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HomeMy WebLinkAboutRau & Associates, Inc. 2018-03-21; Amendment 2 2021-01-06 COU No. 1718-202-A2 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED MARCH 21, 2018 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated March 21, 2018 shall remain in force and effect except as modified by this first amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 2. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the October 29, 2020 letter proposal. A copy of said letter is included in this second amendment as Attachment 1. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of$17,073 for a total contract amount of$36,265.93 RAU AND ASSOCIATES, INC. CITY OF UKIAH BY: BY: GEORGE KAU, P.E. SAGE SANGIACOMO CITY MANAGER /,�Z - i? — a9 o Jan 6, 2021 DATE DATE Amendment No.2 to Agreement for Professional Consulting Services Attachment 1 AND ASSOCIATES INC. CIVIL ENGINEERS•LAND SURVEYORS October 29, 2020 Mr. Tim Eriksen, City Engineer Mr. Jarod Thiele, Public Works Management Analyst 300 Seminary Avenue Ukiah, CA 95482 Job Number 20001 RE: PROVIDE MONUMENTS AT CITY BOUNDARY WITH.NORGARD LANE AND ADJOINING PARCELS; PREPARE AND FILE RECORD OF SURVEY MAP Gentlemen: This is a proposal to provide surveying services in connection with land acquired by the City of Ukiah along the south side of Norgard Lane. STATEMENT OF PROJECT CONDITIONS AND REQUIREMENTS In 2018, Rau and Associates, Inc. (RAU) was authorized to provide some professional surveying services related to the establishment of a property line between the City Water Treatment Plant Facilities at Plant Road and the property owned by Norgard Properties, Inc. Some properties were to be retained by Norgard Properties, Inc. from a sale of a major portion of the Norgard Property south of Norgard Lane to the City of Ukiah. A short summary of the tasks to be performed included research existing deeds along Norgard Lane to establish property lines of the various owners adjoining property purchased by the City, survey the location of two parcels to be retained by Norgard Properties as marked in the field, prepare legal descriptions for two parcels, set monuments at various property corners for two parcels, and prepare a Record of Survey of two parcels. As work progressed, it became evident that there are actually three parcels which Norgard Properties wanted to retain and that part of one of them has an overlapping land owner by occupation/encroachment. The deeds were vague and in the form of a chain of title beginning back in the 1940's. The plot of APN 184- 080-11, owned by a third party, on the Assessor's Map does not coincide with the lines of occupation on the ground, which reportedly have existed for approximately 40 years. The difference in location on the Assessor's Map and the lines of occupation on the ground is approximately 55 to 60 feet. Consequently there was considerably more work to locate existing property lines and then develop the legal description of three parcels. Exhibit"B" from Instrument Number 2019-05505 where Norgard Properties, Inc. granted land to the City of Ukiah is attached for reference. It shows the overlap of the location of APN 184-080-11 as plotted by the Assessor on Parcel 1 vs the land fenced on the ground. Because of the complexities that were not anticipated in the original agreement, and the time schedule for close of escrow, the work in 2019 was expedited and legal descriptions were written to exclude the land (wherever it may be) in APN 184-080-11 from the lands of Norgard and the City. The research of the string of deeds to establish senior and junior rights was not completed and the parcels were not monumented. A Record of Survey was not prepared and recorded. Subsequently, as the purchase progressed, it was determined by Norgard Properties, Inc. that they did not want to retain the third parcel on the eastern end of Norgard Lane (Parcel 2 on Exhibit"B") and that parcel was deeded to the City. 100 NORTH PINE STREET • UKIAH,CALIFORNIA 95482 • 707-462-6536 FAX 707-463-2729 www.rauandassoc.com Mr.Tim Ericksen,Mr.Jarod Thiele, Client Name,October 29, 2020 Page 2 Since the City acquired the property, there has been a fire and some major disturbance to the area adjacent to Norgard Lane and the properties in question. There were only two remaining monuments found along Norgard Lane in 2019 which establishes its location. With the added confusion caused by the overlap of deeds between APN 184-080-11 and adjoining property owned by Norgard Properties, Inc. and by the City of Ukiah, there remains unanswered questions and ambiguities about the location of various boundaries. It is prudent on behalf of the City to have the survey completed and the property corners monumented, then have a Record of Survey filed to perpetuate the evidence found and to document the lines of occupation. Once this is done, there may be additional work required to clear title to the various parcels involved. This proposal does not include that type of work, but does have an allowance for allowing the Title Company to review the draft map and for us to attempt to answer questions which they may have. This proposal includes tasks to review deeds and other evidence, to re-establish/confirm survey control points in the area, to confirm fence locations, to set monuments and to prepare and file a Record of Survey. TASKS INCLUDED IN THIS PROPOSAL • Research and Documentation for Record of Survey Map $ 3,220.00 • Preliminary Field Surveys $2,660.00 • Office Compilation of Evidence and Mapping Resolution $2,100.00 • Set Property Corner Monuments at 9 locations $ 2,380.00 • Prepare Record of Survey for review by County Surveyor's Office • Corrections/Additions and Final Map for Filing $ 5,525.00 Total Labor Costs 0 $16,345.345.00 Munselle Civil Engineering (MCE) will be a subconsultant to Rau and Associates, Inc. in completing this work. MCE will provide the field survey crew and CAD drafting required. The estimated cost of their services is $8,820.00 and is included in the total labor costs. George Rau will be the Professional of Record to review all supporting documents and to sign and seal the Record of Survey Map. In addition, there will be some reimbursable costs and expenses, estimated as follows: Property Corner Monuments and steel fence post markers $ 60 Record of Survey Map Check Fee-County Surveyor's Office $584 Recorder's Fee Total Estimated Reimburseable Costs 84 $728 Total Estimated Cost for this Agreement $17,073 SCHEDULE OF WORK Research of existing conditions and documentation for Record of Survey will be initiated within 5 working days of receipt of a Notice to Proceed with the work. Preliminary Field Survey will be done within three weeks of receipt of a Notice to Proceed. Compilation of records and analysis of the boundaries is anticipated to take three weeks after preliminary field work is complete. After resolution of the boundaries, monuments will be set in the field and a Draft Record of Survey will be prepared in approximately 3 weeks. The map will be submitted to the County Surveyor's Office and to Redwood Empire Title Company for review and comment. That process is anticipated to take two to three weeks. Corrections and additions will be made to the draft Record of Survey within two weeks of receiving the comments. The map will be signed and submitted to the County Surveyor's Office for recording. The whole process is anticipated to take about 14 weeks, when the map will be submitted to the County Recorder for recording by the County Surveyor's Office. The County Recorder has two weeks by law to review and record the map. Mr.Tim Ericksen,Mr.Jarod Thiele,Client Name, October 29, 2020 Page 3 DELIVERABLES • 9 PROPERTY CORNERS—MONUMENTED WITH INCH IRON PIPES OR NAILS AND BRASS TAGS IN EXISTING FENCE CORNERS • RECORD OF SURVEY MAP Thank you for this opportunity to be of service. IV OFESS�Q GE C oD (SS �AG<"�` Very truly yours, C 2 908 rn EXp,09.30.XZ/ O — tp clvl\. George C. Rau, P.E. Registered Civil Engineer 21908 Enclosure: Exhibit B to Instrument No.2019-05505 Expires 9-30-2021 2019-05505 Page 4 of 505,20;20 a 9 1 nu:44:1,7 AM EXHIBIT "B" 4 JJ ir ilk , i uA 8 , a d e p f 1_ ,-° '" 1