HomeMy WebLinkAbout07-17-17 City Commission Packet Materials - C2. Amendment 3 with DOWL for ROW Acquisition on N. 7th
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Economic Development Specialist SUBJECT: Authorize the City Manager to sign Amendment No. 3 for Task Order No. 3 for Right of Way Acquisition for the North 7th Avenue Lighting and Streetscape Project
MEETING DATE: July 17, 2017
AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to execute Amendment 3 to Task Order No. 3 for the Professional Services Agreement with DOWL to provide Right-of-Way acquisition services for public access and utility easements to facilitate the completion of the North 7th Ave. Lighting and Sidewalk Project.
BACKGROUND: The Bozeman Midtown Urban Renewal Board (MURB) has been utilizing the existing Public Works Department contract for right-of-way acquisition to acquire public access and utility easements to facilitate the completion of the North Seventh Lighting and Sidewalk Project. Staff has been working very effectively with DOWL on this project, but it has taken more time than expected to negotiate with landowners. DOWL has effectively obtained donated easements on this project during their past 2 years of work, which is far less than the cost of purchasing these easements. This contract also includes obtaining temporary construction easements to allow for work on the project to occur more easily. In an effort to proactively acquire the right-of-way needed to make road and intersection improvements to the transportation network, public works and engineering solicited proposals from engineering firms interested in providing that service on a term contract basis. DOWL responded to this request and was selected to provide these services to the city. The contract was written to allow the issuance of task orders for each separate acquisition to be pursued. Fees for each acquisition will be on a time and materials basis.
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ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: The extension of this task order is $28,913, which is within the amount allotted for this activity in the Fiscal Year 2018 Work Plan and Budget.
ATTACHMENT: Amendment No. 3 for Task Order No. 3 for Right of Way Acquisition for the North 7th Avenue Lighting and Sidewalk Project with DOWL
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AMENDMENT #3
TO
TASK ORDER NUMBER 03
Issued under the authority of Professional Services Master Task Order Agreement between the City of
Bozeman and DOWL for:Professional and technical services for the acquisition of right of way,
easements and real property to allow for the construction of various street and utilities
improvements within the City of Bozeman
This Amendment to Task Order No. 3 is dated February 17, 2017 between City of Bozeman (City)and
DOWL (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Brit Fontenot
Contractor: Tony Gaddo, P.E., REALTOR®
SCOPE OF WORK:
The scope of work for Task Order No. 3-Amendment #3 is detailed in the attached Project Scope of Services.
COMPENSATION:
Contractor shall be reimbursed on a time and materials basis for the additional services with the original
budget increased by $28,913.00, to a revised total cost not to exceed $89,618.00. The total cost for Task
Order No. 3-Amendment #3 is detailed in the attached Project Cost Estimate. Contractor shall invoice no
more often than monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman Contractor
By:By:
Title: Title:
Date:Date:
Fed. ID. No. 92-0166301
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February 17, 2017
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Professional Services Agreement for Streets and Utilities Land Agent Services
Project Scope of Services
Task Order No. 3
Amendment #3
The City of Bozeman plans to construct the North 7th Avenue Lighting Improvements project,
and requires the acquisition of private property interests, in this case easements, to facilitate
construction. This Task Order No. 3-Amendment #3 is intended to outline the Scope of Services
that DOWL will provide to get that project to construction.
The scope of this project includes acquiring public access and utility easements for the N. 7 th
Avenue corridor from W. Main Street to Juniper Street. With this amendment for the R/W
acquisition project, DOWL will prepare Temporary Construction Easement (TCE) documents
and negotiate with land owners to finalize easement agreements for 24 parcels as shown on
Figure 1 attached (Mendenhall Street to Durston Road). TCE exhibits illustrating the easement
areas, including easement legal descriptions, will be provided by the City for each parcel.
Upon acceptance of this Task, DOWL will work with the project team members and property
owners to acquire the TCE’s. The intent of this project is to acquire donated temporary
easements for construction and therefore will not include valuation analysis for the easement
areas. The 12 parcels contained in the Mendenhall Street to Villard Street section will be
initiated first to coincide with construction plans.
Memorandum of Agreements (MOU) have been required by some property owners prior to
signing the previously completed permanent easement documents. DOWL will prepare or
modify previously completed MOU’s for parcels that require such information and will work
with the project team members to finalize the MOU language. To-date, one parcel in the
Mendenhall Street to Durston Road portion of the project has completed an MOU and its
anticipated two additional MOU documents will be required in this portion of the project.
Parcel exhibits, plats, figures, and construction plans will be provided by the City, unless noted
specifically in this scope. DOWL will coordinate with the City staff on project progress and
meetings with project team members.
The following activities will be conducted for Amendment #3 as outlined below in addition to
the activities outlined in the original task order.
1.0 PROJECT RESEARCH
·Property ownership information will be verified for 24 parcels.
·Copies of recorded easements completed to-date for the project will be obtained and
provided to the City.
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February 17, 2017
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2.0 PROPERTY OWNER CONTACT
·Additional work is not included in this scope.
3.0 TITLE COMMITMENTS
·Additional work is not included in this scope.
4.0 APPRAISALS AND REVIEW APPRAISALS
·Additional work is not included in this scope.
5.0 ACQUISITIONS
·Conduct meetings with property owners to acquire 24 donated TCE’s (see Figure 1).
·Modify one existing MOU with Parcel T.
·Prepare two anticipated Memorandum of Understanding documents for property owners
as required.
6.0 RELOCATION SERVICES
·Additional work is not included in this scope.
7.0 CLOSING
·DOWL will coordinate execution of easement documents.
·The easements will be recorded and official copies returned to the City.
·QA/QC of deliverables
8.0 FINAL SUBMITTAL AND CLOSEOUT
·Deliver completed TCE and MOU documents
·Project closeout.
·QA/QC of deliverables
9.0 PROJECT MANAGEMENT
·Attend coordination meetings with project team members.
CONTINGENCY
Due to the nature of property acquisition work, the time required to work with individual
property owners varies significantly. The scope of services as detailed in this document includes
all the necessary steps to acquire easements from private owners, but much of that work relies on
good cooperation and timely responses from all parties. The contingency item serves to capture
the possible additional costs incurred during the acquisition process due to challenging situations
with property owners.
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Prepare and acquire TCE'sLEGEND(24)FIGURE 110
Activity Tasks Total Hours
Real Estate
Manager
Project
Manager /
Coordinator
Right of Way
Agent
Title
Specialist
Assistant
Coordinator
Professional
Surveyor Survey Crew Clerical
1.0 PROJECT RESEARCH
Verify current ownership information.4 4
Obtain copies of completed easement 1 1
SUBTOTAL (HOURS)5 0 5 0 0 0 0 0 0
2.0 PROPERTY OWNER CONTACT
Compile Contact Information
Initiate Contact
Work on Agreements
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
3.0 TITLE COMMITMENTS
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
4.0 APPRAISALS AND REVIEW APPRAISALS
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
5.0 ACQUISITIONS
Conduct meetings with property owners 93 1 92
Prepare/Modify 3 MOU Documents 15 2 12 1
Prepare 24 TCE documents 51 2 40 8 1
SUBTOTAL (HOURS)159 5 144 8 0 0 0 0 2
6.0 RELOCATION SERVICES
SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 0
7.0 CLOSING
Complete closing for TCE's 8 8
Coordination 4 4
SUBTOTAL (HOURS)12 0 0 12 0 0 0 0 0
8.0 FINAL SUBMITTAL AND CLOSEOUT
Deliver Completed TCE's and MOU's 2 2
Project Closeout 2 2
QA/QC of Deliverables 5 1 2 2
SUBTOTAL (HOURS)9 1 6 2 0 0 0 0 0
9.0 PROJECT MANAGEMENT
Project administration.2 2
Coordination meetings.4 4
SUBTOTAL (HOURS)6 0 6 0 0 0 0 0 0
CONTINGENCY
Negotiation Challenges 42 2 40
Total Project Hours 233 8 201 22 0 0 0 0 2
WORK TO BE COMPLETED
City of Bozeman R/W Acquisition: Task Order No. 3 Project Cost Estimate--N. 7th Ave. Lighting--Amendment #3 DATE: 2/17/2017PROJECT NO: 4524.11402.03 EST. PREPARED BY: DOWL PAY SCH.: Time and Materials--NTE
Not Applicable
Not Applicable
Not Applicable
Not Applicable
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Hours % of total Rate Extension
Real Estate Manager BW 8 3%160.00 1,280.00
Project Manager / Coordinator TG 201 86%125.00 25,125.00
Right of Way Agent DK/CM 22 9%105.00 2,310.00
Title Specialist CM 0 0%105.00 0.00
Assistant Coordinator CS, JS 0 0%120.00 0.00
Professional Surveyor TR 0 0%130.00 0.00
Survey Crew TR & FM 0 0%225.00 0.00
Clerical BOZ 2 1%55.00 110.00
TOTAL HOURS 233
TOTAL LABOR $28,825.00
Unit Quantity Rate
Computer Hours Per Hour 0.00
Title commitments Each Per Parcel 0.00
Vehicle Rental Days Per Day 0.00
Mileage Miles 88 Per Mile $1.00 88.00
Airline Trips Trips Per Trip 0.00
Lodging Days Per Day 0.00MealsDaysPer Day 0.00
TOTAL DIRECT NONLABOR $88.00
R/W AppraisalsR/W Review Appraisals
TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $0.00
Total Direct Labor 28,825.00Total Direct NonLabor 88.00
Total Outside Services & Subcontracts 0.00
TOTAL ESTIMATED AMENDMENT #3 COST (NTE)$28,913.00
TOTAL CURRENT CONTRACT COST (NTE)$60,705.00
TOTAL ESTIMATED COST (NTE)$89,618.00
DIRECT NONLABOR
OUTSIDE SERVICES AND SUBCONTRACTS (LUMP SUM)
RECAPITULATION
COST SUMMARY
Miscellaneous (Blueline prints, mylars, multilith paper, telephone,
postage, misc. equipment rental, maps, photos, survey mtls., display boards, etc.)
DIRECT LABOR
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