HomeMy WebLinkAboutResolution - 2005-R0564 - Amendment To Lease Agreement - Granite Construction Company - 12/15/2005Resolution No. 2005-RO564
December 15, 2005
Item 5.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a First Amendment of Lease
Agreement by and between the City of Lubbock and Granite Construction Company and
all related documents. Said First Amendment of Lease Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 15th day of
ATTEST:
f�&-C-' '2' , �� '--
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
ty
Ed Bucy, Right -of -Way Ag6fit
APPROVED AS TO FORM:
6Ta7 1�
Richard K. Casner, First Assistant City Attorney
ml/Richard/Rcsolutions/Granite Construction.res
November 30, 2005
FIRST AMENDMENT OF LEASE AGREEMENT
This First Amendment of Lease Agreement is made by and between the City of
Lubbock, a Texas home rule municipal corporation ("Lessor"), and Granite Construction
Company, a Texas corporation ("Lessee"), this IS -h day of December, 2005.
WHEREAS, pursuant to that certain Lease Agreement, dated on or about June 23,
1994 (Resolution No. 4533), Lessor leased the tract of land described therein to Williams
& Peters Construction, Inc.;
WHEREAS, by Assignment of Lease, dated on or about March 6, 2001, Williams
& Peters Construction, Inc. assigned the Lease Agreement to Lessee;
WHEREAS, on or about March 6, 2001, the assignment from Williams & Peters
Construction, Inc. to Lessee was consented to by the City of Lubbock (Resoution No.
2001-R0086).
NOW THEREFORE, Lessor and Lessee do hereby amend the Lease Agreement
as follows:
The description of the real property covered by the Lease, as set forth in
the first paragraph of the Lease Agreement, is hereby deleted in its entirety
and replaced with the following:
BEGINNING at the Southwest corner of Section 11, Block B,
Lubbock County, Texas;
THENCE North along the section line 750.00 feet to a point; point
being the Northwest corner of this tract;
THENCE East 750.00 feet to a point; point being the Northeast
corner of this tract;
THENCE South 750.00 feet to a point; point being the Southeast
corner of this tract;
THENCE West 750.00 feet along the South section line to the
Point of Beginning.
2. Lessor and Lessee do hereby confirm and ratify the Lease Agreement and
acknowledge that it is a valid and subsisting Lease Agreement, covering
the real property described in Paragraph 1, above, in all respects.
3. Except as expressly amended by this First Amendment of Lease
Agreement, the Lease Agreement shall remain valid and subsisting as
originally provided.
EXECUTED this 15th day of December , 2005.
LESSEE:
Granite Construction Company
1
By.
Nan/
Title: A cu Mevtaee
LESSOR:
City of Liybbock
ATTEST:
Re ecca Garza, City Secretary
om Adams, Deputy City Manager
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
Richard Casner
First Assistant City Attorney
ml/Richard/Granite Construction -I" Amend of Lease Agree
November 2, 2005
GAL, MAYOR
CITY OF LUBBOCK
CHANGE ORDER
Change Order #: 3 Contractor: Granite Construction
Date: 11/14/05 BID/ITB #: 05 -029 -VK
Contract #: 90355/90405 Project Name: Milwaukee Avenue Paving Impeovements -
92nd to 34's Street
Change Order within the scope of the contract means a Change Order that DOES NOT ALTER THE NATURE OF THE THING
TO BE CONSTRUCTED AND THAT IS AN INTEGRAL, PART OF THE PROJECT OBJECTIVE. After performance of a
construction contract begins, Change Orders may be approved if necessary to 1) make changes in plans or specifications;. or 2)
decrease or increase the quantity of work to be performed or materials, equipment, or supplies to be furnished. This DOES NOT
mean that a department can redefine the project. All work that alters the nature of the thine to be constructed or that is not an
integral part of the pro'eci t objective must be let out for public bid by the Purchasing Department. Description of change
(alteration, deviation, addition, or deletion) caused by conditions encountered during construction not covered by the
specifications and drawings of the project attach additional pages if necessary):
See Attachments. Itemized Costs, Explanation Memo and Supporting Documentation
Change Orders must either be negotiated in the best interest of the City of Lubbock or put out for public bid by the Purchasing
Department. Where the Change Order is negotiated, the Change Order must be fully documented and itemized as to costs,
including material quantities, material costs, taxes, insurance, employee benefits, other related costs, profit and overhead. Where
certain unit prices are contained in the initial contract, no deviations are allowed in computing negotiated change order costs.
ITEMIZED COSTS MUST BE FULLY DOCUMENTED AND ATTACHED TO THIS FORM.
ITEM DESCRIPTION AMOUNT
A. ORIGINAL CONTRACT VALUE: $17,316,932.50
B. AMOUNT OF THIS CHANGE ORDER: Council approval required if over $25,000
C. PERCENT OF CONTRACT VALUE THIS CHANGE ORDER (B/A): � �°
D. AMOUNT OF PREVIOUS CHANGE ORDERS: $203,360,00
E. TOTAL AMOUNT OF ALL CHANGE ORDERS (B+D): $350,628.83
F. PERCENT OF CONTRACT OF ALL CHANGE ORDERS (EIA): 2.5%mi...
G. NEW CONTRACT AMOUNT (A+E): $17,667,561.33
It is mutually agreed that the above dollar amount and the time extension, as applicable, as set forth in this Change Order constitutes
full compensation to the Contractor for all costs, expenses and damages to the Contractor, whether direct, consequential or otherwise,
in anyway incident to, or arising out of or resulting directly or indirectly; from the work performed or modified by the Contractor
under this Change Order.
fl) CO CTOR
Date 115JECT ARt'flMCT/ENGINEER Date
Appo 'nt,
Approved as to Form:
ERISNTATIE
Dat Date
(5) DIR CTOR DF FISCAL POLICY
Date (6) PURCHASING IND CONTRACT MANAGER Date
Chang rders over $Z4 require a Contract Cover Sheet and the following signatures:
C 0 K
ST:,
`jr zk' o /
(7) MAYOR
Date (8) Cr Y SECRETARY Date
�, /
Council Date:/ 10
Agenda Item #: .:51� Resolution #:
PUR-045 (Rev 05105)
City of Lubbock
Milwaukee Avenue Paving Improvements
34th Street to 92nd Street
Change Order ##3 Itemized Costs
Item Description Unit Price Quantity Extension
Reduce Item 70 - Raise existing manhole
VF
$
(440.00)
18
$
(7,920.00)
1 Manhole riser using Anti -corrosive material
VF
$
690.00
18
$
12,420.00
2 Work Zone Pavement Markings (4")(Y)(SLD)
LF
$
0.87
1,620
$
1,409.40
3 Irrigation Sleeves (6" Sch 40 PVC)
LF
$
40.00
146
$
5,840.00
4 Lowering Waterline beneath 82nd Street
LS
$
28,519.43
1
$
28,519.43
5 Shallow backfill material on box culverts - ASB
SY
$
25.00
4,280
$
107,000.00
TOTAL for Change Order #3 $ 147,268.83
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MEMO
TO: Lubbock City Council
FROM: Parkhill, Smith & Cooper, Inc.
SUBJECT: Milwaukee Avenue Change Order #3
DATE: November 14, 2005
Council Members:
PSC Job No: 01.2872.05
This memo provides a detailed explanation of changes to the Milwaukee Avenue Extension Project
Requested in Change Order #3. These five items were not included in the original bid and therefore
require a change in contract and project construction cost.
Item #1— Extra vertical feet of manhole riser using Con Shield anti -corrosive material
In response to an email dated July 5, 2005 from Wood Franklin, PSC instructed the contractor via
Field Clarification #4 dated July 7, 2005, to use this special riser material for all original 72 -inch
diameter manholes being raised to grade. All of the original manholes on the 36" sewer main
were 72 -inch diameter manholes constructed with this corrosion inhibiting material. This
instruction was given after the contract let because the City wanted to use the identical material
for the risers on the existing 72" manholes. The bid item for this work (Item 70) made no
reference to special material or diameter. Requiring the special riser material changed the unit
price for the 72 -inch diameter risers from $440 per VF to $640 per VF. Since the contractor has
already been paid for all of this work at the original bid price, the change in this item will pay
them the difference of $4,500.00 for the change in material. No change in payment will be made
for 60 -inch diameter risers installed per Item 70 as these risers did not require the special
material.
Item #2 — Work zone pavement markings (4")(Y)(SIJD)
This item was not included specifically in the Construction Plans or Bid Tab. Adding this item is
necessary for safe traffic handling on the temporary pavement from 34`h street to 43rd street. See
letter from Granite July 15, 2005. This additional material and work will cause an increase to the
contract of $1,404.40.
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock EI Paso
Midland
Amarillo
Odessa
Item #3 — Irrigation sleeves (6" Sch 40 PVC)
This item was added to the project at the request of the City of Lubbock Parks Department via
PSC Request For Information (RFI) #3 on June 3, 2005. PSC received a price for this work on
August 30, 2005 (see letter dated August 8, 2005, attached). These irrigation sleeves provide for
future installation of irrigation piping to the raised earthen median along the center of Milwaukee
Avenue through McAlister Park. This additional material and work will cause an increase to the
contract of $5,840.00.
Item #4 — Lowering waterline beneath 82' d Street
Field Clarification #6 dated July 28, 2005 contains a new plan sheet with a change in the original
design of the waterline being installed beneath 82d Street. Several utilities in the vicinity were in
conflict with the proposed location of the new waterline. In the interest of time and potential high
cost to relocate 3-4 utilities, including a high pressure gas line and fiber optic cables, a redesign
of the waterline was issued. This is a Lump Sum item which is a result of the re -design and is in
addition to the work items included in the original bid. (see letter dated August 30, 2005 from
Granite, attached). This additional work will cause an increase to the contract of $28,519.43.
Item #5 — Shallow backfill material on box culverts — ASB
PSC -RFI #6 dated August 23, 2005 instructs the contractor to use Asphalt Stabilized Base (ASB)
base to fill the area between the top of box culvert and bottom of subgrade on all boxes with less
than two feet of cover. This is a new item of work that was added because the questionable
stability of native material fill if the depth of cover on top of the large box culvert structures is
less than two feet. ASB is a much more stable fill material, which is easily compacted in shallow
lifts and will not change (weaken due to high moisture), as native material found on this project
would, if exposed to weather during construction or after.
Pricing for this additional material was provided by letter dated August 30, 2005 at $53.50 per
ton. Granite estimates that the quantity of ASB required for this project will be 2000 tons (per
letter dated November 11, 2005). This additional quantity will be converted to equivalent square
yards of 9" ASB as this item is already part of the base bid. So at $25/SY the change will be
4,280 SY of ASB for a total of $107,000.00 added to this contract.
R:4pmpcts120U5.2872.05WIVILWhange OrdenWhange Order #3_F.xp"tiomDOC
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock EI Paso
Midland
Amarillo
Odessa
FIELD CLARIFI CA TION MEMO #4
THE NOTIFICATION OR SKETCH BELOW IS TO BE USED TO CONSTRUCT THE CONDITION AS
REQUIRED DUE TO CHANGED FIELD CONDITION(S), A REQUEST BY THE CONTRACTOR,
MODIFICATIONS REQUIRED TO CORRECT IMPROPERLY FABRICATED MATERIALS OR OTHER
CONDITIONS REQUIRING A CLARIFICATION OR MODIFICATION. NO CHANGE IN THE
CONTRACT AMOUNT IS IMPLIED OR AUTHORIZED.
TO: Mike Oliver
FROM: Sean Cudnoski, P.E. r
SUBJECT: Existing Sewer Manhole Riser Material
DATE: July 7, 2005
PSC Job No: 01-2572-05
Mr. Wood Franklin of the City of Lubbock Water Utilities has authorized (via email correspondence on
July 5, 2005) the use of Con (MIC) Shield Corrosion Inhibitor Concrete additive to be used for all
existing manholes to be raised to grades shown on the plans. This material is not necessary for new sewer
manholes.
Based on the information received from Granite Construction on July 5, 2005, Item 70 on the Base Bid
will be revised via Change Order #2 to say:
"Raise existing manhole to finished grade using Con (MIC) Shield Corrosion Inhibitor
Concrete additive & color to denote additive, including all necessary accessories, furnished
and installed, complete and in place, per vertical foot"
This change in material will cause a change in Unit price from $440.00 per vertical foot to $690.00 per
vertical foot.
This change in material and price will cause an increase to the contract of approximately $7,500.00.
In the interest of time, the contractor is released to proceed with the submittal procedure for this item.
Once submittals are accepted, material can be ordered and installed
Copies sent to: File
Larry Hertel, City (2)
Jason Swofford, P.E., Hugo Reed
PARKHILL, SMITH 8 COOPER, INC.
Engineers - Architects - Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock EI Paso Midland Amarillo Odessa
GRRnrm
cons muc'non
comPnny ,,
JULY 15, 2005
Mr. Gary Dawson P.E.
Parkhill, Smith & Cooper Inc
4222 85`h Street
Lubbock, Texas 79423
Re: Milwaukee Ave Paving Improvements
Mr. Dawson,
As requested by Sean Cudnoski on July 13, the price for work zone pavement markings
are as follows.
Work Zone Pavement Markings (4")(Y)(SLD) $0.87 / LI~.
Thank you for your consideration in these matters.
Sincer
ti
4 AL
R. Michael Oliver
Project Manager
Granite Construction Co.
Cc: Jeff Badke
P.O. Box 3130
Lubbock, TX 79452
(806) 748-9170
FAX (806) 748-9468
REQUEST
FOR INFORMATION
DATE: June 3, 2005 RFI #: 43
TO:
PROJECT:
Granite Construction FROM: Parkhill, Smith & Cooper, Inc.
ATTN: Mike Oliver Address: 4222 85" St
Milwaukee Avenue Paving
Improvements — 92nd to 34'b
PSC PROJECT#: 01-2872-05
*Items to be completed by Contractor before submittal to PSC for review.
Lubbock, TX 79423
Phone: 806 473-2200
Fax: 806 473-3500
Specification Section/Paragraph No.: None Drawing Reference/Detail No.: W&S-10
Request:
Provide a 6 -inch Schedule 40 PVC sleeve for future irrigation lines (by others) to the street median at McAlister Park
at two locations as described:
Station 227+03.5; Begin at 4.0 feet offset right of street centerline to 75.0 feet offset right of street centerline
— 71 LF
Station 231+70.0; Begin at 0.0 feet offset right of street centerline to 75.0 feet offset right of street centerline
— 75 LF
Install the PVC sleeve at a grade that provides 1.0 foot of clearance from the bottom of the sleeve to the top of the
existing 10 -inch waterline that is along the east ROW of Milwaukee. Install the joints with the bells facing east.
Provide the surveyed coordinates of each end of both sleeves using NAD 83 State Plane Texas North Central Zone
and elevations of all four (4) ends using NAVD 88 datum.
Please provide a detailed price breakdown for this activity.
*Contractor Proposed Solution and/or cost.
*Signed by: Response needed in days
No RFI tracking number assigned
Response:
❑ Attachments:
Response From: To: Date Recd: Date Ret'd:
Signed by:
Copies: ❑ Owner ❑ Consultants ❑ ❑
PARKHILL, SMITH S COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
Lubbock EI Paso Midland Amarillo Odessa
GRRnIT�
AUG s
1005 CanSRuman
coi rnnu mNr-E
1922
PSC
August 8, 2005
Mr. Gary Dawson P.E.
Parkhill, Smith & Cooper Inc
4222 85" Street
Lubbock, Texas 79423
Re: Milwaukee Ave Paving Improvements
Mr. Dawson,
Please find the revised pricing information for the following item. As requested on RFI
the price for installing 6" schedule 40 PVC irrigation sleeves at station 227+03.5 and
231+70.0 is $40.00 f LF.
Thank you for your consideration in these matters.
Sinc y
R. Michael Oliver
Project Manager
Granite Construction Co.
Cc: Jeff Badke
P.O. Box 3130
Lubbock, TX 79452
(806) 748-9170
FAX (806) 748-9468
FIELD CLARIFICATION MEMO #6
THE NOTIFICATION OR SKETCH BELOW IS TO BE USED TO CONSTRUCT THE CONDITION AS
REQUIRED DUE TO CHANGED FIELD CONDITION(S), A REQUEST BY THE CONTRACTOR
MODIFICATIONS REQUIRED TO CORRECT IMPROPERLY FABRICATED MATERIALS OR OTHER
CONDITIONS REQUIRING A CLARIFICATION OR MODIFICATION. NO CHANGE IN THE
CONTRACT AMOUNT IS IMPLIED OR AUTHORIZED.
TO: Mike Oliver
FROM: Sean Cudnoski, P.E.
4.,,.
SUBJECT: Redesign of Waterline and Casing under 82W Street
DATE: July 28, 2005 PSC Job No: 01-2572-05
Based on the recently discovered location and elevation of several utilities on the north side of 82nd Street,
it is necessary to redesign the proposed waterline and casing in this vicinity.
You will find attached a revised sheet (W&S4) showing new elevations and slopes on the 20" water line
and casing.
Please replace this sheet in your set of plans. For any items related to this redesign that were not included
in the bid proposal, please submit a construction estimate for the additional items for approval.
Copies sent to: File
Larry Hertel, City (2)
Jason Swofford, P.E., Hugo Reed
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street, Lubbock, Texas 79423
Phone (806) 473-2200 Fax (806) 473-3500
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August 30, 2005
Mr. Gary Dawson F.E.
Parkhill, Smith & Cooper Inc
4222 85th Street
Lubbock, Texas 79423
Re: Milwaukee Ave Paving Improvements
Mr. Dawson,.
As requested by field clarification 6, the price for lower the 20" C-905 casing under 82nd
street, the additional depth for the manhole vault and 20" gate valve is $28,519.43.
Thank you for your consideration in these matters.
Sinc e y
R. ichae101iver
Project Manager
Granite Construction Co.
Cc: JeffBadke
P.O. Bax 3130
Lubbock, TX 79452
(806) 748-9170
FAX (806) 748-9468
REQUEST
FOR INFORMATION
DATE:
TO:
PROJECT:
August 23, 2005
RFI S: PSC -06
Granite Construction FROM: Parkhill. Smith & Cooper. Inc.
AIM, Mike Oliver Address: 4222 85" St
Milwaukee Avenue Paving
Imorovements — 92 to 34"
PSC PROJECT#: 01-2872-05
Lu 7942
Phone: 806 473-2200
Fax: 806 473-3500
`Items to be completed by C4n4ractor before submittal to PSC for review.
Specification Section/Paragraph No.: 0?= Drawing Reference/Detail No.: None
Request:
Due to the shallow thickness of subgrade on top of several box culvert structures, PSC requests that Granite use
HMAC base to fill the area between the top of the boxes and bottom of concrete on all box culverts with less than two
feet of cover.
In order to keep from adding another bid item to the contract, PSC would like for Granite to use bid item 486 Asphalt
Stabilized Bass (r using the base bid price of $25 per square yard. At each stricture, the required volume of black
base needed to fill the area between the top of the stricture and the bottom of the pavement (lift thicknesses not to
exceed 6") will be quantified and the number of tons used will be converted to square yards at the nine inch
thickness.
Please respond to the method of calculating this additional material cost.
Contractor Proposed cost:
Signed by. Sean Cudnoski, P.E.
No RFI tracking number assigned
Response:
El Attachments:
Response needed in 5 days
Response From: To: Date Recd: Date Ret'd:
Signed by.
Copies: 0 Owner 0 Sub -Consultants Q
PARKHILL, SMITH & COOPER, INC.
Engineers • Architects • Planners
4222 85th Street. Lubbock, Texas 79423
Phone (806) 473-2200 Fax (808) 473-3500
August 30, 2005
Mr. Gary Dawson P.E.
Parkhill, Smith & Cooper Inc
4222 85`h Street
Lubbock, Texas 79423
Re: Milwaukee Ave Paving Improvements
Mr. Dawson,
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In response to RFI PSC -06 Granite Construction co agrees to calculate payment for
placing the City of Lubbock ASB over the drainage structures using the following
calculation: Multiply the number of tons of ASB placed over the structure by $53.50/ton
and divide that total dollar value by $25.04/sy. (tons x $53.50)/$25.00/ sy = SY for
payment.
Thank you for your consideration in this matter.
Since
R. Michael Oliver
Project Manager
Granite Construction Co.
Cc: Jeff Badke
P.O. Box 3130
Lubbock, TX 79452
(806) 748-9170
FAX (806) 7489468
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November 11, 2005
Mr. Sean Cudnowski P.E.
Parkhill, Smith & Cooper Inc
4222 85`h Street
Lubbock, Texas 79423
Re: Milwaukee Ave Paving Improvements
Mr. Cudnowski,
According to our estimation the quantity of Asphalt Stabilized Base required for backfill
of drainage structures will be approximately 2000 tons. This material will be placed at
the agreed price of $53.50 / ton.
Sinc y
R. ichae101iver
Project Manager
Granite Construction Co.
P.O. Box 3130
Lubbock, TX 79452
(806) 748-9170
FAX (806) 748-9468