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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)