HomeMy WebLinkAboutAgenda Report - July 17, 2013 C-10AGENDA ITEM C/ **'0
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreement for Pipeline
Engineering and Inspection at Lodi Transit Station with SFPP, L.P., (Santa Fe
Pacific Pipelines), of Orange, and Appropriating Funds ($20,000)
MEETING DATE: July 17, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute agreement for
pipeline engineering and inspection at Lodi Transit Station with
SFPP, L.P., (Santa Fe Pacific Pipelines), of Orange, and
appropriating funds in the amount of $20,000.
BACKGROUND INFORMATION: On March 20, 2013, City Council awarded a contract to
A.M. Stephens Construction, Inc., of Lodi, to replace the concrete
pavement, driveway, sidewalk and wheelchair ramps within the
Transit Station; install reinforced concrete pavement with an asphalt concrete overlay within
Sacramento Street; and perform other incidental and related work.
During the preconstruction and utility locating phase, SFPP/Kinder Morgan Energy Partners marked their
10 -inch petroleum -product pipeline located in an easement running through the driveway reconstruction
area. They informed the City inspector about the required engineering, inspection and associated cost while
the City's contractor works within 10 feet of the pipeline. City and SFPP/Kinder Morgan dispute whether the
City is required to reimburse SFPP/Kinder Morgan Energy Partners for engineering and inspection during
driveway reconstruction. However, to expedite the project and the agreement and to protect project funding,
staff recommends Council approve the agreement with SFPP/Kinder Morgan. The estimated cost of their
representation is $20,000 for 20 days (allowance) of inspection. The City will be refunded the balance
should the work be completed sooner.
FISCAL IMPACT: There will be decreased maintenance costs at the Lodi Transit Station and
on Sacramento Street associated with these improvements.
FUNDING AVAILABLE: An appropriation of $141,000 has been included for this project and will be
carried forward to FY 2013/14 budget. An additional appropriation of $20,000
is requested, for a total of $161,000.
Federal Transit Administration (FTA)/
Transportation Development Act (TDA) Funds (1251):
Requested Appropriation:
TDA (1251):
L
Jordan
Deputy City Manager/[ nternal ervices Director
F. Wally S ndelin
Public Works Director
Prepared by Lyman Chang, Senior Civil Engineer
cc: Deputy Public Works Director/City Engineer
APPROVED:
K:\WP\PROJECTS\TRANSIT\MultiModalConcretePavement\CSFPP.doc
Engineer
, City
$141,000
$20,000
$161,000
Transportation Manager
7/9/2013
PIPELINE ENGINEERING/INSPECTION AGREEMENT
This Pipeline Engineering/Inspection Agreement (this "Agreement") is entered into as of
and between the City of Lodi and SFPP, L.P., a Delaware limited partnership ("SFPP"),
with reference to the following facts:
A. SFPP owns, operates and maintains one 10" petroleum product pipeline and related
appurtenances (the "Pipeline") located in Lodi, CA
B. City of Lodi is planning on removing an existing driveway and re -installing a special
commercial driveway with new sidewalk, curb and gutter additions. (plans attached)
C. The construction of the Project will require the protection, and inspection of the Pipeline,
and will therefore require SFPP to provide pipeline engineering services (the
"Engineering Activities") to review City of Lodi plans for the Project and coordinate with
City of Lodi during the progress of the Project. SFPP will need to provide inspection
services for certain project activities that impact the pipeline.
D. SFPP agrees to proceed with the Engineering and Inspection Activities that are necessary
to facilitate progress of the Project, provided that City of Lodi agrees to pay all costs
relating to such Engineering and Inspection Activities.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, along with
other good and valuable consideration, the sufficiency of which is hereby acknowledged, SFPP and City
of Lodi hereby agree as follows:
1. Engineering and Inspection Activities. SFPP shall proceed with Engineering and
Inspection Activities that it determines are required from time to time to facilitate the construction of the
Project and to protect the integrity of the Pipeline. SFPP shall conduct the Engineering and Inspection
Activities in a good and workmanlike manner and in compliance with all applicable federal, state, and
local laws, rules and regulations.
2. Timing of Engineering Activities. SFPP will commence with the Engineering Activities
within 15 days after it has received a notice to proceed from City of Lodi along with the estimated cost of
the Engineering and Inspection Activities as set forth in Section 3 below. Neither party to this Agreement
shall be responsible to the other for damages resulting from delays in the performance of obligations
hereunder resulting from action of the elements, fire, flood, "Acts of God", strikes, lockouts, or any other
causes beyond said party's reasonable control.
3. Reimbursement for En 'nig eeringCom. City of Lodi shall pay SFPP the actual cost of the
Engineering and Inspection Activities associated with the Project. SFPP estimates that such initial cost
will be $20,000, including (i) consultant charges, (ii) equipment and materials, (iii) as well as for all other
engineering and inspection work related to the Project), (iv) company labor and company engineering
(including 42% for labor additives), and (v) 19.4% for administrative overhead costs.
City of Lodi shall pay the estimated cost with its notice to proceed with the Engineering
Activities. When the final accounting of the actual cost of the Engineering Activities is completed, SFPP
will submit an itemized billing to City of Lodi for review, together with an invoice for additional cost or
SFPP's check to reconcile any difference between the actual and the estimated cost. If the actual cost was
greater than the estimated cost, City of Lodi shall pay SFPP any invoiced amount within 30 days after
PL Engr-Insp Agmt,_COL-070113 REV 5.docx
PIPELINE ENGINEERINGANSPECTION AGREEMENT
receiving such invoice from SFPP. SFPP shall maintain records for 3 years of the actual costs incurred
and charged or allocated to the work in accordance with generally accepted accounting principles.
4 Entire Agreement This Agreement contains the entire agreement between the city of
Lodi and SFPP with respect to payments to SFPP for engineering activities associated with the
Project.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day
first written above.
City of Lodi
By: _
Name:
Title:
SFPP,L.P.
By: Kinder Morgan Operating L.P. "D,"
its General Partner
By: Kinder Morgan G.P., Inc.,
its General Partner
By! Kinder Morgan Management, LLC
The delegate of Kinder Morgan, G.P., Inc.
By:
Name:
Title:
PL Engr-Insp Agmt_COL-070113 REV 5.docx
ATTEST:
Randi Joh]
City Clerk
APPROVED AS TO FORM:
D. Stephen Schwabauer
City Attorney `
Ownership
LO
+
9-33-6
CD
+ 9-33-7
co
9-34-1
+ 9-34-2
c-' 9-34-3
9-34-4
a)
T'
9-34-6
9-34-7
1
9-34-8
C14
+ 9-34-9
CO
m
0)
+ 9-34-10
(0
+ 9-34-11
C)
9-34-12
+ 9-34-13
U')
T 9-34-14
U)
+
LO
0
to
CPR CO
N
I- CITY OF LOD]
cli
I-
CPR CO
r-
t- CPR CO
r-
r- CITY OF LODI
fl-
CPR CC
00
CPR CO
CITY OF LODI
C14
00
CPR CO
CC) CITY OF LODI
0)
CO CPR CO
-CITY OF LOD
M
CPR CO
-CITY OF LODI
m
01 CPR CO
m
m
m
Tract
m
296'
m
C14 W
o
04
424'
a)
04 21'
0')
C14 50,
04 88,
CA
312'
70'
38Z
70'
378'
70'
481'
N 70'
Cq 39,
Cq
Owner
Footage
County,
+
SAN
JOAQUIN
C
-TY,
-C A
C7
State
-OU
-N
P.I.
5
J
1_5
Stations
r, co
o+
&
a.
FL
a. a.
eq
*')
Angles
0
oo
+
+
+
r� I-
+ +
Go
+
+
t-
I* gn
+ +
=) C-4
Go
f
00
to co
00
co
m
OS
IJ
'�
c
Ar
C
Wii�Amj"
fi.C,
Y
�A
I
mi
1. AA#
2. JV#
Y'' ice. "i" �, t
..: �.�� PRPP . �.,. Q�;,€S
-20WIG
TO: Internal Services Dept. - Bud et Division
3. FROM: Rebecca Areida-Yadav 15. DATE: 713/2013
4, DEPARTMENT/DIVISION: Public Works
fi;0EIQUEST. ANUS,'CM
i ^1►W-K9 _ ,
FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT
A.
SOURCE OF
FINANCING
1251 12511 5496 TDA Capital $ 20 000.00
B.
USE OF
FINANCING
1251 125182 7720 Lodi Transit Station Facility $ 20,000-00
7:�REQUEST,IS MADE.7'�FUND THE�FOLLO�IING�P.RZ?J�G��I�O7 �CL�1QE�fll�f�F�E�UFZRENT �UD�ET � "'
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Agreement for pipeline enginering and inspection at Lodi Transit Station with SFPP, L.P.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: Res No: Attach copy of resolution to this form.
Department Head Signature:
$.-fAPPRQVA-L=`SIGNAtUAES.! ' t".Pi.. _
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
RESOLUTION NO. 2013-132
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AND AUTHORIZING CITY MANAGER TO
EXECUTE AGREEMENT FOR PIPELINE ENGINEERING AND
INSPECTION AT LODI TRANSIT STATION WITH SFPP, L.P.
(SANTA FE PACIFIC PIPELINES) AND FURTHER
APPROPRIATING FUNDS
WHEREAS, on March 20, 2013, City Council awarded a contract to A.M. Stephens
Construction, Inc., of Lodi, to replace the concrete pavement, driveway, sidewalk, and
wheelchair ramps within the Transit Station; install reinforced concrete pavement with an
asphalt concrete overlay within Sacramento Street; and perform other incidental and related
work; and
WHEREAS, during the preconstruction and utility locating phase, SFPP/Kinder Morgan
Energy Partners marked its 10 -inch petroleum -product pipeline located in an easement running
through the driveway reconstruction area; and
WHEREAS, the estimated cost of its representation is $20,000 for 20 days (allowance)
of inspection. The City will be refunded the balance should the work be completed sooner; and
WHEREAS, staff recommends approving the agreement with SFPP, L.P., authorizing
the City Manager to execute the agreement, and appropriating funds for the project.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the agreement for pipeline engineering and inspection at Lodi Transit Station with SFPP, L.P.,
(Santa Fe Pacific Pipelines), of Orange, California, in the amount of $20,000; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the agreement; and
BE IT FURTHER RESOLVED that funds for this project be appropriated in the amount of
$20,000 from Transportation Development Act funds.
Dated: July 17, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-132 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 17, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hansen
ABSTAIN: COUNCIL MEMBERS —None
OHL-OLSON
City Clerk
2013-132