HomeMy WebLinkAboutRes 2022-10-1282 AISD ILA FacilitiesCITY OF ANNA, TEXAS
RESOLUTION NO. Oita io ta8-q
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND THE
ANNA INDEPENDENT SCHOOL DISTRICT REGARDING CONSTRUCTION PROJECTS
AND INSPECTION OF CONSTRUCTION OF PUBLIC INFRASTRUCTURE AND
SCHOOL FACILITIES
WHEREAS, the City of Anna, Texas (the "City") is a home -rule municipality that provides
inspections of the construction of public infrastructure and new facilities within the corporate
limits of the City; and
WHEREAS, Anna Independent School District (the "District") intends to construct a wide range
of new facilities necessary to serve the City's growing population; and
WHEREAS, the City and the District are collectively referenced as "Parties"; and
WHEREAS, the respective governing bodies of the City and the District are composed of local
elected officials serving in a public capacity; and
WHEREAS, the City desires to enter into an interlocal cooperation agreement (the "ILA") with
the District to establish construction times and to facilitate efficient inspections of the District's
construction of public infrastructure and new facilities; and
WHEREAS, the Parties are authorized to enter into the ILA under Chapter 791 of the Texas
Government Code;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council of the City of Anna, Texas hereby approves the Interlocal Cooperation
Agreement attached hereto as Exhibit A, incorporated herein for all purposes, and authorizes,
ratifies, and approves the City Manager's execution of the same.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this l �i��-ay of
Q L 2022.
o
ATTEST: t ° A APPROVED -
art h {,v
City Secretary, Carrie L. Land - :' Mayor, Nate Pike
„7 E)(
EXHIBIT "A"
(see following pages)
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF ANNA
AND THE
ANNA INDEPENDENT SCHOOL DISTRICT
STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS
COUNTY OF COLLIN §
This Interlocal Coo eration Agreement (this "ILA") is entered into this
day of d9 1, 2022, by and between the City of Anna, Texas, a
home -rule municipality (the "City") and Anna Independent School District, a Texas
public school district (the "District"), (collectively "the Parties").
WITNESSETH
WHEREAS, the Engineering Division of the City's Public Works Department
(the "Engineering Division") oversees inspection of the construction and
rehabilitation of all public infrastructure owned and operated by the City for use and
benefit of the public, including public roads, sidewalks, water systems, sewer
systems, and drainage systems under applicable provisions of The Anna City Code of
Ordinance and other City policies, regulations, and practices (collectively, "City
Regulations"); and
WHEREAS, the City's Building Inspections Department (the "Building
Inspection Department") oversees inspection of all new construction of public and
private improvements requiring one or more building permits under City regulations;
and
WHEREAS, the City's Fire Department ("Fire Department") oversees the
inspection of all fire suppression systems and infrastructure related to firefighting and
emergency response under applicable City regulations; and
WHEREAS, the District constructs and rehabilitates public infrastructure as well
as facilities owned, controlled, and/or operated by the District (collectively, "District
Project(s)"); and
WHEREAS, the Parties are authorized to enter into this ILA under Chapter 791
of the Texas Government Code and the Parties desire to enter into this ILA to provide
for mutually beneficial and efficient inspections of District Construction Projects; and
WHEREAS, under Texas Government Code § 791.011(d)(3), any party paying
for the performance of governmental functions or services under this ILA must make
those payments from current revenues available to the paying party;
NOW, THEREFORE, the above recitals are incorporated herein for all purposes
and the Parties, for and in consideration of the mutual promises, terms, covenants,
and conditions set forth herein, enter into this ILA as follows:
SECTION I. CONSTRUCTION PLAN REVIEW, APPROVAL, AND RELEASE
A. The Building Inspections Department shall review all building permit
requests and issue permits in accordance with City Regulations. The
Engineering Division shall review all civil engineering construction
plans for public infrastructure and issue permits in accordance with
City Regulations.
B. Once the Engineering Division has completed its first review of the
civil engineering construction plans for a District Project, the District
may request a permit for early -grading activities by providing the
Engineering Division with a copy of the applicable grading plan,
erosion control plan, and stormwater pollution prevention plan
(collectively, the "Early -Grading Submittal") in digital format. Upon
determining that all required Early -Grading Submittal is complete and
satisfactory, the City shall approve and release the early grading
permit within one (1) business day following such determination.
There shall be no fee for the early grading permit.
C. Granting of an early -grading permit is not an approval of the civil
construction plans for a District Project. The District and the City
understand that civil construction plans often change between the first
plan review and final City approval. As such, all work completed by
the District and their employees, contractors, and subcontractors under
an early -grading permit is considered "At Risk." At Risk is defined
as: the District and their employees, contractors, and subcontractors
shall bear full responsibility for any impacts beginning work on the
project prior to civil engineering construction plan approval may have
on the project budget, schedule, and materials.
D. Approval by the City, the City's engineer(s), or a City employee or
representative, of any plans, designs, or specifications submitted by
the District under this ILA or pursuant to City Regulations shall not
constitute or be deemed to be a release of the responsibility and
liability of the District, its engineer(s), employees, officers, or agents
for the accuracy and competency of any plans, designs or
specifications. Further, any such approvals shall not be deemed to be
an assumption of such responsibility and/or liability by the City for
any defect in the plans, designs and/or specifications prepared by the
District or the District's engineer(s), or its officers, agents, servants or
employees, it being the intent of the parties that approval by the City's
engineer(s) signifies the City's approval on only the general design
concept of the improvements or facilities to be constructed.
SECTION II. CONSTRUCTION OPERATIONS
A. Subject to the restrictions in this ILA, the District and its employees,
contractors, and subcontractors may perform construction operations
and activities on the District Projects on all days of the year, except for
New Year's Day, Memorial Day, the Fourth of July, Labor Day,
Thanksgiving Day, and Christmas Day. For the purposes of this
section, "construction" includes inside or outside new construction,
remodeling, rehabilitation, and demolition of a structure when such
construction requires a City -issued building permit; the term also
includes any on -site or off -site improvements (including but not
limited to grading, excavation, landscaping, paving, and similar
activity). Delivery and loading/unloading of materials or equipment is
considered "construction" for the purposes of this section if said
activities involve use of a forklift, dump truck, backhoe, or other
similar heavy equipment.
B. Unless the District provides written notice required under Paragraph
C, below, the District and their employees, contractors, and
subcontractors may perform normal outside construction operations
and activities on District Projects during the hours of 6am to 9pm
Monday through Saturday and Sam to 6pm on Sunday without
providing notification to the public or the City.
C. The District will provide advance written notice to all businesses and
residences having physical mailing addresses on properties any part of
which are within 500 feet of the construction area if any outside
construction activity is to take place before 6am or after 9pm on
Monday through Saturday, or before Sam or after 6pm on Sunday.
D. The District and their employees, contractors, and subcontractors may
perform interior construction work within enclosed buildings on the
District property on all days of the year at any time as approved by the
District School Board and/or District Administration.
E. The District and their employees, contractors, and subcontractors may
perform Emergency Construction Work on the District property at any
time. Emergency Construction Work shall be defined as installation,
replacement, or repair of critical building systems in an existing
facility with an existing Certificate of Occupancy which are deemed
by District Administration to be necessary to protect the health, safety,
and welfare of District employees, students, and other occupants of the
facility.
SECTION III. INSPECTIONS
A. The City will provide all building inspections and enforce building
codes, construction standards, and City Regulations.
B. All work taking place during the construction operation times
identified in Section II which are subject to City inspection approval
shall remain accessible to City staff for inspection prior to work being
enclosed or covered. The City may require work to be uncovered, at
no cost to the City, when covered in violation of this requirement.
C. The District and their employees, contractors, and subcontractors shall
not cover up, enclose, or otherwise prevent access to construction
work requiring inspection by the Building Inspections Department.
This includes, but is not limited to structural, mechanical, plumbing,
electrical, and fire suppression systems. covered. The City may
require, at no cost to the City, work to be uncovered when covered in
violation of this requirement.
D. The District and their employees, contractors, and subcontractors may,
at the discretion of the District School Board and District
Administration, choose to waive inspections of Non -Structural
Concrete Flatwork. Non -Structural Concrete Flatwork shall be defined
as and limited to concrete paving for sidewalks, parking spaces, patios,
and non-firelane drive aisles located entirely on the District property.
No other inspections shall be waived by the City. Should the District
choose to waive the inspection, District Administration shall provide a
letter in paper or electronic format to the City Building Official no less
than 24 hours prior to construction of Non -Structural Concrete
Flatwork taking place. The City shall not charge any inspection fees
for waived inspections of Non -Structural Concrete Flatwork. The
maintenance, repair, replacement, and warranty of Non -Structural
Concrete Flatwork shall be the sole responsibility of the District, their
contractors, and sub -contractors.
E. All Public Improvements shall be inspected by the Engineering
Division in accordance with the City's Engineering Design
Guidelines, Anna Public Works Department policies and procedures,
and City Regulations.
SECTION IV. COMPLETION AND ACCEPTANCE OF PUBLIC
IMPROVEMENTS
A. Once public water improvements, public sanitary sewer
improvements, public drainage improvements, and main lanes of
public roadways are complete, in place, and have passed testing
policies and procedures, the Engineering Division shall deem the
public improvements on the District projects as Substantially
Complete. The City shall issue the District a Substantial Completion
Letter, recognizing that this status has been met, and providing a list of
remaining work required for City Acceptance of the public
improvements.
B. Once a Substantial Completion Letter has been issued for the project
by the Engineering Division, the District may submit their final plat
for review and approval.
C. Once all required maintenance bonds have been furnished to the City
and all items identified in the Substantial Completion Letter have been
addressed by the District, the Engineering Division shall issue the
District a letter of acceptance for the public improvements. Upon
issuance of the letter, the City will commence ownership and
operation of the public improvements.
SECTION V. TEMPORARY CERTIFICATE OF OCCUPANCY
A. The District may submit a request to the City for a Temporary
Certificate of Occupancy for any new facility once the following
conditions are met:
i. Public Improvements are deemed Substantially Complete by
the Engineering Division;
H. The facility has passed a Fire Department final inspection and
received a green tag from the City Fire Marshal; and
iii. The Building Official determines that the building systems are
sufficiently complete to allow for use of the facility by the
District for its intended purpose.
B. A Temporary Certificate of Occupancy for a District facility shall not
be withheld by the City if conditions A(i)-A(iii) are met.
C. Concurrent with the issuance of a Temporary Certificate of
Occupancy, the City shall provide the District with a list of the
remaining items to be completed in order to meet the conditions
required for the issuance of a final Certificate of Occupancy.
SECTION VI. CERTIFICATE OF OCCUPANCY
A. Upon completion of all items identified in Section V above, including
completion of all final inspections, the District may submit a request
to the City for a final Certificate of Occupancy.
B. The City and the District understand that during periods of drought,
severe weather, and excessively high or low ambient temperatures, the
installation of landscaping features, including sod, trees, shrubs, and
assorted plantings may not be practical. As such, the City agrees to
not withhold issuance of a Certificate of Occupancy for a District
facility when the conditions dictate that the installation of landscaping
is not practical. Such a determination shall be made collectively by the
District Administration and the Engineering Division.
C. The District agrees to install and maintain erosion control devices on
the property to ensure Federal, State, and Local compliance with
Stormwater Pollution Prevention requirements until such a time when
landscaping improvements are installed and in place to prevent erosion
and runoff of sediment into the public drainage system. Furthermore,
the District agrees to install all landscaping shown in the construction
plans for the facility within 6 months of the issuance of the Certificate
of Occupancy.
SECTION VII. INSURANCE / INDEMNIFICATION / STATUS OF PARTIES
A. The District and/or its contractor(s) shall acquire and maintain, during the
period of time when any public infrastructure is under construction (and until
the full and final completion of the public infrastructure and acceptance thereof
by the City): (a) workers compensation insurance in the amount required by
law; and (b) commercial general liability insurance including personal injury
liability, premises operations liability, and contractual liability, covering, but
not limited to, the liability assumed under any indemnification provisions of
this The District, with limits of liability for bodily injury, death and property
damage of not less than $1,000,000.00. Such insurance shall also cover any and
all claims which might arise out of the public infrastructure construction
contracts, whether by the District, a contractor, subcontractor, material man, or
otherwise. Coverage must be on a "per occurrence" basis. All such insurance
shall: (i) be issued by a carrier which is rated "A-l" or better by A.M. Best's
Key Rating Guide and licensed to do business in the State of Texas; and
(ii) name the City as an additional insured and contain a waiver of subrogation
endorsement in favor of the City. Upon the execution of public infrastructure
construction contracts, the District shall provide to the City certificates of
insurance evidencing such insurance coverage together with the declaration of
such policies, along with the endorsement naming the City as an additional
insured. Each such policy shall provide that, at least 30 days prior to the
cancellation, non -renewal or modification of the same, the City shall receive
written notice of such cancellation, non -renewal or modification.
B. INDEMNIFICATION and HOLD HARMLESS. DISTRICT, INCLUDING
ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT
AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND
INDEMNIFY THE CITY AND ITS OFFICIALS, OFFICERS, AGENTS,
REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY,
THE "RELEASED PARTIES"), FROM AND AGAINST ALL THIRD -
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS
AGAINST THE CITY OR ANY OF THE RELEASED PARTIES,
INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S
FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT
FEES, AND OTHER COSTS ACTUALLY INCURRED ("TOGETHER,
"CLAIMS"), ARISING OUT OF THE NEGLIGENCE OR OTHER
WRONGFUL CONDUCT OF THE DISTRICT, INCLUDING THE
NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, MATERIALMEN, AND/OR AGENTS, IN
CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY
PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES
OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER
THIS ILA AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE
DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING
REGULATIONS. THE DISTRICT SHALL NOT, HOWEVER, BE
REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED
BY THE CITY' S NEGLIGENCE, WHETHER SOLE,
CONTRIBUTORY, OR COMPARATIVE. IF THE CITY INCURS
CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE
OF THE DISTRICT AND THE CITY, THE DISTRICT'S INDEMNITY
OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL
CLAIMS EQUIVALENT TO THE DISTRICT'S OWN PERCENTAGE OF
RESPONSIBILITY.
C. At no time shall the City have any control over or charge of the District's design,
construction or installation of any of the Public Infrastructure, nor the means,
methods, techniques, sequences or procedures utilized for said design,
construction or installation. This The District does not create a joint enterprise
or venture or employment relationship between the City and The District.
SECTION VIII. MISCELLANEOUS
A. The Parties agree that this ILA is subject to amendment or
modification as needed to provide for the maximum operational
efficiency of both Parties. The Parties further agree that any
amendment or modification of the terms of this ILA must be mutual,
and that no such amendment or modification shall be binding unless it
is in writing, dated subsequent to the date of the full execution of this
ILA, and duly executed by the Parties to this ILA.
B. Nothing in this ILA shall be deemed to create, by implication or
otherwise, any duty, responsibility or right as to either Party, except
with respect to the subject matter of this ILA as specifically set forth
herein. This ILA does not and shall not be interpreted to limit or
extend any governmental authority or discretion except as specifically
set forth herein.
C. Nothing in this ILA shall be deemed to extend or increase the
jurisdiction or authority of either the District or the City except as
necessary to give effect to this ILA. All the governmental functions
and services of the District shall be and remain the sole responsibility
of the District. All governmental services and functions of the City
shall be and remain the sole responsibility of the City.
D. Nothing contained in this ILA shall be deemed or construed by the
Parties to it, or by any third party, as creating the relationship of
principal and agent, joint venturers, partners or any other similar such
relationship.
E. Nothing in this ILA shall be deemed to waive, modify or amend any
legal defense available at law or in equity to either Party nor to create
any legal rights or claim on behalf of any third party. The Parties
hereto shall cooperate fully in opposing any attempt by any third
person or entity to claim any benefit, protection, release, or other
consideration under this ILA. Neither Party waives, modifies, or alters
to any extent whatsoever the availability of the defense of sovereign or
governmental immunity under the laws of the State of Texas or any
individual person's immunity under state or federal law.
F. This ILA inures to the benefit of and obligates only the Parties
executing it. No term or provision of this ILA shall benefit or obligate
any person or entity not a party to it. The Parties to this ILA shall
cooperate fully in opposing any attempt by any person or entity not a
party to this ILA to claim any benefit, protection, release or other
consideration under this ILA.
G. Any notice, request, demand, report, certificate or other instrument
which may be required or permitted to be furnished to or served upon
the parities shall be deemed sufficiently given or finished or served if
in writing and deposited in the United States mail, registered or
certified, return receipt requested, addressed to such party at the
address set forth below:
IF TO CITY OF ANNA: City of Anna
Attn: City Manager
120 W. Seventh Street
Anna, TX 75409
IF TO the District: Anna Independent School District
Attn: Superintendent
501 S Sherley
Anna, TX 75409
H. This ILA may be terminated at any time with or without cause. The
Parties agree that notice of termination shall be made in writing and
must be given at least sixty (60) days in advance of the termination
date.
I. In the event any provision of this ILA shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding
shall not invalidate or render unenforceable any other provision
hereof, but rather this entire ILA will be construed as if not containing
the particular invalid or unenforceable provision or provisions, and the
rights and obligations of the parties hereto shall be construed and
enforced in accordance therewith. The parties hereto acknowledge that
if any provision of this ILA is determined to be invalid or
unenforceable, it is their desire and intention that such provision be
reformed and construed in such a manner, the maximum extent
practicable, that it will be valid and enforceable.
J. This ILA may be simultaneously executed in several counterparts,
each of which shall be an original and all of which shall be considered
fully executed when all parties have executed an identical counterpart,
notwithstanding that all signatures may not appear on the same
counterpart.
[Signature page follows.]
CITY OF A A
By:
Jjfn P ce, City Manager
Date:
IN WITWS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the & ' day of Clft'
2022, personally appeared Jim Proce, known to me (or proved to me) to be the
person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same in his capacity as City Manager of the City of
Anna, Texas.
CAME L.LAND
r; My Notary ID # 11419W Notary Public, State of Texas
+ Wres February 4, 2023
(
ANNA INDEPENDENT SCHOOL DISTRICT
LE
Michael Comeaux, Superintendent
Date:
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned notary public, on the day of
2022, personally appeared Michael Comeaux, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me
and verified that he/she executed the same for the purposes and consideration
therein expressed and in his/her capacity as Superintendent of Anna Independent
School District.
Notary Public, State of Texas
(SEAL)