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Ordinance No. 10,517 ORMNANCE NO, 10,517 A`� C)1,'1A)1\AN('E OF THE C-61" COUNCIL OF THF CITY CT' BAVF0W& TEXAS. Al-�THO1' 0NG wrEITIAVAL AGREEMENTS MiFlli THE GOOK CREEK, CONSOLIDATED INDEPENDFNI" SCHCXA. 119 1-[,�I CT F0 P, L[\M I T E I) FINS]"E("HON SERVICES C0N(-J,,RN1 1(.3111 F N 1,,,W I IKJI I SCI 10(-,)I,, U)CATED AT THE' 1NJ1°RSLCIION OF NORTH MAIN S-FR[.,1,`]` AND \VAL1..9 Vll,-A-,E ROAD AND FOR 1NSPE�,CTION Sl.,'PV1(T',S CONCERNP,'i�)f CROCKETT ELFMENTAR�' SCHOOL: AND PROVID&V F(AT THE EFFECTnT DATE THEREOF. 4-o k*x*y-*tA,,*4p*$r�,j, ;4 13 E ITO P,1)A I N 1.-�D BY' T I 1 E CITY N C1 L 0 F I I I L (TTY Cat B A Y]"()"(V N, TE X A S: Sehon L I hat Te Cly (Vu"d of to Cly of Baywmm 1waby awhwkes wK chmos die (My %nager to execule an BaKA agwertmi "Oh the Gmse Qmk Com=ated JmQpmdwH SchN Dist6cl for hillited inspection services emwomig the not ligh schoW Vaud w the hmemenlon of UK M"'611 Street and \Vauisvik Road. SAd agmement is miched ns ENANt -AC and AwmTomwd hervin 0, ,dl intents and pmposes ScoWn 2: That the Cky ComwH of We Al or Bvilown hereby nwhorizes and directs We Mavmger to execute m interlocal agreement whh Te (,4,,)osc,, Creek Consa)hdmcd Independent Schoitl Df sl6ct tor jn-�peclion servicc,s concovhg (hwkwl Elemonmy School. Sald ad-,reemem is atiached L010 -B- and Kampmawd havin ft)r al kal�,nls and purposes, Satkn 3: TV orInmw sh,,ffl take afteat trrmwdiate y fi-0111 and after uIs passag-�e h'y the 0t)' COLHICil cat the City of Bayiwvn. INTRODUCID, READ, and PASSLI) b,,,,� (Ile "'Iffirrilative Vote wf the C'ily (",ouncil offlie, (.ity of [hylo wn ON the I 1 day c0anumy, 2M17 ...... . .........- s '1N' I ONCARLOS, Nlayor'r I p,1!1 FN 101 ............. c rk APPROVED AS TU FORA4- eYRNION) RAN111U./, SRI- INTERLOCAL AGREEMENT FOR LIMITED INSPECTION SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Interlocal Agreement for Limited Inspection Services for the third high school (the "Agreement") is made and entered into pursuant to the Interlocal Cooperation Act by and between the CITY OF BAYTOWN, a municipal corporation located in Hams and Chambers Counties, Texas, (the "City") and the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, a governmental body,organized and existing by virtue of the laws of the State of Texas,(the"District"). WHEREAS, the District plans on constructing a third high school located at the intersection of North Main Street and Wallisville Road, which is outside the corporate limits of the City(the"Project"); and WHEREAS, the District desires to build the Project in accordance with the applicable building, plumbing, mechanical and electrical codes adopted by the City and as amended in Chapter 18 of the Code of Ordinances, Baytown,Texas;and WHEREAS, the District has requested that the City perform limited inspection services for life- safety issues for the Project on behalf of the District; and WHEREAS, the City is agreeable to performing the requested services under the terms and conditions expressed herein; NOW THEREFORE, the City and the District, in consideration of the mutual covenants, agreements and benefits herein contained,do mutually agree as follows: I. DISTRICT'S RESPONSIBILITIES 1.01 Submittal of Qualifications. Upon the execution of this Agreement, the District shall file a statement of qualifications concerning the qualifications and reliability of its third-party inspection agency for the Chief Building Official's approval. The agency shall employ inspectors who are qualified and have demonstrated competence for the necessary inspections. Such employees shall be certified by the International Code Council in the specific discipline that he/she will be inspecting on-site. Only the agency and persons approved hereunder by the Chief Building Official shall be authorized to perform inspection services on the Project. 1.02 Submittal of Applications, Plans and Inspection Reports. Within ten (10) days from the Chief Building Official's approval of the third-party inspection agency (the "Agency"), the District shall file a building permit application and all other associated permit applications with the Chief Building Official of the City or his designee (collectively hereinafter referred to as the "Chief Building Official"). Additionally, the District shall submit to the Chief Building Official two complete set of plans approved by the Agency and all prior inspection reports of the Agency. Interlocal Agreement Page 1 EMIT A 1.03 Payment of Fees. The District understands and agrees that it will be subject to a permit fee, inspection fees totaling FORTY-TWO THOUSAND FIFTY-SIX AND NO/100 DOLLARS ($42,056.00), which shall be paid upon tendering the permit application to the Chief Building Official as required in Section 1.02 hereof. 1.04 Inspection Reports. The District shall cause the Agency to keep records of all inspections performed on the Project. The Agency shall furnish inspection reports to the Chief Building Official within three business days of an inspection. Reports shall indicate that work inspected was done in accordance with the construction documents approved by the District and the Agency. Discrepancies shall be brought to the immediate attention of the contractor for correction. If the discrepancies are not corrected the discrepancies shall be brought to the attention of the Chief Building Official prior to completion of that phase of the work. A final report documenting inspections and corrections of any discrepancies noted in the inspection reports shall be submitted to the Chief Building Official prior to final inspection of the Project by the City. 1.05 Inspection Requests. It shall be the duty and responsibility of the District to request inspections of life-safety issues at critical phases of the Project and as may otherwise be required by the codes and ordinances of the City. The Project site shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the City's codes or ordinances. Inspections presuming to give authority to violate or cancel the provisions of the City's codes and ordinances are invalid. Neither the City nor its officers, agents or employees shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 1.06 Deficiencies. The Project shall be built in conformance with the applicable building, plumbing, mechanical and electrical codes adopted by the City and as amended in Chapter 18 of the Code of Ordinances, Baytown, Texas. Should the City note a deficiency in any of the work performed, whether or not, it has been previously approved by the Agency or the Chief Building Official,the District understands and agrees that such deficiency shall be corrected and brought into compliance with the above-referenced codes without claim or liability to the City. 1.07 Release. By this Agreement, the City does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. Nothing contained herein shall be construed in any way so as to waive in whole or part the City's sovereign immunity. The District assumes full responsibility for the Project and hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person(whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project. This release includes the cost of defense of any claim and any loss of or damage to property (whether property of the parties or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project whether or not said claims, demands, and causes of action are covered in whole or in part by insurance. Interlocal Agreement Page 2 II. CITY'S RESPONSIBILITIES 2.01 Provision of Services. a. Generally. The Chief Building Official of the City shall receive the District's applications and submittals, perform a limited review construction documents for life safety issues, issue permits as appropriate, perform limited inspection services for life safety issues, and enforce compliance with the provisions of the City's codes and ordinances. b. Inspections. Except as otherwise provided herein, the Chief Building Official shall make limited on-site inspections of all building components, including the building, electrical, mechanical and plumbing systems, at various stages of construction of the Project to determine, in general, compliance with all applicable codes and ordinances of the City of Baytown as the same apply to life-safety issues. C. Documents and Information. The Chief Building Official shall be entitled to rely on the accuracy of information provided by the District, the Agency, and its consultants. Additionally, the Chief Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections made, and notices and orders issued. 2.02 Limitation of Services. The City is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work,but shall be required to make limited life- safety inspections in response to inspection requests from the District. It is expressly understood and agreed that the City shall neither have control over or charge of, nor be responsible for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Project. Neither observations by the Chief Building Official nor inspections,tests, or approvals made by the Chief Building Official shall relieve the District or its contractors from its obligation to perform the work in accordance with the requirements of the codes and ordinances of the City. Furthermore, the designing engineer of the foundation, structural steel and masonry wall is responsible for inspecting, certifying and providing a letter to the City certifying these elements are constructed in accordance with his/her design. III. TERM Except as otherwise provided herein, this Agreement is effective on the date the City Manager signs this Agreement until completion and acceptance of the Project by the District. This Agreement, however,may be terminated with or without cause by either party upon(60) days' prior written notice. Iv. PAYMENTS FROM CURRENT FUNDS The City and the District agree that each will pay for all expenses associated with this Agreement for which it is responsible from then current revenues available to each entity. lnterlocal AUeement Page 3 V. MISCELLANEOUS PROVISIONS 5.01 Entire Agreement. This instrument contains the entire Agreement between the parties relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing signed by all parties hereto. 5.02 Compliance with Applicable Laws. The District and the City shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. 5.03 Assignment. The District may not sell or assign all or part interest in activities to another party or parties without the express written approval of the City Manager of such sale or assignment. 5.04 Notices. Except as otherwise provided herein, all notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three(3) days after the date of mailing thereof to the following addresses: DISTRICT Goose Creek Consolidated Independent School District Attn:Superintendent P.O. Box 30 Baytown,TX 77522 Fax No.(281)420-4854 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown,TX 77522 Fax No.(281)420-6586 5.05 Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 5.06 Governing Law. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City,regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. 5.07 Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Interlocal Agreement Page 4 5.08 No Right to Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and the District hereby agree that no claim or dispute between the City and the District arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act(9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including,but not limited to,the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the District consents to be joined in the arbitration proceeding if the District's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 5.09 No Third Party Beneficiaries. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the District and the City only. 5.10 Headings. The article and section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation 5.11 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement,it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 5.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 5.13 Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of 2006, the date of execution by the City Manager of the City of Baytown. GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN INDEPENDENT SCHOOL DISTRICT DR. BARBARA SULTIS GARY JACKSON Superintendent of Schools City Manager Date: �� I !0 Date: ATTEST: ATTEST: (4z�-,� J N EMI GARCIA LORRI COODY Board Secretary City Clerk Date: /.� /0,l,ll/ Date: R-WUmn\Filcs\ContmcuUnterlocal AgreementMaspcctioa5miciil ETJ4ThirdHighSchool.doc Interlocal Aereement Page 5 INTERLOCAL AGREEMENT FOR INSPECTION SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Interlocal Agreement for Inspection Services for Crockett Elementary (the "Agreement") is made and entered into pursuant to the Interlocal Cooperation Act by and between the CITY OF BAYTOWN, a municipal corporation located in Hams and Chambers Counties, Texas, (the "City") and the GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, a governmental body, organized and existing by virtue of the laws of the State of Texas,(the"Districfl. WHEREAS, the District plans on constructing and/or renovating Crockett Elementary (the "Project"),which is outside the corporate limits of the City;and WHEREAS, the District desires to build the Project in accordance with the applicable building, plumbing, mechanical and electrical codes adopted by the City and as amended in Chapter 18 of the Code of Ordinances,Baytown,Texas; and WHEREAS, the District has requested that the City perform plan review and inspection services for the Project on behalf of the District; WHEREAS, the City is agreeable to performing the requested services under the tetras and conditions expressed herein; NOW THEREFORE, the City and the District, in consideration of the mutual covenants, agreements and benefits herein contained,do mutually agree as follows: I. DISTRICT'S RESPONSIBILITIES 1.01 Permits. Before any work is to be performed on the Project after the design thereof, the District shall file a building permit application and all other associated permit applications with the Chief Building Official of the City or his designee (collectively hereinafter referred to as the "Chief Building Official"). No work shall be performed in furtherance of the Project until the required permits have been obtained. 1.02 Payment of Fees. The District understands and agrees that it will be subject to the permit fees, inspection and plan review fees as specified in Sections 18-127, 18-255, 18462, 18-589, 18-623, and elsewhere in the of the Code of Ordinances, as applicable, as the same now exists or may hereinafter be amended. 1.03 Inspection Requests. It shall be the duty and responsibility of the District to request inspections at critical phases of the Project and as may otherwise be required by the codes and ordinances of the City. The Project site shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the City's codes or ordinances. Inspections presuming to give Interlocal Agreement Page 1 E!>tM authority to violate or cancel the provisions of the City's codes and ordinances are invalid. Neither the City nor its officers, agents or employees shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 1.04 Release. By this Agreement, the City does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. Nothing contained herein shall be construed in any way so as to waive in whole or part the City's sovereign immunity. The District assumes full responsibility for the Project and hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project. This release includes the cost of defense of any claim and any loss of or damage to property (whether property of the parties or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project whether or not said claims, demands, and causes of action are covered in whole or in part by insurance. H. CITY'S RESPONSIBILITIES 2.01 Provision of Services. a. Generally. The Chief Building Official of the City shall receive the District's applications, review construction documents, and issue permits as appropriate, perform inspections, and enforce compliance with the provisions of the City's codes and ordinances. b. Inspections. Except as otherwise provided herein,the Chief Building Official shall make all of the required on-site inspections of all building components, including the building, electrical, mechanical and plumbing systems, at various stages of construction of the Project to determine compliance with all applicable codes and ordinances of the City of Baytown. C. Documents and Information. The Chief Building Official shall be entitled to rely on the accuracy of information provided by the District or its consultants. Additionally, the Chief Building Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections made, and notices and orders issued. 2.02 Limitation of Services. The City is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, but shall be required to make inspections in response to inspection requests from the District. It is expressly understood and agreed that the City shall neither have control over or charge of, nor be responsible for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Project. Neither observations by the Chief Building Official nor inspections, tests, or approvals made by the Chief Building Official shall relieve the District or its contractors from its obligation to perform the work in accordance with the requirements of the codes and ordinances of the City. Furthermore, the designing engineer of the foundation, structural steel Interlocal Agreement Page 2 and masonry wall is responsible for inspecting, certifying and providing a letter to the City certifying these elements are constructed in accordance with his/her design. IIL TERM Except as otherwise provided herein, this Agreement is effective on the date the City Manager signs this Agreement until completion and acceptance of the Project by the District. This Agreement, however,may be terminated with or without cause by either party upon(60)days' prior written notice. IV. PAYMENTS FROM CURRENT FUNDS The City and the District agree that each will pay for all expenses associated with this Agreement for which it is responsible from then current revenues available to each entity. V. MISCELLANEOUS PROVISIONS 5.01 Entire Agreement. This instrument contains the entire Agreement between the parties relating to the rights hereunder granted and the obligations herein assumed. Any oral representation or modifications concerning this Agreement shall be of no force or effect, excepting a subsequent modification in writing signed by all parties hereto. 5.02 Compliance with Applicable Laws. The District and the City shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. 5.03 Assignment. The District may not sell or assign all or part interest in activities to another party or parties without the express written approval of the City Manager of such sale or assignment. 5.04 Notices. Except as otherwise provided herein, all notices required to be given hereunder shall be given in writing either by telecopier, overnight, or facsimile transmission, certified or registered mail at the respective addresses of the parties set forth herein or at such other address as may be designated in writing by either party. Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the following addresses: DISTRICT Goose Creek Consolidated Independent School District Attn: Superintendent P.O. Box 30 Baytown,TX 77522 Fax No.(281)4204854 Interlocal Agreement Page 3 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown,TX 77522 Fax No.(281)420-6586 5.05 Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 5.06 Governing Law. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City,regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown,Harris County,Texas. 5.07 Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 5.08 No Right to Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and the District hereby agree that no claim or dispute between the City and the District arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act(9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including,but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the District consents to be joined in the arbitration proceeding if the District's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 5.09 No Third Party Beneficiaries. This Agreement shall not bestow any rights upon any third party,but rather, shall bind and benefit the District and the City only. 5.10 Headings. The article and section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation 5.11 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement,it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 5.12 Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 5.13 Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Interlocal Agreement Page 4 Agreement on the _ day of 2006, the date of execution by the City Manager of the City of Baytown. GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN INDEPENDENT SCHOOL DISTRICT 13 i6t4" DR. BARBARA SULTIS GARY JACKSON Superintendent of Schools City Manager Date: �1 I IOlo Date: ATTEST: ATTEST: tNMI GAR LORRI COODY B Sec'rletary City Clerk Date• /j /��� Date: R:\Karen\Files\ContractsUnterlocal Agreement\lnspectiortServicesNET14Crocl ettElementary.doc Interlocal Agreement Page 5