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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 K:\FM—L)tgfties\063126OD5%PPP\KHA_Contrad\A,mendment 2NWorW1enBudgSt-AMend2-*m Printed: 121912011, 7:17 AM 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 a �g m s ; it � i� k "+'s#'�`1'• f7ii1� �� �;4t1� st fAl ' # _ir Tk Y _ -® - F� j 2 ' s, en "Ily, --= LOG P-2gqk,= YI _ 821ald St - � I m - - wow h.. i— 98th St w,� NweMeER xa+, Ew" a vi i r City of Lubbock N r�...�� � r-9xe kc A "¢`AE° N°` SOUTH SEWER EXTENSION wEo m DES*N: rau BID PACKAGE B g iauxo.. ne�tmoos K;%TW Vtlme ft,1z9WS615lMMS+B'ie P..,. 3m