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06-088.00 David Evans & Associates: Appleway ReconstructionAmok � Washington State �I/ Department of Transportation Supplemental A ll pp Agreement g Organization and Address David Evans and Associates, Inc. Number 1 110 W. Cataldo Spokane, WA 99201 Original Agreement Number I.,A591 I(1-ocal Agency Proj. 905 -0016) Phone: 509- 327 -8697 Project Number Execution Date Completion Date STPUL -3 842(002) 4/1/2007 Project Title New Maximum Amount Payable Appleway Avenue Reconstruction $ 250,914.00 Description of Work Right of Way Acquisition services for the Appleway Avenue Reconstruction Project. This Supplemental Agreement expands the previouse scope of services to include right of way acquisition services. The Local Agency of City of Spokane Valley, WA desires to supplement the agreement entered into with David Evans and Associates, Inc. and executed on l IIW005 and identified as Agreement No. LA -5911 11'roj. 05 -0016 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: :[he scope of work is :amended to include the services described in the Scope of Services #2 (Right of Way Acquisition)_ attached hereto 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: The completion date is changed to April I. 2007. III Section V, PAYMENT, shall be amended as follows: The total authorized amount for Supplement 1 i,;',%76-962- 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: Sec Supplemental Sigliat_ ire Page By: See Supplemental Signature Pam Consultant Signature DOT Form 540 -063 EF Revised 9r2005 Approving Authority Signature Date THIS AGREEMENT, made and entered into this r'!- day of between the Local Agency of City of Spokane Valley Washington, hereinafter called the 'AGENCY', and the above organization hereinafter called the 'CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTA By GC� Consultant David Evans and Associates, inc. By Consultant DOT Forth 140.U9 EF Appendix 31,910 Revised GM5 LOCAL AGENCY Agency City of Spokane V lle By Agency WSDOT Local Programs By Agency By Agency C06 -88 Con sultant/Addressfrelephone Supplemental Signature David Evans and Associates, Inc. Page for 110 W. Cataldo Standard Consultant Spokane, WA 99201 Agreement Agreement Number Project Title And Work Description LA5911(Local Agency Proj. # 05 -0016) Appleway Avenue Reconstruction Project. hive -lane principal arterial for 1.25 miles Federal Aid Number STPUL - 3842(002) Local Agency City of Spokane Valley THIS AGREEMENT, made and entered into this r'!- day of between the Local Agency of City of Spokane Valley Washington, hereinafter called the 'AGENCY', and the above organization hereinafter called the 'CONSULTANT". In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTA By GC� Consultant David Evans and Associates, inc. By Consultant DOT Forth 140.U9 EF Appendix 31,910 Revised GM5 LOCAL AGENCY Agency City of Spokane V lle By Agency WSDOT Local Programs By Agency By Agency C06 -88 . , ii /r /ate Appleway Avenue Scope of Services #2 (Right of Way Acquisition) This project involves improvements to Appleway Avenue from Tschi.rley Road to Hodges Road, for a total length of approximately 1.2 miles. The existing four -lane cement concrete roadway will be obliterated and a five -lane asphaltic concrete roadway with curb, sidewak and drainage improvements will be constructed. The signal at Barker Road will be upgraded to current City and WSDOT standards. It is understood that a portion of the project on the east end is located in the City of Liberty Lake; the City will pursue and finalize all agreements and arrangements pertaining to this short section of roadway. DEA will provide bight -of -Way acquisition services as outlined below. All acquisition activities will conform to the most current WSDOT Right-of-Way Manual and WSDOT 'Local Agency Guidelines. 1. PROJECT ADMINISTRATION 1.1 Project Coordination with City DEA's project manager and task managers (survey and real estate) will coordinate with the City project manager on a continual basis for the duration of the project. Means of communication shall include telephone calls, letters, and e- mails; all correspondence between DEA and the City will be documented for the project file. 1.2 Project Invoicing and File Management DEA will prepare monthly project invoices and track the project budget on an ongoing basis. DEA's project manager will also be responsible for maintaining paper and electronic documents throughout the life of the project. 2. RIGHT -OF -WAY ACQUISITION 2.1 Prepare Acquisition Legal Descriptions and Exhibits Using the survey data obtained from the City (as prepared by Adams & Clark), DEA will prepare a legal description for each of the five proposed acquisition parcels identified in the Preliminary Right of Way Plan (see Task 7.2 of the Roadway Design scope). DEA will prepare Acquisition Exhibits showing existing and proposed ROW for each acquisition parcel and each proposed rUght of Entry (ROE) parcel. A letter of project intent will be prepared and sent by certified mail to all property owners with frontage on Appleway Avenue. DEA will field inquiries from the property owners and document the conversations. DEA will order and review the title reports for each proposed acquisition parcel. If necessary, DEA will adjust the property lines for the proposed acquisition parcels (as developed from the retracement survey) in accordance with the legal descriptions that appear in the title reports. For purposes of this scope, it is assumed that no more than three parcels will need to be adjusted. DEA will revise Acquisition Exhibits and legal descriptions as required prior to finalisation of the acquisition documents. It is assumed that DEA will prepare legal descriptions for five parcels, and that no legal descriptions will be required for Right of Entry (ROE) agreements. Appleway Avenue Scope of Work K/dwbo /Appleway Scope.doc Page 9 of 4 All legal descriptions will be prepared under the direct supervision of a Professional Land Surveyor (PLS), licensed in the State of Washington, and will bear the seal and signature of the PLS. 2.2 Right -of -Way Staking Under the supervision of the PLS, DEA will stake the existing and proposed right -of -way for each acquisition parcel. Staking the right -of: -way lines will allow the property owner and appraiser to clearly view the proposed acquisition area. For each parcel, IDEA will take photographs of the staked area to document the layout. Each property owner will receive notice of the staking at least one week prior to performance of the work. The staking will occur immediately prior to the appraisal (Task 2.3). 2.3 Appraisal and Appraisal Review DEA will perform the appraisal activities for up to five (5) parcels for the project. In addition, DEA will select a WSDO "f - approved appraisal reviewer based on qualifications and availability to deliver work products in a timely fashion, create a sub consultant agreement, and obtain appraisal reviews. it is assumed that no specialty reports shall be required. If specialty reports are required, City shall pay report costs invoiced by specialists. \To expert witness fees for trial preparation and testimony are included in this scope. 2.4 Title Clearance Review DEA will review the title policies to detern-iine what interests need to be cleared or accepted, in accordance with WSDOT Local Agency Guidelines 25.06. DFA shall manage title clearance through a title and escrow company. City shall pay title clearance costs invoiced by escrow company. 2.5 Prepare Right -of -Way Acquisition Packets DEA will prepare offeribenefit packets for each acquisition parcel to be acquired. These packets will include: the IRS W -9 form, offer letter, real estate excise tax affidavit, recording cover sheet, deed and/or easement (legal document to be provided by City), Right of Entry Agreement (ROE) (if deemed by the agent to be vital to negotiations), legal description, and other supporting documentation. DEA will present offer/benefit packets to the City for approval. The format and content of the offer /benefit packets will be reviewed and approved by the City before the others are presented to the property owner. 2.6 Acquisition Negotiations Within 10 days of authorization by the City, DEA will present offers and commence negotiations for the acquisitions. DF_.A shall attempt to acquire all identified property within the project limits, through written offers to each owner. To expedite the acquisition process, the DEA real estate negotiator will visit each of the five property owners to conduct face -to -face negotiations. DEA will create and maintain a Summary of Negotiations (diary) for each acquisition, including: Date and place of contacts; Persons present; Offer made (actual dollar amount); Applevmy Avenue Scope of Work K/dwbo✓Apple►vay Scope.doc Page 2 of 4 . t Critical acquisition issues as identified by the property owner; Counteroffer made; Justification for settlement or non - settlement. In the event of an uncooperative property owner, the City will attempt to make an Administrative Settlement in accordance with the WSDOT Administrative Settlement Procedures. If negotiations fail, DEA will recommend condemnation 60 days after initiation of negotiations to assure right of way clearance on schedule. 2.7 Closing DEA will review the finalized acquisition packets for completeness and deliver them to the City for processing. The City will prepare payment checks for each acquisition parcel and mail the checks directly to the property owner. 2.8 Right of Entry Agreements The DEA real estate negotiator will attempt to obtain. a Right of Entry (ROE) Agreement for each parcel on which minor physical construction will occur, but from which right -of -way acquisition is not required. The negotiator will initially attempt to secure the Agreements via phone and mail. The negotiator will make personal contact(s) with the property owners who do not return the approved ROE through phone and mail communication. We anticipate that approximately 60% of the property owners will require personal contact(s). For purposes of this scope, it is assumed that a maximum of 30 (thirty) ROE Agreements Nvill need to be obtained. A maximum of 3 hours per parcel has been budgeted for the effort to obtain ROE Agreements. In the event that an Agreement has not been obtained in this time, DEA will consult with the City to determine if more time is needed or whether no further attempt will be made to secure the Agreement. The Contract Documents will be modified, where possible, to accommodate the absence of any needed ROE Agreements. Any conditions that are attached to the ROE agreements will be incorporated into the Contract Documents, after review and approval by the City. 2.9 Certifications The DEA real estate negotiator will prepare and submit the project right -of -way files to WSDOT for certification, and will attend the WSDOT certification meeting in Spokane. 3. FINAL RIGHT -OF -WAY PLANS 3.1 Prepare Total Ownership Map .DEA will prepare a Total Ownership Map as appropriate to obtain approval by the reviewing agencies. This map will show existing ownerships and proposed acquisition parcels, as well as an ownership table of the affected owners and pertinent acreages. It is anticipated that a preliminary version of this map will be prepared initially in conjunction with the preliminary road design (see Task 7.2 of the Roadway Design scope). As acquisitions go forward, a final version will be produced to reflect final acquisitions. This map will be prepared under the direct supervision of a Professional Land Surveyor, licensed in the State of Washington, and will be signed and sealed by the supervising land surveyor. Apple %,Iay Avenue Scope of Work Wdvvbo/Appleway Scope. doc Page 3 of 4 3.2 Prepare Final Right -of -Way Plans Upon the completion of acquisition negotiations, DEA will prepare a detailed Right -of -Way plan as appropriate to obtain approval by the reviewing agencies. This pl�i will be based on the Right -of -Way Retracement Survey, final engineering design plans developed by DEA in a previous task, and final acquisition legal descriptions. This plan will be prepared under the direct supervision of a Professional Land Surveyor, licensed in the State of Washington, and will be signed and sealed by the supervising land surveyor. ADDITIONAL SERVICES The following additional services will be performed if necessary. A written supplemental agreement will be executed prior to initiating this work. • Acquisition of right -of,.'way from more than five (5) parcels. • Obtaining Right of Entry Agreements from more than thirty (30) parcels. • Acquisition from or coordination with Spokane County on the former railroad right -of -way. ASSUMPTIONS • Three or fewer adjoining parcel. lines will need to be adjusted to be in accordance with the legal description that appears in the title report. • Five or fewer parcel acquisitions will be required. One iteration of the acquisition documents Aill be required for up to five parcels. • City will provide legal decd and/or easement documents with language acceptable to the City for each parcel which requires acquisition. • No legal descriptions for Right of Entry Agreements will be required. • Might -of -way reference monuments will be placed by DEA as described in the Scope of Services for Construction Administration. City will file complaint in condemnation and deposit money in a timely mamier to obtain possession on schedule. AAplewayAvenue Scope of Work K/ctwbolAppfeway Scope. doc Page 4 of 4 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Appleway Avenue Improvements Estimated Fees" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550.