R2020-217 2020-10-26RESOLUTION NO. R2020-217
A Resolution of the City Council of the City of Pearland, Texas, authorizing
the City Manager or his designee to enter into an Interlocal Agreement with
Brazoria County for participation in the construction of the Shadow Creek
Library Project.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND3 TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland
and Brazoria County, 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 Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 26'h day of October, X.D.; 2 0.
TOM REID
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
as otll;L�
DARRIN M. COKE
CITY ATTORNEY
INTERTOCAL AGREEMENT
This Agreement, made and entered into by and between the City of Pearland, a
home rule municipality incorporated under the laws of the State of Texas (hereinafter,
"City,") and Brazoria County (hereinafter, "County")
REC)LTALS
Whereas, City plans to construct a new library facility ("Project") located along
Shadow Creek Parkway within the City and County; and
Whereas, County desires to relocate the Brazoria County Tax Office currently
located at 2555 Cullen Parkway, Pearland, Texas, to the new library as part of the Project;
and
Whereas, City has included the location of the Tax Office in the programming and
design of the Project; and
Whereas, the Project is located within the boundaries of Pearland Tax Increment
Reinvestment Zone No. 2 ("TIRZ") and is included in the TTRZ Project Plan and Financing
Plan; thereby making the Project costs eligible for reimbursement; and
Whereas, City and County desire to
complete the Project; and
partner and combine available resources to
Whereas, this Agreement is entered pursuant to the authority of the Interlocal
Cooperation Act, V.T.C.A. Gov. Code Sec, 791.001 et seq.
WXTNESSETH
NOW THEREFORE, in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is hereby agreed as follows:
I. SCOPE OF PROJECT
The scope of the Project includes the design and construction of the Project, as
described on Exhibit "A" attached hereto.
in T11>X%-IYx
The term of this Agreement shall commence on the �d/ day of
2020, and terminate on the earlier of the fulfilment of the obligations of the
terms of this Agreement by both parties or upon the dissolution of the TIRZ.
IIX. CXTY RESI'ONS>`BZLIiTJII✓S
A. City shall be responsible for the design and construction of the Project
which shall include a portion of the Project designated for the County's use
as a Tax Office,
B. City shall, as part of the Project, include shared lobby space, restrooms and
any mechanical, electrical and plumbing requirements for the area serving
the Tax Office.
C. City shall provide County with progress updates during construction of the
Project.
D. City shall, on or before June 30, 2021, invoice County for the County's
Participating Share of the Project costs as defined in Section IV below.
�. City previously executed a Letter Finance Agreement with the TIRZ that
established the terms and condition under which the Project costs will be
eligible for reimbursement,
T . Within 45 days of City's receipt of payment from the TIRZ for the
reimbursement of Project costs, City shall reimburse County for its
Participating Share; except that if the reimbursement from the TIRZ fails to
reimburse all Project costs, City shall reimburse County its pro -rasa share
of the TIRZ reimbursement received by the City, based on the overall cost
of the Project,
ZV. COUNTX R.�SPONSXBII,XTz)GS
A, County shall remit payment up to$1,000,000.00 ("County's Participating
Share" this share shall be the actual construction cost attributed to the square
footage of occupied Tax Office space.) to City within thirty (45) days of
receipt of an invoice from City.
I3. Prior to the substantial completion of the Project, County shall cooperate
with City to develop a Iease to establish the terms by which County will
occupy the Tax Office portion of the Project.
C. The occupancy of the Tax Office portion of the Project will terminate the
existing lease at 2555 Cullen Parkway, Pearland, Texas ("Cullen Parkway
Office"), and County shall promptly remove all items of personal property
(i.e., furniture and equipment) within thirty (30) days following the date of
termination of the existing lease.
I , •
V. NOTICES
A• All notices and communications under this Agreement shall be mailed by
certified mail, return receipt requested, or delivered to the City at the
following address%
City of 1'earland
3519 Liberty Drive
Z'earland, Texas 77493
Attention: City Manager
Brazoria County
Attn.: County Judge
111 E. Locust, Suite 102-A
Angleton, Texas 77515
B. All notices and communications under this Agreement shall be mailed by
certified mail, return receipt requested, or delivered to the County at the
following address.
V.C. CURRENT FUNDS AVAILABLE
Both parties hereto represent that they have appropriated sufficient funds to satisfy
their respective obligations under this Agreement.
VIZ, MISCELLANEOUS
A. Both parties agree that nothing herein shall be construed to create any
rights in third parties. -
B. Bath parties agree that no party shall have the right to seek
indemnification or contribution fiom any other parry hereto for any losses,
costs, expenses, or damages directly or indirectly arising, in whole or part
form this Agreement.
C. Whenever possible, each provision of this agreement shall be interpreted
in such a manner as to be effective and valid under• applicable law, but if any
section, subsection, paragraph, sentence, clause, phrase, work or portion of
this Agreement is, for any reason, held invalid unconstitutional or otherwise
unenforceaUle Uy any court of competent jurisdiction, such portion sliall be
deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
D. The Rights and Obligations of this Agreement shall not Ue assigned
without prior written consent of the parties.
Each person signing below represents that he or she has read this Agreement in its entirety,
including any and all attaclunents and exhibits, understands its terms, is duly authorized to
execute this Agreement on behalf of the party indicated by his or her name below and
agrees on behalf of said party that the party will be bound by these terns.
SIGNED and ENTERED his day of IV I , 2020.
CITY OF
Clay
�i
Sebesta Jr. Cbunly Judge
Manager
Exhibit A
GENERAL PLAN NOTES KrtKEYNOTE LEGEND2 LEVEL 1 KEY PLAN
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A2.01
Exhibit A
Division
General Description
Amount
Building SF
Unit
Cost
Tax Office
Area(2352 SF)
Description
Design
PGAL Design
$
117321219
39065
$
44,34
$
104,292
Architectual Design
CMAR
GCs & Preconstruction Services
$
85%933
39065
5
22,01
$
51,768
General Conditions and Preconstruction Services for the CMAR
Division
01
General Requirements
$
455,665
39065
$
11.66
$
27,434
Equitable Division Spread over Building SF Attirbuted to 2,352
SF
Division
03
Concrete
$
46%346
24454
$
19.19
$
45,142
Slab & piers only- no site paving
Division
04
Masonry
$
346,150
39065
$
8.86
$
40,000
Includes stone at exterior lobby
Division
05
Metals
$
11294,950
39065
$
33,15
$
77,966
Equitable Division Spread over Building SF Attirbuted to 2,352
SF
Division
06
Wood, Plastics, and Composites
$
564,580
39065
Area
Specific
$
73,996
Millwork estimate+ Wood Blocking over 2,352 SF
Division
07
Thermal and Moisture Protection
$
21187,673
39065
$
56,00
$
1541002
Waterproofing /Roofing System
Division
08
Openings
39065
Area
Specific
$
74,600
60' Glass +4 doors & Entry Operable Doors
Division
09
Finishes
39065
Area
Specific
$
118,636
Gypsum, Carpet, Paint, Base, Tile in RR, ACT Ceiling & Ceiling /
Flooring in Lobby
Division
10
Specialties
$
60,000
39065
$
1.54
$
5,362
Signage+Toilet Accessories
Division
it
Equipment
r
39065
Area
Specific
$
2,500
Mail Slot
Division
12
Furnishings
39065
Area
Specific
$
41000
Window Treatments
Division
13
Special Construction
39065
NA
NA
Division
14
Conveying Equipment
39065
NA
No Elevator
Division
21
Fire Suppression
39065
Area Specific
$
7,644
Equitable Division Spread over Building SF Attirbuted to 2,352
SF
Division
22
Plumbing
$
619,900
39065
Area Specific
$
17,000
One Restroom
Division
23
Heating, Ventilating & AC
$
1,04%528
39065
$
26.87
$
63,189
Equitable Division Spread over Building SF Attirbuted tc 2,352
SF
Division
26
Electrical
$
1,3041622
39065
pmm
$
33,40
$
78,548
Equitable Division Spread over Building SF Attirbuted to 2,352
SF
Division
31
Earthwork
$
254,256
39065
$
&51
$
15,308
Earthwork Only. No Landscaping, turn land, site furnishings
Division
33
Utilities
39065
NA
No Utilities
Indirects
Bonds & Insurances
$
2,072,678
39065
$
53,06
$
124,790
Total Cost of Tax
Office Space
$
1/0862179