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A resolution approving an intergovernmental agreement by and between the Metropolitan Government of Nashville and Davidson County, by and through the Department of Information Technology Services (“ITS”), and the State of Tennessee, Department of Transportation (“TDOT”), for the installation and maintenance of private license use facilities on the rights-of-way and highways under the jurisdiction of the State.
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WHEREAS, as described in the general agreement attached hereto and incorporated by reference, the parties seek to enter into a general agreement for the installation and maintenance of private license use facilities, including ITS fiber installations, on the rights-of-way and highways under the jurisdiction of the State; and,
WHEREAS, as described in the general agreement attached hereto and incorporated by reference, ITS has provided TDOT with a continuous bond to guarantee its performance and to cover any separate private license agreement issued under said general agreement such that no separate bond will be required of Metro for such private license agreements; and,
WHEREAS, Tennessee Code Annotated Section 12-9-104(a)(2)(b) authorizes the Metropolitan Government to enter into intergovernmental agreements with the State of Tennessee by resolution; and,
WHEREAS, it is in the interest of the Metropolitan Government of Nashville and Davidson County that this Agreement be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the intergovernmental agreement between the State of Tennessee, Department of Transportation, and the Metropolitan Government of Nashville and Davidson County, by and through the Department of Information Technology Services, attached hereto and incorporated by reference, is hereby approved, and that the Metropolitan Mayor is authorized to execute the same.
Section 2. That this resolution shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This resolution approves an intergovernmental agreement between the Tennessee Department of Transportation (“TDOT”) and the Department of Information Technology Services (“ITS”) for the installation and maintenance of private license use facilities, including ITS fiber installations, on the rights-of-way and highways under the jurisdiction of the State of Tennessee.
The agreement would require ITS to submit plans showing the location, type, and scope of all work to be performed. When approved by TDOT, these plans would be documented in a separate private license agreement. Changes to the scope of the project or the manner of the construction requires prior written approval from TDOT.
TDOT would not grant ITS a right-of-way as part of the agreement and would not assume the maintenance of ITS facilities.
A separate private license agreement issued through this agreement would become void if any work contemplated under the agreement does not begin within one year from the approval of the specific private license agreement. ITS would further replace, repair, and maintain disturbed highways for six months after TDOT accepts each project completed pursuant to this agreement.
ITS provided a continuous bond in the amount of $250,000 to TDOT to install and maintain private license utility facilities ITS will reimburse TDOT for salary and expenses of inspectors assigned by TDOT to the site of any work performed under this agreement.
ITS would assume liability for claims of its conduct for which TDOT would be liable under the Governmental Tort Liability Act. The agreement requires ITS contractors working on the project to indemnify and hold NDOT harmless from all legal claims arising from the work. ITS shall provide proof of general liability insurance providing coverage of at least $1 million per occurrence and $300,000 per claimant.
TDOT may terminate this agreement at any time.
Fiscal Note: Information Technology Services (“ITS”) has provided a continuous bond in the amount of $250,000 to the State of Tennessee, Department of Transportation (“TDOT”) for the installation and maintenance of private license utility facilities on the rights-of-way of highways under the jurisdiction of the State of Tennessee. ITS will reimburse TDOT for salary and expenses of inspectors assigned by TDOT to the site of any work performed under this agreement.