HomeMy WebLinkAboutResolution - 2001-R0082 - Interlocal Sewer Line Agreement W_Texas Tech University - Restrooms_Concessions - 03_06_2001Resolution NO. 2001—R0082
March 6, 2001
Item NO. 17
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Sewer Line Agreement
between City and Texas Tech University, a copy of which Agreement is attached hereto,
and any associated documents, which Agreement shall be spread upon the minutes of this
Council and as spread upon the minutes of this Council shall constitute and be a part
hereof as if fully copied herein in detail.
Passed by the City Council this 6th day of March , 2001.
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ATTEST:
- P 4 LQ 2C .2—=& , C)2��
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
erry Eller ' ook, Director of Water Utilities
APPROVED AS TO
Vandiver, First Assistant City
Attorney
Mres/TechSewer.res
February 12, 2001
Resolution No. 2001—R0082
March 6, 2001
Item No. 17
INTERLOCAL SEWER LINE AGREEMENT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
WHEREAS, the Texas Tech University System (hereinafter called "University")
is planning to expand the restroom and concession facilities at Jones SBC Stadium, which
will require increased sanitary sewer line capacity both on the campus and off the
campus; and
WHEREAS, the University will install the on campus portion of a new 18-inch
sewer line extending from Jones SBC Stadium to the west side of University Avenue at
6t" Street to accommodate such improvements; and
WHEREAS, it will be necessary to extend said sanitary sewer line from the west
side of University Avenue at 6`" Street to 15'hStreet and Avenue S, as set forth in
Attachment A hereto; and
WHEREAS, the University desires to have the City of Lubbock design, construct
and build the portion of the 18-inch sanitary sewer line from the west side of University
Avenue at Oh Street to connect with the City of Lubbock sewer system at 15"` Street and
Avenue S on its behalf; and
WHEREAS, Chapter 791 of the Texas. Government Code provides for interlocal
cooperation agreements between local governments and state agencies; and
WHEREAS, the City and the University desire to cooperate in this project; NOW
THEREFORE:
WITNESSETH:
THAT the City and the University hereby agree as follows with regard to
construction and maintenance of an 18" sanitary sewer line to be constructed from the
west side of University Avenue at 6`' Street to Avenue S and 15" Street.
1) The City hereby agrees to design, construct, own and operate an 18"
sanitary sewer line from the west side of University Avenue at 6'h Street to Avenue S and
15" Street required by expansion of restroom and concession facilities at Jones SBC
Stadium. The estimated date of final completion of this project is August 3, 2001.
2) The University shall reimburse the City for the cost of design and
construction of the said 18" sanitary sewer line from the west side of University Avenue
at 61h Street to Avenue S and 15' Street, in an amount not -to -exceed $702,980.00. This
amount includes a 25% contingency to cover unforeseeable costs. If, during the course of
the project, any unforeseen circumstances will cause the City's costs to exceed this
amount, the parties agree to work in good faith to negotiate an amendment to this
agreement.
3) The City shall commence design and construction of said sanitary sewer
line promptly upon receipt of funds in the amount of the above estimated cost of the
project from the University. In view of the fact that this project shall be constructed by
means of the bidding process and change orders may be required due to practical
difficulties, the exact final cost is not ascertainable until the project is completed. In the
event that the final cost shall be less than the sum remitted by the University, the City
shall refund such amount to the University upon final acceptance of the project by the
City.
4) All payments required to be made pursuant to this Agreement shall be
made from current revenues available to the paying party as required by Sec. 79 1. 011 of
the Texas Government Code.
5) Following final acceptance of the project by the City and completion of
the payment requirements of this Agreement, the City shall own and operate said sanitary
sewer line and the University shall have no further obligation with regard thereto.
6) The parties agree that time is of the essence in the performance of this
agreement. The University further agrees to instruct its general contractor on the Jones
SBC Stadium renovation project, Lee Lewis Construction Company, to coordinate efforts
with the City.
7) The parties hereto may amend or terminate this agreement at any time by
mutual agreement executed in writing.
EXECUTED this 6th day of
UNIVERSITY:
Deputy Chancellor for
System Administration
T:
�-� z'_;1
Secretarj
Executive Vecretary for Board
of Regents
March ,2001.
CITY:
WINDY SI ON, M YOR
ATTEST:
JI'10-� CA
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
erry Ellerbrook, Director of Water Utilities
APPROVED AS TO FORM:
Nofiald G. Vandiver, First Assi`sfa'nt City
Attorney
ddcon/Techsewer2.con.doc
February 26, 2001
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