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HomeMy WebLinkAboutResolution - 2012-R0015 - VOID - 01/12/2012TXDO,T WOULD NOT APPROVE FEBRUARY 22, 2012 Page 1 of 2 Linda Hart - CITY CONTRACT 9240: Fwd: Re: 05-OITF6001_City of Lubbock ITS_Amd 1 From: Becky Garza To: Marta Alvarez; Sharmon Owens Date: 2/22/2012 3:14 PM Subject: CITY CONTRACT 9240: Fwd: Re: 05-OITF6001_City of Lubbock ITS_Amd 1 CC: Linda Hart; Thomas Harris Attachments: Becky Garza.vcf Sharmon, Thanks for the information. We'll mark it (the resolution and amendment) "void" on our end. Fr Becky Garza, TRMC City Secretary City of Lubbock 162.513th Street Lubbock TX 79401 PH# 806-775-2025 Fax: 806-775-3983 baarzaa m ylubbock. us CONFIDENTIALITY NOTICE: The documents and information accompanying and/or comprising this electronic transmission contain confidential information that is legally privileged. The information is intended for the use only of the recipient(s) named above. If you have received this e-mail in error, please immediately notify us by replying to this e-mail. You are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this electronic transmission is strictly prohibited. >>> Sharmon Owens 2/22/2012 12:10 PM >>> Marta & Becky, TxDOT administration in Austin chose not to execute the Amendment that went to City Council on January 12, 2012. Therefore, Amendment #1 to Contract 9240 is moot. Since it was never fully executed, do we just pull the amendment? The original agreement is still in effect until 10/20/2014. Thanks, Sharmon Traffic Engineering Department Head City of Lubbock 915 Ave J Lubbock, TX 79457 806-775-2134 >>> Marsha Reed <mreed@mylubbock.us> 2/20/2012 9:16 PM >>> Sharman, Please follow up with Purchasing and City Secretary to make sure this is dropped. file://C:\Documents and Settings117273\Local Settings\Temp\XPgrpwise14F450638Lubbock' LinBuild10... 2/22/2012 Thx Page 2 of 2 Sent from my iPhone Marsha Reed, P. E. Chief Operating Officer City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 806.775.2335 On Feb 20, 2012, at 10:40 AM, "Sharmon Owens" <SOwensLa)mail.ci.lubbock.tx.us> wrote: Frank, The City will not agree to these new regulations on the amendment. I thought that Austin had approved the amendment as taken to Council, or I would not have taken it. Guess a different attorney in Austin had a different opinion. If you need direction on how to set up a DIGTESS account, Rudy can probably help. Thanks, Sharman >>> "Frank Phillips" <Frank.Phillips@txdot.c�ov> 2/17/2012 10:39 AM >>> Sharmon, TxDOT's attorney in Austin has rejected our Interlocal Contract Amendment No. 1 clarifying the cities assistance to TxDOT using their DigTess Licence for the location of utilities. This amendment was executed by the City on Dec. 20th 2011. I've been working on this issue for the past 6 months with absolutely no progress. If your attorney can't agree to this, I fully understand. That being the case, the only option would be for the City to stop assisting TxDOT with the location of utilities with their DigTess licence. I think it's time to move on, Frank Phillips, P.E. Director of Transportation Operations Lubbock District (806) 748-4471 file:/1C:\Documents and Settings\] 7273\Local Settings\Temp\XPgrpwise14F450638LubbockM«nBuild l0... 212212012 Resolution No. 2011-R0015 January 12, 2012 Item No. 5.17 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, Amendment No. I to that certain Interlocal Contract dated October 20, 2009 to effectuate an agreement to operate the Traffic Management Center utilizing TxDOT's Intelligent Transportation System within the city limits of Lubbock, by and between the City of Lubbock and the Texas Department of Transportation, and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully,,et forth herein and shall be included in the minutes of the City Council. Passed by the City Council on Januoy 12, 2012 TOM MARTIN, MAYOR ATTEST: Rebelsca Garza, City APPROVED AS O CONTENT: o- Poad Marsha 7F -D , P.E., Chief Operati g Officer APPRO AS TO FORM: Weaver, Assistant City Attorney vw:ccdocsfRES.Amend #1 Contract-TxDOT December 27, 2011 THE STATE OF TEXAS THE COUNTY OF TRAVIS § AMENDMENT TO INTERLOCAL CONTRACT Amendment Number 1 Contract No 05-OITF6001 WHEREAS, TxDOT and the Local Government executed a contract off' October 20, 2009 to effectuate their agreement to operate the Traffic Management Center at the City of Lubbock Traffic Engineering office utilizing TxDOT's Intelligent Transportation System (ITS) within the city limits of Lubbock; and, It is mutually understood and agreed by and between the undersigned contracting parties to the above numbered Interlocal Contract to amend said contract as follows: Attachment A, Scope of Services, Provision of I'nfrastrucure by Local Government is revised to include the following. The Local Government in cooperation with TxDOT will utilize their membership in the Texas Excavation Safety System, Inc. (DigTess) to locate TxDOT-owned fiber optic and signal cable along ITS corridors and within the boundaries of signalized intersections within the city of Lubbock. The following is a list of parameters and commitments both parties agree to: • When Dig Tess notifies the Local Government to locate underground infrastructure in TxDOT right-of-way (ROW), the Local Government will notify TxDOT. The Local Government and TxDOT will jointly locate TxDOT fiber and/or signal cable lines that are in TxDOT ROW. • TxDOT or TxDOT's contractor will beresponsible for any damage done to lines located on TxDOT ROW. TxDOT will process any damage clai s against the contractor in order to collect reimbursement for any associated costs. This amendment shall becoi numbered Interlocal Contra( when fully executed. All other terms and conditions of the above amended remain in full force and effect. Interlocal — Interlocal Amend Page 1 of 2 Rev 02/01/2008 CITY OF LUBBOCK Executed on behalf of the City by: By Tom Martin, Mayor ATTEST: ebecca Garza, City Secret ry APPROVED AS TO CONTENT Contract No 05-OITF6001 M6.2 Q/ Date Marsha Meed, P.E., Chief Operations Officer FORM Date I t Chad Weaver, City Attorne Executed for the Executive Di ector and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out he orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commi Sion. By Date Janice Mullenix Director of Contract Services Interlocal — Interlocal Amend Page 2 of 2 Rev 02101/2008