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HomeMy WebLinkAboutR2026-015 20260112RESOLUTION NO. R2026-15 A Resolution of the City Council of the City of Pearland, Texas, amending Texas General Land Office (GLO) contract No. 20-065-106-C288, associated with the City Capital Improvement Drainage Program Projects, in the additional amount of $275,039.12 (total contract of $2,921,186.12). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended GLO contract associated with the City Capital Improvement Drainage Program Projects, 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 an amended GLO contract for design services associated with the City Capital Improvement Drainage Program Projects. PASSED, APPROVED and ADOPTED this the 12th day of January, A.D., 2026. _________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 8098862D-ACFD-4202-B0B4-7CBAE34E5141 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 1 of 1 AMENDMENT NO. 7 TO GLO CONTRACT NO. 20-065-106-C288 1. a. THE GENERAL LAND OFFICE (the “GLO”) and CITY OF PEARLAND (“Subrecipient”), each a “Party” and collectively “the Parties” to GLO Contract No. 20-065-106-C288 (the “Contract”), desire to amend the Contract. WHEREAS, the Parties desire to revise the Performance Statement, Budget, and Benchmarks for Infrastructure Projects to reflect the addition of local funds to the Project Budget and the redistribution of grant funds between Budget line items; and 2. WHEREAS, these revisions will result in no additional encumbrance of CDBG-DR funds; NOW, THEREFORE, the Parties hereby agree as follows: 3. 1. ATTACHMENT A-1 to the Contract, Revised Performance Statement, Budget, and Benchmarks for Infrastructure Projects, is deleted in its entirety and replaced with the Revised Performance Statement, Budget, and Benchmarks for Infrastructure Projects , attached hereto and incorporated herein in its entirety for all purposes as ATTACHMENT A-2. 2. This Amendment shall be effective on June 24, 2024. 3. The terms and conditions of the Contract not amended herein shall remain in force and effect. SIGNATURE PAGE FOLLOWS Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 In P r o c e s s Docusign Envelope ID: 7D0A724A-60AD-4120-B777-58B0E487FFD1 SIGNATURE PAGE FOR AMENDMENT NO. 7 TO GLO CONTRACT NO. 20-065-106-C288 GENERAL LAND OFFICE 12. a. CITY OF PEARLAND b. Jennifer G. Jones c. Name: Chief Clerk and Deputy Land Commissioner d. Title: Date of execution: ________________ e. Date of execution: _______________ OGC ___________ PM ___________ SDD ___________ DGC ___________ GC ___________ DCC ___________ 23. ATTACHED TO THIS AMENDMENT: 24. ATTACHMENT A-2: Revised Performance Statement, Budget, and Benchmarks for Infrastructure Projects Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 In P r o c e s s Docusign Envelope ID: 7D0A724A-60AD-4120-B777-58B0E487FFD1 Trent Epperson 1/14/2026 | 5:31 PM CST City Manager Attachment A-2 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 1 of 3 CITY OF PEARLAND 20-065-106-C288 PERFORMANCE STATEMENT Hurricane Harvey overwhelmed the drainage system of the City of Pearland (Subrecipient). Heavy rainfall caused flooding of homes and streets. Undersized culverts throughout the city prohibited stormwater from draining effectively. This inundated the drainage system and threatened public health, safety, and welfare. Subrecipient will conduct drainage Infrastructure improvements to facilitate proper stormwater conveyance and reduce the impact of future flooding. Subrecipient shall perform the Activities identified herein for the target area specified in its approved Texas Community Development Block Grant Disaster Recovery Supplemental Grant Application to aid areas most impacted by Hurricane Harvey. The persons to benefit from the Activities described herein must receive the prescribed service or benefit, and all eligibility requirements must be met to fulfill contractual obligations. The grant total is $2,657,147.00. Subrecipient will be required to maintain a detailed Budget breakdown in the official system of record of the GLO’s Community Development and Revitalization division (GLO-CDR). Flood and Drainage Facilities Subrecipient shall replace storm sewer culverts, regrade roadside ditches, install outfall ditches with associated pavement repair, and complete associated appurtenances. Construction shall take place at the locations identified in the table below. Flood and Drainage Facilities Location Approximate Lat/Long Proposed HUD Performance Measures Census Tract Block Group Garden Road – East Side From approximately 450 LF north of Butler Road to FM 518/Broadway Midpoint 29.56709722, -95.3207111 5,445 LF 6605.00 5 Garden Road – West Side From approximately 450 LF south of Butler Road to FM 518/Broadway Midpoint 29.56559722, -95.32086667 4,392 LF O’Day Road – East Side From approximately 487 LF north of Dublin Lane to FM 518/Broadway Midpoint 29.56421389, -95.31424167 3,188 LF O’Day Road – West Side From approximately 675 LF north of Butler Road to FM/518/Broadway Midpoint 29.56726111, -95.31452778 5,567 LF Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 In P r o c e s s Docusign Envelope ID: 7D0A724A-60AD-4120-B777-58B0E487FFD1 Attachment A-2 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 2 of 3 These Activities shall benefit two thousand four hundred seventy-five (2,475) persons. Of these persons, one thousand one hundred sixty-five (1,165), or forty-seven and seven tenths percent (47.7%), are of low to moderate income. The City of Pearland was identified by HUD as an FY2019 Exception Grantee (based on 2011-2015 ACS data), reducing its LMI threshold for benefit to 41.77%. Scott Lane – North Side Biddie Wilbur Road to Mykawa Road Midpoint 29.58393056, -95.30166389 4,159 LF 6605.00 2 Scott Lane – South Side Biddie Wilbur Road to Mykawa Road Midpoint 29.58379722, -95.30163056 4,156 LF North Woody Road – East Side From Pearland City Limits (North) to approximately 300 LF north of McHard Road Midpoint 29.58326667, -95.30146944 1,310 LF North Woody Road – West Side From Pearland City Limits (North) to approximately 300 LF north of McHard Road Midpoint 29.58338333, -95.30161389 1,412 LF These Activities shall benefit seven hundred (700) persons. Of these persons, three hundred fifteen (315), or forty-five percent (45.00%), are of low to moderate income. The City of Pearland was identified by HUD as an FY2019 Exception Grantee (based on 2011-2015 ACS data), reducing its LMI threshold for benefit to 41.77%. South Woody Road/Mimosa Acres – West Side From West Orange St to Cherry Street Midpoint 29.56626667, -95.30109722 1,934 LF 6605.00 4 This Activity shall benefit one thousand two hundred fifteen (1,215) persons. Of these persons, three hundred seventy (370), or thirty and forty-five hundredths percent (30.45%) are of low to moderate income. This Activity will meet the Urgent Need National Objective. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 In P r o c e s s Docusign Envelope ID: 7D0A724A-60AD-4120-B777-58B0E487FFD1 Attachment A-2 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 3 of 3 BUDGET HUD Activity Type Grant Award Other Funds Total Rehabilitation/Reconstruction of Public Improvements - LMI $2,480,828.62 $275,039.12¹ $2,755,867.74 Rehabilitation/Reconstruction of Public Improvements - UN $176,318.38 $0.00 $176,318.38 TOTAL $2,657,147.00 $275,039.12¹ $2,932,186.12 ¹ CITY OF PEARLAND GENERAL FUND IN THE AMOUNT OF $275,039.12, TO BE USED TOWARDS CONSTRUCTION. MILESTONES Not-To-Exceed Draw Percentages Milestones Construction Funds Engineering Funds Grant Administration Funds Special Environmental Funds Environmental Funds Acquisition Funds Project Kick-Off Meeting and Start-up Documentation 15% Engineering Contract Executed 30% Environmental Contract Executed 30% 100% Design Approval 60% Special Environmental Report Approval 100% Authority to Use Grant Funds 50% 100% Acquisition Start 100% Bid Advertisement 70% 60% Construction Notice to Proceed 85% 85% 85% As-Built Plans/ COCC/FWCR 100% 100% 95% Grant Completion Report Approval 100% Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 In P r o c e s s Docusign Envelope ID: 7D0A724A-60AD-4120-B777-58B0E487FFD1 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 1 of 1 AMENDMENT NO. 7 TO GLO CONTRACT NO. 20-065-106-C288 1. a. THE GENERAL LAND OFFICE (the “GLO”) and CITY OF PEARLAND (“Subrecipient”), each a “Party” and collectively “the Parties” to GLO Contract No. 20-065-106-C288 (the “Contract”), desire to amend the Contract. WHEREAS, the Parties desire to revise the Performance Statement, Budget, and Benchmarks for Infrastructure Projects to reflect the addition of local funds to the Project Budget and the redistribution of grant funds between Budget line items; and 2. WHEREAS, these revisions will result in no additional encumbrance of CDBG-DR funds; NOW, THEREFORE, the Parties hereby agree as follows: 3. 1. ATTACHMENT A-1 to the Contract, Revised Performance Statement, Budget, and Benchmarks for Infrastructure Projects, is deleted in its entirety and replaced with the Revised Performance Statement, Budget, and Benchmarks for Infrastructure Projects , attached hereto and incorporated herein in its entirety for all purposes as ATTACHMENT A-2. 2. This Amendment shall be effective on June 24, 2024. 3. The terms and conditions of the Contract not amended herein shall remain in force and effect. SIGNATURE PAGE FOLLOWS Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 SIGNATURE PAGE FOR AMENDMENT NO. 7 TO GLO CONTRACT NO. 20-065-106-C288 GENERAL LAND OFFICE 12. a. CITY OF PEARLAND b. Jennifer G. Jones c. Name: Chief Clerk and Deputy Land Commissioner d. Title: Date of execution: ________________ e. Date of execution: _______________ OGC ___________ PM ___________ SDD ___________ DGC ___________ GC ___________ DCC ___________ 23. ATTACHED TO THIS AMENDMENT: 24. ATTACHMENT A-2: Revised Performance Statement, Budget, and Benchmarks for Infrastructure Projects Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 1/21/2026 Kevin Cole Mayor 1/21/2026 Attachment A-2 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 1 of 3 CITY OF PEARLAND 20-065-106-C288 PERFORMANCE STATEMENT Hurricane Harvey overwhelmed the drainage system of the City of Pearland (Subrecipient). Heavy rainfall caused flooding of homes and streets. Undersized culverts throughout the city prohibited stormwater from draining effectively. This inundated the drainage system and threatened public health, safety, and welfare. Subrecipient will conduct drainage Infrastructure improvements to facilitate proper stormwater conveyance and reduce the impact of future flooding. Subrecipient shall perform the Activities identified herein for the target area specified in its approved Texas Community Development Block Grant Disaster Recovery Supplemental Grant Application to aid areas most impacted by Hurricane Harvey. The persons to benefit from the Activities described herein must receive the prescribed service or benefit, and all eligibility requirements must be met to fulfill contractual obligations. The grant total is $2,657,147.00. Subrecipient will be required to maintain a detailed Budget breakdown in the official system of record of the GLO’s Community Development and Revitalization division (GLO-CDR). Flood and Drainage Facilities Subrecipient shall replace storm sewer culverts, regrade roadside ditches, install outfall ditches with associated pavement repair, and complete associated appurtenances. Construction shall take place at the locations identified in the table below. Flood and Drainage Facilities Location Approximate Lat/Long Proposed HUD Performance Measures Census Tract Block Group Garden Road – East Side From approximately 450 LF north of Butler Road to FM 518/Broadway Midpoint 29.56709722, -95.3207111 5,445 LF 6605.00 5 Garden Road – West Side From approximately 450 LF south of Butler Road to FM 518/Broadway Midpoint 29.56559722, -95.32086667 4,392 LF O’Day Road – East Side From approximately 487 LF north of Dublin Lane to FM 518/Broadway Midpoint 29.56421389, -95.31424167 3,188 LF O’Day Road – West Side From approximately 675 LF north of Butler Road to FM/518/Broadway Midpoint 29.56726111, -95.31452778 5,567 LF Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 Attachment A-2 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 2 of 3 These Activities shall benefit two thousand four hundred seventy-five (2,475) persons. Of these persons, one thousand one hundred sixty-five (1,165), or forty-seven and seven tenths percent (47.7%), are of low to moderate income. The City of Pearland was identified by HUD as an FY2019 Exception Grantee (based on 2011-2015 ACS data), reducing its LMI threshold for benefit to 41.77%. Scott Lane – North Side Biddie Wilbur Road to Mykawa Road Midpoint 29.58393056, -95.30166389 4,159 LF 6605.00 2 Scott Lane – South Side Biddie Wilbur Road to Mykawa Road Midpoint 29.58379722, -95.30163056 4,156 LF North Woody Road – East Side From Pearland City Limits (North) to approximately 300 LF north of McHard Road Midpoint 29.58326667, -95.30146944 1,310 LF North Woody Road – West Side From Pearland City Limits (North) to approximately 300 LF north of McHard Road Midpoint 29.58338333, -95.30161389 1,412 LF These Activities shall benefit seven hundred (700) persons. Of these persons, three hundred fifteen (315), or forty-five percent (45.00%), are of low to moderate income. The City of Pearland was identified by HUD as an FY2019 Exception Grantee (based on 2011-2015 ACS data), reducing its LMI threshold for benefit to 41.77%. South Woody Road/Mimosa Acres – West Side From West Orange St to Cherry Street Midpoint 29.56626667, -95.30109722 1,934 LF 6605.00 4 This Activity shall benefit one thousand two hundred fifteen (1,215) persons. Of these persons, three hundred seventy (370), or thirty and forty-five hundredths percent (30.45%) are of low to moderate income. This Activity will meet the Urgent Need National Objective. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 Attachment A-2 Amendment No. 7 GLO Contract No. 20-065-106-C288 Page 3 of 3 BUDGET HUD Activity Type Grant Award Other Funds Total Rehabilitation/Reconstruction of Public Improvements - LMI $2,480,828.62 $275,039.12¹ $2,755,867.74 Rehabilitation/Reconstruction of Public Improvements - UN $176,318.38 $0.00 $176,318.38 TOTAL $2,657,147.00 $275,039.12¹ $2,932,186.12 ¹ CITY OF PEARLAND GENERAL FUND IN THE AMOUNT OF $275,039.12, TO BE USED TOWARDS CONSTRUCTION. MILESTONES Not-To-Exceed Draw Percentages Milestones Construction Funds Engineering Funds Grant Administration Funds Special Environmental Funds Environmental Funds Acquisition Funds Project Kick-Off Meeting and Start-up Documentation 15% Engineering Contract Executed 30% Environmental Contract Executed 30% 100% Design Approval 60% Special Environmental Report Approval 100% Authority to Use Grant Funds 50% 100% Acquisition Start 100% Bid Advertisement 70% 60% Construction Notice to Proceed 85% 85% 85% As-Built Plans/ COCC/FWCR 100% 100% 95% Grant Completion Report Approval 100% Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 November 24, 2025 Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8COAF25 City- of Pearland Kevin Cole 3519 Liberty Drive Pearland Texas 77581 Tel: 28L652.1780 kcalepearlandtx_gov Sierra N Gonzales Grant Manager Community Development & Revitalization Texas General Land Office 1700 Congress Ave_ Austin_ TX 78701-1495 RE: Request for Contract Modification - Contract #20-065-106-C288 Dear Sierra: The City of Pearland (hereinafter referred to as City) is currently a subrecipient of CDBG-DR finds allocated in response to 2.017 Hurricane Harvey via contract #20`065-106-O288 (Infrastructure). This program provides funding and support for activities involving the following: Contract No. 20-065-106-O288 Item Infrastructure Contract Execution 26 -Apr -20 Contract Expiration 31 -Dec -25 Contract Amount $2,657,147 The City is requesting a modification of the contract to include $275,039.12. oflocal funds for the completion of the construction portion of the contract This amendment is necessary because the costs incurred exceeded the amount of funds obligated through HUD funding_ In addition to this, we are requesting to modify the budget to reflect the costs incurred per project as they were actually incurred. The increase in costs was due to the cost of work coining in above what was initially estimated and obligated during the project formulation stage_ This was because when proposa s for the work were received, the lowest vendor was still in excess of the amount obligated for construction. The actual work came in significantly under budget but was still more than the amount obligated Further, during review of the costs incurred, it was noted that the actual costs and budgeted costs had underruns and overruns. The most significant of these. outside of the construction process, was related to the environmental review. This was due to a wetland delineation study which was Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 required as part of this project_ As part of this budget modification, we would also like to reallocate these costs to reflect the actual expenditures incurred. The construction work is complete at this point and the local funds are available through our HUD CDBG allocation. Summary- of Request The City is requesting an adjustment to the contract to include $275,039.12 of local funds as well as a reallocation of budgeted costs to reflect the actual costs incurred. The City strongly believes this project is critical to our compendium of growing flood protection assets, and we are anxious to completed the closeout process as soon as possible. I am available for further discussion, additional planning activities related to the request, and can also clarify on any missing or unclear items needed to help foster the approval. Please contact me directly at kcaleipearlandtL.gov if needed. Thank you, Kevin Coln, Mayor City of Pearland Project Name or Site Name CDBG-Construction Other Funds- Construction CDBG-Engineering Other Funds- Engineering CDBG-Acquisition Other Funds- Acquisition CDBG-Environmental Other Funds- Environmental CDBG-Administration Other Funds- Administration CDBG Total Other Funds Total Overall Total GLO17-10339-P - Garden Road 1,011,987.00$ $139,257.00 $4,810.00 $66,587.00 1,222,641.00$ -$ 1,222,641.00$ GLO17-10340-P - Brookland Acres $933,916.00 $133,382.00 $4,810.00 $62,405.00 1,134,513.00$ -$ 1,134,513.00$ GLO17-10341-P - Woody Road 251,810.00$ 27,368.00$ 4,810.00$ 16,005.00$ 299,993.00$ -$ 299,993.00$ GLO17-10339-P - Garden Road 579,458.55$ 275,039.12$ 14,148.69$ 6,042.92$ (48,669.67)$ 275,039.12$ 826,019.61$ GLO17-10340-P - Brookland Acres (359,821.20)$ (17,158.39)$ 2,050.00$ (52,376.28)$ (427,305.87)$ -$ (427,305.87)$ GLO17-10341-P - Woody Road (125,896.00)$ 7,074.52$ (902.09)$ (3,951.05)$ -$ (123,674.62)$ -$ -$ GLO17-10339-P - Garden Road 1,591,445.55$ 275,039.12$ 153,405.69$ -$ -$ -$ 10,852.92$ -$ 17,917.33$ -$ 275,039.12$ 2,048,660.61$ GLO17-10340-P - Brookland Acres 574,094.80$ -$ 116,223.61$ -$ -$ -$ 6,860.00$ -$ 10,028.72$ -$ 707,207.13$ -$ 707,207.13$ GLO17-10341-P - Woody Road 125,914.00$ -$ 34,442.52$ -$ -$ -$ 3,907.91$ -$ 12,053.95$ -$ 176,318.38$ -$ 176,318.38$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Indicate the Necessary Changes Below Flood and Drainage Flood and Drainage Flood and Drainage Flood and Drainage Flood and Drainage Flood and Drainage Enter the Current TIGR Budget Below (by associated TIGR project name or site name) Activity Type Flood and Drainage Texas General Land Office Community Development and Revitalization CDBG-DR/MIT Budget Request Activity Type Activity Type City of Pearland Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25 RESOLUTION NO. R2025-199 A Resolution of the City Council of the City of Pearland, Texas, amending Texas General Land Office (GLO) contract No. 20-065-106-C288, associated with the City Capital Improvement Drainage Program Projects, in the additional amount of $275,039.12 (total contract of $2,921,186.12). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain amended GLO contract associated with the City Capital Improvement Drainage Program Projects, 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 an amended GLO contract for design services associated with the City Capital Improvement Drainage Program Projects. PASSED, APPROVED and ADOPTED this the 8th day of December, 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: A0AAB172-A93E-423D-95AD-FDAA31EED216Docusign Envelope ID: 7ABF7520-D609-4559-B64E-A4CAD8C0AF25