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HomeMy WebLinkAbout21- Amendment 2 to Task Order 12 - Sanderson Stewart - Griffin Drive North 7th to Rouse Ave Project ____ Initials November 15, 2021 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, Amendment #2 West Griffin Drive – North 7th Avenue to North Rouse Avenue Dear Mr. Lonsdale: The following is a proposal for an amended Scope of Services for Sanderson Stewart to provide certain services in connection with your project, which is generally described as follows: Land agent services for street and utility improvements for the West Griffin Drive corridor from North 7th Avenue to North Rouse Avenue, located in Bozeman, Gallatin County, Montana. These services are to be performed as Amendment #2 to the Scope of Services under the Professional Services Agreement for Streets and Land Agent Services term contract (FY 2018 – FY 2020) for realty and engineering services. If this Amendment #2 to the scope of services is acceptable to you, please execute this agreement where noted. Overview The project has been under construction during the 2021 season and is anticipated to be completed in 2022. Acquisition services have been performed to acquire the necessary right-of-way (R/W) for the project concurrently with construction, having focused on the west end of the project corridor between North 7th Avenue and the railroad crossing. Project challenges related to R/W acquisition discussions, adjacent development projects, construction changes, etc., required additional R/W acquisition time to be spent negotiating with property owners. The project is intended to resume construction in 2022 with additional R/W acquisition time required to finish acquiring the necessary R/W for the project. Sanderson Stewart will continue to provide professional R/W acquisition services to acquire new R/W for the project. Scope of Services Sanderson Stewart will provide the following services as part of its basic services: TG DocuSign Envelope ID: 7652CA8A-B4D2-46E4-8E11-C50D84F032FB Mr. Taylor Lonsdale November 15, 2021 Page 2 ____ Initials 1. Project Research Additional time for this task is not included in this Scope of Services. 2. Initial Property Owner Contact Additional time for this task is not included in this Scope of Services. 3. R/W Mapping & Exhibits Additional time for this task is not included in this Scope of Services. 4. Title Commitments Additional time for this task is not included in this Scope of Services. 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: · A full appraisal narrative was started for Parcel 34 (northwest corner of Griffin Dr and N Rouse Ave) prior to construction activities beginning the summer of 2021. Additional design changes for Rouse Avenue necessitated the appraisal and acquisition process for Parcel 34 to be postponed until design changes are completed. The appraisal will require modification based on the new R/W acquisition areas. · Team coordination · QA/QC of waiver valuations 6. Prepare Contracts Additional time for this task is not included in this Scope of Services. 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 additional acquisition meetings with remaining parcels requiring R/W acquisition (minimum of 3 meetings per parcel). TG DocuSign Envelope ID: 7652CA8A-B4D2-46E4-8E11-C50D84F032FB Mr. Taylor Lonsdale November 15, 2021 Page 3 ____ Initials · Acquisition meetings were previously scoped for Parcels 20, 23, 25, 26-28, 30, 32-34, and 36, however, additional time is required to include addressing permanent easements, valuation, project impacts, and closings. · Prepare final acquisition documents for remaining 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 Additional time for this task is not included in this Scope of Services. 10. Title Clearing and Closing Additional time for this task is not included in this Scope of Services. 11. Final Submittal and Closeout Additional time for this task is not included in this Scope of Services. 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 TG DocuSign Envelope ID: 7652CA8A-B4D2-46E4-8E11-C50D84F032FB Mr. Taylor Lonsdale November 15, 2021 Page 4 ____ Initials 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. 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 the 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 the 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 prior to commencing construction in the spring of 2022. 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. TG DocuSign Envelope ID: 7652CA8A-B4D2-46E4-8E11-C50D84F032FB Mr. Taylor Lonsdale November 15, 2021 Page 5 ____ Initials Fees and Billing Arrangements Invoice and Billing: Sanderson Stewart will bill for its services on a time-and-materials basis with a total project cost not to exceed $130,481.00. Sanderson Stewart will begin work once this agreement has been executed by both parties. Right-of-Way Acquisition – Amendment #2 1. Project Research $0.00 2. Initial Property Owner Contact $0.00 3. R/W Mapping & Exhibits $0.00 4. Title Commitments $0.00 5. Appraisals and Valuations $1,970.00 6. Prepare Contracts $0.00 7. Acquisitions $16,382.00 8. R/W and Design Plan Updates $1,200.00 9. Relocation Services $0.00 10. Title Clearing and Closing $0.00 11. Final Submittal and Closeout $0.00 12. Contingency $3,280.00 13. Project Administration $1,090.00 Subtotal for Amendment #2 $23,922.00 Current Contract Amount (including amendments) $106,559.00 Total Project Cost $130,481.00 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. TG DocuSign Envelope ID: 7652CA8A-B4D2-46E4-8E11-C50D84F032FB Mr. Taylor Lonsdale November 15, 2021 Page 6 ____ Initials Conclusion Mr. Lonsdale, we look forward to continuing to work with you on this 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 106 E Babcock, Suite L1, Bozeman, MT 59715 or tgaddo@sandersonstewart.com. Thank you. Sincerely, Tony Gaddo, PE, REALTOR® Senior Engineer | Right of Way Specialist This Amendment #2 to Task Order #12 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 11/15/2021 DocuSign Envelope ID: 7652CA8A-B4D2-46E4-8E11-C50D84F032FB Jeff Mihelich City Manager 12/8/2021 December 7 21