R2018-185 2018-11-26RESOLUTION NO. R2018-185
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Letter Finance Agreement with the
Lower Kirby Pearland Management District, and a Reimbursement Agreement
with the Pearland Economic Development Corporation associated with the
Lower Kirby Beltway 8 Water Line Project (Hooper Road to Kirby Drive).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Letter Finance Agreement between the City and the Lower Kirby
Pearland Management District, 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 certain Reimbursement Agreement by and between the City of Pearland
and the Pearland Economic Development Corporation, a copy of which is attached hereto as Exhibit
"B" and made a part hereof for all purposes, is hereby authorized and approved.
Section 3. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a Letter Finance Agreement and a Reimbursement Agreement.
PASSED, APPROVED and ADOPTED this the 26th day of November, A.D., 2018.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
`01111I11/
•ms's
R2018-185
REIMBURSEMENT AGREEMENT
LOWER KIRBY BELTWAY 8 WATER LINE CONNECTION
HOOPER ROAD TO KIRBY DRIVE
This Agreement is entered into this 26th day of November, 2018, 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 the Lower Kirby Beltway 8
Water Line Connection from Hooper Road to Kirby Drive for Project #1803, (hereinafter
"Improvements"); and
WHEREAS, the Improvements represent an infrastructure project located within the
boundaries of the Lower Kirby Pearland Management District ("LKPMD"); 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 the design and construction of the Improvements;
and
WHEREAS, the City can receive eligible reimbursements from the LKPMD for the costs
associated with the Improvements; and
WHEREAS, PEDC approved funding the Improvements for the City at its September
27, 2018, Board of Directors' meeting; and
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to the Improvements and reimbursement of said costs.
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
1. By separate agreement, LKPMD shall be responsible for designing, bidding, and
constructing the Improvements more accurately described in Exhibit "A" attached
hereto.
2. Upon the approval of the plans and specifications by City, LKPMD will be
responsible for obtaining competitive line item bids in accordance with applicable
State codes for the construction of the Improvements. LKPMD will be responsible
for reviewing the bids and awarding a contract to the lowest responsible bidder.
3. The total cost of the Improvements is estimated to be $240,000, as itemized in
Exhibit "B" attached hereto. PEDC shall fund an amount equal to the actual cost
of the Improvements ("PEDC Participation Amount"), 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.
4. This Agreement shall be contingent upon City and LKPMD entering into a
Financing Agreement whereby City agrees to pre -finance the Improvements in
return for LKPMD's agreement to reimburse the City for the costs associated with
the Improvements ("Reimbursable Fund Payment"). Within 90 days following City's
receipt of the Reimbursable Fund Payment from LKPMD that is attributable to the
Improvements, City shall make payment to PEDC, in an amount equal to the
Reimbursable Fund Payment, as reimbursement for the PEDC Participation
Amount.
5. The initial term of this Agreement shall be for a period of eighteen (18) months,
commencing on the 26th day of November, 2018, and may be renewed as needed
until the Improvements are substantially complete.
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.
9. 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
2
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
3519 Liberty Drive, Suite 350
Pearland, TX 77581
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
3
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas n -profit corporation
By:(,ctrLI
Brandon ansby
Chair
CITY OF PEARLAND,
a Texas municipal corporation
By:
Clay Pe rn,
City Man ger
4
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
September 19, 2018
Mr. Clay Pearson
City Manager
City of Pearland, Texas
3519 Liberty Drive
Pearland, TX 77581
Re: Financing for the design and construction of the Beltway 8 Waterline
Extension
Dear Mr. Pearson:
LOWER KIRBY PEARLAND MANAGEMENT DISTRICT (the "District") and THE
CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the
"Agreement") dated February 6, 2014, to provide for the financing and construction of
facilities to serve land within the District. The District and the City have determined to
proceed with the design and construction of the Beltway 8 Waterline Extension (the
"Project") in accordance with the Agreement. The City will pre -finance payments to the
District related to design and construction of the Project in the estimated amount of
$240,000 as outlined in the cost estimate, which is attached hereto as Exhibit "A", and the
District agrees to reimburse the City pursuant to the terms of the Agreement.
[EXECUTION PAGE FOLLOWS]
741992
This agreement was duly authorized at a meeting of the Board of Directors of the
District held on the 19th day of September, 2018.
Very truly yours,
LOWER KIRBY PEARLANDANAGEMENT
DISTRICT
By:
President, Bo
AGREED TO AND ACCEPTED this 2 1 r� day of a vertu bb , 2018.
741992
LJA ENGINEERING
2929 Briarpark Drive. Suite 600. Houston. Texas 770142
t 713.953.5200 f 713.953.5026 LJAcom TBPB F-1356 TBPLS 1.0110501
November 2, 2018 PROPOSAL
Mr. Ron Dagley - President
Lower Kirby Pearland Management District
c/o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
Re: Beltway 8 Waterline — Construction Phase Services
Lower Kirby Pearland Management District
City of Pearland, Texas
LJA Proposal No. 18-03791C
LJA Job No. 2209-1520C
Dear Mr. Dagley:
LJA Engineering, Inc. (LJA) is pleased to submit this proposal for the following services for the
12 -inch Beltway 8 Waterline from Hooper Road to Kirby Drive to include connection under Kirby
Drive in accordance with the terms and conditions set forth in the Engineering Services
Agreement dated February 6, 2014.
SCOPE OF SERVICES
Phase Description
Fee
Surveying
208 Control Staking $ 2,000
Basic Services
404 TXDOT Submittal Coordination $ 2,000
413 Project Representative $ 10,000
Additional Services
414 Storm Water Pollution Prevention Plan $ 5,000
415 Construction Testing Services $ 5,302
TOTAL $ 24,302
The reimbursable expenses budget will be used for the actual expenses incurred on the project
including bid advertisement, printing, mileage, etc.
0:\PROPOSAL\2018\Lower Kirby Pearland Management District \18-03791 C Beltway 8 Waterline Proposal.docx
Mr. Ron Dagley
November 2, 2018
Page 2 of 2
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. If you should have any questions or require additional information, please do not
hesitate to contact me at 713.953.5096.
Sincerely,
95Q_
James D. Ross, PE
Senior Vice President
J D R/Iw
ACCEPTED FOR: LOWER KIRBY PEARLAND
MANAGEMENT DISTRI
By:
Name:
Title:
Date:
Pies i -at -en
I \ )3 / g
0:\PROPOSAL\2018\Lower Kirby Pearland Management District\18-03791C Beltway 8 Waterline Proposal.docx
EXHIBIT A
—UA Engineering, Inc
PRELIMINARY ENGINEER'S ESTIMATE FOR:
ESTIMATE BY:
ESTIMATE DATE:
LJA JOB NO.
ITEM DESCRIPTION
WATER DISTRIBUTION
1 MOBILIZATION
1 12" PVC WATER PIPE, C-900 DR 18, ALL DEPTHS
2 TRENCHLESS CONSTRUCTION OF 12" WATER PIPE
3 REMOVE PLUG AND CONNECT PROP TO EXIST.
4 FIRE HYDRANT UNIT
5 12" GATE VALVE AND BOX
6 REMOVE AND DISPOSE EXISTING CONCRETE PVMT
7 TRENCH SAFETY SYSTEM, ALL DEPTHS
8 UTILITY SPOILS
9 CAST IRON FITTINGS
SUBTOTAL WATER DISTRIBUTION ITEMS
SWPPP ITEMS
1 REINFORCED FILTER FABRIC FENCE
2 HYDROMULCH SEEDING
3 INLET PROTECTION BARRIERS
4 STORM WATER POLLUTION PREVENTION
5 STABILIZED CONSTRUCTION EXIT
SUBTOTAL SWPPP ITEMS
WATERLINE ESTIMATE SUMMARY
SUBTOTAL WATER DISTRIBUTION ITEMS
SUBTOTAL SWPPP ITEMS
TOTAL CONSTRUCTION AMOUNT
CONTINGENCIES (20%)
ENGINEERING AND TESTING
TOTAL
BELTWAY 8 WATERLINE EXTENSION
FROM HOOPER RD TO KIRBY DR
• CITY OF PEARLAND, HARRIS COUNTY, TX
LOWER KIRBY PEARLAND MANAGEMENT DIST
ANC
9/19/2018
2209-1520
UNIT
UNIT QUANTITY COST
LS
LF
LF
EA
EA
EA
SY
LF
CY
TON
LF
AC
EA
LS
EA
TOTAL COST
COST
1 $ 20,000.00 $
1,575 35.00
175 60.00
2 1,000.00
6 3,150.00
1 2,400.00
75 50.00
1,400 1.00
354 3.00
1 1,000.00
20,000
55,125
10,500
2,000
18,900
2,000
3,750
1,400
1,063
1,000
$ 115,700
1,500 $ 1.50 $ 2,250
1 1,500.00 1,500
7 " 50.00 350
1 1,000.00 1,000
1 1,500.00 1,500
$ 6,600
$ 115,700
6,600
$ 122,300
24,500
50,000
$ 196,800
2929 Briarpark Drive. Suite omzHouston, Texas no42
November 2.2O18
Mr. Ron Dagley -Preaident
Lower. Kirby Pearland Management District
clo AUen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
Re: Beltway 8Waterline — Basic Services
Lower Kirby Pear!and Management District
City of Pearland, Texas
LJA Proposal No. 18'03781
LJA Job No. 2209-1520
PROPOSAL
Dear Mr. Dagley:
LJAEngineering, Inc. (LJA\i�u|GasedtoaUbr0�this proposal for the fo|hJvV�gservices for the
12'iOohB8Kmaox0VVa+e'�`' �from Hooper Road toKirby DhV8tOinclude coDnect�Dunder Kirby
Drive in accordance~with the terms and conditions set forth in the Engineering Services
Agreement dated February 6, 2014.
SCOPE OF SERVICES
Phase Description Fee
Surveying
205 Design Survey 4.400
Basic Services
402 Preliminary Design $ 5'000
403 Final Design $ 10,000
410 Approvals $ 2.000
411 Bidding or Negotiation $ 1.000
412 Construction Phase $ 2.000
Z99 Reimbursable Expenses $ 1'500
TOTAL$ ��'90
The reimbursable expenses budget wiUbe used for the actual expenses incurred on the project
including bid advertisement, printing, mileage, etc.
u, ROPOSAL\ 2018\Lower Kirby Pearland Management oistnmnoau791Beltway uWaterline pmvosomvcx
Mr. Ron Dagley
November 2, 2018
Page2of2
We appreciate the opportunity to submit this proposal and look forward to working with you on
this project. If you should have any questions or require additional information, please do not
hesitate to contact me at 713.953.5096.
Sincerely,
James D. Ross, PE
Senior Vice President
JDR/ew
ACCEPTED FOR: LOWER KIRBY PEARLAND
MANAGEMENT DISTRICT
/1
By:
Name: 0 � � 2
Title: 1 `'e s
Date: R 1`"t /1 O
O:\PROPOSAL12018\Lower Kirby Pearland Management District\1 8-03791 Beltway 8 Waterline Proposal.docx
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