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Home My WebLink AboutAdden 06jlI Washington State Department of Transportation S u pplementa I Agreement Organization and Address Number 6 KPG,P.S. 3131 Elliott Ave.,Suite 400 Original Agreement Number Seattle,WA 98121 CAG-15-089 Phone:(253)627-0720 Project Number Execution Date Completion Date TED4003813 10/23/2015 12/31/2021 Project Title New Maximum Amount Payable Rainier Ave South -Phase 4 (S 3rd St to NW 3rd P1)$3,173,539 Description of Work Provide Right of Way acquisition services for Rainier Ave S -S 3rd Street to NE 3rd Place.KPG will subcontract with Epic Land Solutions to provide these services. The Local Agency of City of Renton desires to supplement the agreement entered in to with KPG.P.S. and executed on 10/23/20 15 and identified as Agreement No.AG-l5-089 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: Please see attached Exhibit 7,scope of work II Section IV,TIME FOR BEGINNING AND COMPLETION,is amended to change the number of calendar days for completion of the work to read:No change -Completion date remains 12/31/2021 ________________________________ III Section V1 PAYMENT,shall be amended as follows: This supplement adds $219,072 to the contract.Please see Exhibit D for specific breakdown. 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 Jason Fritzler -KPG.P.S.By:. consiJ11rsignature Approving Authority Signature Date DOT Form 140-063n.....:..A nnflnnc 4-20-2020 CAG-15-089, Adden #6-20 Mayor Armondo Pavone EXHIBIT 7 MODIFIES EXHIBIT A OF THE ORIGINAL AGREEMENT AND EXHIBIT 6 OF SUPPLEMENT 5 SCOPE OF WORK SUPPLEMENT 6 AGENCY: CITY OF RENTON CONSULTANT: KPG, P.S. CONTRACT: CAG-15-089 PROJECT: RAINIER AVE S - S 3" St to NW 3rd PI A. PROJECT DESCRIPTION The City of Renton is planning to continue infrastructure improvements to the Rainier Ave S corridor with a new Phase 4. The approximate project limits of the new phase are between S 3rd St and NW 3rd PI. Similar to Phase 3, this new phase includes infrastructure improvements for enhanced transit mobility, traffic safety and pedestrian safety. Construction of Rainier Avenue S - Phase 4 will be divided into two phases due to limited available construction funding. Phase 4A (S 3rd St to S Tobin St) will be constructed first and followed by Phase 413 (S Tobin St to NW 3rd PI) once funding becomes available. Design and right of way acquisition services will be performed over the entire project length. The goals of Phase 4 are to enhance traffic flow, improve safety, eliminate sub -standard conditions and provide an enhanced pedestrian environment. B. PURPOSE The City of Renton (AGENCY) is requesting that KPG, P.S. (CONSULTANT) begin Right of Way (ROW) acquisition services for Rainier Ave S —S 3rd Street to NE 3rd Place Project (PROJECT). The CONSULTANT will subcontract with Epic Land Solutions to provide these services. The CONSULTANT will utilize approved contract Tasks 24 and 27 to manage and provide ROW support to Epic Land Solutions respectively. This supplemental agreement includes the following ROW efforts: 1. Title Report Updates, Examination, Clearance, and Pre -Closing 3. Property Rights Acquisition/Negotiations 4. Eminent Domain/Condemnation Support 5. WSDOT Right of Way Certification Consultation E. TASK ASSUMPTIONS 1. Assumes 20 client meetings, monthly status report preparation, and related tasks. 2. Assumes 34 tax parcels with 28 unique owners are impacted. 3. Assumes multiple one on one meeting with each property owner. 4. Assumes Client will provide Right of Way document templates or Epic will provide WSDOT templates for the AGENCY's review and approval. City of Renton Page 1 of 4 KPG Rainier Ave S — S 3rd St to NW 3rd PI Supplement 6 31412020 5. Assumes 18 partial fee acquisitions, no full acquisitions or relocations. 6. Assumes 27 Temporary Construction Easement acquisitions. 7. Assumes 22 Permanent Utility Easement acquisitions. 8. Assumes approximately 5 complex/difficult acquisitions that could lead to Condemnation. 9. Condemnation preparation will be charged in addition to the Not to Exceed hourly rates above. Court/Arbitration hearing preparation and/or testimony is two times the hourly rates provided above. 10. Assumes eminent domain support will include impasse letters, and copies, owner files and diaries sent to the attorney. Deposition, court testimony and expert witness fees are additional, to be compensated on a time and materials basis. 11. Assumes no Phase I or Phase II Site Assessments are required. 12. Assumes project has no delays and that scope can be completed within 9 months from NTP. 13. Deposition, court testimony and expert witness fees are additional, to be compensated on a time and materials basis. 14. Litigation guaranties are not included but can be provided for an additional fee. 15. Legal descriptions of right of way area, plat maps, project plans, and right-of-way maps will be provided by City of Renton or KPG at the Notice -to -Proceed. 16. Epic will request updated title reports for all 28 parcels. Cost of updated title reports will be billed directly to the AGENCY as a Direct Cost. 17. Epic will conduct a detailed analysis of the title. Tasks related to title clearance may result in additional scope/fees. 18. Agency ROW Procedures and Right of Way Plan will be approved by WSDOT before discussions with the property owners will commence. 19. Assumes Project Funding Estimate has already been approved by WSDOT. 20. Property owners will have the opportunity to have property appraised and to received Just Compensation per the Federal Uniform Act. 21. All activities will comply with WSDOT LAG Manual and Right of Way Manual. 22. Signed conveyance documents will be delivered to the AGENCY to process payment and recording. Epic can provide escrow, payment and recording oversight at additional cost. 23. Hourly Billing Rates will be per WSDOT approved rate table. 24. Assumes the AGENCY will receive signed documents and will process closings, payments and recordings if necessary. 25. Assumes complete acquisition files will be provided to the AGENCY for approval and forwarding to WSDOT Local Agency Coordinator for certification. 26. Completed acquisition files will be delivered to the AGENCY for retention. 27. Expected term of the project is 9 Months. F. DELIVERABLES All task deliverables are included in in the tasks outlined in the Scope. City of Renton Page 2 of 4 Rainier Ave S — S 3.d St to NW 3'd PI Supplement 6 KPG 31412020 G. SCOPE TASK 34 — ROW ACQUISITION SERVICES Epic understands that the AGENCY is anticipating real estate services and right of way acquisition tasks are required to complete the Rainier Avenue S Corridor Improvements project. There are 27 Temporary Construction Easements, 21 permanent easements, and 18 fee acquisitions required for the 28 properties impacted by this project. The following scope and fee proposal have been prepared with the assumption that WSDOT Certification will be required. 34.1 ROW Services Project Management Epic will interface with the AGENCY and its partners to manage the scope of the real estate services necessary for this transportation project. Epic will prepare and maintain a detailed project schedule and provide periodic progress reports to the AGENCY. We will ensure the right of way process has been followed in accordance with all AGENCY, Washington State Department of Transportation ("WSDOT") and federal policies and regulations. Project management services includes meetings, right of way project guidance, file maintenance, status reports, file close out, and budget tracking/analysis. 34.2 Title Examination, Clearance, and Pre -Closing Epic will order title report updates, review title reports for the affected parcels and provide Title Review Memos identifying all potential encumbrances to project team members. Epic will assist in clearing the necessary encumbrances prior to closing, if feasible. Epic will facilitate recording and payment as part of the pre -closing process. 34.3 Property Rights Acquisition/Negotiations Epic will provide real estate acquisition and negotiation services for the 28 parcels impacted by this project. There are 27 Temporary Construction Easements, 21 permanent easements, and 18 fee acquisitions impacted by this project. Epic will assist the AGENCY in developing all right-of-way documents and offer letters in accordance with the AGENCY's right-of-way procedures for the acquisition of impacted properties. Epic will draft the acquisition documents using AGENCY -approved forms or quality control of any forms that are created directly by AGENCY staff for pre -acquisition review, before any offers are made to property owners. Epic agents will act in good faith always and will never coerce owners in an attempt to settle the parcel. All negotiations will start with an in -person presentation of all offers when feasible. We will identify property owner issues, concerns and differences early on and document that information in the individual parcel negotiation diary. Epic will work with AGENCY staff throughout the negotiation process with the property owner until settlement is reached. 34.4 Eminent Domain Support While it is Epic's ultimate goal to negotiate a fair settlement between the Client and the property owner, sometimes it is necessary to resolve valuation or design differences in City of Renton Page 3 of 4 KPG Rainier Ave S — S 31 St to NW 3rd PI Supplement 6 31412020 court. If negotiations are unsuccessful, agents will prepare summary memos outlining efforts made and the reason(s) for impasse. Epic will send an impasse letter to the property owner(s) and begin eminent domain tasks, including preparation of litigation briefings, recommendations and court testimony as needed. Each contact will be documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process. It is estimated that 5 parcels may need these services. 34.5 WSDOT Right of Way Certification Consultation Epic will Q4/QC all project files to make sure all acquisition files meet state/federal laws and regulations, as well as being compliant with WSDOT's Right of Way Manual and Local Agency Guidelines Manual. Epic will work within the agency's Approved Right of Way Procedures to assure compliance and will work closely with the AGENCY and WSDOT's Local Agency Coordinator to make sure the federal process is followed. City of Renton Page 4 of 4 KPG Rainier Ave S — S 3rd St to NW 3rd PI Supplement 6 31412020 ! §e �'� •)� r[ �)� - f( � !! k\ o ! � Mp L'U £.2 � @ : � !!> `!- !%» 22\ C // 4) § § a. § z § _ _ - \k� ! - @ r - R , § § k� 2)� #£f$\( ) S \«§ %\»�22= §J« $WW ; co � LLI !2 ° 2 i/ k Epic Land Solutions, Inc. KPG-City of Renton -Rainier Ave Project 2/13/2020 'Title Advisory Manager Asst Project Mgr/Sr Right of Way Agent Right of Way Agent Finance and Project Controls Name Dianna Nausley Nicole Bissett Jay St. Michell Abigail Lopez Direct Direct Rate $60 $36.06 $26.44 $42.40 Fringe 0.0000 0.0000 0.0000 0.0000 OH 112.4652 62.4884 45.8179 73.4750 G&A 0.0000 0.0000 0.0000 0.0000 Profit 16.2250 9.0150 6.6100 10.6000 WSDOT Hourly Rates IThis is a formula cell, do not enter data) $ 193.59 $ 107.56 $ 78.87 $ 126.47 Right of Way Services: Total Hours Total per Task 1. Project Management (Meetings, File maintenance, File close-out, Status reports, etc.) & Certification Consultation, Open Houses - Budget 200 20 220 $41,248 $41,248 2. Title Review, Clearing, Pre -Closing 39 78 117 $10,347 $10,347 3. Acquisition & Negotiations (Assumes 28 Property Owners - 27 TCEs, 22 Permanent Easements, and 18 fee acquisitions) 64 550 650 1264 $122,814 $122,814 4. Eminent Domain/Condemnation Support - Estimated 5 parcels to go to Condemnation 50 125 175 $23,125 $23,125 5. WSDOT Right of Way Certification Consultation/Support 10 40 50 $6,238 $6,238 0 $0 $0 324 �754 728 20 1826 $203,772 $203,772 'TOTAL $62,723 $81,104 $57,416 $2,529 Rounded using accounting format Other Direct Costs ,Mileage $4,000 Postage/Overnight Packages $2,000 On-line Data services $900 Updated Title Reports 28 reports @ $300.00 each $8,400 'TOTAL ODC's $15,300 'TOTAL ROW SERVICES $219,072 ,Assumptions: Assumes 20 client meetings, monthly status report preparation, and related tasks. Assumes 34 tax parcels with 28 unique owners are impacted. Assumes Client will provide Right of Way document templates. Epic can provide for an additional fee. Assumes legal descriptions and plat maps will be provided by others. Assumes eminent domain support will include impasse letters, and copies , owner files and diaries sent to the attCrrley. Additional eminent domain services can be provided for additional fee. Assumes 18 partial fee acquisitions, no full acquisitions or relocations. Assumes 27 Temporary Construction Easement acquisitions. Assumes 22 Permanent Utility Easement acquisitions. Assumes approximate) 5 complex/difficult acquisitions that could lead to Condemnation. Assumes no Phase I or Phase II Site Assessments are required. Assumes Croject has no delays and that scope can be completed within 9 months from NTP. Deposition, court testimony and expert witness fees are additional, to be com ensated on a time and materials basis. Hourly Billing Rates will be per WSDOT approved rate table. Litigation Auaranties are not included but can be provided for an additional fee. Updated Title Reports will be ordered by Epic and billed to client as a direct cost. Assumes the City will receive signed documents and will process closings, payments and recordings if necessary. MWashington State . Admik Department of Transportation August 30, 2019 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 115 Torrance, CA 90505 Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY:1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2018 ICR — Audit Office Review Dear Cheryl Sinclair: Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your firm's FYE 2018 Indirect Cost Rate (ICR) of 173.29% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email con su lta n trates('w.wsdo t.wa. gov. Regards; Jonson, Erik Aug 30 2019 5:15 PM cosign ERIK K. JONSON Contract Services Manager EKJ:ah Acceptance ICR Audit Office Review