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R-2015-205 2015-11-09RESOLUTION NO. R2015-205 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Reimbursement Agreement with the Pearland Economic Development Corporation associated with the construction of the Lower Kirby Underground Electrical Phase III. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Reimbursement Agreement, by and between the City and the Pearland Economic Development Corporation, 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 the Reimbursement Agreement attached hereto. PASSED. APPROVED and ADOPTED this the 9T" day of November, A.D. 2015. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 001111/1t,, ,LQ�RLA,y� • • ''''''11111 11 j 01`` �� Resolution No. R2015-205 Exhibit "A" REIMBURSEMENT AGREEMENT This Agreement is entered into this day ofeC2mbcr , 2015, by and between the CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development Corporation (hereinafter "PEDC"). WHEREAS, the City and PEDC desire the extension of underground electricity along Kirby Drive from the north side of the South Spectrum Right-of-way approximately 900 feet to the north side of the North Spectrum Right-of-way and west approximately 350 feet along the south side of the North Spectrum Right-of-way (hereinafter "Improvements"); and WHEREAS, the City entered into a Development Agreement with Spectrum 86 Limited Partnership on September 29, 2015, which establishes responsibilities for funding, designing, and constructing the Improvements; and WHEREAS, the PEDC entered into a contract for the design of the Improvements, and the Developer plans to construct the Improvements and enter into a contract with CenterPoint Energy for construction of the Improvements; 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. The PEDC shall contract to design the manholes and underground conduit duct banks, more accurately described in Exhibit "A" attached hereto. 2. Spectrum 86 Limited Partnership, per the Development Agreement. shall be responsible for constructing the Improvements. 3. The City is responsible for 50% of the actual construction cost of the Improvements, per the Development Agreement, which is estimated to be $777,170 as itemized in Exhibit "B" attached hereto. PEDC shall fund 100% of the design contract and the City's 50% share of the construction cost. The City shall deposit $777,170 into an escrow account in accordance with the Escrow Agreement attached to the Development Agreement to cover the City's share of the cost to construct the Improvements. 5. The initial term of this Agreement shall be for a period of twelve (12) months, commencing on the day of , 2015, and terminating on the day of , 2016, provided, however, the Reimbursement provisions contained in Section 3 of this Agreement shall survive the termination date contained herein until such time City receives reimbursement payments from PEDC. 6. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 8. 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: Matt Buchanan, President 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 corporation By: Rushi Patel, Chair CITY OF PE ' ' 'AND, a Texas nici%al corporation By. earson, City Manager N. SPECTRUM NOTE: THERE IS 1 DRIVEWAY ON NORTH SPECTRUM. ESTIMATING AUGER TO BE -120 L.F. LOWER KIRBY DUCT BANK PHASE 1/1 OCTOBER 2015 PROP. PHASE NI DUCT BANK LJA Engineering, Inc. 2929 Briarpark Drive Suite 600 Houston, Texas 77042 b SCALE 1:200 114 Phone 713.953.5200 Fax 713.953.5026 FRN - F-1386 S ainpayoS }so3 8118IHX3 Preliminary Engineers Estimate For: Underground Duct Bank Facilities to Serve Kirby Drive and North Spectrum (PHASE 111) Estimate By: Cindy McNeill Estimate Date:: 1 0/1 512 01 5 LJA JOB No. 19574503 Item Description UNIT QTY UNIT COST Total Cost 1 MOBILIZATION • NOT TO EXCEED 3% OF BID LS 512.000 00 512.000 00 2 TRAFFIC CONTROL ANO REGULATION LS 52.500 00 52 500 00 CONCRETE OUCT BANK INCLUDES 8 -6 -INCH PVC CONDUITS (TYPE EB). ALL CONFIGURATIONS AND DEPTHS 3 EXCAVATION & BACKFILL. SPACERS. REINFORCEMENT. BENDS TRANSITIONS. STUBS. ANCHORS. JET LINE 14 LF 1.136 5200 00 5227 ODO 00 AWG WIRE. DUCT CAPS FOR ENDS. AND ALL APPURTENANCES PER CONSTRUCTION PLANS AND CENTERPO�.NT DETAILS. COMPLETE IN PLACE 4 4 -WAY MANHOLE. ALL DEPTHS. COMPLETE IN PLACE TO CENTERPOINT SPECS EA 4 S65. 000 00 5260.000 00 ADDITIONAL COST FOR AUGER SECTION CROSSING ANY BOULEVARD. INCLUDES APPROPRIATE STEEL CASING 5 LF 440 5600 00 5264.000 00 BORE PITS SPACERS AND END SEALS COMPLETE IN PLACE 6 REINFORCED FILTER FABRIC FENCE (SILT BARRIER FENCING). (TO BE USED ONLY AS DIRECTED BY THE LF 2 310 51 25 52.887 50 ENGINEER). COMPLETE IN PLACE 7 STORIFWATER POLLUTION PREVENTION PLAN COMPLIANCE INCLUDING GENERAL SOURCE CONTROL AND ALL LS 52.00000 5200000 OTHER ITEMS NOT SPECIFICALLY LISTED ABOVE COMPLETE IN PLACE 8 STAGE 11 INLET PROTECTION BARRIERS COMPLETE N PLACE EA 7 5100 00 5700 00 9 STABILIZED CONSTRUCTION EXIT COMPLETE IN PLACE LS S2 000 00 52 000 00 10 SITE RESTORATION TO INCLUDE HYDROMULCH SEEDING OF DISTURBED AREA AC 53.000 00 53 000 00 SUBTOTAL AMOUNT 5776,100.00 EXTRA WORK ITEMS 1 WELL POINTING. COMPLETE IN PLACE LF 1,000 51500 515.00000 2 WET SAND BEDDING COMPLETE IN PLACE 11 500 51500 57.50000 2 CONTINGENCIES (10%) 579.90000 SUBTOTAL AMOUNT 5102.400.00 ENGINEERING AND TESTING 118 e) 5158.100 00 CENTERPOINT ITEMS 1 UNDERGROUND PRIMARY Total Amound Bid LF 1.575 5200.00 5315,00000 SUBTOTAL AMOUNT S315,000.00 Total Cost 51,351,600.00 Far F.1s0 1.0.40.11 Page 2 of 2y LLar41e5r'5o1.Num.2and NYn1lrvulr COST E y1.AA, E92015 -1o@ Lame 100v0 ._Und.VI+^41O fB. M.