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HomeMy WebLinkAboutResolution - 2001-R0069 - Interlocal Usage Agreement - Texas Tech University - 02/22/2001Resolution No. 2001-R0069 February 22, 2001 Item No. 37 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 Construction, Reimbursement and Right -of -Way Usage 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 22nd day of February , 2001. WINDY SIT ON, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: )al1 Richard Burdine, Assistant City Manager APPROVED AS TO FO N Iofiald G. Vandiver, First Assistant City Attorney Mres/TechFibenres February 14, 2001 8) Term. The term of this Agreement shall be for twenty (20) years from the date of execution hereof and it may be renewed annually thereafter by mutual agreement of the parties. EXECUTED this 22nd day of February , 2001. Gary Wiggins, Vice resident for Information Technology ddcon/Techcable4.con. doc February 14, 2001 f WINDY SITTON, MAYOR ATTEST: Rebecca Garza, City Secretar APF VED AS O CONTENT: zj:� J K" Ric ar Burdine, Assistant City Manager APPROVED AS TO FORM: R onald G. Vandiver, First Assistant City Attorney A 14 u 6 1� --41.1-1..e--,(l) Ca C) --41.1-1..e--,(l) Ca C) . t CD . ........ . . lu -Mid , ........................ All. Resolution No. 2001-R0069 February 22, 2001 Item No. 37 CONSTRUCTION, REIMBURSEMENT AND RIGHT-OF-WAY USAGE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK § WHEREAS, Texas Tech University System ("University") desires to obtain high speed data communications between its main campuses and the Institute of Environmental and Human Health ("Institute") located at the Reese Center in order to provide cost effective utilization of computer facilities located at Reese Center; and WHEREAS, University and the Lubbock Reese Redevelopment Authority are co - recipients of a U.S. Department of Commerce—Economic Development Administration Financial Assistance Award in an amount not to exceed $1,250,000 of a total project cost estimated at $1,667,000 to install an interduct and fiber optics cable from the Reese Center to University's facilities; and WHEREAS, the City of Lubbock ("City") is in the process of constructing a sanitary sewer line from near the University to Reese Center; and WHEREAS, the cost of installation can be greatly reduced by the inclusion of a four -inch communications interduct in or near the ditching for the new City sanitary sewer line being installed to serve Reese Center; and WHEREAS, the parties desire for public purposes and to economize on installation costs to allow the University to utilize such trenching operation and City of Lubbock rights-of-way and easements as may be useful and necessary to install a portion of the high speed data communications fiber optic cable to link the main campus with the Institute located at Reese Center; and WHEREAS, the City included a bid alternate in its sewer construction contract to enable the sanitary sewer contractor (Rinks Lease Service, Inc.) to install a portion of the fiber optics interduct from Reese Center to the University; 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 find it to be a public purpose and in the best interest of the parties to cooperate in this project; NOW THEREFORE: WITNESSETH: THAT the City and the University hereby agree as follows with regard to the use, maintenance and installation of a high speed data transmission fiber optic interduct to be installed connecting the main campus with the Institute at Reese Center. 1) Use of Right -of -Way and Easements. The City hereby agrees to provide the University use of the right-of-way as necessary to allow the interduct, manholes, and cable to be installed in the City's right-of-way or easements as indicated on the map attached hereto as Exhibit A. Said cable will be installed from inside the utility tunnel at Texas Tech Health Sciences Center campus to the east boundary of Reese Center. 2) Interduct Construction. The parties shall be responsible for installation of that portion of the interduct as set forth on Exhibit "A." 3) Reimbursement by University. The University shall reimburse the City for the cost of materials and labor associated with installation of the fiber optics communications interduct project incurred by the City on the University's behalf upon completion of such installation. Such cost shall include the cost of materials and labor associated with the change orders to the City's Sanitary Sewer Contract necessitated by the University's interduct project. Based on the interduct installation construction bids heretofore received by the City, including change orders, the parties anticipate the cost of the materials and labor which will be incurred by the City and reimbursed by the University for that portion of the project performed by the City to be $251,733.00. 4) Usage Fee. The University shall pay the City a right-of-way and easement usage fee of $5,200.00 per annum during the term of this agreement, which amount shall be paid within thirty (30) days after January 1 of each year of this agreement. 5) Maintenance, Operation and Hold Harmless. Upon completion of the installation of the interduct and installation of the fiber optics cable, maintenance and operation of said interduct and cable thereafter shall be the responsibility of the University and the University hereby agrees to hold the City harmless insofar as permitted by law from any claims or damages of any nature whatsoever arising from the activities of the University, including its officers, employees, contractors, agents or other personnel, in connection with such maintenance and operation activities. 6) Pam. 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. 7) Time is of the Essence. Time is of the essence in the performance of this Agreement, therefore, the City agrees to give Rinks Lease Service, Inc., the City's contractor, notice to proceed as soon as possible in order to cause the City's construction obligation hereunder to be completed as soon as possible. Resolution No. 2001—R0069 February 22, 2001 TEr Item No. 37 �(Y HE,w 4 L Texas Tech University E Texas Tech University Health Sciences Center P Office of Vice Chancellor and General Counsel Box 42021 / Lubbock, Texas 79409-2021 / (806) 742-2155 FAX: (806) 742-2330 February 16, 2001 Mr. Don Vandiver First Assistant City Attorney 1625 13' Street Lubbock, Texas RE: Fiber Optic Agreement Dear Don: Enclosed please find two duplicate originals of the referenced agreement and the resolution you forwarded to me yesterday. The agreement has been signed by Jim Crowson, Deputy Chancellor and approved by Gary Wiggins. Please send me a fully executed copy when one is available. Thank you for again for all your help in bringing this to closure. Your truly, Pat Campbell PC/da/5417 xc: President David Schmidly Bob Sweazy Jim Brunjes "An Equal Opportunity/Affirmative Action Institution"