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HomeMy WebLinkAboutResolution - 2022-R0169 - Interlocal Agreement with TTU for Education ComplexResolution No. 2022-RO169 Item No. 7.19 April 12, 2022 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the acts of the City Manager of the City of Lubbock in executing on behalf of ►e City of Lubbock, an Interlocal Agreement by and between the City of Lubbock and the exas Tech University for Building and Fire Safety Inspection Services, and related documents �e hereby ratified in full. Said Agreement is attached hereto and incorporated in this .esolution as if fully set forth herein and shall be included in the minutes of the City Council. assed by the City Council this 12th day of Aril , 2022. DAN POPE, MAYE)R TTEST: APPROVED AS TO CONTENT: C esfca—McINachern, Assistant City Manager APPROVED AS TO FORM: nterlocal Agreement-TTU Building and Fire Safey.res .29.22 Resolution No. 2022-RO169 STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT COUNTY OF LUBBOCK § THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act (Chapter 791, Government Code) by and between the City of LUBBOCK, TEXAS hereinafter referred to as "CITY" and TEXAS TECH UNIVERSITY, hereinafter referred to as "TTU." WHEREAS, TTU is a component of Texas Tech University System, an institution of higher education of the State of Texas operating under the general laws of the State of Texas; and CITY is a home rule municipal corporation operating under the charter of the municipality; and WHEREAS, TTU owns the property located at t h e T T U p r o p e r t y("Property") listed on Exhibit A, Lubbock, Texas; and WHEREAS, TTU has leased the Property to Lubbock Independent School District ("LISD"); and WHEREAS, LISD plans to construct an agricultural science, technology, engineering, and mathematics education complex for instructional and educational programs in line with LISD's statutory mission, along with all related buildings and systems (collectively "Project"); and WHEREAS, TTU will not in the short term own the above -described complex of buildings, but may obtain ownership at some future date upon the termination of the ground lease for the properties collectively located at the Property; and WHEREAS, Teinert Construction, as a Texas corporation, has requested the CITY to conduct certain building inspection services to facilitate the construction of the project and TTU desires to grant permission for the CITY to enter the Property for the purpose of conducting said building inspection services; and WHEREAS, CITY finds that it is in the public's health safety and welfare and a public benefit to the citizens of Lubbock to provide building inspection services to facilitate the construction of the Property: NOW THEREFORE, the following agreement is entered by and between CITY and TTU: 1. TERM. The term of this Agreement shall be for a period of two (2) years commencing on the date of execution of the Agreement, subject to earlier termination as provided in paragraph 6. INTERLOCAL AGREEMENT - LUBBOCK. TTU 2. CITY agrees to the following: a. CITY shall conduct the following activities on the Property for the construction of the Project: Construction document plan review, permitting and field inspection services pursuant to Chapter 6, Articles I- V, VII and VIII of the City of Lubbock Code of Ordinances for all architectural, structural, plumbing, mechanical, electrical, elevators, fire suppression, and life safety building systems. b. All activities conducted by the CITY as contemplated by this Agreement shall be governed by the City of Lubbock Code of Ordinances. All construction standards shall meet or exceed the standards set forth within Chapter 28, Articles 28.01-28.06, and 28.09- 28.16 of the City of Lubbock Code of Ordinances for all architectural, structural, plumbing, mechanical electrical, elevators, fire suppression, and life safety building systems. C. CITY Fire Marshal shall in conjunction with the TTU Fire Marshal conduct all plan reviews, test, and inspect all Fire alarm, Fire Sprinkler, Elevator Recall, HVAC Shutdown, Fire Alarm transmission to Monitoring Station, Fire Extinguisher Placement, Fire Doors and Emergency Egress to ensure minimum code compliance has been met for each system. CITY Fire Marshal shall sign joint compliance letter. In the case that the CITY Fire Marshal and the TTU Fire Marshal disagree as to compliance, the CITY Fire Marshal shall prevail. d. Upon determination that the Property has met all applicable technical requirements, as determined by plan review and field inspections, a certificate of occupancy will be issued for each building by the CITY. e. CITY shall provide to TTU a copy of all plan reviews, permits, inspection reports and certificate of occupancy. f. CITY shall charge fees associated with all plan reviews, permits, contractor registrations, inspections, and re -inspections per the City of Lubbock Code of Ordinances for any activities conducted pursuant to this Agreement to LISD. Procedural requirements for obtaining any plan review, permits, contractor registrations, inspections, re -inspections, and a certificate of occupancy shall apply in the same manner as if the project were within the jurisdiction of the CITY, except that compliance with locally adopted ordinances and codes will be compelled only through the decision to issue or withhold a final certificate of occupancy. 3. TTU agrees to the following: a. TTU shall grant permission to the CITY to enter the Property for the purposes of conducting all activities contemplated by this Agreement. INTERLOCAL AGREEMENT - LUBBOCK' TTU 2 TTU does hereby acknowledge that the CITY has the authority, jurisdiction and right to enter the Property for the purposes of conducting all activities contemplated by this Agreement. b. TTU shall ensure that the Storm Water Pollution Prevention Plan (SWPPP) is prepared and implemented, and that all Notices of Intent (NOI) are fled and permits obtained and posted on site. TTU shall provide oversight and compliance of the TCEQ Construction General Permit for Storm Water. C. TTU under authority of the State Fire Marshal and in conjunction with the CITY Fire Marshal shall conduct all plan reviews, test, and inspect all Fire alarm, Fire Sprinkler, Elevator Recall, HVAC Shutdown, Fire Alarm transmission to Monitoring Station, Fire Extinguisher Placement, Fire Doors and Emergency Egress to ensure minimum code compliance has been met for each system. . In the case that the CITY Fire Marshal and the State Fire Marshal disagree as to compliance, the CITY Fire Marshal shall prevail. Upon determination that the Property has met all applicable technical requirements, as determined by plan review and field inspections, a joint compliance letter will be issued to the CITY before a certificate of occupancy shall be issued by the CITY. d. TTU shall charge Teinert Construction fees associated with all plan reviews, inspections, and re -inspections for the above life safety component activities conducted pursuant to this Agreement. TTU understands and agrees that the CITY has the authority to charge Teinert Construction fees associated with the activities contemplated by this Agreement in accordance with the City of Lubbock Code of Ordinances. 4. HOLD HARMLESS. To the extent authorized by law, the CITY and TTU shall each hold the other harmless from any claim for damages of any nature whatsoever arising from the acts of its own officials and employees in connection with this Agreement. 5. RESPONSIBILITY. Each party to this agreement will be responsible for its own actions in providing services under this Agreement. 6. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice to the other. INTERLOCAL AGREEMENT - LUBBOCK / TTU IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by law on the date herein below specified. EXECUTED on this the Z day of, 14,00 & i, t- 2022 CITY OF LUBBOCK, TEXAS BY W. JARRETf ATKINSON CITY MANAGER ATTEST: Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: Jesica McEachem Assistant City Manager APPROVED AS TO FORM: INTERLOCAL AGREEMENT - LUBBOCK/ TTU TEXAS TECH UNIVERSITY NOEL A. SLOAN Senior Vice President of Administration and Finance & Chief Financial Officer Exhibit A INTERLOCAL AGREEMENT- LUBBOCK; TTU e PAVED & MAINTAINED BY LISD r�I 5 I IIIIIII I111111111111111 1/�B--A�,9-11-vI—RASS«M i S2 LIS.7 (ANIMAL GRAZING-, ©U7DOOR LEARNING & WATER RETENTION) ARENA _[ #� O —` { ti s N fl Q GREEN. HOUSE — Ili`fihliT�iTTTTiYI �',I ill 1111'IIII{l'1it'll 11111111l1llh =1 � 4.1 j _LLW LL U UILLLLLUJ 1 I I I 1 I I I I _, -_---_------�j !III 1111111111 H1111-I1111111! !III;II+IIIiIIIII I HfItII+IHIIIII7IIiIIIIIiI � I �1 RETAIL IJ FOURTH STREET Lu Z Lu Lu rJ LubbocklSD Svery Child E—yfty LUBBOCK ISD 14 ACRES DEVELOPED 130 ACRES WITHIN FLOODPLAIN L _ _ _ — J I SHARED PARKING 3.3 ACRES 1 331 PARKING SPACES 1 1 $1,158,500 1 L— — — — — — — — — — — J FT E)CA S TECH UNIVERSITY RETAI—L] 5 ACRES RETAIL - 50,900 SF L.175 PARKING SPACES