Loading...
HomeMy WebLinkAboutResolution - 4433 - Interlocal Agreement - TTU - HVAC, Municipal Coliseum - 03_24_1994Resolution No. 4433 March 24, 1994 Item #33 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 4th day o`� � )1994. VID R. LANGSTON, f4YOR ATTEST: �' mrwoww ; APPROVED AS TO CONTENT: Vicki Key, Acting Civic Center ' ector APPROVED AS TO FORM: G. Vandiver, First Assistant City DGV:da/ccdmdA-T=CH.res February 22, 1"4 Resolution No. 4433 March 24, 1994 Item #33 INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § 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 a chilled water system to the HVAC (Heating, Venting and Air Conditioning 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 (C.H.A.C.P.I) located on its campus, which is utilized for providing steam for heating and chilled water for 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 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 valve room at or near Thompson Hall (See Exhibit A - General Site Location) and shall provide the necessary insulated piping from the valve room to the COLISEUM for chilled water supply and return. The CITY will include, as an alternate bid, the installation of piping for steam and condensate return, 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, control wiring 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. Such review will be performed by the UNIVERSITY's representatives will take no longer than three (3) 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 locations 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 and Coliseum 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 designated representative one (1) month in advance of scheduled events when possible so as to maintain efficient operations and coordinate utility usage schedules. The contact person(s) for the UNIVERSITY and the contact person(s) for the COLISEUM will be designated in a separate letter. It is agreed that written notification will be promptly given should either designated contact person change. INTERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 2 B. That the UNIVERSITY will maintain and provide to the COLISEUM a prioritized listing of facilities that are identified as to a reduction of temporary "shut down" of cooling, should the necessity arise. (See Exhibit B) This prioritized list shall include the Municipal 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 designated representative and the COLISEUM's 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 representative. INTERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 3 D. The UNIVERSITY shall be allowed access to all COLISEUM systems served for the purpose of collecting water samples. 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. I (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 representative. VI. CONDITIONS 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 UNIVERSITY 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 independent evaluations and not upon reliance upon any discussions, data, or information provided by TEXAS TECH, its agents, employees, or consultants. XI. 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. XII. BINDING EFFECT 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 successive one- year periods unless either party shall notify the other in writing that it INTERLOCAL AGREEMENT - TEXAS TECH UNIVERSITY PAGE 6 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 BY: 1�2- ATTEST: Secretary Betty M. J6hnson, APPROVED AS TO CONTENT: L) I L--,( Vicki Key, Acting CiW Centers Director APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney DGV:da/1-D 10fffAGR3. doc rev. February 22, 1994 WTERLOCAL AGREEMENT — TEXAS TECH UNIVERSITY PAGE 7 TUNNEL �a NEW TUNNEL ° IIMIOIC�I • o �(CI TYATER LINE I 0 0 ,! O t O { c c o � 0 e COLISEUM o � O 0 O ° I�I[p7101[p7101Cg7101W101 ° 4 0 u 0 u 0 v 0 s ,UDITOR IUM GAS METER EXHIBIT "B" 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). Priorijy 1 Art/Architecture 2 Holden Hall (new) 3 Business Administration 4 Library (west addition) 5 Library (old) Stage 2: When Stage 1 does not provide the needed curtailment, cooling in these buildings will be off for the remainder of the workday (chilled water pumps only). Prigdty_of Shutdown (No. 1 is lowest priority for cooling, No. 43 is highest) 1 Physical Plant 23 Petroleum Engineering 2 Women's Gym 24 Speech Clinic & Theatre 3 Men's Gym 25 Journalism 4 Landscape Pavilion 26 Engineering Center 5 McClellan Memorial 27 Mechanical Engineering 6 Art/Architecture 28 Electrical Engineering 7 Holden Hall (new) 29 Agriculture Ed. & Mech. 8 Business Administration 30 Agriculture Science 9 Library (west addition) 31 Food Technology 10 Library (old) 32 Municipal Coliseum 11 Administration 33 Fisheries & Wildlife 12 Law 34 Animal Science 13 Development Office 35 Chemical Engineering 14 Drane Hall 36 Science 15 Foreign Language 37 Goddard Range & Wildlife 16 English 38 Plant Science 17 West Hall 39 Music 18 Math 40 Food Science 19 Mass Communications 41 Biology 20 Psychology 42 Chemistry 21 Industrial Engineering 43 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, Horn/Knapp, Hulen/Clement, WaWGates, Wiggins Dining Facilities and the Athletic Kitchen. The Municipal Coliseumwill 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 Access. 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. Start Date. This agreement shall terminate and be of no force or effect if construction of the tunnel is not commenced within twelve (12) months of the date of this Agreement or as extended by mutual agreement or if construction, once commenced, is not diligently pursued to completion. 3. 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. 4. Location. 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. 5. Construction, Maintenance and Repairs. 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 traffic, provide for the safety of pedestrian activities, and be compatible 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. 6. Mutual Cooperation. The CITY agrees to obtain permission of TEXAS TECH prior to any activity on the campus property and to conduct such activity in such a manner as not to interfere with the conduct of the University's business 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. 7. 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. 8. Access. TEXAS TECH further warrants that it has the full authority to grant access to the subject premises. 9. Costs. All costs of whatever kind or nature associated with this project, including but not limited to construction, maintenance and/or repair of the tunnel and the utility lines within the tunnel shall be borne by and be the sole responsibility of the CITY. 10. Abandonment. In the event that the existing Coliseum and tunnel is abandoned or demolished, the tunnel and its components shall revert back to Texas Tech University. Abandonment shall be defined as non-use for a period of six (6) months. 2