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HomeMy WebLinkAboutAdden 2 CAG-18-114, Adden #2-19 Washington State �1 Department of Transportation Supplemental Agreement Organization and Address Number 2 Universal Field Services,Inc. Original Agreement Number 111 Main Street,Suite#105 Edmonds,WA 98020 CAG-18-114 Phone: (425)673-5559 Project Number Execution Date Completion Date t12908 09/20/2018 12/31/2023 Project Title New Maximum Amount Payable Wells Avenue S and Williams Avenue S Conversion $55,976+$29,583= $85,559 Description of Work In support of the Houser Way Complete Streets project,Supplement#2 will provide turn-key Right of Way Acquisition Services to include: Real Property Valuation(Appraisal,Appraisal Review,AOS worksheets)and Acquisition Negotiation Services through ROW Certification with WSDOT. Supplemental Agreement#2 increases the number of affected tax parcels and real property rights to be acquired by a quantity of 4,in support of the Houser Way Complete Streets project. The Local Agency of City of Renton desires to supplement the agreement entered in to with Universal Field Services.Inc. and executed on 09/20/2018 and identified as Agreement No. CAG-18-114 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: The Scope of Work of the Original Agreement is supplemented and/or replaced with the attached Exhibit A. I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Remains unchanged- 12/31/2023 III Section V, PAYMENT, shall be amended as follows: See attached Exhibits A,D,E-1 and E-2. 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. Mitch Legel, VP / NW Region By: 61(s 11mmeX ram..) 4-t4,_lf jAte / � n Itant Signature Ap oving Authonty Signature 417/ 11 Date DOT Form 140-063 Revised 09/2005 Exhibit "A" Summary of Payments Basic Supplement#1 Total Agreement Direct Salary Cost Overhead (Including Payroll Additives) Direct Non-Salary Costs Fixed Fee Total See Attached Exhibit D DOT Form 140-063 Revised 09/2005 April 9,2019 UNIVERSAL EXHIBIT A Scope of Work-Right of Way Acquisition Services Houser Way Complete Streets It is understood there are no federal funds participating in this project. However, the City desires to preserve its eligibility for future federal funding opportunities. Therefore, Universal Field Services (UFS)will complete all Right of Way Acquisition activities, to the greatest extent practical, according to the City's current WSDOT approved Right of Way Acquisition policies and procedures, WSDOT's Local Agency Guidelines -Section 25, and the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act(URA). This scope of work and related fee estimate is further based on the following items and assumptions. a) Discussions with City& KPG staff. b) Review of limited public on-line ownership information. c) Right of Way Plan not available. d) There are no residential/business occupants or personal property displaced by the project. e) Other than the Post Office parcel, property owners will not request an Appraisal. f) City will use its right of eminent domain to acquire real property, as a last resort. The affected tax parcels and the real property rights to be acquired from each are shown in Table A below. Additional parcels or real property rights required other than those shown in said table will require an amendment to this revised scope of work and related fee estimate. Right of Way Acquisition Tasks: A. Title / Ownership Review— It is assumed the City or its design team (KPG) will provide title reports for all impacted properties. If requested, UFS will order title reports and or any updates and title supplements. Upon receipt of title reports, UFS staff will conduct initial reviews of each report to assess future complications at closing and potential conflicts from utility encumbrances, etc., that may pose obstacles or delays to the acquisition closing process. A Parcel Title Summary Memo will be prepared for each title report received (up to 4 each) listing encumbrances and exceptions with recommendations to the City on how to resolve each. In lieu of title reports, a "Last Deed of Conveyance" is usually sufficient to confirm the correct parties of ownership for those parcels requiring only Temporary Construction Easements. Deliverable: • Prepare up to four(4) Parcel Title Summary Memo's B. Preparation and Administration -UFS will attend a kick off meeting with City staff and its design consultant (KPG) to obtain further project background and available contact information for the property owners, along with any additional information that will assist in the right of way acquisition process. UFS will also attend up to three (3) progress meetings and provide up to six(6) monthly progress and tracking reports when invoicing. If requested, UFS will provide sample templates for all acquisition documents to the City for review. The City's acquisitions documents will be used if made available. All forms and notices will comply with City's standards and in accordance with statutory requirements. UFS will maintain acquisition records in accordance with statutory, regulatory and policy requirements. We anticipate legal descriptions for all the real property rights to be acquired will be provided by the City. Note: Legal descriptions are not required for Temporary Construction Easements if the City chooses not to record the document with King County. 1 of 5 April 9,2019 UFS staff will prepare parcel files for negotiations to include fair offer letters, recording and ancillary documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Deliverables: • Attend Project Kickoff Meeting—City office • Attend three (3) Progress Meetings—City office • Provide six(6) Monthly Progress Tracking Reports • Coordinate City approval of Acquisition forms for project use C. Project Funding Estimate — Upon Notice to Proceed from the City, UFS will subcontract and manage completion of the Project Funding Estimate (PFE) through our state licensed and WSDOT approved appraiser. The PFE will be prepared in accordance with the City's approved Right of Way Acquisition procedures, and WSDOT's Local Agency Guidelines — Section 25 (Right of Way Procedures). The four (4) tax parcels shown in Table A below will be included in the PFE. Generally, the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated amount of just compensation to property owners is at or below the City's approved Appraisal Waiver limit of$25,000 and when the acquisition is uncomplicated. UFS will coordinate submittal of the completed PFE to WSDOT for review. As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using comparable sales data determined by the appraiser and information obtained from Right of Way plans. All PFE parcel worksheets will be combined into a project summary worksheet for review by the City. For those parcels that qualify for the Appraisal Waiver process, the individual parcel worksheets described above will be converted to Administrative Offer Summary (AOS) worksheets in-lieu of Appraisals. Offers to property owners that are based on AOS worksheets are considered Administrative offers. Deliverables: • Project Funding Estimate to include eight(8)separate tax parcels D. Relocation Plan — It is assumed there are no residential occupants, business occupants, or personal property displaced by the project. Therefore, relocation assistance and advisory services are not required or included in the scope of work. If later it is determined relocation services are needed, UFS will coordinate with the City and prepare a Relocation Plan with the intent to comply with the City's WSDOT approved Right of Way Acquisition procedures. Relocation Assistance and advisory services will require an amendment to this scope of work and related fee estimate. Deliverable: N/A—For informational purposes only E. Appraisal / Appraisal Review / AOS Worksheets — Upon completion of the PFE, results will be discussed with the City in consideration of the appraisal waiver limits to determine which parcels may require Appraisals, Appraisal Reviews or Administrative Offer Summary (AOS worksheets. With the City's written authorization, UFS will subcontract and manage the real property valuation process with WSDOT approved and state licensed Appraisers. The Appraisal report and AOS worksheets will be prepared in accordance with the Uniform Standards of Professional Appraisal Practices, Washington State Department of Transportation (WSDOT) Local Agency Guidelines, and current WSDOT Right of Way Manual. Following are the assumed valuation types for the real property rights to be acquired under this scope of work. • Complete one(1)Appraisal and one (1)Appraisal Review for the Post Office parcel—See Table A. 2 of 5 April 9,2019 Note: Administrative Offers—AOS worksheets in lieu-of Appraisals are considered Administrative offers. For those AOS offers up to $10,000 or less, property owners will be informed the offer is not based on an Appraisal. For offers exceeding $10,000 and less than $25,000, property owners will be informed if the offer is not based on an Appraisal and that one will be prepared if requested. If the property owner elects, an appraisal report together with a corresponding appraisal review report must be completed and a revised offer considered. This requirement may have an impact on the approved right of way budget and project schedule. UFS staff to attend the appraisal inspection to ensure the property owner understands the real property rights being appraised; to ascertain what is personal property and real property, and to help build the trust and rapport needed to assist in reaching amicable agreements. Property valuations to exclude specialty studies including: hazardous materials research and testing, septic system modification/replacement, demolition costs, estimating(ESA Phase 1, 2, or 3), parking modification estimates,equipment appraisals, etc. Completed Appraisal, Appraisal Review and AOS worksheets will be submitted to the City for written approval establishing the amounts of Just Compensation to be offered each property owner. Deliverables: • Up to three (3)Administrative Offer Summary(AOS)worksheets • One (1)Appraisal • One (1)Appraisal Review • Attend one(1)Appraisal Inspection F. Present Offers/ Negotiations—Upon receipt of written approval from the City establishing the amounts of just compensation, UFS staff will prepare each offer package and promptly present offers to purchase all the required real property interests from those property owners shown in Table A below and negotiate in good faith to reach a settlement with each. Negotiations will be conducted in accordance with statutory and regulatory requirements and will include: Coordinate administrative settlement approvals with the City; Negotiate as necessary with lien holders, assisting escrow in the closing process; Prepare and maintain parcel files to include: fair offer letters; acquisition documents; a standard diary form indicating all contacts with owner(s); and other items necessary for negotiations. Offers will be presented in person when at all possible. Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with each owner and/or their representative through direct personal contacts. Out-of-area owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse, UFS shall provide the City with written notification and submit the acquisition file to the City's legal staff for mediation or filing of the condemnation process. As an alternative and subject to City approval, UFS will attempt to secure: design modifications to accommodate property owner concerns; Administrative Settlements; or Voluntary Possession and Use Agreements allowing the project to move forward on schedule while allowing the property owner additional time to negotiate. The filing and cost of condemnation proceedings shall be the responsibility of the City. Deliverables: • Acquisition Negotiation services with owners of the four (4) separate tax parcels as shown in Table A below. 3 of 5 April 9,2019 G. Relocation — It is assumed there are no residential occupants, business occupants, or personal property displaced by the project. Therefore, relocation assistance and advisory services are not required or included in the scope of work. If later it is determined relocation services are needed, UFS will coordinate with the City and provide Relocation Assistance and Advisory services with the intent to comply with the City's WSDOT approved Right of Way Acquisition procedures. Relocation Assistance and Advisory services if needed will require an amendment to this scope of work and related fee estimate. Deliverable: N/A—For informational purposes only H. Parcel Closing / Escrow — UFS will provide advisory assistance to the City in determining the most appropriate method of closing each transaction. Subject to the City's title clearing policy and based upon assessment of risk, the closing of a parcel file may be completed in-house rather than through a title / escrow firm. Prior to sending a settled acquisition file to the City for payment and closing, Universal will request an update on each title report, if any, from the designated Title Company to ensure title has not changed and new encumbrances have not been recorded. Once City approval is received for payment and closing, the documents will be forwarded to Title/Escrow for closing and recording with King County. If required, UFS will work with the Title/Escrow Company in order to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the City in order to provide clear title to the real property rights acquired. Deliverable: • Four(4) completed original parcel acquisition files. I. Right-of-Way Certification — Since there are no federal funds in any phase of the project, Right of Way certification through WSDOT is not required. However, to the greatest extent practical, all acquisition files will be prepared and completed to the satisfaction of a WSDOT right of way file review. Deliverable: N/A—For informational purposes only 4 of 5 April 9,2019 E ai c O c n 3 CC f6 U i V a >` ~ O 7 t No. Tax Parcel No. Owner in E a) a; N v n o Z a N W H V W d N a 1 7231501770 United States Post Office X X AR 2 7231502330 AKA Investments LLC X AOS 3 7231501720 SED Real Estate LLC X AOS 4 7231501750 Seariky,Tim X AOS Notes: 1) AOS(Administrative Offer Summary)worksheet. AR(Appraisal&Appraisal Review) City will provide the following: 1. Preliminary Commitments (Title Reports) for the parcels shown in Table A above. If requested, UFS will order title reports or any updates. The title company will bill the City directly for each report. For those parcels requiring Temporary Construction Easements only, last deeds of conveyance in-lieu of title reports may be sufficient. 2. Approve designation of the escrow company, if any, used for this project. The escrow company will bill the City directly for all escrow services provided. 3. Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. 4. Legal descriptions in electronic format for all real property rights to be acquired. Legal descriptions are not required for Temporary Construction Easements if not recorded. 5. Form approval, in electronic format, of all legal conveyance documents prior to use (i.e. offer letters, purchase and sale agreements, escrow instructions, easements,deeds, leases and permits). 6. Review and approval of all determinations of value estimated by the project appraisers and provide written authorization prior to offers being made to property owners. 7. Payment of all compensation payments to property owners, recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. 8. Contact information for each property owner, if available. 5 of 5 April 12, 2019 EXHIBIT D Universal Field Services, Inc. City of Renton Houser Way Complete Streets Right of Way Services-Fee Estimate DIRECT SALARY COSTS(DSC) Personnel Hours Rate Cost 1 ROW Oversight 13.0 X $59.00 $ 767 2 Project Manager 36.0 X $50.00 = $ 1,800 3 Senior Acquisition Specialist 164.0 X $44.00 = $ 7,216 4 Title/Escrow Specialist 27.5 X $32.00 = $ 880 5 Sr Administrative Specialist 23.0 X $28.00 = $ 644 Total Hours 263.5 Subtotal Direct Salary Costs(DSC)= $ 11,307 Overhead(OH) 58.48% $ 6,612 Fixed Fee(FF) 30% $ 3,392 TOTAL DSC= $ 21,311 DIRECT NONSALARY COSTS(DNSC) Mileage 1700 miles @ $ 0.580 $ 986 Miscellaneous Expenses(see note 4 below) $ 350 TOTAL(DNSC)_ $ 1,336 SUBCONSULTANTS Project Funding Estimate (includes 4 separate tax parcels) $ 3,200 AOS worksheets (4 each-included with PFE cost) $ - Appraisals 1 each $ 2,700 Appraisal Reviews 1 each $ 900 2%Admin(B&O Taxes,etc.) $ 136 TOTAL SUBCONSULTANT FEES= $ 6,936 TOTAL ESTIMATE AMOUNT= $ 29,583 Notes: 1.) Universal reserves the right to re-negotiate estimate total if Notice to Proceed not provided within 180 days from the date of this estimate. 2.) Mileage to be billed at$0.580 per mile or the approved IRS rate at the time mileage is incurred. 3.) See Table A in the Scope of Work for list of parcels impacted. 4.) Reimbursable miscellaneous expenses including but not limited to: mapping, photos, postage, parking, printing, ferry fees, etc., at cost-no markup. 5.) This fee estimate is based on Universal's Scope of Work dated April 9, 2019. 1 of 2 k \ .± Cl) \ 000000 \ 0000000000 = sr 7 . mnr ,— n E 111111 To . 111 '- oor (Noa000 12 \ . \ \ \\ :� = rr = na = o / o � _ @\' � � r icii R » mn0000 - » oo .- = ma0Q c "` m22 % # 2 $ \ @ \&3. kkkkHIII1I CO jt . 0 @ $ (#- ) §/# Sava L. (-,-, a) 7 [z � //{ \ ■ k eJu � k2) I ƒ= - c 2 Gy7Q °f § o @ ~ x CLa0 = D — Ekk 2wr® k2E cew E k Ch �0)u . \\ \ \7 ) � CD a I % U � ƒ — �� \ & 7e \ ¥ kƒ < a ^ w P. CU 2 O O J '6 k U I \ co § j \ 5 ■ - \ k 0 0 - I } k \ _m 0 { C - 7 0 m / / | k /\ 0 ) faCL / ) \\ > ® fcc - 4a 7 = y - \ \>\ \ z - co co co co \ k wwww / . . zz CD2 � a � � (N & < ���•4�� ��"�" Exhibit E-1 April 11, 2019 Mitch Legel, SR/WA Vice-President Universal Field Services, Inc. 111 Main Street, Suite 105 Edmonds, WA 98020 e-mail: mlegel@ufsrw.com RE: City of Renton Hauser Way Complete Streets Dear Mr. Legel: Per our recent correspondence, our firm can supply you with appraisal services concerning the above mentioned right-of-way project. This proposal is based on assessor's parcel exhibits and right of way plans that you have provided. As part of this project it is my understanding that a project funding estimate will be required. This estimate acts as a budgetary tool, and is used to roughly estimate the costs of the project for such items as compensation to property owners, negotiation, and relocation where needed, possible court costs, and appraisal costs (including reviews). If the estimate indicates a compensation of$25,000 or less for an individual parcel and/or the appraisal problem is not complicated, an Administrative Offer Summary sheet would be used instead of an appraisal, for negotiation purposes. The format of the appraisals will follow USPAP requirements and WSDOT guidelines. Table A within Exhibit A, dated April 9, 2019, identifies the individual parcels and the property rights to be acquired. The parcels will be impacted by a partial fee simple acquisition and/or temporary construction easements. The fee to complete a project funding estimate is $800 per parcel, for a total potential fee of$3,200. 6419 Lakewood Drive West Tacoma, Washington 98467 p 253 564 3230 f 253 564 3143 The project funding estimate requires the appraiser to obtain comparable data appropriate for determining the compensation to be offered to a property owner. Because of the timeliness of comparable data used and the fluctuations in market value over time, the above quoted fees are only relevant if the Administrative Offer Summaries and potential appraisals are completed within six months of the completion of the project funding estimate. Additional fees may be warranted if the Administrative Offer Summaries and appraisals are completed after the six month time frame. Parcel 1, under the ownership of the United States Post Office, is identified as potentially requiring appraisal services. The fee to complete the appraisal is $2,700, assuming the appraisal problem is not complicated. The time frame to complete the project funding estimate is forty-five days from the date of engagement, assuming that all of the information necessary to complete the assignment is available in a timely manner. It is noted that these fees do not include any other experts that may be needed in the appraisal process. An example would be "cost to cure" items if needed (design, engineering, sign relocation, etc.) as the result of the acquisition. The above fees also do not include any additional work outside of the appraisal process, including conference meetings and/or the preparation for potential condemnation. Work completed outside of the appraisal process will be billed separately at$275 per hour. Sincerely, Barbro A. Hines, MAI, SRA Exhibit E-2 R . F . DUNCAN & ASSOCIATES INC . APPRAISERS & CONSULTANTS IN REAL ESTATE April 11, 2019 Mr. Mitch Legal, SR/WA, Vice President Universal Field Services, Inc. 111 Main St. Suite 105 Edmonds, WA 98020 RE: City of Renton; Houser Way S. Improvements (1 appraisal review). Dear Mr. Legal: My proposal to provide review appraisal services for one parcel on the above referenced project is a fee of$900. I will deliver the reviews within one week of receiving the appraisal. The fee proposal is based on my usual charge of$150 per hour, and it includes all of my charges, costs, taxes, and expenses. My deliverable will be a Review Certificate(DV)which I will personally write and sign. Please be advised that I am on the WSDOT List of Approved Appraisers and Review Appraisers. Thank you for the opportunity of submitting this proposal for this important project. Please contact me if you have any questions. Sincerely, ' r ( Richard F. Duncan, MAI RF Duncan and Associates, Inc. TELEPHONE (360) 951-8258 • FAX (360) 867-1059 P.O. Box 12300• OLYMPIA, WASHINGTON 98508