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Home My WebLink AboutR2025-176 20251013RESOLUTION NO. R2025-176 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 between the City and the Pearland Economic Development Corporation and authorizing a Letter Finance Agreement with the Lower Kirby Pearland Management District associated with the Kirby North Lift Station Expansion Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. 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 “A” and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That certain Letter Finance Agreement with the Lower Kirby Pearland Management District, a copy of which is attached hereto or Exhibit “B” and made a part here of, is hereby approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Reimbursement Agreement and Letter Finance Agreement associated with the Kirby North Lift Station Expansion Project. PASSED, APPROVED and ADOPTED this the 13th day of October, A.D., 2025. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 13C27D12-C62F-4959-8065-FE2303A115F2 REIMBURSEMENT AGREEMENT KIRBY NORTH LIFT STATION DESIGN This Agreement is entered into this 1 �j day of 064-06‘2025, 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 have approved the Pearland Prosperity Strategic Plan which includes strategies to support continued investments in maintaining and/or updating Pearland's existing infrastructure and to ensure development sites are supported by best-in-class infrastructure, and WHEREAS, the City and PEDC desire the rehabilitation and expansion of the City's Kirby North Lift Station (hereinafter"Improvements"), and WHEREAS, the Improvements represent an infrastructure project located within the boundaries of the Lower Kirby Pearland Management District ("LKPMD"), and WHEREAS, the LKPMD will contract for the engineering design of the 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 the engineering design costs for the Improvements, and WHEREAS, the City can receive eligible reimbursements from the LKPMD for the costs associated with the engineering design, and WHEREAS, PEDC conducted a public hearing as 'required and approved funding the engineering design costs for the City at its September 25, 2025 Board of Directors' meeting, and WHEREAS, City and PEDC desire an agreement to set forth their respective responsibilities regarding the engineering design of the Improvements and reimbursement of said costs 1 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 LKPMD, subject to the contingencies contained in Section 3 below, will be responsible for designing the Improvements more accurately described in Exhibit "A" attached hereto 2 The total cost of the engineering design is estimated to be $510,000, as itemized in Exhibit "A" PEDC shall fund an amount equal to the actual cost of the engineering design ("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 engineering design 3 This Agreement shall be contingent upon the City and LKPMD entering into a Financing Agreement with LKPMD whereby City agrees to pre-finance LKPMD's engineering design expenses for the Improvements in return for LKPMD's agreement to reimburse said expenses ("Reimbursable Fund Payment") Within 90 days following City's receipt of a Reimbursable Fund Payment from LKPMD that is attributable to the design, City shall make payment to PEDC, in an amount equal to the Reimbursable Fund Payment, as reimbursement for the PEDC Participation Amount. 4 The initial term of this Agreement shall be for a period of five (5) years, commencing on the )'3 day of CI comic-Y , 2025, and may be renewed as needed until the Improvements are substantially complete 5 This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties 4 Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction 5 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. 6 This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas 2 7 To accomplish execution of this Agreement, it may be executed in multiple counterparts 8 The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas 9 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• City of Pearland Attn Trent Epperson, City Manager 3519 Liberty Drive Pearland, TX 77581 If to PEDC 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 non-profit corporation o� By Ci Michi Bruns-Clay Chair CITY OF PEARLAND, a Texas icipal corporation By. Tren Epper n City Manager ATTEST. (6P—' Fran es Aguilar City ecretary ,,,,%tllllII,,,,, ' ','', ```` ,„#, #1 ill1111 l l l l l i 111111...,` `� / 4 EXHIBIT A Kirby North Lift Station Improvements Engineering design of the Kirby North Lift Station (LS #68) Improvements will include the construction of a new triplex lift station with a 16-ft diameter concrete wet well, submersible pumps, above ground piping and valve pad, emergency stand-by generator, control cabinets, and approximately 1,800 linear feet of 16-inch force main, as well as the demolition of the existing lift station and abandonment of the existing force main The lift station will be sized at a firm capacity of 4 70 MGD Engineering Design Services Preliminary and Design Phase $ 440,000' Topographic Surveys , $ 35,000 Geotechnical Investigation $ 25,000 Reimbursable Expenses $ 10,000 TOTAL $ 510,000 5 I Exhibit B LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 September 17, 2025 Mr Trent Epperson City Manager City of Pearland,Texas 3519 Liberty Drive Pearland,TX 77581 Re: Financing of design for the Kirby Drive north lift station expansion and rehabilitation project Dear Mr Epperson. Lower Kirby Pearland Management District (the "District") and the City of Pearland,Texas (the"City") entered into a Financing Agreement(the"Agreement")dated March 10, 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 design for the Kirby Drive north lift station expansion and rehabilitation project (the "Project) in accordance with the Agreement. The City will make all payments related to the Project, which are estimated to be$510,000 00, as shown in the estimated Project budget,attached hereto as Exhibit"A", and the District agrees to reimburse the City for actual costs of the Project pursuant to the terms of the Agreement. [EXECUTION PAGE FOLLOWS] nnnc 7441 vwn I This letter financing agreement was duly authorized at a meeting of the Board of Directors of the District held on the 17th day of September,2025. Very truly yours, LOWER KIRBY PEARLAND MANAGEMENT DISTRICT By Vice President,Board of Directors AGREED TO AND ACCEPTED this /d r4day of aG ,2025 City of Pearland,Texas By City M er donr-7f.41_777n.,1 EXHIBIT °A" 713.450.1300 TBPELS F-1386 TBPELS 10110501 www.LJA.com 11821 East Freeway,Suite 360,Houston,Texas 77029 September 5, 2025 Lower Kirby Pearland Management District do Allen Boone Humphries Robinson LLP Phoenix Tower 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 Re Proposal for Design and Construction Related Services for the Kirby North Lift Station (LS #68) Project for the City of Pearland LJA Proposal No 25-48879 LJA Engineering, Inc. (LJA) is pleased to submit this proposal to provide design and construction related services associated with the Kirby North Lift Station (LS #68) Project for the City of Pearland The proposed improvements include the construction of a new triplex lift station with a 16- ft diameter concrete wet well,submersible pumps, above ground piping and valve pad,emergency stand-by generator, control cabinets, and approximately 1,800 linear feet of 16-inch force main, as well as the demolition of the existing lift station and abandonment of the existing force main The proposed improvements are associated with the existing City of Pearland lift station south of the Kirby Drive/Fruge Road intersection and are based on recommendations of the Lower Kirby Water Improvements study prepared by Freese and Nichols. The lift station will be sized at a firm capacity of 4 70 MGD This proposal does not include any acquisition of any additional property or easements We propose the following services and corresponding fees for the project.We propose the following services and corresponding fees in accordance with the terms and conditions of the Agreement for Professional Services entered into on February 6, 2014 by and between LJA and Lower Kirby Pearland Management District SCOPE OF SERVICES A. Preliminary and Design Phase 1 Attend Preliminary Conference with the City and other interested parties regarding the project. 2 Review all reports/plans regarding the existing lift station and force main 3 Establish the scope of any topographical surveys and geotechnical investigations which, in the opinion of the Engineer, may be required 4 Prepare preliminary structural, electrical, mechanical, and civil design plans for review by and discussions with City personnel 5 Prepare detailed specifications, contract documents, and contract drawings 6 Submit final contract specifications and drawings to the required agencies for review and approval Lower Kirby Pearland Management District c/o Allen Boone Humphries Robinson LLP September 5, 2025 Page 2 of 3 B Additional Services 1 Topographical Surveys Provide field surveys of existing structures, lines, site conditions, and other features required for the preparation of final construction plans 2 Geotechnical Investigations Provide field investigation of the geotechnical conditions to determine design Determine ground water conditions and need for dewatering during construction 3 Reimbursable Expenses. Actual reimbursable expenses include advertising, reproduction, deliveries, travel/mileage, printing, permit fees, filing fees, and recording fees 4 It is our understanding that the City does not need Environmental Site Assessment Services, therefore these services are not included in the scope of this proposal 5 It is our understanding that the City does not need Floodway Studies, therefore these services are not included in the scope of this proposal 6 It is our understanding that Bidding and Construction Phase Services are not included in the scope for this project, therefore Bidding and Construction Related Services such as Testing, Project Representative, and Record Drawings services are not included in this proposal. A future proposal will be provided for Construction Phase Services upon request. BASIS OF COMPENSATION For the accomplishment of the above tasks and additional services, we propose that our compensation be based on the Scope of Services for each Phase and include a combination of Lump Sum Fees and Estimated Fees (time and materials —not to exceed without prior authorization) CURRENT AUTHORIZATION Basic Services Phase Description Contract Type FEE 903 Preliminary and Design Phase Lump Sum $ 440,000 00 Sub-Total Basic Services $ 440,000 00 Additional Services Phase Description Contract Type FEE 925 Topographic Surveys Lump Sum $ 35,000 00 926 Geotechnical Investigation T&M $ 25,000 00 Z99 Reimbursable Expenses T&M $ 10,000 00 Sub-Total Additional Services $ 70,000.00 TOTAL CURRENT AUTHORIZATION $ 510,000 00 C:\Users\machapa\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\53T09Q2B\City of Pearland-Assignment Letter-Kirby North Lift Station.docx Lower Kirby Pearland Management District c/o Allen Boone Humphries Robinson LLP September 5, 2025 Page 4 of 4 If the above Scope of Services and Basis of Compensation are satisfactory to you, LJA will consider your acceptance in the space provided below as our authorization to proceed Your signature will be sufficient authorization to immediately commence the stated work. On behalf of the project team, LJA appreciates this opportunity to provide Professional Engineering Services on this important project. Please do not hesitate to contact me should you have any questions or need additional information at 713.657 6013 or jflowers@lia.com. Sincerely, Proposal Accepted By' LOWER KIRBY PEARLAND MANAGEMENT DISTRICT Jimmy C Flowers, PE By' Vice President � Name /`//��o c.5 S gte+lawcf JCF/msc Date q/ &/2-0 Enclosure (s) https://Ijaeng-my.sharepointcom/personal/machapa_Ija_com/Documents/City of Pearland-Assignment Letter-Kirby North Lift Station.docx CITY OF PEARLAND WASTEWATER CIP PROJECTS -2025 KIRBY NORTH LIFT STATION REPLACEMENT AND EXPANSION TO 4.70 MGD(ONE SHOT)-OPTION D Item No. Quantitiy Unit Description Unit Cost Total Cost 1 1 LS Mobilization(Not More than 5%of Base Bid Amount) $250,000.00 $250,000.00 2 1,800 LF 16"Sanitary Force Main $300.00 $540,000.00 3 250 EA 30"Boring and Casing Under Clear Creek $1,800.00 $450,000.00 4 1 EA Connect Prop.Sanitary Force Main to Exist.Sanitary Manhole $5,000.00 $5,000.00 5 1 LS Bypass Pumping for Flow Transfer $25,000.00 $25,000.00 6 1 LS LS Demolition&Removal of Exist.Mechanical&Electrical Equipment $150,000.00 $150,000.00 7 1 LS Concrete Wet Well,16-Feet Inside Diameter $2,000,000.00 $2,000,000.00 8 1 LS Submersible Pumps(2),Guide Rails(3),Base Ell(3),Hatches(3),etc. ' $350,000.00 $350,000.00 9 1 LS Lift Station&Valve Pad Yard Piping,Valves,Supports,etc. $250,000.00 $250,000.00 10 1 LS Electrical System Installation $300,000.00 $300,000.00 11 1 LS SCADA and Control System Installation $50,000.00 $50,000.00 12 1 LS Emergency Diesel Generator $500,000.00 $500,000.00 13 450 SY 7"Thick Reinforced Concrete Site Paving $150.00 $67,500.00 14 450 LF 8-Feet Tall Chain Link Fence,Commercial Black Vinyl $200.00 $90,000.00 15 1,550 LF Trench Safety System $5.00 $7,750.00 16 0.5 AC Turf Establishment,Hydro-mulch Seeding $5,000.00 $2,500.00 17 600 SY Pavement Repair $150.00 $90,000.00 18 1 EA Traffic Control as Necessary $10,000.00 $10,000.00 19 1 LS SWPPP-Installed,Maintained,&Removed $5,000.00 $5,000.00 Supplemen'tary Items 20 40 LF "Extra"Well Point Dewatering System $50.00 $2,000.00 21 1,000 CY "Extra"Bedding and Backfill for Wet Sand Construction $10.00 $10,000.00 22 100 CY "Extra"Bank Sand $10.00 $1,000.00 23 50 CY "Extra"Crushed Limestone $25.00 $1,250.00 24 10 TON "Extra"Cement Stabilized Sand,2.0 Sacks per Ton $30.00 $300.00 25 25 CY "Extra"Class A Concrete $100.00 $2,500.00 26 500 LB "Extra"Reinforcing Steel $1.00 $500.00 27 500 TON "Extra"Crushed Concrete,1"to 2"Gradation $18.00 $9,000.00 28 1,000 SY "Extra"Turf Establishment,Full Sodding $3.00 $3,000.00 SubTotal Estimated Construction Cost $5,172,300.00 Contingency(20%) $1,034,460.00 Opinion Probable Construction Cost $6,206,760.00 Basic Engineering Fees $550,000.00 Preliminary and Design Phase(80%) $440,000.00 Bidding Phase(5%) $27,500.00 Construction Phase(15%) $82,500.00 Additional Services Fees $205,000.00 Project Survey $35,000.00 Geotechnical Investigation $25,000.00 Construction Materials Testing $40,000.00 Project Representation $90,000.00 Record Drawings $5,000.00 Reimbursable Expenses $10,000.00 Total Estimated Engineering 8,Additional Service Fees $755,000.00 Opinion of Total Probable Project Cost $6,961,760.00 9/5/2025 LJA Engineering,Inc. City of Pearland-Cost Estimate Kirby N LS Expansion