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.