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Published by smcdowell, 2019-10-21 15:23:50

October Board Meeting Documents

October Board Meeting Documents

PASADENA ECONOMIC DEVELOPMENT CORPORATION
1149 Ellsworth Drive
Pasadena, TX 77506

PASADENA ECONOMIC DEVELOPMENT CORPORATION
NOTICE

TAKE NOTICE that the Board of Directors (“the Board”) of the Pasadena Economic
Development Corporation will hold a Pre-Board meeting at 3:00 p.m. and a Board meeting
immediately following the Pre-Board Meeting, in the Pre-Council Conference Room, 1149
Ellsworth Drive, Pasadena, Texas, on Thursday, October 24, 2019. At such meeting, the Board
will consider the following matters:

BOARD MEETING AGENDA

1. Call to order.

2. Invocation.

3. Pledges of Allegiance.

4. Consideration of approval of minutes from the meeting held on September 26,
2019.

5. Public Comments.

6. Financial Status Report by Tammy Lehew from the City Controller’s Office.

7. Project Status Update from Robin Green, Director of Public Works.

8. Report by Executive Director.

9. Board Actions – Resolutions.

a. Consideration to approve the Financial Report of Investment Activities for the
Fiscal Quarter ended September 30, 2019.

b. Consideration to authorize Staff to negotiate and execute a Professional
Services Agreement with HR Green, Inc. for Bid, Construction Phase and
Additional Services of the Bay Area Industrial Park Wastewater Lift Station and
Forcemain Improvements (CIP WW063) as part of Utility Development Project
(CIP M018) in the amount of $202,810.00.

c. Consideration to approve the acceptance of funds from Nestle Waters North
America in the amount of $50,000.00 for the Bay Area Industrial Park
Wastewater Lift Station and Forcemain Improvement Project (CIP WW063).

PEDC Meeting Agenda: 10/24/2019 1 of 2

d. Consideration to approve the acceptance of funds from Johnson Development
Associates, Inc. in the amount of $50,000.00 for the Bay Area Industrial Park
Wastewater Lift Station and Forcemain Improvements Project (CIP WW063).

e. Consideration to approve a sponsorship of the Silver Sycamore Hometown
Holidays and Trail of Lights event in the amount of $15,000.00.

f. Consideration to approve funding in the amount not to exceed $150,000.00
for costs associated with the Fiscal Impact Analysis, a component of the City-
wide Strategic Plan.

10. Comments by Board Members.

11. Executive Session.

a. Convene in executive session pursuant to Section 551.087, Texas Government
Code to deliberate regarding economic development negotiations for Business
Attraction/Retention Projects.

b. Convene in executive session pursuant to Section 551.072, Texas Government
Code to deliberate the purchase, exchange, lease or value of real property –
Project #1902.

12. Reconvene Into Regular Session.
The Board will reconvene into Regular Session, pursuant to the provisions of
Chapter 551 of the Texas Government Code, to take any action necessary
regarding:

a. Deliberation regarding economic development negotiations for Business
Attraction/Retention Projects.

b. Deliberation regarding real property – Project #1902.

13. Adjournment.

PEDC Meeting Agenda: 10/24/2019 2 of 2

PASADENA ECONOMIC DEVELOPMENT CORPORATION

Pre-Board Meeting

Conducted in the Pre-Council Conference Room at City Hall

September 26, 2019, 3:07 p.m.

Minutes

Members present: Members Absent:
Steve Cote, President Marilyn Wilkins, Treasurer
Rick Lord, Vice President
Emilio Carmona, Secretary
Ernesto Paredes
Salvador Serrano, Jr.
Steve Phelps

Others Present:
Jeff Moore, Brown & Hofmeister, LLP (via conference call)
Carlos Guzman, Pasadena EDC Executive Director
Rick Guerrero, Pasadena EDC Manager
Suzette McDowell, Pasadena EDC Marketing Manager
Sheena Salvino, Pasadena EDC Redevelopment Manager
Ana Espinoza, Public Works
Karina Tomlinson, PEDC Assistant Secretary

Call to Order
The Pre-Board meeting for the September 26, 2019 Pasadena Economic Development
Corporation was called to order at 3:07 p.m. by President, Steve Cote.

8 a) Consideration to authorize Staff to negotiate and execute a contract with Freese and
Nichols, Inc. in the amount of $90,000.00 for landscape architectural services for the
design of Gateway Monument Signs. (CIP #S074)
 Carlos provided some background and stated this contract is to enhance the sign
on 225 near Richey. Another component of this contract is the possibility of
adding up to 4 other monuments throughout the city. Steve Cote asked how tall
we could make the one on 225 to which Bryan responded that because it is
within TX Dot right of way and in response to some of the things done in
Memorial City at Stafford, TX Dot has limited the height to 25’ as measured at
the curb as well as some other requirements.

b) Consideration to authorize Staff to negotiate and execute a Letter of Engagement
with Masterson Advisors LLC.

PEDC Meeting Minutes: 9/26/2019 1 of 6

 Carlos stated that they were brought in to provide support for the City
Controller’s Office in the task to have a TIRZ approved for the North side of
Pasadena. Tina Arias Peterman introduced herself and provided background on
the company and their experience.

Pre-Board meeting Adjourned at 3:14 pm.

PEDC Meeting Minutes: 9/26/2019 2 of 6

PASADENA ECONOMIC DEVELOPMENT CORPORATION
Board Meeting

Conducted in the Pre-Council Conference Room at City Hall
September 26, 2019, 3:14 p.m.
Minutes

Agenda Item One: Call to order, roll call.
The Board meeting on September 26, 2019 for Pasadena Economic Development Corporation
was called to order at 3:14 pm by President, Steve Cote.

Agenda Item Two: Invocation.
Invocation given Ernesto Paredes.

Agenda Item Three: Pledge of Allegiance.
Pledges led by Rick Lord, Vice President.

Agenda Item Four: Approval of Minutes
Board President, Steve Cote called for a motion to approve the minutes from the meeting held
on August 22, 2019. Rick Lord moved to approve the minutes seconded by Ernesto Paredes,
MOTION CARRIED UNANIMOUS.

Agenda Item Five: Public Comments
No comments made by those in attendance.

Agenda Item Six: Project Status Update from Robin Green, Director of Public Works (provided
by Ana Espinoza)
Utility Development: Contractor still working on section repairs on Red Bluff North of Spencer
and has begun paving replacement along Bayshore Hospital. Work continues on the drainage
project on Burke and Crenshaw. Bank Building: just cleaning up. Richey: 75% done with project;
100% done on waterline work, almost done with sanitary sewer and storm sewer and they are
paving between Harris and Jackson. Shaw Street: Currently sorting out conflicts with AT&T and
Harris County, which has delayed preconstruction, but we expect to begin before the end of the
year. Traffic Mobility Improvements: Contractor has completed bores on all sites and currently
working on installing conduit and pull boxes. Will be working on drill shafts next once steel
submittal is approved by City. Fairmont Phase III: Working on services and cleanup.

Agenda Item Seven: Report by Executive Director.
Carlos started by pointing out the activity report in everyone’s binders covering the month’s
activities by Staff. He also noted that information regarding IMPACT Pasadena for 2020 was
passed around. Cristina Womack added some comments and also pointed out the quarterly
report available in the binders as well. She stated graduation for the current class is at the Annual
Gala and she invited the Board to attend as well as to encourage applicants for the new class.
Carlos introduced an interview regarding the old Post Office and Shaw St. that was presented by

PEDC Meeting Minutes: 9/26/2019 3 of 6

one of the local Houston channels. Carlos went through some of the activities that were attended
by Staff as well as some Board Members. There was a quick update given and some pictures
shown of the property where the old bank building was demolished. He reminded the board that
there are 2 more meetings left in the year and provided some updates regarding initiatives that
Staff has been working on. First is the TIRZ that we hope to have Masterson come on board and
talk about doing something for Historic Pasadena. We hope to do a council workshop sometime
in October and approval sometime before the end of the year. This will give us some of the tools
to really start focusing on some of the improvements this part of town needs. To leverage some
of the things done with Clark Condon on Pasadena Blvd., some of the things in the Shaw area and
capture a little bit of Red Bluff. There’s a lot of things going on and this is something we’re excited
to be working on with staff to bring to Council for consideration before the end of the year.
Richey Road Phase II was something approved at the previous meeting and it’s the area south of
Southmore down to South Houston. We’re thinking of doing some sidewalks, some lighting,
some landscaping and there is still some other opportunities where we still need to go out and
talk to business owners because we want to make sure there is input from them and they are
supportive of this. There is a good chance that we will have something to approve for some
construction design before the end of the year. Red Bluff is one of the major corridors as pointed
out in the Strategic Plan and now that we have a redevelopment program up and running, we
want to redo a major thoroughfare. Pasadena Blvd. is a perfect example. We came toward the
end and hired Clark Condon to do some work that should be done upfront that was never done.
Now we want to do an RFQ and we’re still doing our due diligence to see when is the right time
to do the RFQ to look at redoing Red Bluff from 225 down to Spencer as that is the City portion.
Once you go South of Spencer that is a County portion. Obviously it’s a big project, there are
some things we are looking to do to make sure that when we do a design or re-design of a road
that we have community input because we don’t want to design a road that some of the residents
may not be happy with. And how do we make sure to maximize our investment. We’ll be coming
back to the board before the end of the year. It’s a big project with multiple phases and we can’t
do it by ourselves. There are some restrictions; anything that is not commercial, if there is
residential or anything like that there are restrictions with funding so we will need to work with
the City. We think it’ll be about 10% of the total project cost and the EDC may pick up the
remaining portion. This is all dependent on the TIRZ and how that happens and some other things
going on with the budget. This is a long term project but we had to take the first step so for now
we will probably start at 225 working south on Red Bluff which needs a lot of help right now and
it would also be part of the TIRZ. Again, from a Strategic Plan justification, section 6.4 which is to
work with the City to upgrade the visual appeal along major commercial corridors, we’re
targeting the 4th quarter for the RFQ. The timing of when we actually do it will be dependent on
the TIRZ. If we happen to get a TIRZ we will have more flexibility as far as what we can do and if
we don’t get it we need to reassess how fast we can move on this project. Sheena will be
explaining the next section regarding the City’s Strategic Plan that Council just approved. Sheena
commented that Council voted unanimously to approve a Strategic Plan and Fiscal Impact
Analysis for the City. She noted the last plan put together was in 1996 through the RUDAT process
and then the Blueprint came out from it. So it’s been 25 years and a long time coming.
Fundamentally, we want to create wealth for the City whether it’s the City through tax dollars or
households through salary and income to businesses through sales, that’s how we’re doing this.
So by supporting the strategic plan and fiscal impact analysis it helps us determine efficiently
where we can start redevelopment. In the PEDC plan we talk about the goals but don’t define

PEDC Meeting Minutes: 9/26/2019 4 of 6

the how and the what of what we’re going to be doing about redevelopment projects. For
example it says corridor redevelopment, but we can’t know exactly what that is without having
some community input and creating master plans for those corridors. So some items not covered
in the EDC plan that will be covered in the City’s strategic plan are land use strategy, mobility and
connectivity, housing and neighborhoods, community character, environment, hazard
mitigation, those kinds of things are all covered. This will leverage some of the existing and
upcoming studies such as the Parks & Rec plan, our EDC plan and livable centers which just kicked
off. Carlos added some comments about how our population growth is leveling off and when
that happens, the revenue cost starts leveling off and the service costs go up because there is
older infrastructure and it costs more to fix. What we’re trying to do is bring more revenue and
population to make it more sustainable for the city long term. Again, benefits of a fiscal analysis
– efficiency is one thing, strategic long term planning and budgeting it helps the city understand
the impact a certain land use decision could have in terms of tax dollars and services. Giving the
city the tools to make decision about land use development and strategies for development is
what we want to be able to do. So providing the city with the tools to prioritize projects and
services that it wants to. This just creates efficiency for all of our agencies and provides a path
moving forward. Carlos continued the presentation providing the Board with some information
regarding upcoming events and asked that if any Board member is interested in attending to let
Staff know.

Agenda Item Eight: Board Actions - Resolutions.

a. PEDC RESOLUTION 19-029 – Consideration to authorize Staff to negotiate and
execute a contract with Freese and Nichols, Inc. in the amount of $90,000.00 for
landscape architectural services for the design of Gateway Monument Signs. (CIP
#S074).

Salvador Serrano made a motion to authorize Staff to negotiate and execute a
contract with Freese and Nichols, subject to legal review and comment, seconded by
Emilio Carmona that PEDC Resolution 19-029 be passed, approved and adopted.
MOTION CARRIED UNANIMOUS.

b. PEDC RESOLUTION 19-030 – Consideration to authorize Staff to negotiate and
execute a Letter of Engagement with Masterson Advisors LLC.

Ernesto Paredes made a motion to authorize Staff to negotiate and execute a Letter
of Engagement, subject to legal review and comment, seconded by Rick Lord that
PEDC Resolution 19-030 be passed, approved and adopted. MOTION CARRIED
UNANIMOUS.

 Rick Lord asked if this was just establishing a relationship and if the details of
the TIRZ were separate. Carlos responded that if City Council chooses to
approve a TIRZ, then at that point something completely different kicks in
that is not Masterson. This is a financial analysis. Steve Cote added that this
is just so that everyone feels comfortable from a financial standpoint. Rick
asked if our legal counsel has reviewed the letter and if everything looks

PEDC Meeting Minutes: 9/26/2019 5 of 6

good to which Jeff Moore responded that he has looked over it and it is
good.

Agenda Item Nine: Comments by Board Members.
Rick Lord – No comment.
Salvador Serrano, Jr. – Asked for applicants to the IMPACT program and stated that even though
he’s lived in Pasadena his whole life he’s learned a lot about it’s history, what economic growth
is needed and hidden treasures. He stated every industry has a #1 company here. Pasadena is a
hidden jewel that they are trying to bring out.
Emilio Carmona – No Comments.
Ernesto Paredes – Wanted to echo what they did earlier with the picture supporting the Texas
Invitational that was started a while back and it’s good that they continue supporting it.
Steve Phelps – Passed.
Steve Cote – Encouraged everyone to go out and get your tickets to the Pasadena Rodeo and
commented on the previous weekend’s show that looked like it was a full house. Encouraged
everyone to support the Rodeo and commented on the auction that was held that day and all of
the proceeds go to help the kids and their scholarships. Commented on the great industrial
forum hosted by Economic Alliance. Finally, invited everyone to support the TX Invitational
coming up in November.

Agenda Item Ten: Executive Session
**NOTE** 3:40 PM – At this time, President Steve Cote announced that the Board would be

“going behind closed doors” for an Executive Session.
a. Convene in executive session pursuant to Section 551.087, Texas Government Code to

deliberate regarding economic development negotiations for Business
Attraction/Retention Projects.

b. Convene in executive session pursuant to Section 551.072, Texas Government Code to
deliberate the purchase, exchange, lease or value of real property – Project #1902.

Agenda Item Eleven: Reconvene into Regular Session
**NOTE** 4:03 PM – At this time, President Steve Cote reconvened the Board Meeting.

The Board will reconvene into Regular Session, pursuant to the provisions of Chapter 551 of the
Texas Government Code, to take any action necessary regarding:

a. Deliberation regarding economic development negotiations for Business
Attraction/Retention Projects.

b. Deliberation regarding real property – Project #1902.
 No action.

Agenda Item Twelve: Adjournment.
President, Steve Cote called for a motion to adjourn the September 26, 2019 meeting at 4:04
pm. Ernesto Paredes moved, seconded by Rick Lord. MOTION CARRIED UNANIMOUS.

PEDC Meeting Minutes: 9/26/2019 6 of 6







Pasadena EDC Activity Report - October 2019

Date Activity Purpose

9/23/2019 Staff met with Clark Condon Staff met with Clark Condon for Richey St. and Pasadena Blvd project
updates.
9/25/2019 Staff met with Economic Alliance
Staff met with Fred Welch and Regina Lindsey with The Economic
Alliance Houston Port Region to introduce Regina as the newest member
of their team.  Regina will be taking over Fred's duties as Fred transitions
to retirement. 

Staff attended Economic Development Staff attended the meeting along with other local EDC leaders to share
9/25/2019 Task Force Meeting their wins and discuss the challenges with-in their communities.
9/27/2019 Staff met with Hawes Hill & Associates
Staff had an opportunity to discuss Redevelopment options for North
9/27/2019 Staff given tour of San Jacinto CPET Pasadena.

Staff had the opportunity to tour this new state-of-the-art facility and
conduct an interview first-hand with Jim Griffin, Senior Vice President for
the center.

Staff met with Councilman Ybarra to update him on ongoing projects in
9/30/2019 Meeting with Councilman Ornaldo Ybarra Historic Pasadena.

10/3/2019 Staff met with Olson and Olson Staff met with members of Olson & Olson to discuss TIRZ 1.

Staff met with Councilman Sammy Staff met with Councilman Casados to update him on ongoing projects.
10/4/2019 Casados

Staff and City Staff Filmed Public Response Staff collaborated with City of Pasadena's Community Relations
10/8/2019 to Recent Reports Department in filming a video of testimonials of Pasadena residents and
business owners.

10/8/2019 Staff attended SIOR luncheon Staff attended the SIOR luncheon to hear from local commercial real
estate professionals on the health of our local economy.  We had the
opportunity to listen to Mark Dotzour with Texas A & M University Real
Estate Center talk about the bright future of commercial real estate in
the Houston area. 

Staff and two board members had the opportunity to visit with other

EDC professionals from across the state. We all attended multiple

sessions during the conference to learn about economic development

Staff and several board members attended organizational leadership, small business financing, public improvement

10/9/19-10/11/1T9EDC Annual Conference districts and much more.

Staff and board members attend GHP's Staff attended GHP Luncheon to hear from Chevron CEO, Mike Wirth as
10/9/2019 State of Energy he discussed shifts in energy sources and workforce.

Staff met to discuss upcoming community events that can assist in

bringing visitors to Pasadena and aid towards making Pasadena a

10/15/2019 Staff met with Silver Sycamore destination.

Staff and several board members attended

Pasadena Chamber Membership Staff attended luncheon to hear from Dr. Stephen Klineberg on his

10/17/2019 Luncheon findings from over 38 years of systematic surveys in Harris County.

TO: Board of Directors

FROM: Carlos Guzman

DATE: October 21, 2019
SUBJECT: Investment Portfolio Summary: Third Quarter 2019

SUMMARY: The attached information comprises the quarterly investment report for the
Pasadena Economic Development Corporation for the quarter ended September 30, 2019 as
signed by the City Controller. The Corporation’s Investment Portfolio has been and is
compliant with the policies and strategies as contained in the Corporation’s Investment Policy
as adopted by the Pasadena Economic Development Corporation and with the Public Funds
Investment Act of the State of Texas.

CURRENT ACTION: Accept quarterly Investment Portfolio Summary.
BUDGET FUNDING: N/A
ATTACHMENTS: 1 –Resolution
2 - Investment Portfolio Summary – As of September 30, 2019

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PASADENA
ECONOMIC DEVELOPMENT CORPORATION, A TYPE B ECONOMIC
DEVELOPMENT CORPORATION AND A TEXAS NON-PROFIT
CORPORATION, APPROVING THE INVESTMENT PORTFOLIO
SUMMARY FOR THE QUARTER ENDING SEPTEMBER 30, 2019 ; AND

PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

WHEREAS, the Pasadena Economic Development Corporation is a Type B economic

development corporation operating pursuant to Chapter 505 of the Texas Local Government Code,
as amended (hereinafter referred to as the “PEDC”); and

WHEREAS, the Board of Directors of the PEDC approves the quarterly Investment
Portfolio Summary, a copy of which is attached hereto as Exhibit A, and is incorporated herein for
all purposes.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE PASADENA ECONOMIC DEVELOPMENT CORPORATION, THAT:

Section 1. FINDINGS INCORPORATED

That the foregoing recitals are hereby found to be true and correct findings of the PEDC
and are fully incorporated into the body of this Resolution.

Section 2. APPROVING QUARTERLY INVESTMENT PORTFOLIO SUMMARY

That the Board of Directors of the PEDC do hereby approve the Investment Portfolio
Summary, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all
purposes.

Section 3. EFFECTIVE DATE

This Resolution shall become effective immediately upon its passage.

PASSED, APPROVED AND ADOPTED by the Board of Directors of the Pasadena

Economic Development Corporation, on this the day of

, 2019.

APPROVED:

Steve Cote, President

ATTEST:

Emilio Carmona, Secretary

Exhibit A
Investment Portfolio Summary

Page 2





TO: Board of Directors

FROM: Carlos Guzman
DATE: October 21, 2019
SUBJECT: Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements

SUMMARY: Staff is requesting approval of an agreement with HR Green, Inc., for Bid, Construction
Phase and Additional Services of Bay Area Industrial Park Wastewater Lift Station and Forcemain
Improvements Project (CIP WW063) in the amount of $202,810.00 as part of the Utility
Development Project (M018).

The City of Pasadena provides potable water service to Nestle Water. Nestle Water’s production
is limited due to the private lift station serving the industrial park area. Nestle could buy additional
water from the City if they had a means to pump additional wastewater from the facility. This
project includes construction of a lift station and forcemain for Nestle Water to pump its treated
wastewater from Nestle Water Facility to a Gulf Coast Authority collection point and ultimately
the wastewater treatment facility (WWTF).

The design agreement was approved in August under PEDC Resolution No 19-028 to kick off the
project. The additional funds approved under this agreement will allow for bid, construction
phase and additional services (such as surveying, geotechnical investigation, etc.).

STRATEGIC PLAN JUSTIFICATION: Section 2.2 - Aggressively pursue domestic and
CURRENT ACTION: international business recruitment/retention targets.

PRIOR ACTION: Authorize Staff to negotiate and execute a Professional
BUDGET FUNDING: Services Agreement with HR Green, Inc. for Bid, Construction
ATTACHMENTS: Phase and Additional Services of the Bay Area Industrial
Park Wastewater Lift Station and Forcemain Improvements
(CIP WW063) as part of Utility Development Project (CIP
M018) in the amount of $202,810.00.

Approved agreement with HR Green for design in August
under PEDC Res # 19-028.

EDCM018-7998

1 – Draft Professional Services Agreement

AGREEMENT FOR PROFESSIONAL SERVICES

THE STATE OF TEXAS

COUNTY OF HARRIS

THIS AGREEMENT made, entered into and executed by and Pasadena Economic Development
Corporation, a Texas non-profit corporation (hereinafter called “PEDC”), and HR Green, Inc.,
hereinafter called “CONSULTANT,” and referred to in the masculine pronoun singular whether a
person, firm or corporation.

WITNESSETH, that PEDC intends to plan, develop and make certain improvements generally described
as:

Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements
CIP No. WW063

In the City of Pasadena, Texas
In response to Work Orders issued by the PEDC, the CONSULTANT shall provide professional
services for bidding, construction phase and additional services related to a lift station and a forcemain
from Nestle Water (Pasadena, TX) to Gulf Coast Authority collection point ultimately to the Bayport
Industrial wastewater treatment facility (WWTF) located at 10800 Bay Area Blvd, Pasadena TX 77507.

WITNESSETH, that this Agreement deals with providing professional services necessary for the
facilities described herein.

WHEREAS, the PEDC desires that the CONSULTANT perform certain professional services in
connection with the Project(s); and

WHEREAS, the CONSULTANT represents that it is qualified and desires to perform such services;

NOW, THEREFORE, the PEDC and the CONSULTANT, in consideration of the mutual covenants and
agreements herein contained, do mutually agree as follows:

SECTION I

SCOPE OF AGREEMENT

The CONSULTANT agrees to perform professional services in connection with the Project(s) as stated
in the sections to follow, and for having rendered such services; the PEDC agrees to pay to the
CONSULTANT compensation as stated in the sections to follow.

1

SECTION II

CHARACTER AND EXTENT OF SERVICES

The CONSULTANT shall render the following professional services in connection with the Project(s):

Perform work as described in Attachment “A” Scope of Professional Services.

Upon this Agreement becoming effective and upon written authorization from PEDC, CONSULTANT
shall proceed with the professional services which include improvements as stated herein serving the
City of Pasadena.

SECTION III

TIME FOR PERFORMANCE

The Project shall be initiated upon authorization. Estimated Project schedule is as follows:

Notice to Proceed – NTP ...............................................................................TBD by PEDC
Kick-off meeting............................................................................................1 Weeks after NTP
Forcemain Routing Study ..............................................................................3 Weeks after NTP
Forcemain Routing Study review meeting with PEDC .................................4 Weeks after NTP
50% complete documents to PEDC...............................................................12 Weeks after NTP
50% complete review meeting.......................................................................13 Weeks after NTP
90% complete documents to PEDC...............................................................18 Weeks after NTP
90% complete review meeting.......................................................................19 Weeks after NTP
Submit final documents to PEDC and permit agencies .................................21 Weeks after NTP
Distribute bid documents ...............................................................................22 Weeks after NTP
Bid opening, award contract ..........................................................................25 Weeks after NTP
Pre-construction meeting, notice-to-proceed .................................................29 Weeks after NTP
Project substantial completion .......................................................................52 Weeks after NTP*
Project final completion.................................................................................56 Weeks after NTP*

This schedule was prepared to include reasonable allowances for review and approval times required by
the PEDC and public authorities having jurisdiction over the project. This schedule shall be equitable
adjusted as the project progresses, allowing for changes in the scope of the project required by the PEDC
or for delays or other causes beyond the control of CONSULTANT.
*Further refinement will be provided based on Delivery times of equipment and Subconsultant
deliverables.

SECTION IV

THE CONSULTANT’S COMPENSATION

It is expressly understood and agreed that the “CONSULTANT” shall proceed to furnish the basic
engineering services required herein immediately upon execution of this agreement by all parties.

2

Additional services will not proceed without the expressed written authorization by the PEDC or its
representative.

For basic engineering services rendered by the “CONSULTANT” for the services defined in Attachment
“A” Scope of Professional Services, PEDC shall reimburse the amounts for the Basic Services
components listed as follows:

BASIC SERVICE PHASE FEE
Contract and Bidding Phase 9,750
Construction Phase 32,000
TOTAL BASIC SERVICES FEE 41,750
Additional Services
Surveying 75,000
Geotechnical Investigation 17,500
Geotechnical Coordination 2,350
Railroad coordination 4,000
Railroad Fees 4,100
Printing, Reproduction 3,860
Construction Observation (To Be Determined {TBD}) 4,800
Record Drawings 4,400
Startup/Closeout/Warranty 3,450
Property Acquisition (TBD) 20,000
Subsurface Utility Exploration (SUE) work (TBD) 20,000
SUE coordination 1,600
TOTAL ADDITIONAL SERVICES FEE 161,060

For and in consideration of the “ADDITIONAL SERVICES” rendered by the “CONSULTANT” for the
services defined in Attachment “A” Scope of Professional Services, PEDC shall pay the
CONSULTANT’s Direct Labor Costs times a factor of 3.1 for all services performed by principals and
employees engaged directly on the Project. For services provided by “CONSULTANTS’” Sub-
consultants engaged to perform or furnish “BASIC SERVICES” or “ADDITIONAL SERVICES”, the
PEDC shall pay the total amount billed “CONSULTANT” without markup. The total “ADDITIONAL
SERVICES” amounts have been estimated to be $161,060.

The total of these services will not exceed an amount of $202,810.00 for Basic Services and Additional
Services as enumerated in Attachment “A” Scope of Professional Services, without the prior written

approval of the City.

The Director of Public Works may authorize the transfer of funds between Basic Services and
Additional Services, and/or transfer of funds between the categories of Additional Services when
necessary to continue service, provided the total funds authorized do not exceed the total Contract
amount of $202,810.

Direct labor costs shall be:

EMPLOYEE CLASSIFICTION DIRECT LABOR RANGE

Principals........................................................................................................$80.00

Project Manager .............................................................................................$50.00 to $67.00

3

Technical Advisor..........................................................................................$45.00 to $60.00
Project Engineer.............................................................................................$30.00 to $55.00
Senior Designer..............................................................................................$30.00 to $35.00
Designer .........................................................................................................$25.00 to $30.00
CADD Technician .........................................................................................$20.00 to $24.00
Clerical...........................................................................................................$18.00 to $22.00
Project Inspector ............................................................................................$28.00 to $40.00

SECTION V
TERMINATION

The PEDC may terminate this Agreement at any time by notice in writing to the CONSULTANT. Upon
receipt of such notice, the CONSULTANT shall discontinue all services in connection with the
performance of this Agreement and shall proceed to promptly cancel all existing orders and contracts
insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt
of notice of termination, CONSULTANT shall submit a statement, showing in detail the services
performed under this Agreement to the date of termination. Upon agreement by the PEDC and
CONSULTANT of the detailed statement of services performed under this agreement to date of
termination, the PEDC will then pay the CONSULTANT that proportion of the prescribed charges
which the services actually performed under this Agreement bear to the total services called for under
this Agreement, less such payments on account or the charges as have been previously made. Copies of
all completed or partially completed designs, drawings and specifications prepared under this
Agreement shall be delivered to the PEDC when and if this Agreement is terminated.

SECTION VI
ADDRESS OF NOTICE AND COMMUNICATION

All notices and communications under this Agreement shall be mailed by certified mail, return receipt
requested, or delivered to CONSULTANT at the following address:

HR Green, Inc.
Attn: Michael J. Halde, P.E.
11011 Richmond Avenue, Suite 200

Houston, Texas 77042

All notices and communications under this Agreement shall be mailed by certified mail, return receipt
requested, or delivered to the PEDC at the following address:

Pasadena Economic Development Corporation
1149 Ellsworth Drive
Pasadena, Texas 77506

Attention: Steve Cote, President

4

SECTION VII

SUCCESSORS AND ASSIGNS

The PEDC and the CONSULTANT bind themselves and their successors, executors, administrators and
assigns to the other party of this Agreement and to the successors, executors, administrators and assigns
of such other party, in respect to all covenants of this Agreement. Neither the PEDC nor the
CONSULTANT shall assign, sublet or transfer its or his interest in this Agreement without the prior
written consent of the other. Nothing herein shall be construed, as creating any personal liability on the
part of any officer or agent of any public body that may be a party hereto.

SECTION VIII

COMPLIANCE AND STANDARDS

The CONSULTANT agrees to perform the work hereunder in accordance with generally accepted
standards applicable thereto, and shall use that degree of care and skill commensurate with the
consulting profession to comply with all applicable state, federal and local laws, ordinances, rules and
regulations relating to the work to be performed hereunder and CONSULTANT’s performance.

SECTION IX

OWNERSHIP OF DOCUMENTS, COPYRIGHT

The PEDC shall be the absolute and unqualified owner of all drawings, preliminary layouts, record
drawings, sketches, reports and other documents prepared pursuant to this Agreement by the
CONSULTANT with the same force and effect as if the PEDC prepared the same. Copies of all
complete or partially completed record drawings, sketches, reports and other documents prepared
pursuant to this Agreement shall be delivered to PEDC when and if this Agreement is terminated or
upon completion of this Agreement, whichever occurs first. The CONSULTANT may retain one (1) set
of reproducible copies and the same data in electronic file and format and such copies shall be for the
CONSULTANT’s sole use in preparation of studies or reports for PEDC only. The CONSULTANT is
expressly prohibited from selling, licensing or otherwise marketing or donating such documents, or
using such documents in the preparation of other work for any other client, without the prior express
written permission of the PEDC. Reuse by the PEDC without specific written adaptation by
CONSULTANT shall be without liability to the CONSULTANT.

SECTION X

INDEMNIFICATION

THE CONSULTANT SHALL SAVE AND HOLD HARMLESS THE PEDC FROM AND
AGAINST ALL CLAIMS AND LIABILITY DUE TO ACTIVITIES OF THE CONSULTANT,
ITS AGENTS OR EMPLOYEES, PERFORMED UNDER THIS CONTRACT AND WHICH
RESULT FROM ANY NEGLIGENT ACT, ERROR, OR OMISSION OF THE CONSULTANT

5

OR OF ANY PERSON EMPLOYED BY THE CONSULTANT. THE CONSULTANT SHALL
ALSO SAVE HARMLESS THE PEDC R FROM AND AGAINST ANY AND ALL EXPENSES,
INCLUDING ATTORNEY’S FEES WHICH MIGHT BE INCURRED BY THE PEDC, IN
LITIGATION OR OTHERWISE RESISTING SAID CLAIMS OR LIABILITIES WHICH
MIGHT BE IMPOSED ON THE PEDC AS THE RESULT OF SUCH ACTIVITIES BY THE
CONSULTANT, ITS AGENTS OR EMPLOYEES.

SECTION XI

MODIFICATIONS

This instrument contains the entire Agreement between the parties related to the rights herein granted
and obligations herein assumed. Any oral or written representations or modifications concerning this
instrument shall be of no force and effect excepting a subsequent modification in writing signed by both
parties.

SECTION XII

FORCE MAJEURE

In the event either party is rendered unable, wholly or in part, by force majeure, to carry out any of its
obligations under this Agreement, it is agreed that on such party’s giving notice and full particulars of
such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence
of the cause relied upon, then the obligations of the party giving such notice, to the extent that due
diligence is being used to resume performance at the earliest practicable time, shall be suspended during
the continuance of any inability so caused as to the extent provided, but for no longer period. Such
cause shall as far as possible be remedied with all reasonable dispatch.

The term “force majeure”, as used herein, shall include, but not be limited to acts of God, acts of public
enemy, war, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, tornadoes, hurricanes, arrests and restraints of government and people, explosions,
breakage or damage to machinery or equipment and any other inability’s of either party, whether similar
to those enumerated or otherwise, and not within the control of the party claiming such inability, which
by the exercise of due diligence and care such party could not have avoided.

SECTION XIII

ANTI-BOYCOTT

Per Texas Government Code Chapter 2270, the signatory executing this contract on behalf of consultant
verifies that: (1) the CONSULTANT does not boycott Israel, and (2) the CONSULTANT will not
boycott Israel during the term of this AGREEMENT.

6

SECTION XIV

ADDITIONAL AUTHORIZED SERVICES

In the course of this Agreement, the PEDC may require additional services unrelated to the specific
Project(s) herein described. The CONSULTANT hereby agrees to undertake additional services for the
PEDC in the following manner.

The PEDC will outline a scope of additional services requested. The CONSULTANT will review the
outline and prepare an estimate of costs and work products to be delivered in response to the request.
The PEDC will appropriate funds and issue a work authorization at which time the CONSULTANT may
proceed.

SECTION XV

ENTIRE AGREEMENT

This instrument consists of pages 1 to 11 inclusive and constitutes the entire Agreement between the
PEDC and CONSULTANT and supersedes all prior written or oral understandings.

IN TESTIMONY OF WHICH, this instrument has been executed by the CONSULTANT on this the
____day of __________, 2019, and has been executed on behalf of PEDC by its President and attested
by its Executive Director, this______ day of ______________, 2019, in two (2) copies, each of which
shall be an original, all of equal force and effect.

PASADENA ECONOMIC DEVELOPMENT CORPORATION:

__________________________________________ ________________________
CARLOS GUZMAN, EXECUTIVE DIRECTOR DATE

HR GREEN, INC.: _______________________
DATE
__________________________________________
MICHAEL HALDE, PE, VICE PRESIDENT

7

Attachment “A”
Scope of Professional Services

Pasadena, TX – Bay Area Industrial Park Wastewater Lift Station and Forcemain
Improvements

1. Project Understanding

1.1 General Understanding

The City of Pasadena provides potable water service to Nestle Water. Nestle Water’s production is
limited due to the private lift station serving the industrial park area. Nestle could buy additional
water from the City if they had a means to pump additional wastewater from the facility. This
project includes construction of a lift station and forcemain for Nestle Water to pump its treated
wastewater from Nestle Water Facility to a Gulf Coast Authority collection point and ultimately
the wastewater treatment facility (WWTF). The daily production of wastewater from Nestle
Water’s Facility is anticipated to be 350-gpm at full plant capacity.

A forcemain routing study will evaluate alternative up to 5 routing option for the proposed 6-inch
forcemain. The forcemain routing study results will be reviewed with the City and Nestle Water to
determine the recommended forcemain routing. The final recommendation will proceed into
design, bidding and construction.

As a basis of this scope, the recommendation is anticipated to include a submersible lift station
with firm capacity of 350-gpm and 13,350 LF of forcemain. The construction methodology used
for construction is assumed to be 80% open cut and 20% trenchless technologies or pipe casing to
avoid conflicts with existing utilities, pipelines, drainage ditches, road crossing and railroads. This
scope includes siting, survey and property acquisition assistance as noted herein. The Engineer’s
Opinion of Construction Cost is $1,900,000.

1.2 Design Criteria/Assumptions
 Lift Station will include two pumps (1 duty, 1 standby) to firm lift station capacity of 350 gpm.
 No generator for backup power.
 Nestle will be responsible for Gulf Coast Authority Permitting.
 The project will follow the design standards of the Texas Commission on Environmental
Quality (TCEQ).
 Harris County permitting to be completed by HR Green.
 Forcemain is assumed to be 6-inch PVC pipe (C=140).
 The forcemain length assumed for proposal is 13,350-LF. 80% of forcemain i.e. 10,680-LF
will be constructed via open cut and 2,670-LF will be constructed via trenchless method.
 Survey and Geotechincal exploration will be completed.
 Land Acquisition, if needed, to be completed by City.
 Design, bid and construction engineering services will be included.
 Two bid packages are assumed.
 No contaminated soils will be encountered.

8

2. Scope of Services – Basic Services

The PEDC agrees to employ CONSULTANT to perform the following services:

Bidding Phase Services (for each bid package, 2 assumed)

2.1 Provide construction documents to Pasadena Staff for distribution. Construction
documents will be delivered electronically only.

2.2 Correspond with prospective bidders, suppliers, and other interested parties with questions
and comments during the bid period. Issue addenda as appropriate to interpret, clarify, or
expand bidding documents.

2.3 Attend pre-bid meetings
2.4 Prepare bid tabulation sheets and distribute to PEDC and plan holders.
2.5 Assist PEDC with evaluation of bids. Prepare a recommendation for award of contract.

Construction Phase Services (concurrent projects)

2.6 Coordinate pre-construction meetings with Public Works, contractors, subcontractors, and
other public and private utility companies. Distribute meeting minutes to all attendees.
Issue a Notice-to-Proceed to contractors.

2.7 Provide general correspondence with Public Works, contractors, subcontractors, and
suppliers throughout the project duration. Project is estimated to be 4-month construction
duration. Act as PEDC’S representative, consult with and advise PEDC, issue instructions
to contractor, and have the authority to act on behalf of PEDC.

2.8 During the period of construction, Consultant shall make periodic visits to the site at
intervals appropriate to the various stages of construction as Consultant deems appropriate.
A total of twelve (12) site visits while construction is in progress are anticipated and
budgeted. The purpose of these visits shall be to observe the site and work, to familiarize
Consultant with the progress and quality of the work, and to determine for the PEDC’s
benefit and protection if the work is proceeding in accordance with the intent of the
contract documents and construction schedule. Interpret the intent of the drawings,
specifications, and contract documents to protect PEDC against defects and deficiencies in
construction on the part of contractor; however, CONSULTANT cannot guarantee the
performance of any contractor.

2.9 Respond to requests for clarification and, review and recommend action on contractor-
initiated claims. Prepare letter scopes of work for design based contract modifications,
CONSULTANT’s estimates for change orders, and process change orders.

2.10 Review contractor submittals required by the contract documents, and make appropriate
responses.

2.11 Review construction schedule and monthly updates for general compliance with design
intent. Review will consist of verifying that the contractor creates a schedule to complete
the construction by the date noted in the contract documents and that the contractor
maintains the schedule to reflect actual progress and updated forecast.

2.12 Review the accuracy and appropriateness of the Contractor’s schedule of values and
review, evaluate, and make recommendations to the PEDC regarding the contractor’s
request for progress payments. Recommendation will include discussion of their relation to
the schedule of values, work completed, and materials and equipment delivered to the site.

2.13 Prepare a certificate of substantial completion to initiate the warranty period for the project.

9

2.14 Make a pre-final inspection, prepare punch lists, conduct a final inspection, review contract
closeout documentation and recommend final payment to close out the construction
contract.

Assumptions/Limitations

2.15 The following assumptions were made in developing the Basic Services.
 Ten (10) right-of-way permitting or access agreements are proposed.
 Final design, bidding, and construction phase services for location described herein
only.
 Materials testing during the construction phase will be contracted directly by the
PEDC.

3. Additional Services

CONSULTANT, upon written authorization from PEDC, shall provide the following
supplemental services. See Article 6 Professional Service Fees for a description of the payment for
supplemental services. PEDC shall have no obligation to pay for supplemental services that have
been performed without prior written authorization of the PEDC.

3.1 Surveying. Coordinate and subcontract with a surveyor to perform the following:
a. Field survey of the proposed site area at Nestle Water’s LS site and proposed
forcemain route (CONSULTANT assumes Forcemain Route A for budgeting which is
approximately 13,350-LF). This includes the location of utility appurtenances,
easements, and rights-of-way. CONSULTANT to provide coordination between
surveyor and assumes one (1) site visit. Create a base map using all utility information
and elevation data to be used for the design of the proposed improvements.

3.2 Geotechnical Engineering. Coordinate and subcontract with a Geotechnical consultant for
the purpose of evaluating the geotechnical conditions at the project site for the lift station
and forcemain. Review recent borings with geotechnical subconsultant for them to provide
recommendations regarding the construction of foundations, and provide general site
preparation and earthwork recommendations.

a. The Geotechncial Subconsultant will provide following services:
i. Drill Borings Thirty-One (31) borings are anticipated.
ii. Perform Testing.

iii. The Geotechnical subconsultant will prepare an engineering analysis and report
sealed by a Geotechnical engineer licensed in Texas.

iv. The report will include the following:
1. Computer generated boring logs with soil stratification based on visual
soil classification
2. Summarized laboratory test data
3. Groundwater levels observed during drilling and sampling
4. Boring location plan
5. Subsurface exploration procedures
6. Encountered soils conditions
7. Design recommendations for lift station
8. Design recommendations for forcemain

10

9. Estimated settlement of foundations
10. Estimated seismic site classification
11. Subgrade preparation/earthwork.
b. CONSULTANT to coordinate with Geotechnical consultant, review report, and
perform one (1) site visit

3.3 Railroad Coordination
a. Provide coordination between PEDC and Union Pacific Railroad for proposed
forcemain. Accommodate design and construction requirements of the railroad in
design. Railroad design requirements will follow American Railway Engineering and
Maintenance-of-Way Association (AREMA) guidance. It is anticipated that Union
Pacific review will take 120-days.
b. Union Pacific Encroachment fees and right of entry fees. This assumes only one
crossing.

3.4 Printing and Reproduction
a. The cost of reproduction for plans, specifications and reports provided to PEDC will is
included as basic services.
b. The cost of reproduction for plans, specifications and reports provided to
governmental agencies, utility companies or contractors is included as additional
services.

3.5 Bid and Construction Phase Additional Services
a. Provide part-time construction observation services for a total of 40 hours. Prepare
construction progress logs, take photos, and prepare regular status reports to document
the progress of the work. Frequency of construction observation shall be as directed
by PEDC and may be less or up to full-time observation.
b. Prepare record drawings based on construction records provided by contractor.
Provide to PEDC reproducible hard copy drawings and a CD of electronic files.
c. Provide to PEDC startup and closeout assistance. A total of 24 hours have been
assumed for this assistance.

3.6 Property Acquisition
a. Complete a legal description for property extents for use in acquiring rights to the
property for the forcemain and lift station as applicable. Assumed ten (10) such
easements would be required. Fee assumes $2000 per easement.

3.7 Subsurface Utility Exploration
a. Subconsultant to perform Subsurface Utility Exploration (SUE) as required in the
proposed forcemain route to avoid utility/pipeline conflicts during construction.
b. CONSULTANT to provide coordination and review final drawings/reports submitted
by Subconsultant.

11

Additional Service Fees

Additional Service Provider Fee Type Fee
3.1 Surveying David Cost+ $75,000.00
Newell
3.2 Geotechnical Engineer A&R Cost + $17,500.00
3.2 b Geotechnical coordination HR Green Cost + $2,350.00
3.3 a. Railroad Coordination HR Green Cost + $4,000.00
3.3 b. Railroad Fees Union Cost $4100.00
Pacific
3.4 Printing and Reproduction N/A Cost + $3,860.00
3.5 a. Construction Observation** HR Green Hourly $120.00
3.5 b. Record Drawings HR Green Cost +
3.5 c. Startup/Closeout Assistance HR Green Cost + $4,400.00
3.6 Property Acquisition HR Green Cost $3,450.00
3.7 a Subsurface Utility TBD Cost $20000.00
Exploration (TBD) $20000.00
3.7 b Subsurface Coordination HR Green Cost+
Total Fee Additional Services $1600.00
** 40 hours x $120.00 = $4,800 $161,0.00

4. Services by Others

Geotechnical and Surveying services as defined above in Article 3 – Additional Services, and any
other services deemed to be in the best interest of PEDC.

5. PEDC Responsibilities

1. Provide access to work sites for CONSULTANT to perform or furnish services.
2. Provide relevant materials, such as maps, drawings, specifications, shop drawings, O&M

manuals, operating data and reports, maintenance data and reports, water quality data and
reports.
3. Provide personnel knowledgeable about operations and maintenance of facilities to be
available for discussions and to answer questions.
4. Provide assistance in determining the locations of existing facilities and utilities.
5. Pay all permit fees and other required fees associated with the project.
6. Review all project deliverable documents submitted by CONSULTANT and provide all
comments back to CONSULTANT within one week, or otherwise as required by the
project scope of services and schedule.
7. Provide construction material testing for backfill, concrete, etc. during construction
activities.

6. Miscellaneous

6.1 Extra Work

Any work required but not included as part of this contract shall be considered extra work.
Extra work will be billed on a Time and Material basis with prior approval of the PEDC.

12

TO: Board of Directors

FROM: Carlos Guzman
DATE: October 21, 2019
SUBJECT: Acceptance of Funds from Nestle Waters North America (NWNA)

SUMMARY: Nestle Waters North America has offered to contribute $50,000 as part of the Bay
Area Industrial Park Wastewater Lift Station and Forcemain Improvements Project (CIP WW063).
The lift station and forcemain are critical in the City providing additional water to Nestle and
other businesses in the industrial park area.

Staff is requesting Board authorization to accept the funds, which will be used for the
Construction of the Project.

CURRENT ACTION: Authorize Staff to approve the acceptance of funds from
Nestle Waters North America (NWNA) in the amount of
PRIOR ACTION: $50,000.00.
BUDGET FUNDING:
ATTACHMENTS: Design agreement was awarded to HR Green at the
August Meeting (PEDC Res # 19-028).

N/A

1 – Draft Resolution
2 – Letter for Effluent System Expansion

RESOLUTION AUTHORIZING THE ACCEPTANCE OF DONATIONS
FROM NESTLE WATERS NORTH AMERICA IN AN AMOUNT OF
$50,000 FOR THE BAY AREA INDUSTRIAL PARK WASTEWATER LIFT
STATION AND FORCEMAIN IMPROVEMENTS PROJECT (CIP
WW063)

STATE OF TEXAS §
COUNTY OF HARRIS §
PASADENA ECONOMIC DEVELOPMENT §
CORPORATION §

WHEREAS, the Pasadena Economic Development Corporation (the “Corporation”), a Texas
non-profit corporation and instrumentality of the City of Pasadena, Texas (the “City”), was created
pursuant to the Development Corporation Act of 1979, Article 5190.6, Vernon’s Texas Civil
Statutes, as amended from time to time (the “Act”);

WHEREAS, the Corporation has the powers, privileges, and functions of a nonprofit
corporation generally to the extent that such general laws do not conflict with the Act;

WHEREAS, the Corporation is authorized to acquire real and/or personal property by virtue
of its nonprofit corporation powers and its powers under the Act; and

WHEREAS, the Board of Directors of the Corporation (the “Board”) has determined that it is
in the best interests of the Corporation to accept donations of real and/or personal property from
Nestle Waters North America, as same may be used in furtherance of the Corporation’s goals;
provided, however, that the Corporation may not accept donations that exceed $50,000.00 in value
for the Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements Project (CIP
WW063) without further authorization of the Board by written resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PASADENA ECONOMIC DEVELOPMENT CORPORATION THAT:

Section 1. Incorporation of Recitals. The Recitals of this Resolution are hereby found
by the Board to be true and correct, and are, therefore, incorporated fully herein for all purposes.

Section 2. Authorization to Accept Donations. The Board hereby authorizes the
Corporation’s President, Vice President, Secretary, Assistant Secretary, and Economic Development
Director (collectively, the “Authorized Representatives”) to take any and all actions necessary to
accept donations of real and/or personal property from Nestle Waters North America; provided,
however, that the Authorized Representatives may not accept donations that exceed $50,000.00 in
value for the Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements Project
(CIP WW063) without further authorization of the Board by written resolution.

Section 3. Further Actions. In furtherance of this Resolution, the Board hereby
authorizes the Authorized Representatives to execute and deliver, or to cause to be executed and
delivered, any agreements, documents, instruments and certificates, as any such Authorized
Representative, in such person’s discretion, may deem necessary, advisable or appropriate to

effectuate or carry out the purpose and intent of this Resolution, the taking of such action to
conclusively evidence the appropriateness or necessity of any such agreements, documents,
instruments and certificates. The Board hereby authorizes the Authorized Representatives to take all
other actions and do all other things, as may be necessary, desirable or appropriate to carry out or
assist in carrying out the purposes of this Resolution.

Section 4. Enforceable and Binding Act. Any agreement authorized by this Resolution
shall become upon execution and delivery the enforceable and binding act and obligation of the
Corporation.

Section 5. Severability. If any section, paragraph, clause, or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or provision shall not affect any of the
remaining provisions of this Resolution.

Section 6. Open Meeting. It is hereby found, determined, and declared that a
sufficient written notice of the date, hour, place, and subject of the meeting of the Board at which
this Resolution was adopted was posted at a place convenient and readily accessible at all times to
the general public as required by the Open Meetings Act, Chapter 551, Texas Government Code,
and that this meeting has been open to the public as required by law at all times during which this
Resolution and the subject matter thereof has been discussed, considered, and formally acted
upon. The Board further ratifies, approves, and confirms such written notice and the contents and
posting thereof.

Section 7. Ratification and Confirmation. All acts, transactions or agreements
undertaken prior to the adoption of this Resolution by any member of the Board or any
representatives of the Corporation in connection with the matters authorized by this Resolution and
all actions incidental thereto are hereby ratified, confirmed and adopted by the Corporation.

[Signature page follows]

APPROVED AND ADOPTED, OCTOBER ___, 2019.

PASADENA ECONOMIC
DEVELOPMENT CORPORATION

By: ________________________________
Board President

ATTEST:

________________________________
Board Secretary

August 12, 2019

Dear Sir or Madam,

On behalf of the Nestle Waters North America (NWNA), Factory located at 10525
Red Bluff Road, Pasadena TX 77507, we are sending this letter as a follow-up to some
recent discussions between our Corporate Office in Coppell, TX regarding the site’s
wastewater effluent system and our request for assistance from the City to expand its
capacity in early 2020. Currently this effluent system is rated at only 150gpm and is
shared within the industrial park with other users. Depending on the specific production
mix, our factory routinely requires this full capacity in order to sustain even nominal
output and is therefore constrained in how we plan current production in order to avoid
exceeding this limit. Furthermore, this limitation hinders our ability to justify future
volume expansion at the facility.

Our Engineering team has assessed that in order to meet current and projected future
operations we would require a dedicated system with a capacity of 350gpm which would
remove our current constraints and clear the way for future expansion. We hope this
project would attract additional volume for our factory, which would in turn increase
water demand and investment. NWNA is willing to contribute $50,000 to the project to
assist with the funding. In this way, we hope to expand our strong partnership with the
City of Pasadena. We would like to discuss this more with your office in the near future,
we can be contacted via the phone and/or email listed below

Sincerely,

Chia-Ling Jennifer Tsai

Chia-Ling Jennifer Tsai, Factory Manager

[email protected]
(513)319-5923

11111

TO: Board of Directors

FROM: Carlos Guzman
DATE: October 21, 2019
SUBJECT: Acceptance of Funds from Johnson Development Associates (JDA), Inc.

SUMMARY: Johnson Development Associates, Inc. has offered to contribute $50,000 as part of
the Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements Project (CIP
WW063). The lift station and forcemain are critical in the City providing additional water to Nestle
and other businesses in the industrial park area.

Staff is requesting Board authorization to accept the funds which will be used for the Construction
of the Project.

CURRENT ACTION: Authorize Staff to approve the acceptance of funds from
Johnson Development Associates (JDA), Inc. in the amount
PRIOR ACTION: of $50,000.00.
BUDGET FUNDING:
ATTACHMENTS: Design agreement was awarded to HR Green at the
August Meeting (PEDC Res # 19-028).

N/A

1 – Draft Resolution
2 – Letter for Sewer Expansion

RESOLUTION AUTHORIZING THE ACCEPTANCE OF DONATIONS
FROM JOHNSON DEVELOPMENT ASSOCIATES, INC. IN AN AMOUNT
OF $50,000 FOR THE BAY AREA INDUSTRIAL PARK WASTEWATER
LIFT STATION AND FORCEMAIN IMPROVEMENTS PROJECT (CIP
WW063)

STATE OF TEXAS §
COUNTY OF HARRIS §
PASADENA ECONOMIC DEVELOPMENT §
CORPORATION §

WHEREAS, the Pasadena Economic Development Corporation (the “Corporation”), a Texas
non-profit corporation and instrumentality of the City of Pasadena, Texas (the “City”), was created
pursuant to the Development Corporation Act of 1979, Article 5190.6, Vernon’s Texas Civil
Statutes, as amended from time to time (the “Act”);

WHEREAS, the Corporation has the powers, privileges, and functions of a nonprofit
corporation generally to the extent that such general laws do not conflict with the Act;

WHEREAS, the Corporation is authorized to acquire real and/or personal property by virtue
of its nonprofit corporation powers and its powers under the Act; and

WHEREAS, the Board of Directors of the Corporation (the “Board”) has determined that it is
in the best interests of the Corporation to accept donations of real and/or personal property from
Johnson Development Associates, Inc., as same may be used in furtherance of the Corporation’s
goals; provided, however, that the Corporation may not accept donations that exceed $50,000.00 in
value for the Bay Area Industrial Park Wastewater Lift Station and Forcemain Improvements Project
(CIP WW063) without further authorization of the Board by written resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
PASADENA ECONOMIC DEVELOPMENT CORPORATION THAT:

Section 1. Incorporation of Recitals. The Recitals of this Resolution are hereby found
by the Board to be true and correct, and are, therefore, incorporated fully herein for all purposes.

Section 2. Authorization to Accept Donations. The Board hereby authorizes the
Corporation’s President, Vice President, Secretary, Assistant Secretary, and Economic Development
Director (collectively, the “Authorized Representatives”) to take any and all actions necessary to
accept donations of real and/or personal property from Johnson Development Associates, Inc.;
provided, however, that the Authorized Representatives may not accept donations that exceed
$50,000.00 in value for the Bay Area Industrial Park Wastewater Lift Station and Forcemain
Improvements Project (CIP WW063) without further authorization of the Board by written
resolution.

Section 3. Further Actions. In furtherance of this Resolution, the Board hereby
authorizes the Authorized Representatives to execute and deliver, or to cause to be executed and
delivered, any agreements, documents, instruments and certificates, as any such Authorized

Representative, in such person’s discretion, may deem necessary, advisable or appropriate to
effectuate or carry out the purpose and intent of this Resolution, the taking of such action to
conclusively evidence the appropriateness or necessity of any such agreements, documents,
instruments and certificates. The Board hereby authorizes the Authorized Representatives to take all
other actions and do all other things, as may be necessary, desirable or appropriate to carry out or
assist in carrying out the purposes of this Resolution.

Section 4. Enforceable and Binding Act. Any agreement authorized by this Resolution
shall become upon execution and delivery the enforceable and binding act and obligation of the
Corporation.

Section 5. Severability. If any section, paragraph, clause, or provision of this
Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability of such section, paragraph, clause, or provision shall not affect any of the
remaining provisions of this Resolution.

Section 6. Open Meeting. It is hereby found, determined, and declared that a
sufficient written notice of the date, hour, place, and subject of the meeting of the Board at which
this Resolution was adopted was posted at a place convenient and readily accessible at all times to
the general public as required by the Open Meetings Act, Chapter 551, Texas Government Code,
and that this meeting has been open to the public as required by law at all times during which this
Resolution and the subject matter thereof has been discussed, considered, and formally acted
upon. The Board further ratifies, approves, and confirms such written notice and the contents and
posting thereof.

Section 7. Ratification and Confirmation. All acts, transactions or agreements
undertaken prior to the adoption of this Resolution by any member of the Board or any
representatives of the Corporation in connection with the matters authorized by this Resolution and
all actions incidental thereto are hereby ratified, confirmed and adopted by the Corporation.

[Signature page follows]

APPROVED AND ADOPTED, OCTOBER ___, 2019.

PASADENA ECONOMIC
DEVELOPMENT CORPORATION

By: ________________________________
Board President

ATTEST:

________________________________
Board Secretary

August 7, 2019

City of Pasadena, Texas
1149 Ellsworth Dr.
Pasadena, TX 77506

Re: Nestle Waters, N.A. Sewer Expansion
Red Bluff Road, City of Pasadena, TX

To whom it may concern:

On behalf of the Bayport South Business Park (“Park”), the Republic Distribution Center
Property Owners Association, Inc. (“POA”) and Johnson Development Associates, Inc.
(“JDA”), please accept this letter as a formal request for the City of Pasadena Economic
Development Corporation to support and provide funding to expand the sanitary sewer
infrastructure serving Nestle Waters N.A.’s water bottling factory located at 10525 Red
Bluff Road, Pasadena, TX 77507.

Nestle Waters, N.A. has been a leading company in the City of Pasadena and in Bayport
South Business Park for almost a decade. JDA is the master developer of the Park and
manages the POA. Currently the City provides water to the Park and to Nestle, but not
sewer. Sewer is provided via a common, private lift station and sewer pipeline that serves
all Park tenants, eventually discharging to the Gulf Coast Authority Bayport Facility. Due
to the capacity constraints of the existing sewer system, Nestle Waters’ factory is currently
unable to operate at full capacity and is also unable to expand their production capacity.

JDA and Nestle Waters propose to work with the City of Pasadena Economic Development
Corporation and the City of Pasadena to design, permit and install a lift station and private
sewer force main that shall benefit Nestle Waters and allow for optimal operation of its
factory and the future expansion of new water bottling lines in the City of Pasadena. Due
to the critical nature of this sewer expansion, JDA is willing to contribute $50,000 to the
Project to assist with the funding.

If we are able work together on this, it will allow Nestle Waters to expand their current
production volumes and output and add new production lines to more efficiently operate
their factory, driving a greater investment in the City. Expanded production also means
Nestle Waters would purchase more municipal water volume from the City of Pasadena,
creating an increased income stream for the city of Pasadena

It is the hope of Nestle Waters, JDA, and the Park that this project be considered important
to the economic growth of the City and critical support of existing industry.
Timing is of the essence and we look forward to answering any questions you may have.
Thank you for your support and consideration.
Sincerely,

J. Anderson “Andy” Halligan
JDA

TO: Board of Directors
FROM: Carlos Guzman
DATE: October 21, 2019
SUBJECT: Silver Sycamore Hometown Holidays and Trail of Lights Sponsorship

SUMMARY: One of the recommendations of the EDC Strategic Plan is to increase efforts to

make Pasadena a destination and to increase marketing efforts and brand awareness to aid
in changing current perceptions. Staff is requesting approval to sponsor the Silver Sycamore
Hometown Holidays and Trail of Lights. The event will take place December 16th through
December 22nd at the Sycamore grounds.

The event will be a new and innovative attraction to the city that promises to bring guests from
Pasadena and surrounding areas as visitors by creating a winter wonderland attraction with an
array of light displays and family activities. Additionally, becoming a sponsor will generate
brand awareness through marketing avenues offered at the event.

STRATEGIC PLAN JUSTIFICATION: Section 1.1, 1.3. & 5.4 – Use creative approaches to tell
Pasadena’s Story to promote the City’s cultural and
CURRENT ACTION: recreational assets to assist toward changing Pasadena’s
PRIOR ACTION: current “brand.”
BUDGET FUNDING:
ATTACHMENTS: Support the development of the Silver Sycamore district
(along Pine Avenue) as a unique tourist destination.

Approve a sponsorship for the Silver Sycamore Hometown
Holidays and Trail of Lights event in the amount of
$15,000.00.

N/A

9949-7104 Business Promotion/ Sponsorships

N/A

TO: Board of Directors

FROM: Carlos Guzman

DATE: October 21, 2019
SUBJECT: Approve Funding For Costs Associated with the Fiscal Impact Analysis
Component of the City-wide Strategic Plan

SUMMARY: As previously discussed, Staff has been working with the City of Pasadena Planning
department to support a city-wide strategic plan. The Planning Department has since
executed a service agreement with consultants, Kimley Horn, to engage the community &
stakeholders in a comprehensive strategic plan. The service agreement includes an option for
a Fiscal Impact Analysis.

The Analysis will consist of a GIS based fiscal model and analysis of the City’s current
development patterns. Once contextual data is collected, the consultant team will develop
future development scenarios. The scenarios will illustrate possible future property tax revenue,
service costs, and overall fiscal health. The models will help city leaders and residents better
understand the relationship between growth and development patterns, property & sales tax
revenue, and long-term infrastructure & service costs. Importantly, this information can be
used to inform land use decisions, development incentives, capital improvements and service
delivery.

STRATEGIC PLAN JUSTIFICATION: Section 6.6- Support the City in a comprehensive planning
process to build a collective framework to guide ad shape
the community’s growth over the next 20-30 years. A
comprehensive plan would serve as the foundation for
additional policy changes, such as the City’s development
code and new land use regulations.

Section 4.4- Align EDC and City resources to accelerate
development of catalyst projects.

CURRENT ACTION: Authorize Staff to approve funding in the amount not to
exceed $150,000 for costs associated with the Fiscal Impact
Analysis, a component of the City-wide Strategic Plan.

PRIOR ACTION: City Council approved Strategic Plan for City of Pasadena at
its September 24, 2019 meeting. (Ordinance 2019-162)

BUDGET FUNDING: 9949-7107 Professional Services

ATTACHMENTS: 1 - Verdunity Scope of Work

Attachment- Verdunity Scope of Work

PURPOSE AND NEED

The City of Pasadena, Texas (CLIENT/City) is preparing a new Strategic Plan, of which fiscal
sustainability will be a key area of focus. The City will also be making updates to the city’s
development code that will be based at least in part on the input received and decisions
made during the planning process.

The City has requested Verdunity’s assistance to develop a GIS‐ based fiscal model and
accompanying analysis of the City’s current development pattern. Once existing conditions
are modeled and discussed, Verdunity will utilize our proprietary database and context data
to project how several different future development scenarios might impact the community’s
property tax revenues, service costs, and overall fiscal health. The model and associated
analysis will help city leaders and residents to better understand the relationship between
growth and development patterns, property and sales tax revenues, and long‐ term
infrastructure and service costs. This information can then be used to inform land use and
zoning decisions, development incentives, capital improvement programs and service
delivery optimization efforts. Our ultimate goal is to provide data, maps and information in a
variety of ways that enables and empowers city leaders to align your development and
service model with what citizens are willing and able to pay for ‐ now and in the future.

SCOPE OF SERVICES

Our fiscal analysis process typically consists of four phases and deliverables:

1) Existing Conditions Model: Assessment of current budget (revenues and costs) and existing
development

2) Projected Costs Model: Incorporates unfunded liabilities and projected general fund
service costs

3) Growth Scenario Projections: Date from the local model plus additional context data from
our database can be used to project how different development and redevelopment
scenarios would likely impact the community’s revenues, costs and fiscal health.

4) Gap Management Strategies and Recommendations: Once the modeling is complete,
we provide a report and presentation to summarize the process, findings and
recommendations for how to incrementally close your resource gap over time.

This proposal includes all four phases. We are proposing to complete following tasks as part
of this contract:

BASIC SERVICES

PHASE 1: BENCHMARK ANALYSIS AND EXISTING CONDITIONS MODEL ‐ Verdunity (VU) will
complete an assessment of existing conditions and prepare a summary of study findings and
recommendations in a format that can be shared with Council and the community.

1.1 Project Initiation Meetings – VU staff will come to the City to meet with staff, discuss data
needs and availability, and present an overview of our process and deliverables to Council.
Meetings will include:

 Kickoff meeting with staff
 Project briefing to City Council

1.2 Data Collection and Review – VU will obtain and review available information relevant
to the study. Where possible, we would like to receive data in electronic format, and in
particular any GIS, XLS and database files associated with infrastructure, land use and
developments. Information we would like to review will include, but not be limited to:

 Comprehensive Plan, Master Plans
 Development Regulations/Ordinances
 Developer Agreements – existing and proposed
 Budget and CAFR – last ten years (or as many as possible)
 Asset Management and CIP information – with special emphasis on any

information for existing streets
 Property Tax Data – levy data for three years (recommended years are 2010, 2015

and 2019) May require a data acquisition fee to get the levy data from the
county’s vendor.
 Information on current and planned debt obligations

1.3 Baseline Analysis – VU will utilize available data to perform an initial analysis of revenue,
service costs and debt trends. Tasks will include:

 CAFR and Budget Review – cursory review to assess the general fiscal situation,
summarize trends and identify issues and opportunities

 Revenue Analysis and Benchmarking – summarize total revenue and revenue
sources and benchmark to other communities

 Cost Analysis and Benchmarking – summarize total expenditures and cost
categories and benchmark to other communities

 Debt Analysis and Benchmarking – summarize debt usage and benchmark to
other communities

 Projected Service Cost Trend – project general fund costs using adopted planning
documents, context data from Verdunity’s database, and results from other
communities

1.4 Revenue Mapping – VU will utilize available data to map existing property tax revenues
and summarize fiscal performance for different neighborhoods and development patterns.
Tasks will include:

 Input, clean up and format tax revenue data for parcels in city limits
 Prepare 2D and 3D maps showing property tax revenue per acre (or SF) for each

year
 Prepare map showing net change between modeling years

1.5 Net Revenue Map (Budgeted Costs) – Costs from the existing General Fund budget
(services funded by property taxes) will be added to the model and a net revenue map will
be prepared showing the fiscal performance of parcels (net revenue = property tax levy
revenue less budgeted service costs). Tasks will include:

 CAFR and Budget Review – cursory review to assess the general fiscal situation,
summarize trends and identify issues and opportunities

 Identify and allocate budgeted service costs (general fund) to parcels in city limits
 Calculate net revenue and ROI (return on investment) for parcels and city overall
 Prepare 2D and 3D maps showing net revenue per acre (or SF) for each year
 Current and future land use (for undeveloped parcels)
 Current zoning districts, neighborhoods and/or other geography‐ based categories

the city is interested in assessing

PHASE 2: DEFICIT/PROJECTED COSTS MODEL – While Phase 1 will provide a deeper
understanding of the city’s current fiscal health, we believe the more critical (and
enlightening) discussion should focus on the future liabilities that cities are responsible for and
how those will be paid for. In Phase 2, the existing conditions model developed in Phase 1
will be expanded to incorporate the projected costs for street maintenance and other
services that are needed, but not currently accounted for in the budget. This model helps
understand how different development patterns perform financially when you add in the
cost to maintain/replace the infrastructure and services supporting the development. We
often refer to this as a city’s resource gap or deficit.

2.1 Service Cost and Infrastructure Replacement Projections – VU will review available data
and work with staff to estimate the age of various neighborhoods in the community and
project infrastructure replacement costs and other services that are not currently accounted
for in the budget.

 Classify areas of city by decade built
 Identify amount of existing infrastructure in each area
 Estimate replacement costs and distribute required annual savings over future

years (assume 40 yr life cycle)
 Develop roll‐ up chart that projects infrastructure replacement costs for next life

cycle

2.2 Service Cost Allocation – VU will work with staff to determine service costs and allocate
them down to the parcel level. This will be done at the most accurate level depending on
the setup of the town and available data.

 Level 1: Allocate general fund service and infrastructure replacement costs from
2.1 equally across all parcels

 Level 2: Allocate service costs to individual parcels based on proportionate area
 Level 3 (most accurate): Allocate service costs by geographic

areas/districts/service areas Includes a workshop with staff to review initial service
cost allocations, gather additional information (where available), and revise.

2.3 Net Revenue Map (Projected/Currently Unfunded Costs) – Costs from 2.2 will be allocated
down to the parcel level. Results will be added to the analysis from 1.5 to generate updated
net revenue and ROI maps that include projected costs.

2.4 Development Pattern Analysis – VU will review the models and identify trends and
takeaways for:

 The overall city
 Existing neighborhoods and/or geographic areas of the city
 Existing land uses and development patterns

PHASE 3: SCENARIO PLANNING – After baseline conditions have been established, we will
model up to three (3) future development scenarios to project how they might impact the
city’s fiscal health between now and 2050:

3.1 Scenario 1 (Status Quo) – Model continuation of current development trend and current
codes
3.2 Scenario 2 (Higher Density/Mixed‐ Use) – Model redevelopment scenario with less trucking
and diesel repair and more condos/townhomes and mixed‐ use
3.3 Scenario 3 (Low Density/Single Family) – Model redevelopment with less trucking and
diesel repair and reconstruction of housing with similar (single family) style and densities
3.4 Service Cost Allocation – VU will work with staff to determine service costs and allocate
them down to the parcel level. This will be done at the most accurate level depending on
the setup of the town and available data.

PHASE 4: GAP MANAGEMENT STRATEGIES AND RECOMMENDATIONS – Once the modeling is
done, we will review the results and prepare a summary of findings and recommendations
that can be shared with Council and the community.

4.1 Gap Management Strategies – VU will review the results of the analysis of development

patterns, finances and anticipated growth projections and prepare a list of high‐ level
strategies the city might consider implementing to improve its financial strength and
resilience. Some of the options that will be considered include:

 Modifications to the city’s future land use plan, zoning and growth management
plans to improve the ROI of future development

 Modifications to design standards to minimize operation, construction and long‐
term maintenance costs

 Revisions to existing service fees and potential for additional (new) fees to
generate additional revenue

 Responsible use of debt to fund growth, quality of life amenities, and if necessary,
future maintenance (although we highly discourage this).

4.2 Prepare Summary Report and Presentation – VU will summarize findings into a concise,
easy‐ to‐ understand presentation and support documents that can be shared with elected
officials, staff, residents and developers. Deliverables will include:

 Report (PDF and MS Word) with executive summary and appendices
 Presentation
 GIS shapefiles with result fields

4.3 Presentations– VU will be available to present a summary of the study process, findings
and recommendations to staff, elected and appointed officials and the broader community,
if desired. Presentations we’ve accounted for in this proposal include:

 Review of draft report with staff
 Work/executive session with staff and council
 Presentation to council and public at a regular council meeting

EXCLUSIONS AND ADDITIONAL SERVICES
After the development and presentation of the model, analysis and recommendations,
VERDUNITY staff can be available to support the city with subsequent discussions and
applications of the model and data. Additional options that may be discussed include:

 Utilize the model and our proprietary development context data to evaluate
proposed land use or zoning changes and

 Run proformas for new development being considered in the city
 Develop infrastructure investment strategies and/or Capital Improvement Programs
 Develop economic development strategies
 Prepare a long‐ range fiscal plan and growth management policy recommendations
 Community education/outreach programs

Should the CLIENT desire additional assistance beyond this initial effort, the work and
anticipated costs will be discussed and authorized by the CLIENT prior to VERDUNITY doing
any work.

YOUR INVESTMENT

We believe investing in quantifying and communicating your resource gap and developing
a community‐wide effort to maximize the resources you have is one of the most productive
and high‐returning investments a community can make. Community leaders will gain clarity
about the relationships between development, revenue and costs and have tools to make
more informed decisions, but more importantly, you could potentially save millions.


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