HomeMy WebLinkAboutRW Acquisition Term Contract_Proposal_Sanderson StewartMAY 12, 2021
REALTY PROFESSIONALS
TO ACT AS THE CITY
BUYER’S AGENT FOR THE
ACQUISITION OF RIGHT-OF-
WAY, EASEMENTS, & POSSIBLE
PURCHASE OF LAND FOR
VARIOUS STREET & UTILITY
IMPROVEMENTS
Submitted to:
Mike Maas
City Clerk
City of Bozeman
Via email: agenda@bozeman.net
Submitted by:
Tony Gaddo, PE, REALTOR®
Sanderson Stewart
106 East Babcock, Suite L1
Bozeman, Montana 59715
tgaddo@sandersonstewart.com
406.922.4304
May 12, 2021
Mike Maas, City Clerk
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771-1230
Via email: agenda@bozeman.net
Reference: Response to Request for Realty Professionals to Act as the City Buyer’s
Agent for the Acquisition of Right-of-Way, Easements, and Possible
Purchase of Land for Various Street and Utility Improvements
Dear Selection Committee:
To Plan and Design Enduring Communities has been Sanderson Stewart’s core purpose for more than 50
years. Recognizing our roles as more than just engineering and realty professionals, we are
committed to the betterment of the communities in which we live, work and play. To that end,
Sanderson Stewart takes great pride in providing professional support to the City of Bozeman and
we look forward to continuing that relationship and completing successful right-of-way acquisition
projects and tasks to meet the City’s goals.
Sanderson Stewart is uniquely qualified to partner with the City of Bozeman to provide right-of-way
acquisition services. We have one of the best right-of-way teams in the state with extensive
experience, ranging from easement acquisition, full fee purchases, right-of-way planning, and
negotiation strategies. Our compiled team has completed numerous successful projects in and
around Bozeman, demonstrating our capabilities and experience. We have an excellent
understanding of the City’s internal process and acquisition requirements, and our close proximity to
the City and government offices make us well-situated to serve the needs of the City quickly and
efficiently.
We are extremely excited about the opportunity to grow our working relationship with the City of
Bozeman, and we thank you for your consideration. Should you have any questions regarding the
content of this proposal or require additional information, please contact Tony Gaddo via phone at
406-922-4304 or email at tgaddo@sandersonstewart.com.
Sincerely,
Danielle Scharf, PE, PTOE Tony Gaddo, PE, REALTOR®
Principal | Bozeman Region Manager Senior Engineer | REALTOR®
Table of Contents
Page
1.Firm Overview 1
Firm LocationIntroduction 11
2.Experience 2
Project UnderstandingAnticipated Risks & Mitigation StrategiesFunding is KeyProblem Solve EarlySimilar Past ProjectsRecent & Current Work for the City of Bozeman
234458
3.Firm Qualifications 9
Diverse Client ExperienceFrom Rural to Urban ProjectsFamiliarity with Bozeman’s UDOLicensing RequirementsProject Personnel
99101213
4.Capabilities to Meet Time & Schedule 16
Firm WorkloadFirm TechnologyQuality Assurance/Quality Control Procedures
161718
5.Additional Information 19
ClaimsReferences 1919
Appendix
Non-Discrimination & Equal Pay Affirmation Form 21
1. Firm Overview
1
Sanderson Stewart106 East Babcock, Suite L1Bozeman, Montana 59715406.522.9876
Introduction
To Plan and Design Enduring Communities. That’s our core purpose and at the heart of what we do. Sanderson Stewart provides professional right-of-way (R/W) acquisition services, civil and transportation engineering, land use planning, landscape design, land and cadastral surveying, and construction management services from our offices in Bozeman and Billings, Montana, and Denver, and Fort Collins, Colorado. For 50+ years, the firm has built upon the sound foundation of engineering excellence to become one of the region’s leaders in municipal planning, design, and development. Sanderson Stewart has some of the most qualified municipal and transportation groups in the state with experience in R/W acquisition, R/W design and relocation services, and corridor planning. For this project, our firm offers the unique qualifications of Tony Gaddo, PE, REALTOR® to work as an extension of the City of Bozeman’s staff in the acquisition of property, easements and real property.
With 15 years-experience as both a licensed transportation engineer and Real Estate Agent, Tony Gaddo will perform all required tasks for this project, with additional capacity provided by our full-service community design professionals. Sanderson Stewart addresses every project with a multidisciplinary approach we call Complete Design. We believe very strongly that interdisciplinary collaboration produces better work and more well-rounded projects than any individual professional team can develop alone. Our team of R/W staff, engineers, land planners, landscape architects, surveyors and sub-consultants each bring unique technical expertise and background to a project that, when combined, provide a holistic approach to any engineering project. Whether beginning with a focused design charrette or getting the completed
Why Sanderson Stewart?
Tony Gaddo, PE, REALTOR® will serve as lead agent; as both a transportation engineer and Real Estate agent, his experience includes all scope of work items required by the City
In-house licensed engineers, surveyors, Realtor, planners, & notaries
Our team is knowledgeable with State/Federal funding requirements affecting Bozeman’s future MPO status.
Well-versed with negotiating and acquiring on-the-ground and remotely
design project through the acquisition process to
construction, our team works to create a project plan
to identify and address issues to mitigate potential
issues in the future. We bring together expertise in
R/W planning and design, roadway design, land
planning, landscape architecture, municipal and
private utilities, permitting and environmental solutions
to evaluate the existing project constraints, identify
issues and develop solutions. Collaboration from the
beginning produces a better project, more efficiently.
We comprehensively identify issues and solutions,
rather than passing plans off from one discipline to
the next like a baton in a relay race. This approach
benefits the City through lower project costs and fewer
conflicts during construction.
2. Experience
2 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Sanderson Stewart possesses in-house expertise and vast experience to complete the majority of activities and tasks for acquiring R/W. When needed for a project, we utilize subcontractors for professional appraisal services. These subcontractors are experienced and knowledgeable in providing real estate appraisals that meet current laws as well as local title insurance providers to protect the City’s purchased land and realty interests. When a large project requiring vast amounts of property is needed, we are able to draw on our in-house and subcontract staff to conduct R/W activities in short order to meet our client’s needs. With this approach we are perfectly suited to assemble the ideal teams to complete the most straight-forward to the most complicated projects the City of Bozeman can throw our way. These projects might include some or all of the following typical R/W acquisition tasks:
• Detailed project management to control
budget & schedule
• Survey (cadastral & subdividing
property)
• Property ownership & title history
• Public involvement
• Acquisition meetings & negotiations
• Right-of-entry letters & permits
• Deed & easement exhibits & figures
• Comparable property valuation analysis
• Simple property valuations
• Project renderings & graphics
• Residential & commercial relocation
services
• R/W & relocation cost estimates
• Title clearing services
• Mitigation of encumbrances &
encroachments
• R/W planning, design, & feasibility
studies
• Title insurance & closing services
• Completing/maintaining an extensive
quality assurance/quality control of all
deliverables
• Provide expert testimony &
condemnation support as needed
Sanderson Stewart Provides:
+
Project Understanding
Having acquired R/W for the City since 2018, Sanderson
Stewart is intimately familiar with the City of Bozeman’s written
standards and procedures for acquiring private property rights, but
more importantly understands the City’s process as well as their
unwritten and more holistic expectations. This type of relationship
allows us to approach each project starting with the City’s built-in
trust and confidence; we strive to exceed the City’s expectations;
we want to be a trusted advisor and extension of the City’s staff.
In addition to the R/W staff, we have access within the firm to
more engineers, planners, landscape architects, GIS specialists,
a large survey department, engineers in a variety of disciplines,
and can appropriate staff resources from other departments within
the company. This team make-up and our access to additional
resources makes us very responsive and able to shift priorities
readily to the demands of any project.
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The basic steps in land acquisition are extremely important and typically required for most projects, but don’t point out the critical subtasks that must be completed to be successful. Sanderson Stewart has completed the standard acquisition process to numerous successful outcomes for City projects, but only by giving special attention to deeper acquisition details that can stall a project if not timely addressed. These subtasks vary from understanding how the project was created and funded to knowing your property owner audience and project expectations, all of which pose a risk to the completion of an acquisition project. Our team strives to address these important subtasks during all phases of a project.
THE R/W ACQUISITION PROCESS INCLUDES NUMEROUS SMALL TASKS THAT CAN BE SUMMARIZED INTO 5 MAIN STEPS:
1. Define What Exists
2. Determine the Acquisition Needs
3. Offer & Negotiate
4. Title Clearing & Closing
5. Complete Acquisition
KEY INFO!
Anticipated Risks & Mitigation
Strategies
Communication
One way we mitigate identified risk is by our focus on
thorough communication with clients and landowners.
We pride ourselves on keeping our client informed at
every step. Thorough communication will be especially
important for projects within the R/W Term Contract
since they will be projects with numerous engineering,
funding and legal requirements that impact the
community. Sanderson Stewart will coordinate with
City staff to facilitate the successful completion of the
right-of-way activities as seamlessly as possible, striving
to simplify the process.
While managing communication with clients is
required for a successful project, managing contact
with property owners is key to avoid negotiations falling through. Sanderson Stewart can assist with hosting
landowner informational meetings early in the project development to help communicate the preliminary R/W
impacts to the adjacent landowners for more complicated projects. Once R/W acquisition details have been
identified, our negotiators and technical staff meet with owners to explain the project right-of-way design,
constraints, and decisions leading to the design and impacts. This has proven to be extremely important in
creating successful negotiations.
4 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Does the project
funding source matter?
• Grants: some grant funding include reservations or restrictions for use of property or encumbrances
• Local Funds: typically do not have additional requirements to complete acquisition projects
• Federal Funds: projects utilizing federal funds have additional requirements to follow, including Uniform Act compliance
Funding is Key
As the City of Bozeman continues to grow, knowing
how local requirements govern R/W acquisition
projects is important, but also recognizing how
federal and state requirements become increasingly
impactful is critical. Presently, the City uses local funding sources to acquire R/W for projects, but as the City’s population grows and becomes classified as an Metropolitan Planning Organization (MPO), federal funding becomes available. The federal funding
laws and regulations bring new funding opportunities,
but also additional requirements and steps in order
to meet the obligations following the Relocation
Assistance and Real Property Acquisition Policies
Act of 1970 (Uniform Act). Our team is trained
and experienced to be able to complete the R/W
acquisition process to meet the requirements of the
Uniform Act when needed. We understand the need
of local governments to be prepared to make use of
every funding tool available we and continuously
attend training seminars to stay up-to-date on the
latest Uniform Act requirements.
Problem Solve Early
With some of our team members having worked on acquisition projects for years, consistent challenges observed during negotiations have been documented to better enable our team to plan ahead. Some acquisition challenges may not appear to be important when starting off negotiations, but often have time-sensitive effects to closing out acquisition agreements, if forgotten. The challenges range from verifying owner-signing authority, addressing title commitment exceptions such as liens, and
KEY INFO!
documenting lessee improvements affected by a project. However small these items are, they can have schedule impacts that can cause undue delay during closing. Our team starts to address these acquisition needs from day one to reduce delays during final submittals.
Some of the more common challenges we face in R/W acquisition relate to:
• Owner-agreed compensation determinations
• Property owners organizing together
• Impacts to private property features such as fences, septic systems, wells, approaches, and landscaping/trees
These challenges can be notoriously difficult to work through with property owners once a hint of disagreement is felt. However, as much as our team is aware of the laws, guidelines, and best practices revolving around performing acquisition services, we find it’s the human element with property owners that requires the most attention, often focusing on those few critical topics. We spend time with owners discussing comparable sales used in the compensation analysis - reviewing additional comparable properties if owners suggest. Our team routinely conducts and participates in/with public meetings; this has allowed our team to develop the skills necessary to work with property owner groups, agents, boards, etc. With our staff’s design experience, we’re able to identify potential impacts, solutions, and options to aid negotiations to better solve owner’s challenges and address concerns on short notice. All of this effort culminates with a level of trust between our agents and property owners, setting a foundation to not only achieve success on individual acquisitions, but larger success as a profession by spurring positive sentiment between the public and engineering teams and projects.
5
Griffin Drive
Similar Past Projects
City of Bozeman R/W Term Contract
(FY 2018-FY 2020)
Sanderson Stewart currently serves the City of
Bozeman as it’s R/W Consultant, responsible
for acquiring private property to enable publicly
funded construction projects to be completed. The
two-year term contract enables project tasks to be
completed on an on-going basis for a wide variety of
projects including roadway expansion, intersection
reconstruction, sidewalk/path construction, utility
extensions, recreational facilities, and general
property/research planning and reporting activities.
The right-of-way services most commonly required for
a given project include property research, easement/
deed preparation, legal descriptions, easement
exhibits, property owner negotiation meetings,
land valuations, title clearing and closing services.
Sanderson Stewart’s right-of-way specialist enables
the entire team to facilitate the complete project
requirements from the early planning stages through
construction and project closeout.
Location: Bozeman, MTClient: City of BozemanContact Person: Shawn KohtzPhone number: 406.582.2280
City of Bozeman Griffin Drive R/W
AcquisitionSanderson Stewart was retained by the City of Bozeman to provide design and R/W acquisition services for Griffin Drive. This under-developed rural corridor is slowly evolving to a business-centered urban corridor necessitating roadway widening, turn lanes, signalized intersections, pedestrian facilities, and at-grade railroad crossing. This project is being developed by the City of Bozeman to match-in to MDT’s current signal project at North 7th Avenue and Griffin Drive and the City’s Manley Road project. Additional development projects were taking place concurrently during design. Project design and R/W team members worked together with several property owners during design to merge private development
Montana Department of
Transportation R/W Term Contract
Sanderson Stewart currently also serves MDT as a
Right-of-Way Acquisition Consultant, responsible for
acquiring private property to enable state and federal
publicly funded construction projects to be completed.
The one-year term contract (five-year max) enables
project tasks to be completed on an on-going basis
for a variety of projects from rural to urban across
the state. The right-of-way services most commonly
required for a given project include property research,
easement/ deed review, acquisition figures, property
owner negotiation meetings, title clearing and closing
services.
Location: MontanaClient: Montana Department of TransportationContact Person: Jerilee WeibelPhone number: 406.444.6082
Sanderson Stewart Stats (2018-present): 17 task orders, 100+ property negotiationsTeam Stats (2014-present): 35+ task orders, 350+ property negotiations
&
project plans to provide seamless transportation
improvements, avoiding multiple construction related
challenges. Early R/W acquisition owner-coordination
was conducted to minimize design changes as R/W
acquisition gets started.
Our services included: Full R/W acquisition
services including title work, easement preparation,
R/W Agreements, waiver valuations, appraisals
(subcontracted), negotiations, cost-to-cure details,
client coordination, title clearing, multiple business
entity coordination.
Location: Bozeman, MT
Client: City of Bozeman
Contact Person: Taylor Lonsdale
Phone number: 406.582.2286
6 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
MDT/Gallatin County MT Highway 64
ImprovementsTIGER Funds were awarded to Gallatin County to provide a new signalized intersection, turn lanes, pedestrian trails, and underground pedestrian tunnel. R/W acquisition was required for both permanent and temporary R/W on complicated parcels ranging from a golf course, commercial business centers, religious facilities, parks/playgrounds, water and sewer district treatment plant, and residential developments and owner negotiations with primarily business entities with multi-layered ownership/organizations where many were willing to donate R/W. Early R/W coordination activities were advanced to address proper signing authority challenges for owners. R/W team members coordinated with ownership boards and staff to complete business resolutions to show proper signing authority, simplifying final R/W offer package completion once offers were finalized
Location: Bozeman, MTClient: Gallatin CountyContact Person: Jamie GrabinskiPhone number: 406.582.3192
City of Bozeman West Babcock Street
R/W Pre-AcquisitionA new mixed-use residential/commercial development project was required to acquire adjacent road R/W for future transportation improvements in the Babcock corridor, spurring further transportation planning. Our R/W and survey teams completed acquisition services for the development project, setting the stage for the City to continue the process throughout the corridor. The development project team and R/W acquisition team worked closing during final design and acquisitions phases to mitigate adjacent owner impacts to private improvements. This led to the City starting the transportation project improvements, kicking off pre-acquisition services as design begun.
Our team has been tasked with gathering the first stage of acquisition information including title commitments, R/W research/recorded document searches, ownership information, legals, etc. This information is being compiled into a R/W report that will outline what properties are anticipated to be affected in the corridor, anticipated challenges, recommendations to overcome foreseen acquisition challenges, and cost estimates.
West Babcock
7
Our services included: R/W pre-acquisition services including title work, easement research, ownership and contact information, title clearing requirements, multiple business entity coordination, and R/W cost estimates.
Location: Bozeman, MTClient: City of BozemanContact Person: Bob MurrayPhone number: 406.582.2269
City of Bozeman Manley Road R/W
Acquisition
This project entailed reconstruction of an existing two-
lane partially developed urban corridor with limited
improvements for motorized and non-motorized traffic.
The corridor had been through past adjacent private
and commercial developments; however, minimal
improvements had not been completed. This created a
unique project challenge by where the existing R/W
in-place met the primary R/W needs of the project,
but additional temporary property was required to
allow room for improvements to be installed.
The project was able to proceed in a fairly fast
straight-forward process by only requiring the
acquisition of temporary property rights, significantly
reducing the volume of resources necessary to
complete the acquisitions. Temporary permits granted
the necessary rights to the City and contractor without
requiring extensive valuation determination or closing
procedures.
Our services included: Full R/W acquisition
services including title work, easement preparation
coordination, R/W Agreements, construction permits,
negotiations, cost-to-cure details, client coordination, and multiple business entity coordination.
Location: Bozeman, MTClient: City of BozemanContact Person: Kellen GamradtPhone number: 406.582.2283
City of Bozeman Oak & 27th Signal
R/W Acquisition
This project included an existing two-way stop-
controlled intersection with fully developed quadrants
with urban developments on a highly traveled urban
arterial that required a new signalized intersection.
The existing intersection pavement was designed
to accommodate future signal equipment over 10
years ago, requiring close traffic design coordination
with R/W agents to avoid adjacent improvements.
Newer design requirements challenged designers to
locate vehicle and pedestrian signal equipment to
meet stricter design standards while mitigating large
impacts to landscaping, parks, trails, fences, and
underground sprinkler systems. Early acquisitions
were conducted during preliminary design to avoid
property.
Our services included: Full R/W acquisition services
including title work, easement preparation, R/W
Agreements, negotiations, cost-to-cure details, client
coordination, title clearing, and business entity
coordination.
Location: Bozeman, MTClient: City of BozemanContact Person: Bob MurrayPhone number: 406.582.2269
Oak & 27th
8 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Recent & Current Work for the
City of Bozeman
Griffin Drive Improvements
Sanderson Stewart is currently working on the design
phase for the Griffin Drive Improvements in Bozeman.
Improvements to Griffin Drive will generally include
construction of a three-lane minor arterial with curb
and gutter and multi-use pathways. The intersection of
Griffin Drive & Manley Road is designed for a traffic
signal to accommodate 20-year traffic volumes on
the corridor. The existing storm drain system will be
expanded for the new wider roadway and existing
overhead power lines will be accommodated or
relocated. An important consideration will be the
existing railroad crossing located approximately 250
feet west of the Manley Road intersection.
Contact Person: Taylor Lonsdale, 406.582.2286
Story Mill Road Reconstruction
Sanderson Stewart recently completed the pre-design
phases of improvements to Story Mill Road and the
signalized intersection at the Story Mill Road and
Bridger Drive intersection in Bozeman. Pre-design
services for the project included topographic survey,
traffic operations analysis, stormwater analysis, and
evaluation of intersection alternatives.
Contact Person: Bob Murray, 406.582.2269
South 3rd Avenue & Graf Street
Intersection Improvements Sanderson Stewart completed the design of a roundabout at the South 3rd Avenue and Graf Street intersection in Bozeman. Pre-design services for the project were completed in 2018, including topographic survey, traffic operations analysis and evaluation of alternatives. Many concepts were developed for various signalized and roundabout alternatives, that will accommodate a heavily-used school crossing on the west leg of the intersection, stormwater facilities, and future roadway widening to the south and east of the intersection. Sanderson Construction of the preferred roundabout alternative was completed in August 2020.
Contact Person: Bob Murray, 406.582.2269
Oak Street ImprovementsSanderson Stewart recently completed several phases of improvements to the Oak Street corridor. A predesign report for the entire corridor was completed in 2016. Since then, three individual projects have moved forward into final design and construction. They include the segment from Ferguson Avenue to New Holland Drive (construction completed November 2017), the segment from 15th Avenue to 19th Avenue (construction completed June 2018), and the intersection of Oak Street and North 27th Avenue (construction completed in August 2020). Also completed as an amendment to the Oak Street project was the design of the Front Street Pathway, which will be constructed after completion of MDT’s Rouse Avenue reconstruction project. Through our work in the Oak Street corridor, we have gained invaluable experience and an excellent understanding of the City’s expectations and requirements for these types of transportation projects, from the pre-design analysis through design and construction administration.
Contact Person: Bob Murray, 406.582.2269
Kagy Boulevard Reconstruction &
Interim Improvements
Sanderson Stewart recently completed the pre-design
phases of improvements to Story Mill Road and the
signalized intersection at the Story Mill Road and
Bridger Drive intersection in Bozeman. Pre-design
services for the project included topographic survey,
traffic operations analysis, stormwater analysis, and
evaluation of intersection alternatives. Sanderson
Stewart recently received MDT’s in concurrence with
the pre-design findings and anticipate detailed design
occurring in Winter 2020/2021
Due to delays in moving forward with the full
reconstruction project referenced above, the City of
Bozeman elected to design and construct interim
improvements to Kagy Boulevard to help address
capacity issues. Sanderson Stewart completed the
design and provided construction management
services for widening Kagy Boulevard to a three-
lane cross-section from 7th Avenue to 11th Avenue.
Completed in August 2017, the project also included
a water main replacement and other related
improvements.
Contact Person: Bob Murray, 406.582.2269
3. Firm Qualifications
9
Diverse Client Experience
Our team has decades of experience working on projects across Montana for a wide variety of clients. Our staff have worked on projects for/with the Federal Highways Administration, Western Federal Lands, MDT, numerous Montana City and County governments, public advisory groups, school districts and universities. Having worked with each of these clients has afforded our team an in-depth understanding on how these organizations operate, and more importantly, how do we most efficiently work with them to achieve the City’s project goals.
The diversity in clients means we see how the far-ranging communities Montana incorporates and their individual needs and concerns. From ever-changing community infrastructure and growth in developing cities such as Billings, Helena, and Bozeman to rural highways connecting new energy development sites and farmsteads. Our team members have worked on projects across Montana in varying capacities.
This experience across various regions of Montana has allowed our local R/W staff to gain a sense of the communities and people they work and negotiate with, yet again another very important facet of the ability of our agents to work with others of varying experiences and culture.
From Urban to Rural Projects
Our R/W staff consistently work with the City of Bozeman to complete urban R/W acquisition needs. Tony has served as the City of Bozeman’s R/W Acquisition Agent Lead for two engineering firms (DOWL and Sanderson Stewart) since 2014. The position has created a consultant-client relationship with a unique niche that has allowed our team to understand the operational intricacies of the City. Our team has come to know the City’s planning and development guidelines, routinely works with staff from all departments to coordinate signing/closing processes, being able to lead the City into the next stage of its R/W acquisition evaluation as federal funding will become available with MPO status. All of this enables our R/W team to effectively negotiate with property owners as they can share and make decisions/recommendations with their clients in real time.
A few of the negotiation challenges that are often very easily addressed in urban communities:
• How will creating a new easement affect my property line?
• If my business sign is to be relocated and is currently non-conforming, is the relocated sign required to be updated to conform to current code requirements?
• Who is responsible for maintaining the new road and grass boulevard?
• Will this project affect the zoning of my property?
• Does the City maintain trees on my property or am I responsible?
Rural communities have very different needs and concerns when it comes to growth and change. Our project team members have worked on MDT projects across rural areas across Montana in different
KEY INFO!
10 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Familiarity with Bozeman’s UDO
Our team has decades of experience working on projects within and around the City of Bozeman. The ever-
changing community infrastructure and growth in the valley has required extensive time and effort the City
and local residents to create the Unified Development Code, chapter 38 of the Bozeman Municipal Code. As
continued growth and policy changes come as a result, the code is consistently updated to reflect the latest
policies and goals for the community, most recently updated early this year. Understanding the various codes
and their connections to the acquisition of R/W is imperative.
capacities from the engineering side to acquisitions. Katie Kay routinely designs new R/W plans and assists engineers and acquisition agents by translating the project information for use during negotiation discussions with owners. Tony Gaddo has worked on rural R/W acquisition projects for, or associated with, MDT, providing experience with differing property owner needs. Both the engineering and acquisition experience in the rural communities has demonstrated that the small rural Montana communities operate in a small-community-group fashion, similar to public forums. Property owners come prepared to negotiate with not professional representatives, but family members, neighbors and friends. The negotiation can turn into a community-focused improvement project that lends other unique challenges we often address:
• How much is my neighbor getting? Do I get paid the same?
• Will irrigation ditches continue to operate during construction?
• If my fence is damaged during construction, who has to fix it?
• Is this going to increase traffic by my house?
• Will my farm field approaches be removed?
Each of these topics are common amongst both urban and rural communities, however it’s the matter of how each community approaches the need to acquire R/W. We often encounter small localized public interest groups operating within the larger urban environments that behave and communicate similarly to other Montana rural communities.
Investing the time to understand how people in each part of the community think and what they find most important goes a long way in understanding their concerns to mitigate any challenge. This helps to further develop positive relationships with owners, ultimately guiding the direction of the negotiations to a positive outcome.
KEY INFO!
11
Aspen Street
The Unified Development Code covers numerous subjects ranging from property use and zoning to sign requirements and landscaping. From our team’s R/W acquisition experience, we can anticipate the sensitive issues that need to be considered well before property is acquired. For example, when planning to acquire small amounts of property from developing business corridors, knowing the local business advertising and sign codes can make or break an acquisition based on impacts and adjustments to business signs. Our team has worked through such situations on local projects by working closely with engineers, planners, and property owners to develop a plan that works for all involved. Understanding the zoning and usage articles in the code can be critical when negotiating with property owners to obtain additional property, addressing the following sensitive issues:
• How will creating a new easement affect my property line?
• If my business sign is to be relocated and is currently non-conforming, is the relocated sign required to be updated to conform to current code requirements?
• Who is responsible for maintaining the new road and grass boulevard?
• Will this project affect the zoning of my property?
• Does the City maintain trees on my property or am I responsible?
Sanderson Stewart has years of experience working in the City of Bozeman, staying informed of the current code requirements and impending changes. We have worked closely with the planning department staff and compliance officers to address specific R/W acquisition questions with past projects with great success, often changing negative acquisition scenarios with property owners to successful outcomes that benefit all parties.
12 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Licensing Requirements
Sanderson Stewart’s team incorporates professional and real estate licensed individuals in Montana, most of whom are located in Bozeman. Our team is led by Tony Gaddo who is a professional engineer, real estate salesperson, and Montana notary, supported by two additional professional engineers (Danielle Scharf and Katie Kay), a senior planner (Chris Naumann), and a professional land surveyor (Doug Pezoldt). These extensive professional credentials allow our team to complete any property acquisition project for the City of Bozeman, however, the professional licenses are not always required. Under the current laws in Montana, the realty license requirements for the acquisition of R/W for road and utility projects do not apply:
Montana Code Annotated: 37-51-103. Exemptions. (1) An act performed for compensation of any kind in the buying, selling, exchanging, leasing, or renting of real estate or in negotiating a real estate transaction for others, except as specified in this section, must identify the person performing any of the acts as a real estate broker, a real estate salesperson, or a property manager. The licensing provisions of this chapter do not:…..(i) apply to a person performing any act with respect to the following types of land transactions:(i) right-of-way transfers for roads, utilities, and other public purposes, not including conservation easements or easements for recreational purposes;(ii) condemnations;….
The above referenced exemptions in the licensing provisions allow the acquisition of property for certain situations to be conducted without professional licensing, but also excludes many other potential acquisition projects. Our team is not only well versed, licensed, and experienced to acquire R/W for engineering projects, but also has the licensed and professional staff that can complete additional realty transactions not exempt from the licensing provisions. This enables our land agent services to include other acquisitions such as:
• Acquisition of new properties for recreational facilities and improvements
• Park land purchases
• Realty transactions for City-owned property
• Completing buy/sell agreements for material storage facilities
• Market research analysis
• Broker Price Opinions
From licensed-exempt R/W acquisition projects to full realty agent services, our team has the capabilities to meet the City of Bozeman’s project needs and goals.
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Team Experience & Qualifications:
Tony Gaddo, PE, REALTOR®Project Manager
Tony is a Senior Transportation Engineer and Right-of-Way Specialist. Tony currently
serves as the City of Bozeman’s R/W acquisition consultant for its road and utility
projects, having done so since the first acquisition contact in 2014. He brings
15 years’ worth of experience with a focus in project management, right-of-way
(R/W) acquisition, roadway and transportation design, R/W design, title research/
clearing, eminent domain support, property acquisition and valuations, realty market
research, negotiations, and public involvement. Along with direct acquisition tasks,
Tony has experience developing R/W planning reports, property impact analysis,
property condition assessments, realty project cost estimates, relocation planning
studies, and cost estimates. He’s worked on large and small acquisition projects for
the City, Bozeman School District, MDT, and FHWA-Western Federal Lands.
Key Past Projects: • City of Bozeman R/W Acquisition Term Contract (FY2018-FY2020)-• City of Bozeman T.O. #12 - Griffin Drive R/W Acquisition• City of Bozeman T.O. #17 - W. Babcock St. R/W Pre-Acquisition• MDT R/W Term Contract (2021)• MDT/Gallatin County MT Highway 64 R/W Acquisition• City of Bozeman T.O. #8 - Manley Road R/W Acquisition• City of Bozeman T.O. #6 - Oak & 27th Signal R/W Acquisition• City of Bozeman T.O. #16 - Valley Commons Drive R/W• City of Bozeman T.O. #10 -Fire Station 1 Appraisal
Licensure:• Professional Engineer, MT #18169 PE• Real Estate Sales Person, MT #46467• Notary Public, MT
Years Experience: 15
Project
Personnel
Sanderson Stewart has
selected the following
dedicated project team
based upon their specific
experience, expertise,
and previous work for/in
the City of Bozeman:
QA/QC
Katie Kay, PE
Senior Engineer: QA/QC,
Document Preparation & ReviewDanielle Scharf, PE, PTOE, LEED AP
Principal-in-Charge
Project Management
Tony Gaddo, PE, REALTOR®
Project Manager | Acquisition Agent
Land Planning
Chris Naumann
Land Planner, UDC & Development
Insight, Municipal Projects Advisor
Surveying
Doug Pezoldt, PLS
Senior Professional Land Surveyor
14 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Katie Kay, PESenior R/W Engineer: QA/QC, Document Preparation & Review
Katie is an Associate, Senior Transportation Engineer, DOT Group Manager,
Project Manager for MDT comprehensive roadway design projects, and leads
all MDT R/W design projects. She has 18 years of experience with expertise in
project management, road design, right-of-way design, and developing plans,
specifications, and cost estimates.
Key Past Projects:
• MDT Right-of-Way Design Term Contract 2017-2022
• MDT Kagy Blvd – S 19th to Willson – UPN 8931000
• MDT N 7th Ave & Griffin Drive - Boz - UPN 9312000
Licensure:• Professional Engineer, MT #15323 PE
Years Experience: 18
Danielle Scharf, PE, PTOE, LEED APPrincipal-in-Charge
Danielle is a Principal, Senior Engineer, and Bozeman Region Manager at
Sanderson Stewart. As a Senior Transportation Engineer and Project Manager,
Danielle is responsible for roadway design and traffic operations analysis for a
variety of transportation and land development projects, including managing several
City of Bozeman multimodal transportation improvements projects. Danielle has a
history of successful collaboration with the City of Bozeman’s staff and will work to
build upon that partnership in the delivery of acquisition projects.
Key Past Projects: • City of Bozeman Fowler Avenue Improvements• Kagy Boulevard - South 19th to Willson, Interim Improvements • City of Bozeman Story Mill Road Reconstruction• City of Bozeman Griffin Drive from 7th to Rouse Reconstruction, & Manley Griffin
Intersection Improvements• Urban Renewal District Architecture & Engineering Term Contract, Bozeman,
Montana• Aspen Street from 5th Avenue to 7th Avenue Design Services • City of Bozeman Oak & 27th Intersection Improvements, Bozeman, Montana• City of Bozeman Oak Street Improvements - Ferguson Avenue to New Holland
Drive• City of Bozeman South 3rd Avenue & Graf Street Intersection Improvements
Licensure:• Professional Engineer, MT #14799 PE• Professional Traffic Operations Engineer (PTOE)• LEED Accredited Professional
Years Experience: 18
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Chris NaumannSenior Planner: UDC & Developments Insight
As a senior planner in the Placemaking Studio, Chris brings a distinct perspective
on urban planning and community building. With 14 years-experience as an urban
place management leader, Chris bridges the gap between the public and private
sectors with a collaborative approach. He focuses on planning to achieve the triple
bottom line of cultural, economic, and environmental sustainability. As the Executive
Director of the Downtown Bozeman Partnership, he became well versed in the
principles and best practices of urban planning, multi-modal mobility, placemaking,
and municipal development regulations. He has extensive interdisciplinary
experience in public engagement, strategic planning, project management, and
public private partnerships.
Key Past Projects: • Fowler Avenue Public Engagement Plan• Midtown Urban Renewal District Building Height Code Revision Analysis• 5th Avenue North Corridor Feasibility Study, Billings, Montana
Licensure:• NA
Years Experience: 14
Doug Pezoldt, PLSSenior Professional Land Surveyor: Land Survey, Document Preparation Assistance, QA/QC
Doug is an Associate and Senior Professional Land Surveyor responsible for overseeing a full range of surveying and platting projects, including major and minor subdivisions, boundary retracement and relocations, topographic surveys, public land survey retracement and re-establishment, and construction design and layout surveys. He also manages the staff and resources of the Survey Group. He is the Quality Manager for all MDT Survey Activities including Cadastral Surveys, assisting in developing property lines, reviewing recorded documentation and title commitments.
Key Past Projects: • City of Bozeman URD TO #MID19-001 Sanitary Sewer Manhole Survey on• NAVD 88• City of Bozeman Davis Lane Lift Station & Norton Sewer• City of Bozeman, Midtown/Downtown Sewer Capacity Analysis - Flow monitoring at 12 manholes to identify infiltration/inflow• City of Bozeman Downtown Stormwater Treatment Design Surveys• City of Bozeman 2016 Capital Improvements Survey Term Contract• City of Bozeman South 3rd & Graf Intersection Improvements• City of Bozeman Oak Street Improvements - Ferguson Ave to New Holland Drive• City of Bozeman Oak Street Improvements - 15th Ave to 19th Ave• City of Bozeman Oak & 27th Intersection Improvements• Midtown Urban Renewal District Task Order 4 - Oak Street & 7th Intersection Improvements• Midtown Urban Renewal District Task Order 5 - 5th Avenue Parking
Licensure:• Professional Land Surveyor, Montana #15273 LS
Years Experience: 31
4. Capabilities to Meet Time & Schedule
16 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Sanderson Stewart does what is necessary to meet project schedules and holds all team members accountable. We assign resources using our Deltek Vantagepoint accounting/project management software. We monitor project progress and schedules daily in Vantagepoint, looking ahead and planning accordingly to avoid bottlenecks in resources. Sharing resources across the company is commonplace to meet the demands of projects. At a company level, we have a weekly Operations Meeting to discuss staff workload across the company and if resources need to be shared to meet project demands. In addition, our teams meet collectively no less than once per week to discuss tasks for the week, manpower needs, project priorities, as well as the status of scope, schedule, and budget on City of Bozeman projects. Our goal is that the City feels this project is our only project and that the City is our #1 priority.
Sanderson Stewart has grown and maintained favorable relationships with City of Bozeman personnel with every project we’ve worked on. We strive to not only provide an excellent product but to keep the City in the know at every phase. One way we achieve this product is by our focus on thorough communication. We pride ourselves on keeping our clients informed at every step. In addition to regular communication during the week, we also provide regular (weekly or bi-weekly if desired) progress reports to City staff on all our active projects. Our focus on exemplary communication and being responsive to the needs of our client, allows us to stay on schedule, foster the development of best-fit workable solutions and maintain trust. We strive to retain/build trust with the City and project stakeholders, thereby making the job of City staff easier through our proven methods of managing projects, while delivering the quality projects the City of Bozeman has grown to expect from Sanderson Stewart.
Our right-of-way team includes one (1) right-of-way agent in Bozeman, two (2) design professionals in each Bozeman and Billings, one (1) professional land surveyor in Billings, and one (1) project administrative assistant in Bozeman. Additional staff resources within our transportation group and throughout Sanderson Stewart are available to assist, as needed, with the demands of projects. This sole commitment to the City means that Sanderson Stewart is intimately familiar with the City’s written right-of-way requirements and procedures, but more importantly, understands their process as well as additional unwritten and holistic expectations. This type of relationship with the City of Bozeman allows us to start each project with the City’s built-in trust and confidence; from there we strive to exceed their expectations.
Firm Workload
Sanderson Stewart currently has multiple projects in various stages but has sufficient capacity for additional work by our acquisition team members. The group is currently working on the Highway 64 2017 Tiger Grant Project with Gallatin County and MDT in Big Sky, the West Griffin Drive R/W Acquisition project in Bozeman, and four other R/W acquisition task order projects for the City of Bozeman. Each of these projects is in various project stages from just kicking off acquisitions (Griffin), to finalizing certification (Highway 64), to final submittals (several small task orders), setting our team up to tackle the City’s next imperative projects to be completed.
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Based upon an analysis of our team’s workload, we anticipate plenty of available team capacity to serve the needs of the City of Bozeman through this term contract:
Firm Technology
Sanderson Stewart is committed to providing its staff with the latest in equipment and technology and are constantly updating our design capabilities in order to provide the highest quality deliverables while staying on schedule and on budget. Staff members are equipped with individual laptops that carry the latest in productivity software making them tremendously mobile and accessible to the project team and the City.
Our firm employs Microsoft Office 365, which includes extensive use of Word, Excel, and Microsoft Teams. Even before the COVID-19 Pandemic, our firm utilized Teams as our main communication platform, and has since transitioned our phone system to work through Teams. The result is that any member of our team with access to the internet can be reached/communicate externally regardless of location. This means our team is available to City staff whenever and wherever they are located, resulting in efficient and effective communication. Additionally, our firm has used Zoom but prefers Teams because of security concerns with Zoom. In addition to conducting meetings remotely, our team has the added benefit of being able to notarize remotely. Through specific training and certifications, we have notary publics in Bozeman and Billings that can complete remote notarizations using the SignIX platform. This allows our R/W agents to negotiate and sign with owners at-ease with a Montana-Approved remote notary system using either hard paper copies or digital files.
All of our staff utilize Deltek Vantagepoint for project scheduling, staff resource scheduling, budget reviews, and billing. Sanderson Stewart survey staff is proficient in the latest survey equipment, as listed, with expertise in LIDAR Scanning, and Robotic Total Stations, and drone technology. Our current resources include:
Computer Aided Design:
• MicroStation SS10/PowerGeopak with OpenRoads Technology (Legacy/Enhanced Workspaces)
• ArcMap 10.3.1
• AutoCAD 2019
• Civil 3D 2019
• Raster Design 2019
• AutoDesk Infraworks 2019
• GuideSIGN 7 by Transoft
Graphic Design:
• Adobe Creative Cloud Suite
• Bluebeam Revu• Lumion Rendering
• AutoDesk 3ds Max
Project Management:
• Deltek Vantagepoint
• Microsoft Project
• SignIX (Notary System)
Virtual Communication:
• Microsoft Teams
• Zoom
Office 365 Suite
• Word
• Excel
Survey Equipment:
• Trimble GPS Equipment• GNSS R8-4 and R-10
Receivers/Rovers• Trimble S6 Robotic Total Stations• Access• Business Center Version 5.0• TDL 450 H Radios• TSC3 and TSC7 Data Collectors • Net R9 CORS Base Receiver • Base Data Collectors• DiNi 12 Digital Level• LIDAR Scanning Software• Cyclone Register, Cyclone Survey, and CloudWorx• Leica C-10 Scanning Station• MicroSurvey STAR*NET• ANAFI Parrot Drone
EQUIPMENT & SOFTWARE
18 Proposal for Realty Professionals to Act as City Buyer’s Agent for R/W et al.
Quality Assurance/Quality
Control Procedures
Another critical component of on-time, on-budget project delivery, is our firm’s focus on our internal QA/QC program. The QA/QC program developed for right-of-way projects will be customized for each project, and the exhibit to the right portrays our QA/QC process that will be followed. At the start of each project, our Project Manager, Tony Gaddo, will develop and provide the project quality control plan (PQCP) that identifies the project team, roles and responsibilities, and details of the specific plan for each project.
A Project Kick-Off Meeting is held to communicate project scope, purpose and need, schedule, and budget to all team members. At the early acquisition planning stage of the project, pre-negotiation meetings are held with acquisition staff (across multiple disciplines when necessary) to comprehensively identify issues and solutions. Collaboration from the beginning produces better results, more efficiently, and reduces future rework.
Within the various disciplines, there are task managers (identified in each PQCP) who manage the day to day tasks within their specialty. They complete various reviews and provide guidance to staff performing much of the work. The Project Manager will also complete various reviews and provide guidance to staff, as well as complete a detailed review and approval for each milestone submittal, including cross-checking notes for consistency, ensuring submittal checklists are complete and all required deliverables are included.
PM Hosts Project Kick-o Meeting with Technical StaPM Hosts Project Kick-o Meeting with Technical Sta
PM Hosts Pre-Negotiation Planning with Sta
Full R/W Negotiation Meetings
with Owners Commence
Oer Package Detail is Prepared
& Owners Are Contacted
Coordinate Owner-Requested Modications
to Oer Package
Clear Title, Taxes & Lien with Owner-signed Oer
Package, Including Additional Documents as Needed
Clear Title, Taxes & Lien with Owner-signed Oer
Package, Including Additional Documents as Needed
PM & QC Sta Review All Signed Oer Packages
& Submit to MDT for Closing
PM Prepares the PQCP
PROCESSPROCESS
QA QCQA QC
MilestoneMilestone Continued Acquisition ProcessContinued Acquisition Process
5. Additional Information
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Claims
At no time in the last ten (10) years has Sanderson Stewart been assessed and paid liquidated damages after completion of a project under a contract with a public owner.
References
City of BozemanShawn Kohtz, PE, City EngineerP.O. Box 1230, Bozeman, MT 59771-1230406-582-2280skohtz@bozeman.net
City of BozemanTaylor Lonsdale, PE, Transportation EngineerP.O. Box 1230, Bozeman, MT 59771-1230406-582-2286tlonsdale@bozeman.net
Montana Department of TransportationTherese Iwaniak, Butte District R/W Supervisor P.O. Box 3068, Butte, MT 59702-3068406-494-9618tiwaniak@mt.gov
APPENDIX: NON-DISCRIMINATION & EQUAL PAY AFFIRMATION
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Sanderson Stewart
Sanderson Stewart
Principal | Bozeman Region Manager