17-108.05 David Evans & Assoc: Barker/BNSF Grade Separation i7Washington State
Ai Department of Transportation
Supplemental Agreement Organization and Address
Number 05 David Evans and Associates,Inc.
Original Agreement Number 908 N.Howard St.,Suite 300
Spokane,WA 99201
17-108
Phone: 509.327.8697
Project Number Execution Date Completion Date
0143 August 24,2017 December 31,2020
Project Title New Maximum Amount Payable
Barker Rd/BNSF Grade Separation $2,496,981.01
Description of Work
This supplement requests authorization to transfer funds from the Management Reserve Fund(MRF)budget on the above project
for extra work related to Task 14"Appraise and Acquire Right of Way".
A detailed description of the additional scope of work elements are described in the attached Exhibit A.We request that the City
authorize release of$89,516.48 of the MRF for the extra work preformed in Task 14,as detailed in exhibit B.
The Local Agency of City of Spokane valley
desires to supplement the agreement entered in to with David Evans and Associates,Inc.
and executed on August 24,2017 and identified as Agreement No. 17-108
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
See attached Exhibit A-1,Scope of Services;
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: extend completion date to December 31,2020.
III
Section V, PAYMENT, shall be amended as follows:
See attached Exhibit A-2.This supplement requests the City authorize release of$89,516.48 of the MRF for extra work associated
with Task 14,as detailed in the attached Exhibit B.The total authorized contract amount will remain$2,496,981.01.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Debra Seeman,Sr.Associate By: U f.r /. U t r 1 r
Dolma . • Meo
Consultant ignature ' Approving u hority Signature
72420(
to
DOT Form 140-063
Revised 09/2005
Exhibit A-1
*Wane
. Valley
City of Spokane Valley, WA
Barker Road/BNSF Grade Separation
Project No. 0143
Supplement #5
Scope of Services
Prepared by:
David Evans and Associates, Inc.
908 North Howard Street, Suite 300
Spokane, WA 99201
C a
0
In association with HDR Engineering, Inc.
FN
September 10, 2019
TASK 14 APPRAISE AND ACQUIRE RIGHT-OF-WAY — HDR & DEA
The following scope of work details the necessary effort to acquire right-of-way for the project.
HDR will accomplish this task unless specified otherwise.
GENERAL ASSUMPTIONS:
This scope encompasses services to complete right-of-way (ROW) acquisition and
relocation for the Project. It is anticipated that the following elements of these services
will be completed by December 2019. Scope of services includes the following:
1. Ongoing management and administration of the ROW process.
2. Initiate and negotiate a maximum of 16 acquisition offers and up to four (4)
relocations (non-residential).
3. HDR shall coordinate with the CITY, as necessary, and in accordance with the
Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act
(URA), WSDOT LAG Manual guidelines, applicable State and local laws, and CITY
administrative rules, to facilitate the acquisition of identified properties.
4. CITY shall provide HDR with available project information such as, but not limited
to, the CITY's State approved ROW and limited access procedures, approved
environmental documentation, and any pre-approved CITY ROW forms, including
legal documents.
5. HDR and CITY agree to maintain clear lines of communication, determine and
document the appropriate decision making process to achieve project goals and to
provide open access to available data that is pertinent to the project.
6. HDR shall prepare for and attend the pre-project right-of-way meeting and up to ten
(10) project meetings, along with a project close-out meeting.
7. HDR shall order all appraisals, and review appraisals for the project.
8. DEA shall order and provide HDR with all title commitments, or updated title
commitments if they have been previously ordered.
9. HDR shall confer with CITY on proposed settlements over the approved offering
price to determine whether to either increase or alter terms of the settlement.
10. HDR shall work directly with the selected title company and assist with escrow and
closings.
11. All deliverables will be produced in accordance with the approved quality
control/quality assurance (QC/QA) process established by the CITY and the
CONSULTANT team.
12. All deliverables prepared by HDR shall be provided to the CITY — one (1) electronic
version and one (1) hard copy.
DELIVERABLES:
1. HDR will provide the CITY a complete Right-of-Way package, including the Right-of-
Way Certification letter that will be signed by the CITY and then submitted to
WSDOT Local Programs for final right-of-way certification.
14.1 Real Estate Services Management - HDR
HDR will provide general ongoing coordination, administration direction, and
guidance for the HDR staff working on this project. HDR will provide monthly project
updates on progress of work. HDR will also perform project management and
administration for the following real estate services tasks as follows:
1. Prepare for and attend pre-project ROW and limited access meeting and
monthly project update meetings with the CITY.
2. Prepare and provide monthly updates of a landowner list, preliminary ROW and
limited access cost estimate by parcel, and ROW schedule for the overall
project.
3. HDR communication directed to the CITY shall be routed through DEA, unless
directed otherwise.
CITY RESPONSIBILITES:
1. Attend pre-project ROW and limited access meeting and monthly project
update meetings
2. Review and approve monthly updates of a landowner list, preliminary ROW
and limited access cost estimate, and ROW schedule.
ASSUMPTIONS:
1. HDR will attend up to ten (10) project team meetings to review the landowner
list, preliminary ROW and limited access cost estimate by parcel, and schedule
for the overall ROW project.
2. Up to two (2) HDR staff will attend the recurring monthly meetings. Staff time
commitment is estimated at three (3) hours per staff and per meeting for
preparation, participation in the meeting, and notes.
3. All meetings are anticipated to be held at the City of Spokane Valley.
4. HDR shall distribute status reports at least one business day in advance of
meetings.
5. HDR shall prepare the ROW schedule within seven days of Notice to Proceed
and update up to an additional twelve (12) times as needed.
6. DEA will process HDR communication directed to the CITY, and CITY
responses, in a timely manner to avoid delays.
DELIVERABLES:
1. Preliminary ROW and limited access cost estimate — MS Excel and PDF
2. ROW Schedule and updates.
14.2 Appraisal and Appraisal Review - HDR
HDR will manage the appraisal process for up to 22 parcels. As part of the appraisal
process, HDR's appraiser shall complete a Project Funding Estimate (PFE).
Administrative Offer Summary (AOS) reports will be prepared where appropriate in
lieu of appraisals. HDR's appraiser and review appraiser shall meet all requirements
set forth in 49 CFR 24.103. HDR will perform the following work:
1. Prepare an appraisal schedule for delivery of a PFE, appraisal, and AOS reports.
2. Prepare one (1) PFE including worksheets.
3. Develop AOS reports for eligible acquisition parcels.
4. Assemble all needed appraisal data and appraisal scope for each assigned
parcel.
5 Send out landowner contact letters to all affected parcels in advance of the
appraisal, if needed.
6. Agents will attend appraisal inspections, where possible
7. Manage delivery of appraisal services.
8. Prepare before and after appraisal reports, as needed, and supply all completed
reports to the appraisal reviewer selected by HDR.
9. Develop appraisal reviews for all parcels that are appraised.
CITY RESPONSIBILITIES:
1. Review and approve appraisal schedule.
2. Review and approve the PFE.
3 Approve appraisal reviews via signed Determinations of Value.
4. Review and approve by signature all AOS reports.
ASSUMPTIONS:
1. H DR will manage their appraisal staff to develop the most expeditious schedule
for delivery of all valuation deliverables.
2. CITY shall provide any available information to HDR that is needed to complete
the assigned appraisals.
3. One draft and one final PFE shall be prepared.
4. There will be a maximum of twenty-two (22) parcels valued:
a. There will be up to ten (10) partial acquisitions, and three (3) full
acquisitions, 2 permanent easements, and 7 temporary construction
permits.
b. All valuation services will be performed by a WSDOT certified
independent appraiser to WSDOT LAG manual standards.
c. All will be before and after short form narrative appraisal reports or in
AOS report form where appropriate.
d. It is anticipated there will be eight (8) appraisal reports and four (4) AOS.
If the PFE identifies additional parcels to be appraised, the cost for the
appraisals will be adjusted accordingly.
e. Any additional appraisals will result in additional costs to the CITY.
f. It is anticipated there will be two (2) complex parcels.
g. It is anticipated there will be twenty (20) non-complex parcels.
h. Comparable sales will be researched for four land use types: commercial,
SFR, multifamily, and industrial.
i. The estimated delivery schedule for the PFE is 45 days following Notice
to Proceed (NTP). The appraisal reports will be delivered within 30 days
following NTP and the AOS reports will be delivered within 15 days
following NTP.
j. Notice to Proceed (NTP) for the appraiser will be the date sufficient right
of way plans or exhibits are provided with title and landowner contact info
to the appraiser.
k. NTP for the review appraiser will be upon delivery of the appraisal report.
h. There will be a maximum of fifteen (15) PFE associated worksheets.
DELIVERABLES:
1. PFE and appraisal schedule
2. PFE spreadsheet and worksheets
3. Administrative Offer Summary Reports
4. Landowner contact letters
5. Appraisal Reports
6. Appraisal Reviews
14.3 Acquisition and Negotiation Services — HDR & DEA
HDR will prepare offer packages, present offers and negotiate purchases, prepare
administrative settlement memos, and prepare executed documents for CITY approval
and processing for a maximum of 22 acquisition parcels All acquisition files will be
transmitted to the CITY with all original documents at the completion of negotiations.
Services include:
1. Prepare and maintain electronic and hard copy parcel files.
2 Review title report(s) and title report updates supplied by DEA.
3. Review ROW plans or exhibits and legal descriptions.
4. Prepare documents and deeds required for up to twenty-two (22) acquisition
parcels.
5. Prepare and provide all documents required for the assigned parcels including
Offer Letters, Deeds, Easements, W 9's, Real Property Vouchers, Real Estate
Tax Affidavits, Escrow Agreements, and Negotiator Diaries.
6. Act as the agent of the CITY in negotiations.
7. Make a minimum of three (3) contacts with each of the impacted landowners in
an effort to negotiate a fair settlement.
8. If an impasse is reached during negotiations, the entire parcel file shall be turned
over to the CITY for further action, including determination to eliminate
acquisition of property.
9. Acquire easements and fee acquisitions, as approved by the CITY.
10. Provide a justification memorandum for settlements above the approved offering
price, for approval by the CITY.
11. Provide a condemnation cover memorandum and parcel file, as approved by the
CITY.
12. Process all landowner payments through the CITY, clear all encumbrances, and
manage escrow or in-house closing for all acquisitions.
13. Transmit completed parcel files to the CITY.
CITY RESPONSIBILITIES:
1. Provide HDR with a copy of WSDOT approved Right-of-Way acquisition
procedures
2. Approve all real estate documents and forms that HDR will use consistent with
CITY acquisition practice.
3. Approve offer packages prior to delivery
4. Approve all administrative settlements.
5. Approve all landowner payments,and approve all encumbrances to be cleared.
6. Make prompt payment to the owner or Escrow Company for all approved
acquisitions.
7. Review and approve all transmitted files.
ASSUMPTIONS:
1. HD R's title review responsibilities shall be limited to identifying the correct vesting from
the title report and inputting that information into the appropriate acquisition
documents.
2. HDR shall make the initial offer to purchase in person if possible, or by certified
mail.
3 HD R shall make a rrnii ncf three(3)good-faith attempts at negotiations for each
parcel assigned,with those attempts being defined as an in-person visit with
landowner, a detailed phone conversation, or a substantive correspondence or
email exchange.
4. If negotiations cannot be concluded within 45 days of the offer date on any given
parcel or if an appraisal is requested by a landowner of any AOS parcel then the
hours to complete those parcels will be re-negotiated and adjusted accordingly.
5. HD R's acquisition duties shall be deemed complete if any of the following occur:
A negotiated settlement approved by the CITY is reached and the necessary
closing documents are executed; a paid P&U is secured and the acquisition file is
transmitted to CITY; an impasse in negotiations is reached or; the offer to
purchase is rescinded
6. HDR will manage the closing process in house and contract directly with the
escrow company for closing. When the CITY receives acceptable documents
from HDR, they will be signed by the CITY and returned to HDR for processing,
recording and closing.
DELIVERABLES:
1. Offer packages
2. Administrative settlement memos
3. Paid Possession and Use Agreements
4. Executed acquisition documents or transfers to condemnation proceedings
5. Completed parcel files
14.4 Relocation Services - HDR
HDR shall make site visits, estimate relocation costs, interview potential displacees
and prepare a Relocation Plan for the project. HDR shall also prepare and present all
relocation notices and benefit letters, provide relocation services, and prepare
executed documents for CITY approval and process all relocation payments. At the
end of the project all relocation files will be transmitted to the CITY with all original
documents. HDR Services include.
1. Prepare and maintain electronic and hard copy relocation files.
2. Track and update relocation milestones.
3. Interview potential displacees and estimate relocation costs.
4. Prepare and update relocation plan as needed.
5. Prepare and present all relocation documents.
6. Act as extension of the CITY's staff while serving as the CITY's relocation agent
for affected parcels
7. Preparation of Commercial Move Bids solicitation.
8. Obtaining and analyzing move estimates
9. Monitor actual relocation of displacee from displacement sites.
10. Assist displaced persons and/or businesses with filing claims
11. Provide advisory assistance as required by law.
12. Process relocation payments through the CITY.
13. Transmit completed relocation files to the CITY.
CITY RESPONSIBILITIES:
1. Approve relocation status report
2. Review and approve relocation plan.
3. Approve the format of all documents used.
4. Review and authorize all relocation payments in advance.
5. Make prompt payment to displacees for all approved relocations.
6. Review and approve all transmitted files.
7. Track any additional claims made by displacee(s) after move is completed and
approved relocation payments have been made.
ASSUMPTIONS:
1. HDR shall submit one (1) draft and one (1) final relocation plan to the CITY with
up to four (4) updates to the plan.
2. The CITY will review and approve the relocation plan prepared by HDR within ten
(10)working days.
3. There will be up to four (4) non-residential relocations, including one (1) landlord
business, two (2) businesses, and one (1) personal property only requiring
relocation services.
4. CITY will provide any approved relocation forms for HDR's use.
5. HDR's participation in any relocation appeal will be limited to supplying
supporting documentation and attending two (2) meetings.
6. Relocation services will be deemed complete if any of the following occur:
a. The Notice of Eligibility or offer to purchase is rescinded.
b. Relocation payments are made and the site is cleared.
c. The CITY allows displacee to maintain tenancy on the site after an
approved replacement site has been identified and or relocation
payments made.
7. The CITY will be responsible for claims monitoring or additional relocation
services after vacation of the site, and relocation payments have been made to
any displacee.
8. At the end of the project (properties vacated and relocation payments made) all
relocation files will be transmitted by HDR to the CITY with all original
documents.
DELIVERABLES:
1. Status reports
2. Relocation Plan
3. Relocation documents
4. Completed relocation files
14.5 Certification - HDR
The CONSULTANT shall prepare all files for certification to the standards of the
Washington State Department of Transportation LAG manual and prepare a
certification memo for CITY.
CONSULTANT Services
1. Prepare acquisition files and documents for pre-acquisition review by WSDOT.
2. Attend the WSDOT pre acquisition review meeting.
3. Prepare Post Acquisition Files for Certification
4. Prepare Draft Certification Memo.
5. Participate in LPA Certification Reviews.
CITY Responsibilities
1. CITY shall supply all ROW documentation needed for parcel files to
CONSULTANT in advance of all WSDOT reviews.
2. Review files prior to pre and post-acquisition certification WSDOT review.
3. Review and approve draft certification memo.
4. Transmit final certification memo(s) to Highways and Local Programs.
5. Participate in WSDOT LPA certification reviews.
Assumptions(s)
1. A maximum of 16 acquisition files shall be prepared for certification.
2. There will be a maximum of one draft certification memo prepared.
3. There will be a maximum of one certification review meeting of a maximum of
two (2) hour duration each for pre-acquisition and post-acquisition file review.
Exhibit A-2
Summary of Payments -Supplement 5
City of Spokane Valley,WA
Barker Road/BNSF Grade Separation
(Project No.0143)
Basic Agreement Supplement 1 Supplement 2 Supplement 3 Supplement 4 Supplement 5 Total
Direct Salary Cost 5 57,223.00 5 2,555.00 $ 3,120.62 $ 337,787.99 S - S $ 400,686 61
Overhead(including Payroll Additives) $ 95,508 00 $ 4,090 00 $ 5,470.13 $ 592,108.56 5 - $ - $ 697,176 69
Direct Non-Salary Cost(Inc] Subs) $ 2,064 00 $ 20.00 $ 5,056.93 $ 1,157,019 26 $ - $ - $ 1,164,160 19
Fixed Fee(Prime) $ 17,740.00 $ 791.00 $ 976.75 $ 105,727 64 $ - $ - $ 125,235.39
Management Reserve Fund $ 109,632.17 $ $ $ 109,632.17
Subtotal: $ 172,535.00 $ 7,456.00 $ 14,624.43 $ 2,302,275.61 $ - 5 - $ 2,496,891.04
Cumulative Total. $ 179,991.00 $ 194,615.43 $ 2,496,891 04 5 2,496,891.04 $ 2,496,891 04
Authorization of this amount reduces the available MRF amount as follows:
Management Reserve Fund Description: Total Remaining MRF
MRF added by Original Contract: $109,632.17
MRF#1—Additional Submittal Reviews <$89,516.48> $20,115.69
Remaining MRF Amount: $20,115.69
Exhibit A Summary of Payments-supplmt-05.xlsx 9/10/2019
1
Supplement #5
Exhibit A-2
David Evans&Associates: Barker Road/BNSF Grade Separation
From"Labor Budget"Tab From"Expenses.'Tab
Total From
Task# Task Description Billable Labor Billable Expenses
Spreadsheet
14 Appraise and Acquire Right-of-Way HDR&DEA $ 63,982.48 $ 25,534.00 $89,516.48
$89,516.48
Escalation $0.00
$89,516.48
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