HomeMy WebLinkAboutResolution - 2012-R0064 - Pipeline Lease Agreement - BNSF Railway Company - 02/09/2012Resolution No. 2012-R0064
February 9, 2012
Item No. 5.9
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. 2 to that certain
Agreement for professional services for the South Lubbock Sanitary Sewer System
Extension Phase I project, by and between the City of Lubbock and Kimley-Horn and
Associates, Inc., and related documents. Said Amendment is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on February 9, 2012
TOM MARTIN, MAYOR
IATTEST:
0, 0.. - -=c ,
Reb ca Garza, City Sec?etary
I APPROVED AS TO CONTENT:
Marsha Reed, P.E., Chief Operating Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Amend #2 Agrmt-Kimley
January 13, 2012
Resolution No. 2012—ROO64
AMENDMENT NUMBER 2 TO THE AGREEMENT BETWEEN THE CITY OF LUBBOCK
(CLIENT) AND KIMLEY-HORN
AND ASSOCIATES, INC.
AMENDMENT NUMBER 2 DATED February 9, 2012 to the agreement between City
of Lubbock, ("Client") and Kimley-Horn and Associates, Inc., ("Consultant") dated February 25,
2010 ("the Agreement") concerning South Lubbock Sanitary Sewer System Extension Phase I
(the "Project").
The Consultant has entered into the Agreement with Client for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by Consultant and provisions for additional compensation by the Client
to the Consultant, all as set forth in Exhibit A hereto. Amendment No. 2 extends the Agreement
an additional 500 days from the expiration date of the Agreement as extended in Amendment No.
1. The parties ratify the terms and conditions of the Agreement not inconsistent with this
Amendment, all of which are incorporated by reference.
CLIENT:
CITY OF LUBBOCK
By:
Tom Martin
Title: Mayor
Date: February 9, 2012
ATTEST:
CONSULTANT:
KIMLEY-1-19RN, AND CIATES, INC.
By: _ (�7 ),
f a , .E.
Title: / Senior Vice President
Date: / 3/ / 2--
APPROVED AS TO CONTENT:
L:�M4
11-5x— Reb ca Garza, City Secreta ��6 Turpin, P.E., Chief er Utilities Engineer
APPRCV AS FORM:
f
Chad Weaver, Assistant City Attorney
Resolution No. 2012—ROO64
Exhibit A to Amendment Number 2,
dated January 9, 2012.
Proiect Understandin
Amendment Number 2 is for Final Design and Bidding Phase Services for Bid Package B of
Route A identified in the South Lubbock Sanitary Sewer System Extension Routing and
Alignment Study. The limits of Bid Package B are from the end of Bid Package A immediately
outside the western fence of the Southeast Water Reclamation Plant (SEWRP) to the intersection
of 98's and Ave. P, as shown in Exhibit 1.
Consultant shall perform the following Professional Services:
Task 1 - Final Design
Project Management
a. Project Communication
1) Prepare for and conduct monthly progress meetings to monitor the
development of the project. 12 total meetings anticipated.
2) Prepare and e-mail monthly progress reports to the project team (City,
subconsultants (as necessary), and KHA Staff)
b. Project Administration
1) Prepare project correspondence and invoicing documents
2. Plans
a Prepare engineering plans, specifications, and construction contract documents for
project bidding and regulatory approval. Plans will consist of 22"x 34" plan and
profile sheets at 1"=20'. The Consultant anticipates preparing approximately
130-140 plan sheets. The Consultant will provide the following information on
the plan sheets:
b. Civil sheets
1)
Cover
2)
General Notes
3)
Horizontal and Vertical Control
4)
Plan view
S)
Profiles
6)
Structural Details
7)
Bypass Pumping Plan
8)
Erosion Control Plan
9)
Traffic Control Plan
10)
Pavement Repair Details
1 l)
Miscellaneous Details
3. Contract Documents
a. Specifications will include technical specifications for materials and installation of
the proposed facilities. The Contract Documents will be based upon the Client's
Standard Contract documents. The Client's requirements for Public Works
Construction will govern all other specifications.
2
4. Permitting
a. Prepare two (2) permit applications for PYCO and BNSF railroads
b. Submit plans and specifications to TCEQ for review.
C. Assist Client with TxDOT permit application by providing required
documentation.
5. Prepare an Erosion Control Plan for bidding purposes. The contractor shall be required
to provide a Storm Water Pollution Prevention Plan.
6. Design horizontal and vertical restraint system for the sanitary sewer line, as required.
7. Prepare a bypass pumping plan, if necessary, and coordinate with operations staff.
8. Coordinate with Public Works staff on pavement repair details and traffic control
plans.
9. Coordinate with Lubbock County on pavement repair details and traffic control plans,
as required.
10. Perform up to five (5) site visits with City Staff to verify existing conditions and
proposed design components.
11. Submit to the Client 60% complete plans, specifications, contract documents, and
OPCC for review and comments.
12. Make revisions based on the Client's review of the 60% submittal.
13. Submit to the Client 95% complete plans, specifications, contract documents, and
OPCC for review and comments.
14. Make revisions based on the Client's review of the 95% submittal.
Meetings:
a. Meet with Client to present 60% complete plans, specifications, contract documents
and an OPCC for this phase of the project.
b. Meet with Client to present 95% complete plans, specifications, contract documents
and an OPCC for this phase of the project.
C. Meet with TxDOT once to coordinate utility permit application documentation.
d. Meet with each railroad once to submit permit application.
e. Meet with Lubbock County Commissioner.
Deliverables:
a. Three (3) copies of 60% complete plans, specifications, contract documents and an
OPCC for review and comment.
3
b. Three (3) copies of 95% complete plans, specifications, contract documents and an
OPCC for review and comment
C. Three (3) copies of final plans, contract documents and OPCC
d. Four (4) copies of review plans for TxDOT permit application
C. Four (4) copies of railroad permit and review plans
Services/Deliverables provided by Client:
a. Submit TxDOT permit
b. Review and comment on each submittal.
Task 2 - Bidding Phase Services
Provide plans, specifications and Notice to Bidders in .PDF format to the Client's 3`d
party bidding service.
2. Issue addenda as required.
3. Answer contractor questions,
4. Prepare for, attend and conduct a Pre -bid conference.
5. If the RFP process is used, assist the City in evaluating and ranking the submitted
proposals.
6. Prepare a tabulation of bids, and prepare a letter summarizing the bids to the Client for
award of contract,
7. Prepare ten (10) sets of the contract documents for execution by the contractor, receive
and review such documents for completeness, and forward to the Client for review and
execution.
Task 3 — Land Acquisition Services
Provide services necessary to acquire rights -of -way in a form acceptable to the Client. Services
will be provided in accordance with NB 1495 — The Land Owner's Bill of Rights. Major tasks
for land acquisition services and rights -of -way will include the following items.
1. Appraisals - Prepare written appraisals for each parcel to be acquired. Each appraisal will
be reviewed for accuracy. The appraisals will be submitted to the Client with
recommendations for just compensation for each parcel. Two valuations for each parcel
will be provided. One valuation will be prepared representing preconstruction conditions
and one valuation representing post -construction conditions.
4
Pro ee!1y costs and pricing - Preliminary valuations of properties will be developed. The
preliminary valuations will assist in developing parameters for the land acquisition
services. The offering price for the properties will be established based on the
preliminary valuations and in consultation with the Client. A value to be used for
negotiation will be determined and a range of authority defined for Consultant by the
Client.
3. Document preparation - Consultant will be responsible for surveys, legal descriptions,
and parcel plats required for the acquisition of the necessary rights -of -way. The
necessary legal documents will be filed at the Lubbock County Courthouse for
acquisition of the necessary rights -of -way. The right-of-way documents will be
submitted to the Client for review.
4. Title information - Title Policies will be purchased based on the Texas Title Insurance
Premium Rates effective at the time of purchase. A premium rate table is attached.
Consultant will prepare the necessary title examinations to research and retrieve deeds
for affected parcels. Information from the title examination including land owner name, a
copy of the warranty deed, and a description of the necessary casement affecting the
property will be provided to the Client. A copy of the Title Commitment for each
property, including a review of liens or other exceptions, will be provided to the Client.
A determination as to the acceptability of the exceptions will be the responsibility of the
Client. Any actions required to clear title are outside this scope of services and will be
negotiated as additional services if necessary.
5. Negotiation - Consultant will provide services relating to right-of-way acquisition.
Permission from land owners of affected parcels will be obtained and signed
documentation provided to others requiring access to the subject tracts to fulfill specific
contractual obligations. If necessary, negotiations for compensation for right -of -entry
will be conducted in consultation with the Client. A good faith effort will be made to
obtain the necessary rights -of -way through the negotiation process, which will generally
consist of no less than three contacts with the property owner or authorized
representative. Generally, no more than five contacts will be necessary to either reach an
agreement or determine if further negotiations would be non -productive and eminent
domain actions necessary. If absentee owners are involved, the negotiations may be
conducted via telephone, fax, or by mail. If the schedule for acquisition of the right-of-
way or other factors arises, which make it expedient, travel outside of the project area to
meet with the absentee owners may be desirable. If such events arise, the travel must be
specifically authorized by the Client. If such travel is authorized the expenses involved
including the agents time will be considered as additional services. The initial offer
made to the property owner will be based on the value approved as previously discussed
in No. 1 and 2 above. All counteroffers by the property owner along with
recommendations will be presented to the Client for their consideration. Meetings will be
held with appropriate Client staff or the City Council as necessary to present negotiation
information. Meetings with the City Council will be held as scheduled for regular and
special sessions. The Client must approve such counter offers prior to authorizing any
requested changes. All monetary offers made to the property owners will be within the
limits authorized by the Client in the various stages of the negotiation. After reaching an
agreement with the landowner on the consideration and all other terms of the transaction,
a Memorandum of Agreement (M/A) executed by the property owner will be forwarded
to the Client for ratification. This M/A will set forth the compensation and any other
terms and conditions agreed upon. The Client will be responsible for obtaining the
ratification and for returning the ratified M/A. The document will then be signed and
recorded at the Lubbock County Courthouse. The payment to the property owner and the
closing procedures will be in compliance with the procedures defined in No. 7, Closing
Procedures, below. In the event these good faith efforts fail to produce a satisfactorily
negotiated agreement, Consultant will recommend the Client use the power of Eminent
Domain to acquire the right-of-way, Services for this task will be compensated on a per
man day not -to -exceed basis. Services relating to actions involving Eminent Domain are
not included in this scope of services and must be authorized by the Client as additional
services.
6. Title review for oil and gas leases and severed mineral rights - A review of the Title
Commitment will be performed to ascertain if any outstanding oil and gas leases are
effective and valid for each parcel. Consultant will also review Title Commitment in an
attempt to discover whether property has all minerals severed. Consultant will notify the
Client of such situations and work with the Client to minimize liability or exposure.
7. Closing procedures - Consultant will
Company to deliver payments to the
documents will be returned to the
Courthouse.
Additional Services
coordinate contacts with the Client and Title
property owner and record the documents. The
Client after recording at the Lubbock County
Additional services to be performed if authorized by the Client, but which are not included in the
above -described Scope of Services, are as follows:
Condemnation services.
Construction phase services.
Acquisition of additional easements beyond those described in the scope of services.
4. Travel related to easement acquisition.
Services relating to actions involving Eminent Domain.
Alignment changes after the 95% plan submittal.
Resident Project Representative (RPR) services.
S. Breaking the project into phases after the 95% plan submittal.
9. Accompanying the Client when meeting with the TCEQ, U.S. Environmental
Protection Agency, or other regulatory agencies during the course of the Project,
beyond those meetings identified above. The Engineer will assist the Client on an as -
needed basis in preparing compliance schedules, progress reports, and providing
general technical support for the Client's compliance efforts.
10. Assisting Client or Contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, will be furnished by the Engineer on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
It. Sampling, testing, or analysis beyond that specifically included in the Scope of
Services referenced herein above.
12. Preparing applications and supporting documents for government grants, loans, or
planning advances, and providing data for detailed applications.
13. Appearing before regulatory agencies or courts as an expert witness in any litigation
with third parties or condemnation proceedings arising from the development or
construction of the Project, including the preparation of engineering data and reports
for assistance to the Client.
14. Providing professional services associated with the discovery of any hazardous waste
or materials in the project site.
15. Additional meetings beyond those identified in the Scope of Services.
16. Preparation for and attendance to public meetings to discuss the project.
17. Any services not listed in the Scope of Services.
Schedule
Engineer will provide the Services as expeditiously as practicable to meet the described schedule.
1. Final Design, Land Acquisition Services and Bidding Phases— 12
months upon Notice to Proceed.
7
Fee and Billinz
Engineer will provide the Reimbursable Tasks identified in the Scope of Services and shown in
the Table below on a labor fee plus expense basis total, not to exceed $1,094,110 for the
reimbursable tasks, which includes all reimbursable expenses. The not to exceed amount will not
be exceeded without the client's prior written approval and amendment of this Agreement. The
reimbursable fee breakdowns below are provided for budgeting purposes only and are not
intended to represent a specific budget for each reimbursable task. Engineer reserves the right to
reallocate the reimbursable budget among; tasks as determined necessary by Engineer. Labor fees
will be billed according to the rate schedule shown in the Agreement. Direct reimbursable
expenses including express delivery services, fees, and other direct expenses will be billed at 1.10
times cost. An amount will be added to each invoice to cover certain other expenses such as in-
house duplicating, local mileage, telephone calls, facsimiles, postage, and word processing.
Administrative time related to the project will be billed hourly. Technical use of computers for
design, analysis, GIS, and graphics, etc. will be billed at $10.00 per hour. All permitting,
application, and similar project fees will be paid directly by the Client.
Reimbursable fees will be invoiced monthly based on the actual amount of services performed
and expenses incurred. Payment of all fees will be due within 30 days of your receipt of the
invoice.
Task; Task Fee:
I. Final Design $489,500
2. Bidding Phase $18,200
3. Land Acquisition Services $586,410
Total Reimbursable Fee: $1,094,110
Resolution No. 2012-R0064
o:n and XwcOft, k
Project Workplan Budget
Client;
City of Lubbock
Project:
S. Lubbock SS ft I B
KHA No:
063126004
PM:
Jeff James
nG
�Task
Effort Summary
Labor:
$ 408,000
Expense:
$ 57,000
Allocation:
$ 24,500
TOTAL:
$ 489X07
Date: November 30,2011
•
Number.
Name: Final Design
Task Mg Aaron Rader
Personnel:
Task Descriptions:
QC
PM
PE2
PEI
EIT
AS
SubTtl
(F")
Camp
(rh)
Exp
0C
PM
PE2
PEI
EIT
ADMIN
Project Management
36
48
Bid Package 8
General Sheds (Cover, Control, etc,)
41
9
13.
5
General/Proled Notes
4
a
18
Bypass Pumping Plan
Plan and Profile (iiO sheets)
10
so
20
500
�6_
1300
70
1880
32
800
Structural Dsta& (JQ subconsuitant)
4
9
13
5
$ 30,000
Traft Control Plan sheets (15 sheets)
45
20
90
155
72
Em)sion Control plan
10
60
20
40
ISO
65.
ISO
32
Pavement air details
5
Details
20
201
40
80
32
County)
100
Contract Documents
P
0
Technical Specffioations
10.
40
10
*lRe VISKS (5 Via"
QA/QC Review I Comment Plzk-up
66-A and 95% Plan S66rn���
t20 40
18
. .......
__
46
0
is
20
60
60
9
110
200
45
48
$ 4,500
$ 3,500
D . efiv - stables
4
TO
1 - 6.
$ - 3,000
Opinion of Probable Construction Cost
3
6
91
Coordination vkh subconsultant and City
20.
...... . ..
.. __ .
40.
.....
E
an landhiasement acquisition gems
IL32701
r 1()69 1191
Subtotals: 3451 1069 1725 30
$ 41,000
1 EffEffort:900$45,100 $11.8001 $67,3001 $6,5251 $139,0001 $isi.inal $2,2501 1 1 1 1
Page 1 of 1
K:1FM_UtMm10631260OWPPUG-tok_ContnxMmendment 24WorkP1enBudgst-Amend2_Asm Printed: 121912011, 7:17 AM
C]Mn Kff"-HW
1111111110 and ASSOWN, lit.
Project Wbr*plan BLdget
Resolution No. 2012—ROO64
Date: November30,20111
Client: City of Lubbock Labor: $ 16,900 Number: 2
Project: S. Lubbock SS Ph. I B Expense- 1,300 Name: Bidding Phase
KHA No: 063126004 Allocation: 1.000 Task Mg Aaron Rader
PM: Jeff James TOTAL: 18,200
Personnel:
Task Descriptions:
QC
PM
PE2
PEI
EIT
AS
Sub%
(Fh)
comp
0*-)
Exp
QC
PM
PE2
PE1
EIT
ADMIN
Bid Package B
Submit PDF plans to bidding service
2
2
4
Addenda
Request for Information
Attend Pro -bid conference
2i
8
9
6
18
9.
8
18
16
4
44
18
4
$ Boo
Bid Tabulation and Award Letter
9
9i
2
20
1
Deliverables
Ten (10) sets of Contract Documents
1
2
4
4
lil
$ 300
4
4
............
4�1
Subtotals: 291 461 32 10 1-7 26
$ Boo
Effortl 1 $15,7001 1 $6,0001 $3,4001 $8001 1 1 1 1 11 $15.9001 $3'00 $1000
Page 1 of 1
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EXHIBIT A
CITY OF LUBBOCK, TEXAS
LAND ACQUISITION SERVICES
SOUTH LUBBOCK SANITARY SEWER EXTENSION PROJECT
ESTIMATE OF MAN -DAYS, TASKS and EXPENSES
Resolution No. 2012-ROO64
December 22, 2011
HRA
HAC
CTHG
WTTC
DWH
Man Da
Crew Day
Man Day
Man Day
Per Parcel
Man Da
$ 1,000.00
S 1,200.00
S 1,000.00
S 1,600.00
$ 1,075.00
S 64040
TASK
DESCRIPTION
Fee
1
APPRAISAL
Harris Appraisal Company: Inc.
71
$ 71,000.00
2
PROPERTY COSTS AND PRICING
Harris Appraisal Company, Inc.
16
$ 16,000.0o
F3
DOCUMENTATION PREPARATION
Hugo Reed and Associates, Inc.
30
72
$ 116,400.00
Cral , Terrill, Hale & Grantham, LLP
11
$ 17,600.00
4
TITLE INFORMATION AND CLOSING PROCEEDURES
West Texas Title Company, Inc.*
36
$ 38.700.00
Collection of title insurancepremium—
TBD-
5
NEGOTIATION
Dee W. Hart, Jr.
245
$ 156,800.00
6
AND SEVERED MINERAL RIGHTS
Craig, Terrill, Hale & Grantham, LLP
20
$ 32,000.00
7
PROJECT MANAGEMENT
Hugo Reed and Associates, Inc.
42
$ 42,000.00
Harris Appraisal Company, Inc.
9
$ 9,000.00
Craig, Taff ill, Hale & Grantham, LLP
15
$ 24,000.00
Dee W. Hart, Jr.
I15
$ 9,600.00
e
CONDEMNATION - ADDITIONAL SERVICES
Fae
I S 72,000.00
$ 86,400.00
$ 96,000.00
$ 73,600.00
S 38,700.00
$ 166,400.00
$ 533,100.00
T&Wft In ttds spreadsheet is be on prelomcwy pipeline route provided by 14mley+fom and Associates, Inc. and all associated land acquisition services for 36 parcels.
This fee tales into account ifre document preparation for 10 parcels Included in fire onglnal contract.
Should a dwW in route be required or should additional parcels be iderwhed, an amendment to this agreement for out of scope services will be required.
*Includes (1) tax owttfir�, (2) recording; (3) reguW or certified copies; (4) wore treumfer fees If required; (5) express fees incurred in order to transmit docd Tn" or funds; (6) Attomey Fees❑
**Fee based on individual Parcel value. See attached Texas Title Insurance Premiums Referance Rate Guide
AC1200gG*uth Lubbock sari" Soo A-Foo_20111222.;b Pape 1
Resolution No. 20I2-ROO64
TEXAS TITLE INSURANCE PREMIUM RATES
EFFECTIVE FEBRUARY 1, 2007
$10,000
{_ $229
$32,600
$383
T
$55,000 1
$536
$77,500
$690
10,500
233
33,000 {
386
T
55,500 1
539
78,000
694
11,000
T
235
G
33,500 0
390
T
56,000
544
78,500
698
11,500
1
239
34,000
393
T
56,500
547
79,000
702
12,000
243
34,500 {
397
T
57,000 {
550
T
79,500
703
12,500
j 246
35,000
400
1
57,500
554
T
80,000
707
13,000
T 250
T
35,500
404
58,000
558
80,500
711
13,500
r 254
T
36,000 f
407
58,500
560
81,000
715
14,000
T 257
T
36,500 j
410
59,000 {
564
1
81,500
717
14,500
F 260
T
37,000 {
413
T
59,500
567
1
82,000
721
15,000
r 262
T
37,600
417
T
60,000
571
82,500
1
725
15,500
T 266
T
38,000
421
60,500 {
575
j
83,000
729
16,000
270
38,500
425
61,000
578
63,500
731
16,500
274
39,000
427
61,500 j
581
84,000
734
17,000
1
277
T
39,500
431
62,000 T
585
84,500
739
17,500
T 281
40,000
434
62,500
589
!
85,000
742
18,000
285
{
40,500 f
438
163,000
{
591
85,500
745
18,500
287
_
T
41,000
440
63,500 1
594
{
86,000
748
i9,000
290
41,500
445
1
64,000
598
1
86,500
752
19,500
{ 293
{
42,000
448
1
64,500
602
87,000
756
20,000
298
j
42,500
452
1
65,000
605
87,500
759
20,500
301
43,000
454
1
65,500
608
{
88,000
762
21,000
305
{
43,500 {
458
66,000
612
j
88,500
766
21,500
308
44,000
461
66,500
617
89,000
j
770
22,000
f 312
44,500
465
67,000
620
'
89,500
772
22,500
i 315
45,000 {
469
j
67,500 1
621
{
90,000
{
775
23,000
{ 318
!
45,500 f
472
d
68,000 _1_
623
d
90,500
{
779
23,500
321
{
46,000
_
475
68,500 F
629
(
91,000
J
783
-�
_
325
46,500
479
_
69,000
632
91,500
787
4,500
328
481
69,500
635
92,000
78924,000
25,000
T 332
47,500
485
{
70,000 {
640
_
92,500
793
25,500
{ - 3 55
`
48,000
489
{
70,500 (
644
_
-�
93,000
797
26,000
{ 339
48,500
493
j
71,000
647
-
93,500
801
26,500
342
T
4000
496
71,500 1
649
94,000
{
802
27,000
{ 345
F
49,500
499
72,000
652
j
_94,500
{
808
27,500
_
348
1
50,000
503
{
_72.500
656
b
95,000
[
811
28,000
i 352
{
s-o
506
{
73,000
660
95,500
814
28,500
355
51,000
508
{
73,500 {
663
{
96,000
816
2_9.0_00
359
{
51,g00 j
512
74,000 I
887
{
96,500
(
820
29,500
_
{ 362
1
52,000
516
74,500
671
97,000
{ _
824
30,000
{ 366
1
52,500 !
520
{
75,000
674
j
97,500
828
30,500
369
{
53,000 (
523
j
75,500 {
676
98,000
[
830
31,000
373
{
53,500 {
527
1
78,000 1
680
98,500
{
834
31,500
376
54,000
530
{
76,500 1.
683
I
99,000
j
938
32.000
( 379
54,500
533
{
77,000 {
687
{
99,500
{
841
C
I
{
tl
!
100,000
643
Texas Insurance Rates Reference Guide February 22, 2007 Page 1 of 7
Resolution No. 2012—R0064
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