HomeMy WebLinkAboutResolution - 2024-R0246 - Contract 17968, South Plains Electric Cooperative, Inc, MOU, Relo. Utility Poles - 05/14/2024Resolution No. 2024-R0246
Item No. 6.17
May 14, 2024
RESOLUTYON
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 fo
and on behalf of the City of Lubbock, a Memorandum of Understanding (MOU), Contract No
17968 for utility relocation due to the widening of 146th Street, by and between the City o
Lubbock and South Plains Electric Cooperative, Inc., and related documents. Said MOU i:
attached hereto and incorporated in this resolution as if fully set forth herein and shall be includec
in the minutes of the City Council.
Passed by the City Council on __ ._._ � 14�,2024_ ___
APl'ROVED AS TO CONTENT:
� ��
Erik Rejino, Assistant City Manager
Al'PROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
ccdocslRES.MOU-No. 17968 SPEC 146�' utilities relocation
5.6.24
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Resolution No. 2024-R0246
STATE OF TEXAS
COUNTY OF LUBBOCK
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LUBBOCK AND SOUTH PLAINS ELECTRIC COOPERATIVE, INC.
This Memorandum of Understanding (the "MOU"), Contract No. 17968, is made on this
14th day of M�� , 2024, by and between the City of Lubbock ("City") and the South
Plains Electric Cooperative, Inc. ("SPEC"), to move and relocate utility poles in preparation for
the widening of 146th Street (the "Project").
NOW THEREFORE, for and in consideration of the terms, covenants and conditions set
forth in this MOU, the City and SPEC hereby agree as follows:
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this MOU shall be from the effective date herein through January l, 2025.
2. SPEC RESPONSIBILITIES
SPEC shall remove and relocate all of its utility poles on the section of 146`h Street depicted
on "Exhibit A", attached hereto and incorporated herein, in preparation for the widening of 146`n
Street by the City of Lubbock.
3. CITY OF LUBBOCK RESPONSIBILITIES
The City of Lubbock shall pay SPEC in amount not to exceed seven hundred thirty-three
thousand dollars and NO/100 $733,000.00) for the removal and relocation by SPEC. Further, the
City agrees to provide necessary support, permits, and assistance to facilitate completion of the
Project.
4. NOTICE
A. General. Whenever notice between the parties is required or permitted by this MOU and
no other method of notice is provided, such notice shall be given by (1) actual delivery of the
written notice to the other party by hand (in which case such notice shall be effective upon
delivery); (2) facsimile (in which case such notice shall be effective upon delivery); (3) email; or
(4) by depositing the written notice in the United States mail, properly addressed to the other party
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at the address provided in this article, registered or certified mail, return receipt requested, in which
case such notice shall be effective on the third business day after such notice is so deposited.
B. SPEC Address. SPEC address and numbers for the purposes of notice are:
South Plains Electric Cooperative, Inc.
P.O. Box 1830
Lubbock, TX 79408
Telephone: 806-783-7974
Email: jobloth@spec.coop
C. City Address. The City address and numbers for the purposes of notice are:
City of Lubbock
Attn: Mike Keenum
P.O. Box 2000
1314 Avenue K
Lubbock, Texas 79457
Email: mkeenum@mylubbock.us
Telephone: 806-775-2393
�. Change of Address. Either party may change its address or numbers for purposes of
notice by giving written notice to the other party as provided herein, referring specifically to this
MOU, and setting forth such new address or numbers. The address or numbers shall become
effective on the 15th day after such notice is effective.
5. NO LIABILITY
No liability will arise or be assumed between the parties as a result of this MOU. All
parties to this document will act in good faith to achieve the goals of the MOU in a reasonable
time frame. This MOU is a good faith expression of the intent of the Parties.
6. NO JOINT ENTERPRISE
This MOU is not intended to, and shall not be construed to, create any joint enterprise
between or among the Parties.
7. GOVERNING LAW
This MOU will be governed by the laws of the State of Texas. The sole venue for any
action, controversy, dispute or claim arising under this MOU shall be in a court of appropriate
jurisdiction in Lubbock County, Texas exclusively.
8. AMENDMENTS
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No amendment, modification, or alteration of the terms of this Agreement shall be binding
unless such amendment, modification, or alteration is in writing, dated subsequent to this
Agreement, and duly authorized and executed by the City and SPEC.
9. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the City and SPEC, and there are
no other written or oral promises, conditions, warranties, or representations relating to or affecting
the matters contemplated herein.
EXECUTED as of the Effective Date hereof.
The City of Lubbock
ray a e, Mayor
South Plains Electric Cooperative, Inc.
S2G�.K.G%BrL .L.6UL
Brandon Loth
ATTESTED:
Courtney Paz, City Secretary
APPROVED AS TO CONTENT:
Michael Keenum, P.E., CFM
Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
lli Leisure, Senior Assistant City Attorney
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