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Home My WebLink AboutResolution - 2025-R0335 - MOU Contract 18990, South Plains Electric Cooperative, Utility Relocation - 07/22/2025Resolution No. 2025-R0335 Item No. 6.9 July 22, 2025 RESOLUTION BE IT RESOLVLD BY "fIIE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT thc Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of thc City of Lubbock, a Memorandum of Understanding (MOU), Contract No. 18990 for utility relocation in preparation for roadway improvements on 114th Street from Upland Avenue and Wausau Avcnue, by and between the City of Lubbock and South Plains Electric Cooperative, Inc., and related documenls. Said MOU is attached hereto and incorporated in this resolution as if fully set forth hcrcin and shall be included in the minutes of the City Council. Passed by the City Council on July 22, 2025 MARK W. MCBR YER, MAYOR ATTES"r: C tney Paz, City Sccrc ary APPROVLD �1S "I'O CON'1'1;N'I': _— � i � —� I;rik Rejino, Assistant City Manager APPROVED AS '1'O I'ORM: f ` K lli Lcisurc, Scnior �lssistant City Attorney ccdocs.�RL'.S.MOU-No. I 5990 SPI?C I 14th utilities rclocation 7.2.25 Resolution No. 2025-R0335 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. 18990, is made on this 22nd day of ,Tuly , 2025, by and between the City of Lubbock ("City") and the South Plains Electric Cooperative, Inc. ("SPEC"), to adjust or relocate utility poles and lines as required for 114�h Street from Upland Avenue to Wausau Avenue (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 final completion of the Project, not to exceed one hundred fifty (150) days. 2. SPEC RESPONSIBILITIES SPEC shall adjust or relocate all of its utility poles and lines as required in the area depicted on "Exhibit A", attached hereto and incorporated herein, in preparation for Roadway improvements as part of 114�h Street from Upland Avenue to Wausau Avenue by the City of Lubbock. 3. CITY OF LUBBOCK RESPONSIBILITIES The City of Lubbock shall pay SPEC in amount not to exceed fve hundred eighty-eight thousand four hundred twenty dollars and 53/100 ($588,420.53) for the removal and relocation by SPEC as set forth in "Exhibit B", attached hereto and incorporated herein. In the event that actual Project costs exceed costs estimated in "Exhibit B", the City and SPEC shall negotiate in good faith the amount set forth herein in order to complete the Project. 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 Page 1 of 3 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 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. Attn: Brandon Loth P.O. Box 1830 Lubbock, TX 79408 Telephone: 806-783-7974 Email: bloth(c�spec.coo� C. City Address. The City address and numbers for the purposes of notice are: City of Lubbock Attn: John Turpin P.O. Box 2000 1314 Avenue K Lubbock, Texas 79457 Email: jturpin@mylubbock.us Telephone: 806-775-2342 D. 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 I Sth 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. Page 2 of 3 8. AMENDMENTS 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 C'ty of Lubbock / � f� ark Mc rayer, ayor South Plains Electric Cooperative, Inc. �2�Lrtc�rL .L.e�L Brandon Loth, Manager of Engineering ATTESTED: Courtney Paz, City Secretary APPROVED AS TO CONTENT: rhn Turpin, P.�, CFM ivision Direct of Engineering/City Engineer APPROVED AS TO FORM: r K lli Leisure, Senior Assistant City Attorney Page 3 of 3 ��` �; SPEC Utility Relocation ,. ,,�,<, ,� 114th St from Upland Ave to Wausau Ave � �� r� �i � �S� � �� S �� 114TH ST i • � � ! � � ��'� � � '��' ' � � �'. 250 5UU 750 LOOG US F.c! �..y.�,d �.� �•�,p.� mn i �..�.N�a m, md.� ai a.� u...�.�.,� ��.� n�. P� �, ia �.��.,,��..d m.+a>. W mf .0 n,. r lan mr+�J w� �a W wreltc ra A�A aunrent. �. s,n�Nr� (+G�+rs u 1.i, nn ��a.i� �. o..UnpvvJ unq� nl.7a..a v.y A.: .rr��.�v�.�w.� �.-r�m �trw,-,n �v..,l, ., � � � � ! i • �� . ',��r•�;- , �� , ��{�' , �`,� � . � �: �,'� � 'tik , �.�. •4��'• � � � � `�.�. i � 'ti .��-:•� � k rl ;'[, �•� �.' ri � i,'� � �f� _ � ;I� � ,_. � - � � Proposed Uttluy Polcs I�ot-Rlocic I.incs Q Luhbuck C:�ly Limils �Lubb'ock rnas Uiyt�J Ur�kopbotuernpb? . \furcl EXHIBIT B Utility Adjustment for 114"'Str�eet, Upland toWausau South Plains Electric Cooperative Estimated Costs WO#: 56240 Certified ledger, invoices, and/or checks (as applicable) are to be provided to the City of Lubbock for payment. Estimated Material Costs Estimated Labor Costs Total Estimated Project Costs $ 505,447.20 $ 82,973.33 $ 588,420.53