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HomeMy WebLinkAboutC2008-348 - 9/30/2008 - ApprovedINTERGOVERNMENTAL AGREEMENT City of Corpus Christi and Tuloso-Midway Independent School District Fiber Optic Plan This agreement is entered into between the Tuloso-Midway Independent School District, a Texas governmental entity (District) and the City of Corpus Christi, a Texas home-rule municipal corporation (City) for the purposes of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, District desires to improve its data communications between campuses utilizing fiber optic connections; and WHEREAS, the City desires to utilize the fiber to improve City communications; NOW, THEREFORE, in consideration of the mutual promises herein, City and District agree as follows: 1. Term. This Agreement is for one year beginning the Effective Date. The effective date is defined as the latest date of signature on this agreement by the authorized representative of the City or District. The Agreement automatically renews for four succeeding one-year terms under the same conditions unless terminated or modified as set out herein, and shall continue thereafter year to year unless terminated as provided herein. This Agreement amends previous Agreements and/or arrangements between the City and District; but does not cancel, reverse, change, or nullify such Agreements. This Agreement serves to extend previous Agreements and/or arrangements as it applies to additional fiber optic utilization. 2. Responsibility of District. District will: (a) purchase all required materials as shown on the attached estimate and incorporated herein as Exhibit A. Any changes to this list will be paid by the District up to the maximum ten-percent fluctuation from the estimated quantities; (b) pay any initial pole line attachment fees outside the scope of this agreement unless designated by mutual affirmation from the City and the District; (c) pay for any pole line "make-ready" work required by the pole owners which result from use of poles outside the scope of this agreement unless designated by mutual affirmation from the City and the District; (d) be responsible for payment of the TMISD portion as shown on Exhibit A within thirty (30) days of receipt of invoice; and (e) submit in writing an affirmation of funds, shown on Exhibit B, from the District for the agreed amount of $18,000 toward the support of the fiber project on Leopard from Tuloso Road and Leopard to the Tuloso-Midway Independent School District Academic Career Center located at 7601 Leopard, a District building as shown on the attached and incorporated Exhibit C. 3. Responsibility of City. City will: (a) assist in the development of purchase specifications of 72 fiber-optic OFN/general purpose cable with 60 single mode fibers and 12 multi-mode fibers; (b) assist in the development of purchase specifications of hardware to hang the Fiber; (c) obtain pole attachments as required; (d) install fiber from Tuloso and Leopard to 7601 Leopard along the route identified in the attached 2008-348 09/30/08 Res. 027870 'uloso-Midway ISD Exhibit C, said installed fiber to be referred herein as the "Cable Plant"; (e) pay recurring annual pole attachment fees, as required and/or designated, subsequent to the initial installation for poles used by the Cable Plant; and (f) pay maintenance costs for the Cable Plant. 4. Maintenance of Fiber. (a) Any maintenance performed by the City on the Cable Plant shall be provided during the following times: Monday through Friday, 7:OOa.m. to 4:OOp.m. All City holidays are excluded from this schedule. (b) The City will use its best effort to respond to a request for maintenance to the Cable Plant within two city business days. (c) The City will maintain and repair the Cable Plant, up to a 300- foot failure as part of normal maintenance. If there is a failure in the Cable Plant that involves more than 300-feet of cable, then one of the following conditions shall govern: a. If the failure is due to the actions of a third party, or if a third party is involved, the City of Corpus Christi shall seek to recover the cost of repairs from the third party. b. If no third party is involved, or if the City is unable to recover the cost of repairs from a third party, then the repair shall be the joint responsibility of the City and the District. c. The City shall perform or oversee all repairs preformed under any of these conditions. (d) The City may apply for federal grant money to replace any portion of the Cable Plant, where applicable, with buried fiber should a natural disaster occur. If federal grant money is unavailable, the Cable Plant may be rebuilt under the same requirements as the original Cable Plant under this agreement. 5. Ownership of Fiber. The City shall own all the fiber in the Cable Plant. 6. City's use of Fiber. In consideration for the City's performing the responsibilities set forth herein, the City shall have full use of 48 single-mode strands and 6 multi-mode strands of the 72 fiber-optic OFN/general purpose cable for such City uses including but not limited to interconnection of City of Corpus Christi facilities, traffic signals, and other sites for improved data communications. 7. District's use of Fiber. District shall have full use of 12 single-mode strands and 6 multi-mode strands of the 72 fiber-optic OFN/general purpose cable. 8. Access. The City and District agree that the City will control access to the Cable Plant Extension. 9. Currently available funds. The City and District agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and District acknowledge that this agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance with Chapter 791 of the Texas Government Code, the City and District acknowledge that any payments made in accordance with the terms of this agreement shall be made from current revenues available to the paying party, and any future payments are subject to appropriations. 10. Termination. a. Default by City. If the City fails to perform or comply with any terms or conditions of the Agreement, District may terminate the Agreement after giving the City Manager 30 days written notice of failure to comply with the Agreement. The City has 30 days to cure any default. b. Default by District. If the District fails to perform or comply with any terms or conditions of the Agreement, the City may terminate the Agreement after giving the Superintendent 30 days written notice of failure to comply with the Agreement. District has 30 days to cure any default. c. Without Cause. Either party may terminate the Agreement at any time without cause upon 90 days written notice of termination. 11. Duties upon Termination. If the Agreement is terminated pursuant to 10.a or 10.b above, then all rights to the fiber aze transferred to the non-defaulting party. If the Agreement is terminated pursuant to 10.c above, then all rights to the fiber are transferred to the non-terminating party. 12. Governmental Service. This Agreement is between City and District for the purpose pf providing governmental services and not for the benefit of any third party or individual. 13. Force Majeure. The parties will exercise every reasonable effort to meet their responsive obligations but shall not be liable for delays resulting from force majeure or other causes beyond reasonable control, including, but not limited to, compliance with any Government law or regulation, acts of God, acts of omission, fire, strikes, lockouts, national disasters, wars, riots, transportation problems, shortages of materials, and/or any other cause whatsoever beyond the reasonable control of the parties. 14. Notice. Notice maybe given by hand or certified mail, postage prepaid, and is deemed received on the day hand delivered or on the third day after deposit if sent certified mail. Notice will be sent as follows: IF TO CITY: IF TO DISTRICT: City of Corpus Christi Tuloso-Midway Independent School District Attn: Jesse Cantu, Network Admin. Attn: Trish Panknin, Director of LS. P.O. Box 9277 PO BOX 10900 - 9760 La Branch Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78460-0900 15. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification or amendment to this Agreement is not binding upon the parties unless reduced to writing and signed by persons authorized to make such Agreements on behalf of the respective party. Any modification or amendment which does not change the essential scope and purpose of this Agreement maybe approved by the City Manager or designee on behalf of the City and the Superintendent or designee on behalf of District. ExECU ED in duplicate originals by the City of Corpus Christi on this ?D~day of ~~ y( ° 2008. ATTEST: CITY O~ORPUS C~~7FII2IST~~I By: By: ~ z/-~~ Armando Chapa, City S retary ` qQ( ~ , ~~(~r Tn~2.ttm Ci~ /~la9eY' Legal form approved on OL'~ ~ , 2008 (J By: ~°~vvi Assistant City orney ~' • V a I ~ r ~. AUIIiUI~IZED er courtca...~~~3b~Q,~,._ ,~~...........~-C. SECRETARYf~~ EXECUTED in duplicate originals by the Tuloso-Midway Independent School District on this ~`H'day of ~ w~,~ , 2008. Tuloso-Midway Independent School District Superintendent EXIIIBIT A Bids were placed in accordance to City Policy and procedures. After evaluation, CS&M Construction lnc. was awarded the work. Quotes are available for viewing through the office of Jesse Cantu, MIS De arhnent. City of Corpus Christi & TMISD Phase II Underground Installation Scope: Install fiber optic cable and required appurtenances to extend existing Leopard Fiber Trunk from Tuloso Road to 7601 Leo ard, TMISD's Academic Career Center. Re uirements: Amount Unit Cost/Unit Total TMISD Portion 72F Cable 4,100 Ft. $1.37 $5,617.00 $1,957.09 24F Cable 0 Ft. $0.80 $0.00 $0.00 Trenchin 2" conduit 3,180 Ft. $0.00 $0.00 $0.00 Borin 1,001 Ft. $0.00 $0.00 $0.00 Pullbox 17 X 30 1 Ea. $185.00 $185.00 $64.46 Pole Attachment 0 Ea. $50.00 $0.00 $0.00 Pole Installation 3P2A 0 $2,480.00 $0.00 $0.00 Enclosures w/T & AB 1 Ea. $400.00 $400.00 $139.37 S lice Tra s 0 Ea. $0.00 Vaults 3 Ea. $345.00 $1,035.00 $360.62 Dielectric Su orts 0 Ea. $35.00 $0.00 $0.00 Dead-ends 0 Ea. $65.00 $0.00 $0.00 Core 0 $0.00 $0.00 Innerduct 0 Ft. $0.00 $0.00 1 1/2" PVC 0 Jts. $0.00 $0.00 1 1/2" EII 0 Ea. $0.00 $0.00 1 1/2" Cou lin 0 Ea. $0.00 $0.00 Fiber anel w/Ada ter 0 Ea. $0.00 $0.00 DA bolts 0 Ea. $3.82 $0.00 $0.00 Machine bolts 0 Ea. $1.75 $0.00 $0.00 S uare Washers 0 Ea. $0.38 $0.00 $0.00 S an Wire er/1000 900 0 Ft. $0.29 $0.00 $0.00 Unicam connectors 0 Ea. $0.00 $0.00 RM Wire Mana er 0 Ea. $0.00 $0.00 Labor 60 Hrs. $40.00 $2,400.00 $836.22 Borin /Trenchin Quote 1 Lot $42,024.30 $42,024.30 $14,642.24 TOTAL: $51,661.30 $18,000.00 *The TMISD Portion is calculated at 0.3484232879 percent which equates to a roximatel 35% of the total cost, not to exceed $78,000.00. EXHIBIT B May 27, 2008 Mr. David Trevino MIS Department City of Corpus Christi RE: Fiber Project on Leopard Street Tuloso-Midway Independent School District is willing to contribute $18,000 toward support of the fiber project on Leopard Street from Tuloso Road to our TM1SD Academic Career Cenfer at 7601 Leopard with a possible future UG fiber link between McKenzie and Rand Morgan. This UG link is dependent on TM1SD placing UG laterals to access the Aeria! Fiber. We understand that installation, equipment, supplies, and maintenance of the fiber are all covered in this amount and that Tuloso-Midway ISD will incur no additional charges. We are in agreement that Morris Construction Inc. has the lowest bid and will complete the boring for this project. ~1~ Trish Panknin Director of Information Services Tuloso-Midway ISD EXHIBIT C ~ ~: °' 3 aYxn e:. aew,zf... e ,~ F S+ar~a'~f pwla i `A De _,. M OregonTQ ~~~ -~ -MCN4non %d '.. ~ C31%otd'<IP 4!CA~Hf^N ~ ^ ~ ;z Exhibit C1 (Above and Exhibit C2 (Below). Sy~P Y~~R,Pa. e C ~Q~ ~~ -.~Y ~ 70 gg ~"~ s 9~sfy; ti° "~ ~lailaru Lq. q, ~. f ap °` ~ p' ~F. o Mobde Or o ° °o :dry, O 9yk a 4` e o `tee c`A ~'pn ~ yi F3~ ~' fv71ryF itzh ~ n °n s ~ ~ .. _ ~~ a °` m ~ -°~ c o ~ fag ~ ~ `c fO ~ ,.. `hP`~' ~KingshU*Y Ov- o ~rncess Di -r Haven l3r -... ^ ~~O.Skm ~~O~Smi 's New 19TH F ~]B~uam~g Aevat fi3w K $~S Brmel F1ber g I Agreement concerns New Fiber as shown on Exhibit C1 fiber as shown on Exhibit Cl and C2 (existing fiber). a t~ '.c M~inzietn o Sr (7~ OQYL ....118 ,~4~ Trm~r ,9 ~fiR r a ~ ,S'a 97 7 Ye .m iEj _ $,-' ~ r wL-+ Rd ~. UAAr1q,Rtl... SaaK~ ~~~ ~ ~~ Peak Or ~ z ~ > a~~ f ~ ~ a° ` rtl ~ a S z t .. ~ BPor ~... a p,~n 7601 Leopard St )) Carpus Christi, T% 78409-2U17 '~ 6 a l R~,; .~O.Skm 1 - ~~O.Smi epPj+d;~- N<w FSber HIas~IgAural Pier R..... .~HIti<1a~g H~mal F3¢ E~ o ,w H~ L. aRe .. ~RO'. 9q s~ 0 o o~ A. Fo ... Sra~~~ PaWa ~'~- ~ -. Dr 9 ~q ~Mars4r ~t}~ a 0 e 3 _,,,`<r Y Oregon' y m. °4 ~~ yC ~. 6 Future connections may include