HomeMy WebLinkAbout21- Task Order 13 - Sanderson Stewart ROW Acquisition Fowler Connection
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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
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Mr. Taylor Lonsdale
November 6, 2020
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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
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November 6, 2020
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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
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November 6, 2020
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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
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Mr. Taylor Lonsdale
November 6, 2020
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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
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November 6, 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
11/6/2020
February 9 21
DocuSign Envelope ID: 39E343E9-4C6E-4892-87E7-1D17FB843948
City Manager
Jeff Mihelich
2/10/2021
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