EXHIBIT B
#0615-55 Bid Tabulation
6
Bid No. 0615-55 Addendum 2
Title Pearland Cullen Boulevard Gateway Sign & Median Improvements
Line Items
Jerdon Enterprise
L.P.
Millis Development
& Construction, Inc.
Line Description UOM QTY
Unit
Extended
Unit
Extended
1
Mobilization (not to exceed 3% of Total Bid Amount)
EA
1
$14,900.00
$14,900.00
$12,000.00
512,000.00
2
Bonding
EA
1
58,400.00
$8,400.00
$9,260.00
$9,260.00
3
Landscape Maintenance (180 Days Extended Maintenance)
EA
1
512,000.00
$12,000.00
512,829.70
512,829.70
4
Construction Permit
EA
1
$200.00
$200.00
$0.00
$0.00
5
Traffic Control
EA
1
$24,000.00
$24,000.00
$8,236.50
$8,236.50
6
Demolition - Chain Link Approximately 210 LF
EA
1
$4,000.00
$4,000.00
$1,482.24
$1,482.24
7
Demolition - Existing Concrete and Sub -Base in Median - Approx.
10,550SF to a 24" Depth Below Top of Curb
EA
1
522,791.33
$22,791.33
$51,324.16
$51,324.16
8
Tree Protection Fencing
EA
1
$400.00
$400.00
$684.32
$684.32
9
Electrical Service Complete In Place Including Meter Panel, Etc.
EA
1
528,000.00
$28,000.00
$24,820.00
$24,820.00
10
Lighting For Sign and Associated Equipment
EA
1
$4,000.00
$4,000.00
$0.00
$0.00
11
Culvert
LF
40
5330.00
$13,200.00
$390.00
$15,600.00
12
Retaining Wall With Stone Veneer & Cast Stone Cap
LF
161
5200.00
$32,200.00
$276.35
$44,492.35
13
Gateway Monument Sign
LS
1
5100,000.00
5100,000.00
598,350.80
$98,350.80
14
Paver Band On Concrete Base At Back Of Curb
SF
2200
$24.00
$52,800.00
$17.79
$39,138.00
15
Gravel Walk
SF
250
$7.00
$1,750.00
$28.73
$7,182.50
16
Steel Edging - 5"
LF
80
$6.00
$480.00
$14.37
$1,149.60
17
Concrete Mow Band (Median)
LF
30
$18.00
$540.00
$41.06
$1,231.80
18
Topsoil Fill (In Retaining Wall Planter and Median)
CY
750
$48.50
$36,375.00
$65.69
$49,267.50
19
Prepared Soil For Seeding and Sodding With 1/2" Composted
Mulch Including Core Aeration (in ROW and West of Cullen)
SF
26200
$0.96
$25,152.00
$0.22
$5,764.00
20
Prepared Soil For Hydromulching with 3" Composted Mulch (In
Median)
SF
3900
$0.66
$2,574.00
$1.75
$6,825.00
21
Water Oak - 45 Gal.
EA
9
$515.00
$4,635.00
5537.88
$4,840.92
22
Cedar Elm - 45 Gal.
EA
13
$380.00
$4,940.00
$537.88
$6,992.44
23
Biloxi Crape Myrtle - 45 Gal.
EA
22
$470.00
$10,340.00
5581.67
$12,796.74
24
Chinese Fringe Tree - 45 Gal.
EA
7
$970.00
$6,790.00
$629.60
$4,407.20
25
Knock -Out Rose - 3 Gal.
EA
41
$30.00
$1,230.00
$32.85
$1,346.85
26
Purple Trailing Lantana - 1 Gal.
EA
552
$15.50
$8,556.00
$15.06
$8,313.12
27
White, Purple and Yellow Lantana - 1 Gal.
EA
531
$15.50
$8,230.50
$15.06
$7,996.86
28
Asian Jasmine - 1 Gal.
EA
331
$14.40
$4,766.40
$8.21
$2,717.51
29
Fine Grade and Sod (in ROW and West of Cullen)
SF
4600
$0.45
$2,070.00
$1.34
$6,164.00
30
Fine Grade and Bermuda Overseed (in ROW and West of Cullen)
SF
28200
$0.15
$4,230.00
$0.48
$13,536.00
31
Fine Grade and Hydromulch (Median)
SF
5725
$0.47
$2,690.75
$0.46
$2,633.50
32
Mulch Under Trees (In Reforestation Areas)
SF
6600
$0.33
$2,178.00
$0.73
$4,818.00
33
2" Water Meter
LS
1
53,800.00
$3,800.00
$5,150.20
$5,150.20
34
Irrigation Bores
LF
40
$67.00
$2,680.00
$60.22
$2,408.80
35
Irrigation System Complete In Place
LS
1
542,000.00
$42,000.00
$41,813.00
$41,813.00
36
High Rise Live Oak - 65 Gal.
EA
8
$700.00
$5,600.00
$926.50
$7,412.00
Total
$498,498.98
$522,985.61