Loading...
HomeMy WebLinkAbout21- Task Order 13 - Sanderson Stewart ROW Acquisition Fowler Connection _____ Initials November 6, 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. #13 Fowler Avenue 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 Fowler Avenue 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 Fowler Avenue 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 west-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, three parcels for planned acquisitions would benefit from pre-acquisition negotiations, Parcels 1, 2, and 3 as shown on Figure 1 attached. All three parcels are County-zoned, the only non-City annexed parcels requiring R/W acquisition for the Fowler Avenue improvement project. Parcel 1 requires a long stretch of new R/W north of W. Babcock St. Parcel 2 was successfully negotiated with to acquire R/W for Durston Rd. in the past with some challenges and requires additional negotiations to acquire R/W for this project (the owners were unwilling to provide additional R/W during the Durston project). The R/W for Fowler was attempted to be acquired on Parcel 3 in 2017, but the owner was unwilling to sell at that time. Scope of Services Sanderson Stewart will provide the following services as part of its basic services: 1. Project Research TG DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948 Mr. Taylor Lonsdale November 6, 2020 Page 2 _____ Initials 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/existing plans/drawings for the project area. · Prepare preliminary figures for Parcels 1, 2, and 3 showing proposed R/W acquisition areas. · QA/QC of exhibits 4. Prepare Contracts This task includes the preparation of agreements including figures and correspondence letters. Subtasks under Item 4 include the following: · Prepare short-form R/W agreements for Parcels 1, 2 and 3. Each short-form agreement will specify the intent of both the City and the property owner agree to work together to complete the R/W acquisition documents necessary during the full R/W acquisition phase at a later date. · The short-form agreement for Parcel 2 will document tree maintenance activities along the east side of Hanson St. as requested by City of Bozeman Forestry staff. The agreement will detail any specific tree maintenance agreement items. · R/W acquisition agreements for proposed permanent easements and temporary construction permits will be prepared during the full R/W acquisition phase to begin at a later date. · QA/QC of documents. TG DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948 Mr. Taylor Lonsdale November 6, 2020 Page 3 _____ Initials 5. Acquisitions This task includes conducting the pre-acquisition meetings with affected property owners and modifying the initial short-form agreements based on owner/client meetings. Subtasks under Item 5 include the following: · Conduct pre-acquisition meetings with the property owner of Parcels 1, 2, and 3 (minimum of 3 meetings). · Coordinate with the owner of Parcel 2 to address tree maintenance plans by the City of Bozeman Forestry Department. Meet and discuss with the property owner and City forestry staff to determine a tree maintenance plan agreeable to both parties. Document the agreement details in the short-form R/W agreement. · QA/QC of documents. Deliverables: 1. Owner-signed short-form R/W agreements for three parcels. 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. 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. TG DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948 Mr. Taylor Lonsdale November 6, 2020 Page 4 _____ Initials 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 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 $5,900.00. 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 $435.00 3. R/W Mapping & Exhibits $785.00 4. Prepare Contracts $1,450.00 5. Acquisitions $2,525.00 6. Project Administration $375.00 Total $5,900.00 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 TG DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948 Mr. Taylor Lonsdale November 6, 2020 Page 5 _____ Initials 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 Enc. **** END OF SCOPE OF SERVICES EXCEPT FOR SIGNATURES **** TG DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948 Mr. Taylor Lonsdale November 6, 2020 Page 6 _____ 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 11/6/2020 February 9 21 DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948 City Manager Jeff Mihelich 2/10/2021 F I G U R E 1 N O R T H 0 1 0 0 S C A L E : 1 " = 2 0 0 ' 2 0 0 1 0 0 PARCEL 1 P A R C E L 2 P A R C E L 3 DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948