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HomeMy WebLinkAboutResolution - 4341 - Interlocal Agreement- TTU Municipal Coliseum Connection To TTU Underground Grid - 12_09_1993Resolution #4341 December 9, 1993 Item #18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement, attached herewith, by and between the City of Lubbock and Texas Tech University, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th ATTEST: etty "nso ty Secretary APPROVED AS TO CONTENT: Vic i ey, Acting Civi enters Director APPROVED AS TO FORM: o G. Van ever, First Assistant City Attorney DGV:da/ccdocs/IA-TXTEC.res November 22, 1993 f December 1993. Resolution #4341 INTERWCAL AGREEMENT THE STATE OF TEXAS g COUNTY OF LUBBOCK S This Agreement made and entered into by and between TEXAS TECH UNIVERSITY, an institution of higher education of the State of Texas, acting by and through their Board of Regents ("TEXAS TECH") and the CITY OF LUBBOCK a home rule municipal corporation ("CITY"), acting by and through it's duly authorized officials as follows: WHEREAS, TEXAS TECH is an institution of higher education whose government, control, and direction is vested in a board of nine regents, and WHEREAS, the CITY owns and operates the Municipal Auditorium -Coliseum ("COLISEUM") and is ultimately responsible for all obligations incurred by the COLISEUM, any reference to the COLISEUM shall also include the CITY and, WHEREAS, the CITY plans to install an HVAC (Cooling System) in the COLISEUM to better serve the patrons attending events in the facility, and WHEREAS, TEXAS TECH owns a Central Heating and Cooling Plant I located on its campus, which is utilized for providing steam for heating and cooling purposes on the campus of TEXAS TECH, and WHEREAS, the CITY, through the COLISEUM, desires to construct a tunnel from the COLISEUM to the nearest underground utility on the TEXAS TECH campus and connect to the campus chilled water system, such connection to provide the necessary chilled water to the COLISEUM at rates which are beneficial to both parties, NOW THEREFORE: WITNESSETH: The parties have agreed as follows: I. CONSTRUCTION A. That the CITY, through the COLISEUM, shall construct, own, maintain, and operate a Heating, Ventilation, and Air Conditioning System in the Municipal Auditorium -Coliseum. B. That the CITY, through the COLISEUM, shall, at its sole expense, construct a tunnel from the COLISEUM to the nearest underground campus utility vault at or near Thompson Hall (See Exhibit A.- General Site Location) and shall provide the necessary insulated piping from the vault to the COLISEUM for chilled water. The CITf will include, as an alternate bid, the installation of piping for steam, contingent upon available funding. The CITY will insure that the tunnel construction and interconnection meets University standards. The tunnel will be designed to meet future accommodations of full service including steam and other utilities customarily placed in tunnels by the UNIVERSITY. This would exclude potable water, sanitary sewers, gas pipe lines and other utilities not normally placed in the tunnels by the University due to hazardous conditions. C. That the UNIVERSITY will have the opportunity to review and approve the engineer's drawings when at the 50% completion phase and at the 90 % completion phase. This process will be performed by the UNIVERSITY's CCT Committee will take no longer than two (2) weeks. D. That the CITY will coordinate the work to be performed with the Engineer, the successful Contractor, and UNIVERSITY representatives to insure minimal disruption on the campus during the construction of the tunnel and installation of the piping. "Windows for shut -down" schedules shall be negotiated and mutually agreed upon by authorized UNIVERSITY and COLISEUM representatives E. That the UNIVERSITY will provide to the COLISEUM available information verifying exact location of known underground utilities in the area of construction. F. That the system will be designed to include coils in the terminal units that use 46 degree Fahrenheit supply water temperature; that provide for supply and return pressures that do not create operating problems for the UNIVERSITY; and that include quality positive isolation valves for the interface. The design shall be such that the valves and instrumentation for the CHACP 1 plant shall be equal to or better than the instrumentation currently in place to insure accuracy of calibration and ease of maintenance. In addition, instrumentation to monitor flow and supply - return temperatures and calculate tonnage will be provided for in the design. II. RELIABILITY A. That the COLISEUM will provide a monthly listing of scheduled event activities to the UNIVERSITY 's Physical Plant Director so as to maintain efficient operations and coordinate utility usage schedules. The contact person(s) for the UNIVERSITY will be the Director of Utilities and/or the Plant Superintendent. The contact person(s) for the COLISEUM will the Operations and Engineering Superintendent and/or the Building Maintenance Supervisor. It is agreed that written notification will be promptly given should either designated contact person change. B. That the UNIVERSITY will maintain and provide to the COLISEUM a listing of facilities that will be prioritized as to INTERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 2 "warm out", should the necessity arise. (See Exhibit B) This list shall include the Municipal Auditorium/Coliseum and show it's order of priority. This priority shall be in effect when the facility is leased to tenants for the duration of their contracted time. C. That the UNIVERSITY shall schedule outages of service to maintain physical plant equipment; such schedule to normally be the week of the UNIVERSITY'S Spring Break; that the UNIVERSITY will notify the COLISEUM of specific dates for the planned shut -down as far in advance as possible; that a certain amount of flexibility will be maintained in order to accommodate events leasing the COLISEUM. The UNIVERSITY reserves the right to schedule short-term shut -downs of 24 hours or less with 30 days notice to the COLISEUM for days where the Coliseum or the Auditorium (if applicable) has no events scheduled. D. That the CITY will, at their discretion, maintain the existing Auditorium chillers for use as back-up and/or use with the chilled water supplied by TEXAS TECH. The CITY will also maintain existing boilers. In the event the CITY negotiates additional utilities (i.e. steam) with TEXAS TECH in the future, said boilers will be utilized, at the CITY's discretion, as back-up and/or use with said utilities. E. That the CITY will hold harmless the UNIVERSITY for unavoidable interruption of service; and that the UNIVERSITY will notify the COLISEUM immediately upon detection of the interruption. This will allow the COLISEUM to utilize back-up Auditorium chillers should an event be in progress. III. OPERATIONS A. That the control of start-up and shut -down of the chilled water Pump(s) and valve(s) will be from the CHACP 1 computer at the TEXAS TECH physical plant and will be performed in close coordination with COLISEUM staff. The air handlers will be controlled by COLISEUM staff. B. That water flow and staging of air handlers will be coordinated by TEXAS TECH's Physical Plant Director or his designated representative and the COLISEUM's Operations and Engineer Superintendent or his designated representative. C. That the CITY will, at their expense, maintain the tunnel and the lines from the interconnect to the COLISEUM to University standards and access to these areas for maintenance and repair will be coordinated with TEXAS TECH's Physical Plant Director and as provided for in the Access Agreement (Exhibit Q. D. The UNIVERSITY shall be allowed access to all COLISEUM systems served for the purpose of collecting water samples. R4TERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 3 Based on the results of the analysis, the UNIVERSITY may elect to periodically treat water or circulate water through all systems to maintain water chemistry perimeters. IV. CHARGES A. That the agreed upon rate for chilled water shall be based upon valve usage as follows: Valve No. 1 (up to 300 ton capacity) $30.00 per run-time hour Valve No. 2 (up to 600 ton capacity) $50.00 per run-time hour Both Valves concurrently $75.00 per run-time hour It is also agreed that, should rates, based on actual costs, change either up or down, an adjustment in the cost per run-time hour shall be made accordingly. It will be the responsibility of TEXAS TECH to monitor changes in actual costs and provide 30 days advance notice to COLISEUM should an adjustment be required. B. That the agreed upon rate and actual usage of chilled water shall be reviewed periodically and the rates adjusted accordingly. The adjusted rate should, however, not exceed the University utility rate cost recovery. C. That in the event, the CITY and TEXAS TECH negotiate terms in the future for an additional co -generation plant, the negotiated rate for chilled water and steam, if applicable, will be re- negotiated. D. All payments to be made under this Agreement shall be made from current revenues available to the paying party. V. ACCESS The CITY, through the COLISEUM, shall have the right to enter the tunnel for temporary construction and to affect repairs as needed. Provisions for this access is detailed in the Access Agreement (Exhibit "C). Access shall be coordinated with the UNIVERSITY's Physical Plant Director. VI. CONDMONS OF PERFORMANCE The performance of this Agreement, by either party, except as otherwise specifically provided herein, shall be subject to the occurrence of all of the following events or conditions: A. Approval of this Agreement by the TEXAS TECH Board of Regents and any other entity or party having authority to approve or disapprove this Agreement on behalf of TEXAS TECH; INTERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 4 B. Approval of this Agreement by the CITY OF LUBBOCK City Council; C. The obtaining by the CITY, through the COLISEUM, of all permits, approvals, and licenses from all state and federal governmental agencies or commissions having jurisdiction over the construction project; D. The approval and sale of bonds by the CITY OF LUBBOCK for the benefit of the COLISEUM necessary to finance the obligations of the CITY pursuant to this Agreement. E. The approval by TEXAS TECH of the drawings as presented during the 50 % completion phase and the 90 % completion phase. VII. ASSIGNMENT This Agreement may not be assigned by the CITY and/or the COLISEUM without the prior written consent of TEXAS TECH, which consent will not be unreasonably withheld. Refusal by TEXAS TECH to consent to any such assignment based on its sole evaluation of any proposed assignee's financial stability and condition, operating ability and record, service reliability, overall stability and historical performance shall not be considered unreasonable for purposes of this Agreement, provided, however, nothing herein is intended to limit TEXAS TECH's rights to withhold any consent to assignment for reasons other than stated in this paragraph. The right of TEXAS TECH to refuse to consent to any proposed assignment by the CITY and/or COLISEUM is a part of the consideration of this Agreement. VIII. NO PARTNERSHIP, JOINT VENTURE OR LENDING OF CREDIT INTENDED It is specifically agreed that the parties do not intend by this Agreement to create any species of partnership, joint venture or other legal entity between them. The rights and obligations of the parties are to be governed strictly by this Agreement, and it is not intended that there shall be any lending of credit by one party to the other or that either party shall be entitled to create any obligation binding on the other party not specifically provided for herein. Nothing herein shall be construed as a loan or pledge of credit or assets by the State of Texas or TEXAS TECH as prohibited by Article 3, Section 50 of the Texas Constitution or otherwise. Nothing herein shall be construed as a loan or pledge of credit or assets by the State of Texas or CITY, through the COLISEUM, as prohibited by Article 3, Section 52 of the Texas Constitution or otherwise. INTERLOCAL AGREEMENT - TEXAS TECH UNWERSPTY PAGE 5 IX. INDEMNITY TEXAS TECH shall not be liable or responsible for and shall be saved and held harmless by the CITY and the COLISEUM from and against any and all claims and damages of every kind, including, but not limited to any violations of any local, state, and/or federal law, regulation or rule, for injury or death to any person or persons and from damage to or loss of property arising out of or attributed directly or indirectly to the construction, operation, or performance of the CITY and/or the COLISEUM under this Agreement. CITY OF LUBBOCK and the COLISEUM shall not be liable or responsible for and insofar as the Constitution and laws of the State of Texas allow shall be saved and held harmless by TEXAS TECH from and against any and all claims and damages of every kind, including but not limited to any violations of any local, state and/or federal law, regulation or rule, for injury or death to any person or persons and from damage to or loss of property arising out of or attributed directly or indirectly to the operation and/or maintenance of the Central Heating and Cooling Plant I of TEXAS TECH. X. ENTIRE AGREEMENT The provisions contained in this writing including all exhibits shall constitute the entire agreement between the parties hereto irrespective of any discussions, negotiations, exchange or data and information from and between TEXAS TECH and its agents, employees, or consultants, and the CITY and the COLISEUM. The CITY and the COLISEUM expressly represent that they have made their separate independent evaluation concerning all matters covered by this Agreement and the Exhibits attached hereto, and that the CITY and the COLISEUM's proposal and this Agreement resulting therefrom is based upon such IdZ�dent evaluations and not upon reliance upon any discussions, information provided by TEXAS TECH, its agents, employees, or consultants. M. APPLICABLE LAW The laws of the State of Texas shall govern the validity, performance and enforcement of this Agreement an the venue for any legal proceedings shall be in Lubbock County, Texas. This Agreement shall be binding on the parties hereto, their successors and assigns. The term of this Agreement shall be five years from the date of execution hereof and it shall thereafter be renewed automatically for INTERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 6 successive one-year periods unless either party shall notify the other in writing that it desires to terminate this agreement. Such notice shall be given to the other party not less than sixty (60) days prior to the end of the applicable contract period. XIV. EXECUTION OF AGREEMENT Each of the undersigned hereby represents and warrants that it is authorized to execute this agreement on behalf of the respective parties and that this agreement when executed by those parties, shall become a valid obligation, enforceable in accordance with its terms. MADE AND ENTERED into this TEXAS TECH UNIVERSITY ATTEST: Secretary DG V : da/1-D 10JPPAGR3 . doc rev. November 26, 1993 ATTEST: &ttY ohnso City Secretary APPROVED AS TO CONTENT: Vickl Key, Acting Civic ters Director APPROVED AS TO FORM: IN TERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 7 J EXISTING VALVE ROOM TUNNEL 1 1 \AUD I TOR I UM Exhibit "A" GENERAL SITE LOCATION NEW TUNNEL /d 0 d Q A c a a IIL13IaILTJ a 0 ' o ■ O • o o �9 o ■ � i i i COLISEUM O O i 1' ' COOLING PRIORITY LIST The following building list is prioritized in two stages for cooling curtailment for shutdown from the central cooling system. Stage 1: Cooling for the following large chilled water building consumers will be cycled off and on at one hour intervals (chilled water pumps only). 1 Art/Architecture 2 Holden Hall (new) 3 Business Administration 4 Library (west addition) 5 Library (old) Stage 2: When it becomes necessary, cooling in these buildings will be off for the remainder of the workday (chilled water pumps only). Priority 1 2 Physical Plant Women's Gym 23 24 Petroleum Engineering Speech Clinic & Theatre 3 4 Men's Gym Landscape Pavilion 25 26 Journalism Engineering Center 5 6 McClellan Memorial Art/Architecture 27 28 Mechanical Engineering Electrical Engineering 7 8 Holden Hall (new) Business Administration 29 30 Agriculture Ed. & Mech. Agriculture Science 9 10 Library (west addition) Library (old) 31 32 Food Technology 11 Administration 33 Municipal Coliseum/Auditorium Fisheries & Wildlife 12 13 Law Development Office 34 35 Animal Science Chemical Engineering 14 Drane Hall 36 Science 15 16 Foreign Language English 37 Goddard Range & Wildlife 17 West Hall 38 39 Plant Science Music 18 19 Math Mass Communications 40 41 Food Science Biology 20 21 Psychology Industrial Engineering 42 43 Chemistry Computer Center The following buildings will be served as required: Central Foods, PrinTech and addition, Thompson Hall, Housing and Dining Services, Student Recreation Center, University Center, Gaston Apartments, Stangel/Murdough, Chitwood/Weymouth, Coleman, Hom/Knapp, Hulen/Clement, Wall/Gates, Wiggins Dining Facilities and the Athletic Kitchen. The Municipal Coliseum/Auditorium will be given the above priority only if a scheduled event is on -going. EXHIBIT "C" ACCESS AGREEMENT WHEREAS the CITY and TEXAS TECH are entering into an INTERLOCAL, AGREEMENT, covering the construction of a tunnel from the Coliseum to the nearest underground utility on the TEXAS TECH campus; and WHEREAS, as a part of such INTERLOCAL AGREEMENT, the parties have agreed to certain terms and conditions, one of which is to include a SUPPLEMENTAL, ACCESS AGREEMENT as a part of such INTERLOCAL AGREEMENT; NOW THEREFORE: The parties hereto mutually agree as follows: 1. Grant of A1QQW Subject to the terms and conditions herein contained, TEXAS TECH hereby grants the CITY, it employees, authorized agents and contractors permission to enter upon University property to construct a tunnel from the Municipal Coliseum to the nearest underground campus utility vault at or near Thompson Hall for the purpose of connecting to the campus chilled water system and to provide maintenance and/or repair to such tunnel and/or utility lines as deemed necessary. 2. Notice of Activities It is understood that prior to the construction, maintenance and/or repairs, the CITY shall first notify TEXAS TECH of such activity and obtain permission to proceed. 3. motion The location of the tunnel will be as indicated on Exhibit "A" - General Site Location to the Interlocal Agreement and will run from the Municipal Coliseum to the underground utility vault at or near Thompson Hall. Specific approval of the site will be obtained during TEXAS TECH's review of engineer's drawings at the 50 % completion phase. 4• 20 cti n M ' nan R air It is understood that, during construction or required maintenance and/or repair, the CITY will insure that all activities are conducted in such a way as to minimize interruption of vehicular p traffic, provide for the safety of pedestrian activities, and be comatible with the character of the campus. It is understood that the CITY will, as required by TEXAS TECH, restore the campus landscape to its preexisting condition, acceptable to TEXAS TECH, upon completion of the required activity. When commenced, all construction, maintenance and repairs shall be diligently pursued until completed. 5• Mutual Cooperation The CITY agrees to obtain pnor to any activity on the campus propertypermission of TEXAS TECH in such a manner as not to interfere with thcont of the University's busineo conduct such ss during such activities. TEXAS TECH agrees to cooperate with the CITY and not unduly interfere with the activities to be conducted by the CITY on the subject premises so long as permission has been obtained from TEXAS TECH prior to commencement of the activity upon University property. Further, the parties agree to cooperate and execute all documents or permit applications which may be reasonably required to effectuate the purpose of this agreement. 6. Permits. The CITY, at no expense to TEXAS TECH, shall obtain any and all permits which may be required for any activities it desires to conduct under the permission herein granted. 7. Access, TEXAS TECH further warrants that it has the full authority to grant access to the subject premises. 8. Costs. All costs associated with the construction, maintenance and/or repairs of the tunnel and the utility lines within the tunnel shall be borne by the CITY.