HomeMy WebLinkAbout12-15-20 City Commission Packet Materials - C9. TO11 and TO12 w Sanderson-Stewart for RoW on Griffin DrMemorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Engineer III
Shawn Kohtz, City Engineer
Mitch Reister, Director of Public Works
SUBJECT:Authorize the City Manager to Sign Task Orders 11 and 12 with Sanderson
Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th
to Rouse Project
MEETING DATE:December 15, 2020
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Task Orders 11 and 12 with Sanderson
Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th
to Rouse project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached are copies of partially executed task orders with Sanderson Stewart
for acquisition of the necessary permanent and temporary easements
associated with the construction of the Griffin Drive - 7th to Rouse project.
The design of the improvements for Griffin Drive is nearing completion. In
order to construct the improvements, there are ten (10) parcels along the
corridor that will require permanent and temporary easements and twelve
(12) parcels that will require only temporary construction easements. The
City has a term contract with Sanderson Stewart for right of way acquisition
services. These task orders will add to that existing contract.
During the process of working with Sanderson Stewart on the design, a time
sensitive right of way opportunity was identified. It was in the best interest
of the project to move forward with pre-acquisition activities on several
parcels. Due to the time sensitive nature of this, we proceeded with the
work identified in Task Order 11. Task Order 12 is for the remaining right of
way acquisition associated with the Griffin Drive project.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The proposed fee for the scope of work outlined in these task orders is paid
on a time and materials basis with a not to exceed total cost. The not to
exceed amount for Task Order 11 is $4,335 and Task Order 12 is $97,650.
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The funds for this are available from and will be drawn from SIF133, Griffin
(7th to Rouse) Design.
Attachments:
20201023_Griffin Drive_TO11.pdf
20201104_Griffin Drive_TO12.pdf
Report compiled on: December 3, 2020
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Initials
October 23, 2020
Mr. Taylor Lonsdale, PE
City of Bozeman
20 East Olive St.
Bozeman, MT 59715
Reference: City of Bozeman Land Agent Services
Project Scope of Services – Task Order No. #11
West Griffin Drive Pre-acquisitions
Dear Mr. Lonsdale:
Sanderson Stewart is pleased to provide this scope of services for land agent services for street and
utility improvements for the West Griffin Drive corridor. These services are to be performed under
the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 –
FY 2020) for realty and engineering services. If this scope of services is acceptable to you, please
execute this agreement where noted.
Overview
We understand the City of Bozeman intends to construct street and utility improvements in the
West Griffin Drive corridor in the near future. The future project improvements will provide
improved public transportation and utility facilities to cover current and future development growth
in the north-central part of Bozeman. It is the intent of the full R/W acquisition phase to acquire all
necessary R/W for the project corridor, however, two parcels for planned acquisitions would benefit
from pre-acquisition negotiations, Parcels 20 and 33. Parcel 20 is currently being developed with a
building and parking lot that requires coordination to avoid potential impacts with the road design.
The Gallatin Village Trailer Court (Parcel 33) covers two tracts of land that has mobile home units
in close proximity to the proposed road improvements, requiring early coordination.
The City of Bozeman and Northwestern Energy (NWE) have entered into an exchange agreement
that will transfer land from the City to NWE. The property to be transferred to NWE is the adjacent
tract of land on the north side of Parcel 33. A draft Certificate of Survey has been prepared for the
exchange agreement that shows the north property line of Parcel 33 will be adjusted to include
currently encroaching mobile home units on the tract of land to be transferred to NWE. As the
West Griffin Drive project will require new permanent R/W along the south side of Parcel 33, an
exchange agreement with Parcel 33 has been requested to facilitate the property line adjustment and
new R/W acquisition for Parcel 33 between the trailer court and the City. Figure 1 showing the
parcels for pre-acquisition is attached to the scope of services.
TG
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Mr. Taylor Lonsdale
October 23, 2020
Page 2
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Scope of Services
Sanderson Stewart will provide the following services as part of its basic services:
1. Project Research
This task includes the preliminary R/W activities to obtain pertinent project information.
Subtasks under Item 1 include the following:
· Coordination meeting with the project team members
· Obtain current deeds and ownership information for two parcels.
2. Initial Property Owner Contact
This task includes initiating coordination efforts with affected property owners. Subtasks
under Item 2 include the following:
· Compile contact information.
· Initiate contact with owners.
3. R/W Mapping & Exhibits
This task consists of the preparation of R/W exhibits and figures. Subtasks under Item 3
include the following:
· Sanderson Stewart is under contract to design the road project and will provide any
available proposed design and right-of-way plans/drawings for the project area.
· Prepare preliminary exhibits for Parcel 33 showing adjusted property lines and
proposed R/W acquisition areas to supplement the exchange agreement.
· Road design plans will be utilized for coordination efforts with the owner of Parcel
20. New exhibits or figures will not be prepared for Parcel 20.
· QA/QC of exhibits
4. Prepare Contracts
This task includes the preparation of the exchange agreement, including agreements,
exhibits, figures, and correspondence letters. Subtasks under Item 4 include the following:
· Prepare an exchange agreement between the City and the property owner of Parcel
33.
· The exchange agreement between the City and Parcel 33 will reference the proposed
north boundary line adjustment and proposed West Griffin Drive R/W acquisition
needs affecting Parcel 33. The signed agreement will require both the City and Parcel
33 property owner to coordinate all activities to finalize the road R/W acquisition
documents as necessary to acquire additional R/W when the R/W phase begins.
TG
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Mr. Taylor Lonsdale
October 23, 2020
Page 3
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· Parcel 20 does not require an agreement.
· R/W acquisition agreements for proposed permanent easement and temporary
construction permit will be prepared during the full R/W acquisition phase to begin
at a later date.
· QA/QC of documents.
5. Acquisitions
This task includes conducting the pre-acquisition meetings with affected property owners
and modifying the initial agreement based on owner/client meetings. Subtasks under Item 5
include the following:
· Conduct pre-acquisition meetings with the property owner of Parcels 20 and 33
(minimum of 3 meetings).
· Coordinate with the owner of Parcel 20 to mitigate potential impacts with the new
private parking lot and proposed road design plan impacts.
· Complete the final exchange agreement including exhibits/figures for Parcel 33.
· QA/QC of documents.
Deliverables:
1. Owner-signed exchange agreement, including exhibits/figures for Parcel 33.
2. Historical summary of conversations and details for Parcel 20.
6. Project Administration
This task includes activities to manage the project requirements, deliverables, and tasks.
Subtasks under Item 6 include the following:
· Project status updates
· Budget and schedule monitoring and planning
· Invoicing and billing
The following items are not included in the scope of services or project budget for this project and
are therefore specifically excluded from this scope of services:
· Engineering or right-of-way design services
· Eminent domain proceedings, expert witness testimony, costs, or other services
necessary for legal proceedings
· Additional costs related to the actual purchase price of property interests as detailed
in R/W acquisition agreements
· Relocation costs paid to property owners as detailed in R/W acquisition agreements
If needed, these items will be added as a separate task order or contract amendment.
TG
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Mr. Taylor Lonsdale
October 23, 2020
Page 4
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Services not set forth above as basic services are specifically excluded from the scope of Sanderson
Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not
specifically listed as basic services.
Additional services are not included in the basic services. If the Client and Sanderson Stewart agree
in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as
requested by the Client.
Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to
provide, without advance authorization from the Client, other services made necessary by the default
of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the
contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon
as reasonably possible.
Project Schedule
Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will
immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W
pre-acquisition activities prior to the City and NWE Exchange agreement being finalized November
16, 2020.
The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control
may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement.
Sanderson Stewart will perform these services with reasonable diligence and expediency consistent
with sound professional practices.
Fees and Billing Arrangements
Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a
total cost not to exceed $4,335.00. Sanderson Stewart will begin work once this agreement has been
executed by both parties.
Right-of-Way Pre-Acquisition
1. Project Research $330.00
2. Initial Property Owner Contact $290.00
3. R/W Mapping & Exhibits $392.50
4. Prepare Contracts $827.50
5. Acquisitions $2,235.00
6. Project Administration $260.00
Total $4,335.00
TG
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Mr. Taylor Lonsdale
October 23, 2020
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Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar
month. Monthly invoices shall include, separately listed, any charges for services for which time
charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges
for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be
submitted by Sanderson Stewart as soon as possible after the end of the month in which the work
was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that
the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless
the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson
Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for
additional backup.
Conclusion
Mr. Lonsdale, we look forward to working with you on this very exciting project. Feel free to call me
at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your
approval, simply mail or email this signed and dated agreement to our office at 1610 Ellis St Suite
2B, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you.
Sincerely,
Tony Gaddo, P.E., REALTOR®
Senior Engineer /
Right-of-Way Specialist
TG/DS
Enc.
**** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES ****
TG
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Mr. Taylor Lonsdale
October 23, 2020
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This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City)
and Sanderson Stewart (Contractor).
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date: Date:
TG
Tony Gaddo
Project Manager
10/23/2020
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FIGURE 1NORTH075SCALE:1" = 150'15075PARCEL 19PARCEL 20PARCEL 17PARCEL 16PARCEL 18PARCEL 21PARCEL 27PARCEL 29PARCEL 31PARCEL 33PARCEL 34PARCEL 35PARCEL 28PARCEL 30PARCEL 32110
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Initials
November 4, 2020
Mr. Taylor Lonsdale, PE
City of Bozeman
20 East Olive St.
Bozeman, MT 59715
Reference: City of Bozeman Land Agent Services
Project Scope of Services – Task Order No. #12
West Griffin Drive – North 7th Avenue to North Rouse Avenue
Dear Mr. Lonsdale:
Sanderson Stewart is pleased to provide this scope of services for land agent services for street and
utility improvements for the West Griffin Drive corridor from North 7th Avenue to North Rouse
Avenue. These services are to be performed under the Professional Services Agreement for Streets
and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If
this scope of services is acceptable to you, please execute this agreement where noted.
Overview
We understand the City of Bozeman intends to construct street and utility improvements in the
West Griffin Drive corridor in the near future. The future project improvements will provide
improved public transportation and utility facilities to cover current and future development growth
in the north-central part of Bozeman. To facilitate the improvements, additional permanent and
temporary right-of-way is required. Sanderson Stewart will provide professional right-of-way (R/W)
acquisition services to acquire new R/W for the project as shown on the attached Figure 1.
Scope of Work
Sanderson Stewart will provide the following services as part of its basic services:
1. Project Research
This task includes the preliminary R/W activities to obtain pertinent project information.
Subtasks under Item 1 include the following:
· Obtain and review available preliminary design plans and project documentation.
· Coordination meeting with the project team members
· Obtain current deeds and ownership information.
TG
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Mr. Taylor Lonsdale
November 4, 2020
Page 2
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Initials
2. Initial Property Owner Contact
This task includes initiating coordination efforts with affected property owners. Subtasks
under Item 2 include the following:
· Compile contact information.
· Initiate contact with owners.
· Conduct pre-acquisition meetings with affected property owners.
3. R/W Mapping & Exhibits
This task consists of the preparation of R/W exhibits to acquire property interests. Subtasks
under Item 3 include the following:
· Sanderson Stewart is under contract to design the road project and will provide any
available proposed design and right-of-way plans/drawings for the project area.
· Permanent easements and temporary construction permits adjacent to West Griffin
Drive will be acquired on ten (10) parcels of land (Parcels 13, 15, 17, 19, 20, 22, 25,
and 32-34).
· Temporary construction permits (only) adjacent to West Griffin Drive will be
acquired on twelve (12) parcels of land (Parcels 14, 16, 18, 21, 23, 24, and 26-31).
· Prepare preliminary easement/permit exhibits for 22 parcels of land.
· QA/QC of exhibits
4. Title Commitments
This task consists of the preparation of title commitments for affected property interests.
Subtasks under Item 4 include the following:
· Title commitments will be secured for ten (10) parcels of land (Parcels 13, 15, 17, 19,
20, 25, and 32-34). Parcel 33 incorporates two legally separate tracts of land,
requiring two title commitments
· Team coordination
5. Appraisals and Valuations
This task includes the preparation of valuation documents to value the property rights to be
acquired. Subtasks under Item 5 include the following:
· Two (2) full appraisal narratives will be prepared for Parcels 13 and 34 by a licensed
appraisal subconsultant for complicated acquisitions (scope attached).
· Review appraisals are not included in this scope of services.
· Waiver valuations will be completed for five (5) parcels (Parcels 15, 17, 19, 20, and
32) by Sanderson Stewart for simple acquisitions.
TG
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Mr. Taylor Lonsdale
November 4, 2020
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· For parcels with temporary construction permit acquisitions only, the R/W
agreements will include lump sum compensation amounts determined by the City
(Parcels 14, 16, 18, 21, 23, 24, and 26-31).
· Valuation documents will not be prepared for Parcels 22, 25 and 33 as compensation
amounts will not be included in the R/W agreements. Parcel 22 (BNSF/MRL) will
be an exchange agreement without compensation. Parcel 25 (HRDC) is being
redeveloped and is required to dedicate the necessary R/W as part of the City’s
development process. Parcel 33 (Gallatin Village Trailer Court) will be an exchange
agreement without compensation in conjunction with adjustment of property lines
part of an adjacent City project.
· Team coordination
· QA/QC of waiver valuations
6. Prepare Contracts
This task includes the preparation of the offer packages to acquire R/W, including
agreements, easements, temporary construction permits, exhibits, figures, and
correspondence letters. Subtasks under Item 6 include the following:
· Sanderson Stewart is under contract to design the intersection of North 7th Avenue
and West Griffin Drive for the Montana Department of Transportation (MDT). It’s
anticipated the required R/W for MDT’s project and this project will be acquired by
MDT on Parcels 1 through 13, as required. Parcel 13 includes R/W acquisition to be
completed separately by both MDT and the City.
· Parcel 22 is owned by BNSF/MRL. Previous discussions with City and MRL staff
indicated the parties will agree to an easement exchange: MRL will grant a new road
easement and temporary construction permit for West Griffin Drive and the City
will release an existing county road easement that runs parallel to the railroad tracks
and Manley Road. Sanderson Stewart will facilitate the exchange agreement.
· Parcel 25 was recently purchased by HRDC for their new warming center. With
upcoming development of the property, it is anticipated HRDC will grant the
necessary R/W for the project prior to their development plans. A permanent
easement and temporary construction permit will be prepared for this parcel.
· Parcels 26 and 27 are owned by Northwestern Energy (NWE). NWE recently
redeveloped their property and were supposed to have granted the required R/W to
the City. Sanderson Stewart will coordinate with the City and NWE to verify the
necessary easements prepared as part of the development project have been
recorded. A new temporary construction permit will be prepared for both parcels to
facilitate roadway improvements.
· Permanent easements and temporary construction permits adjacent to West Griffin
Drive will be prepared for and acquired on ten (10) parcels of land (Parcels 13, 15,
17, 19, 20, 22, 25, and 32-34).
TG
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Mr. Taylor Lonsdale
November 4, 2020
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· Temporary construction permits (only) adjacent to West Griffin Drive will be
prepared for and acquired on twelve (12) parcels of land (Parcels 14, 16, 18, 21, 23,
24, and 26-31).
· Prepare acquisition documents including R/W agreements, maps and project
information.
· Prepare acquisition cost details and summary.
· Compile complete offer packages to acquire easements and/or permits for Parcels
13-34.
· QA/QC of documents.
7. Acquisitions
This task includes conducting the acquisition meetings with affected property owners and
modifying the initial offer packages based on owner/client meetings. Subtasks under Item 7
include the following:
· Conduct acquisition meetings (minimum of 3 meetings per parcel).
· Conduct acquisition meetings with property owners of Parcels 13-34.
· Prepare final acquisition documents for all affected parcels.
· Prepare final acquisition costs for all affected parcels.
· QA/QC of documents.
8. R/W and Design Plan Updates
This task includes updating the right-of-way acquisition exhibits and documents based on
design changes, if required.
9. Relocation Services
This task is not included in this scope of services.
10. Title Clearing and Closing
This task includes coordinating and completing the title closing process with the title
company. Subtasks under Item 10 include the following:
· Prepare final title transfer documents and complete closing meetings.
· Obtain mortgage releases, clear taxes and liens, as required.
· Submittal of completed R/W acquisition offer packages to the City for review and
execution.
· Attend closing meetings.
· Team coordination.
TG
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Mr. Taylor Lonsdale
November 4, 2020
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11. Final Submittal and Closeout
This task includes the final project activities to finalize and submit executed acquisition
documents. Subtasks under Item 11 include the following:
· Prepare completed R/W acquisition project submittal packet.
· Deliver completed title transfer documents.
· Project closeout.
12. Contingency
The scope of services for this project includes all the necessary steps to acquire property
interests from private owners. A majority of the acquisition process relies on good
cooperation and timely responses from all parties involved in the process. Due to the
nature of coordination activities, the amount of time required to work with individual
property owners varies significantly. This task serves to capture the potential additional
costs incurred during the acquisition process due to challenging coordination activities with
property owners.
13. Project Administration
This task includes activities to manage the project requirements, deliverables, and tasks.
Subtasks under Item 13 include the following:
· Project status updates
· Budget and schedule monitoring and planning
· Invoicing and billing
The following items are not included in the scope of services or project budget for this project and
are therefore specifically excluded from this scope of services:
· Engineering or right-of-way design services
· Eminent domain proceedings, expert witness testimony, costs, or other services
necessary for legal proceedings
· Additional costs related to the actual purchase price of property interests as detailed
in R/W acquisition agreements
· Relocation costs paid to property owners as detailed in R/W acquisition agreements
If needed, these items will be added as a separate task order or contract amendment.
Services not set forth above as basic services are specifically excluded from the scope of Sanderson
Stewart’s services. Sanderson Stewart assumes no responsibility to perform any services not
specifically listed as basic services.
TG
115
Mr. Taylor Lonsdale
November 4, 2020
Page 6
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Initials
Additional services are not included in the basic services. If the Client and Sanderson Stewart agree
in writing via an amendment to this agreement, Sanderson Stewart will provide additional services as
requested by the Client.
Notwithstanding the foregoing, Sanderson Stewart shall have the right, but not the obligation, to
provide, without advance authorization from the Client, other services made necessary by the default
of the contractor or Client, or by deficiencies, delays, or defects in the work provided by the
contractor. Sanderson Stewart shall provide written notice of the provision of such services as soon
as reasonably possible.
Project Schedule
Once Sanderson Stewart receives Client’s authorization to proceed, Sanderson Stewart will
immediately proceed with fulfilling the project scope of services. The intent is to complete the R/W
acquisition activities in as short amount of time as necessary.
The Client and Sanderson Stewart are aware that many factors outside Sanderson Stewart’s control
may affect Sanderson Stewart’s ability to complete the services to be provided under this agreement.
Sanderson Stewart will perform these services with reasonable diligence and expediency consistent
with sound professional practices.
Fees and Billing Arrangements
Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a
total cost not to exceed $97,650.00. Sanderson Stewart will begin work once this agreement has been
executed by both parties.
Right-of-Way Acquisition
1. Project Research $1,808.00
2. Initial Property Owner Contact $1,740.00
3. R/W Mapping & Exhibits $9,260.00
4. Title Commitments $4,255.00
5. Appraisals and Valuations $7,710.00
6. Prepare Contracts $12,690.00
7. Acquisitions $33,058.00
8. R/W and Design Plan Updates $1,740.00
9. Relocation Services $0.00
10. Title Clearing and Closing $3,770.00
11. Final Submittal and Closeout $1,620.00
12. Contingency $2,270.00
TG
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Mr. Taylor Lonsdale
November 4, 2020
Page 7
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13. Project Administration $3,729.00
Appraisal Subconsultant (Joki, 2 appraisals) $14,000.00
Total $97,650.00
Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar
month. Monthly invoices shall include, separately listed, any charges for services for which time
charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges
for consultants retained by Sanderson Stewart, and reimbursable costs. Such invoices shall be
submitted by Sanderson Stewart as soon as possible after the end of the month in which the work
was accomplished and shall be due and payable by the Client upon receipt. The Client agrees that
the monthly invoice from Sanderson Stewart is correct, conclusive, and binding on the Client unless
the Client, within 20 working days from the date of receipt of such invoice, notifies Sanderson
Stewart in writing of alleged inaccuracies, discrepancies, errors in the invoice, or the need for
additional backup.
Conclusion
Mr. Lonsdale, we look forward to working with you on this very exciting project. Feel free to call me
at 406/922-4304 if you have any questions regarding this proposal. Otherwise, if it meets your
approval, simply mail or email this signed and dated agreement to our office at 1610 Ellis St Suite
2B, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you.
Sincerely,
Tony Gaddo, P.E., REALTOR®
Senior Engineer /
Right-of-Way Specialist
TG/DS
Enc.
**** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES ****
TG
117
Mr. Taylor Lonsdale
November 4, 2020
Page 8
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Initials
This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City)
and Sanderson Stewart (Contractor).
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANDERSON STEWART
By: By:
Print Name: Print Name:
Print Title: Print Title:
Date: Date:
TG
Tony Gaddo
Project Manager
11/4/2020
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FIGURE 1NORTH075SCALE:1" = 150'15075PARCEL 7PARCEL 11PARCEL 13PARCEL 19PARCEL 20PARCEL 15PARCEL 17PARCEL 10PARCEL 5PARCEL 12PARCEL 14PARCEL 16PARCEL 18PARCEL 21PARCEL 22PARCEL 24PARCEL 26PARCEL 27PARCEL 29PARCEL 31PARCEL 33PARCEL 34PARCEL 35PARCEL 22PARCEL 25PARCEL 28PARCEL 30PARCEL 32PARCEL 23119
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