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
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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
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Future connections may include