574 Right-of-Way Acquisition Procedures (2)CITY OF YELM
RESOLUTION NO. 574
A RESOLUTION OF THE CITY OF YELM, ESTABLISHING RIGHT-OF—WAY
ACQUISITION PROCEDURES, APPRAISAL WAIVER PROCEDURES AND
DESIGNATING STAFF AUTHORITY LIMITS IN MAKING ADMINISTRATIVE
SETTLEMENT OFFERS
WHEREAS, the City of Yelm, herein referred to as "City", desires to acquire real property
(obtain an interest in, and possession of, real property) in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act and applicable federal
regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100
WAC) hereby adopts the following procedures to implement the above statutes and Washington
Administrative Code, and
WHEREAS, the City desires to replace Resolution No. 402 with updated federal and
state requirements, and
WHEREAS, the City is responsible for the real property acquisition and relocation
activities on projects administered by the City, and
WHEREAS, to fulfill the above requirements the City will acquire Right -of -Way (ROW) in
accordance with the policies set forth in the Washington State Department of Transportation
(WSDOT) ROW Manual M 26-01 and Local Agency Guidelines, and
WHEREAS, the following ROW Acquisition Procedures appoints staff responsible for the
various elements of the ROW process, and
WHEREAS, the City has the following expertise and personnel capabilities to
accomplish these functions, and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Yelm that the
City adopt the following ROW Procedures, Waiver of Appraisal Procedure, and Administrative
Settlement Procedures for the acquisition of real property:
Section 1. Right -of -Way Procedures.
a. WSDOT approves the City LPA -001 Right of Way Procedures. LPA -001 contains the
qualified staff, positions, and resumes. Below is a list of responsible City positions for
which the City has qualified staff to perform the specific ROW function(s) as shown in
the approved LPA -001. The LPA -001 procedures shall be updated whenever staffing
changes occur. The City is approved to acquire based upon staff qualifications.
PROGRAM ADMINISTRATION:
Oversee delivery of the ROW Program on federal aid projects for the agency.
Ensures ROW functions are carried out in compliance with federal and state
laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Ensures approved ROW procedures are current, including staff
qualifications, and provides copies to consultants and agency staff;
• Oversight of ROW consultants;
o use of consultant contract approved by WSDOT (under
construction)
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by
consultants
o Overall responsibility for decisions that are outside the purview of
consultant functions
• Sets Just Compensation prior to offers being made;
• Approves administrative offer summaries per policy;
• Ensures relocation appeal process in place prior to starting relocation
activities;
• Oversight of Administrative Settlements;
• Obligation authority for the City;
• Obtain permits (Non -Uniform Relocation Act (URA));
• Ensures there is a separation of functions to avoid conflicts of interest.
• Verifies whether or not ROW is needed, and that the property rights
and/or interests needed are sufficient to construct, operate and maintain
the proposed projects.
Staff Positions
Public Works Director
Public Works Manager
ii. APPRAISAL
Prepare and deliver appraisals on federal aid projects for the City. Ensures that
appraisals are consistent and in compliance with state and federal laws,
regulations, policies and procedures.
Responsibilities/Expectations:
• Use only qualified staff approved by WSDOT to perform appraisal work;
• Use appraiser from WSDOT's Approved Appraiser List if the City does
not have qualified staff;
• Prepare Project Funding Estimates (PFE) or, when applicable, True Cost
Estimates (TCE);
• Prepare Administrative Offer Summaries (AOS or Appraisal Waiver);
• Obtain specialist reports;
• Coordinate with engineering, program administration, acquisition,
relocation, and/or property management as necessary.
Staff Positions
WSDOT and/or Consultant
iii. APPRAISAL REVIEW:
Review appraisals on federal aid projects for the agency to make sure they are
adequate, reliable, and have reasonable supporting data, and approve appraisal
reports. Ensures appraisals are adequately supported and represent fair market
value and applicable costs to cure and are completed in compliance with state
and federal laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Use only qualified staff approved by WSDOT to perform appraisal review
work;
• Use review appraiser from WSDOT's Approved Appraiser List if the City
does not have qualified staff;
• Ensures project wide consistency in approaches to value, use of market
data and costs to cure;
• Coordinate with engineering, program administration, acquisition,
relocation, and/or property management as necessary.
Staff Positions
WSDOT and/or Consultant
iv. ACQUISITION:
Acquire, through negotiation with property owners, real property or real property
interests (rights) on federal aid projects for the City. Ensures acquisitions are
completed in compliance with federal and state laws, regulations, and policies
and procedures.
Responsibilities/Expectations:
• Use only qualified staff to perform acquisition activities for real property or
real property interests, including donations;
• To avoid a conflict of interest, when the acquisition function prepares an
AOS, only acquires property valued at $10,000 or less;
• Provide and maintain a comprehensive written account of acquisition
activities for each parcel;
• Prepare administrative settlement justification and obtain approval;
• Prepare Project Funding Estimates (PFE) or, when applicable, True Cost
Estimates (TCE);
• Prepare Administrative Offer Summaries (AOS or Appraisal Waiver);
• Review title, and recommend and obtain approval for acceptance of
encumbrances;
• Ensure acquisition documents are consistent with ROW plans, valuation,
and title reports;
• Provide a negotiator disclaimer;
• Coordinate with engineering, program administration, appraisal,
relocation, and/or property management as necessary;
• Maintain a complete, well organized parcel file for each acquisition.
Staff Positions
WSDOT and/or Consultant
V. RELOCATION:
Provide relocation assistance to occupants of property considered displaced by a
federally funded projects for the agency. Ensures relocations are completed in
compliance with federal and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Prepare and obtain approval of relocation plan prior to starting relocation
activities;
• Confirm relocation appeal procedure is in place;
• Provide required notices and advisory services;
• Make calculations and provide recommendations for agency approving
authority prior to making payment;
• Provide and maintain a comprehensive written account of relocation
activities for each parcel;
• Coordinate with engineering, program administration, appraisal,
acquisition, and/or property management as necessary;
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW.
Staff Positions
WSDOT and/or Consultant
vi. PROPERTY MANAGEMENT:
Establish property management policies and procedures that will assure control
and administration of ROW, excess lands, and improvements acquired on federal
aid projects for the City. Ensures property management activities are completed
in compliance with federal and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Account for use of proceeds from the sale/lease of property acquired with
federal funds on other title 23 eligible activities;
• Keep right -of way free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along
interstate;
• Maintain property records;
• Coordinate with engineering, program administration, appraisal,
acquisition, and/or property management as necessary;
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW.
Staff Positions
Public Works Director
Public Works Manager
b. Any functions for which the City does not have qualified staff, the City will contract with
another local agency with approved procedures, an outside contractor, or the WSDOT.
If the City proposes to use outside contractors for any of the above functions, the City
will need to work closely with the WSDOT Local Agency Coordinator (LAC) and Local
Programs to ensure all requirements are met. When the City proposes to have a staff
person approved to negotiate who is not experienced in negotiation for FHWA funded
projects, the LAC must be given a reasonable opportunity to review all offers and
supporting data before they are presented to the property owners.
Section 2. City of Yelm Waiver of Appraisal Procedure.
The City desires to acquire Real Property according to 23 CFR, Part 635, Subpart C and
State directives, and desires to take advantage of the $25,000.00 appraisal waiver
process approved by the Federal Highway Administration (FHWA) for Washington State,
hereby agrees to follow the procedure approved for the WSDOT as follows:
RULES
A. The City may elect to waive the requirement for an appraisal if the acquisition is
simple and the compensation estimate indicated on the Project Funding Estimate
(PFE) is $25,000.00 or less including cost -to cure items. A True Cost Estimate
shall not be used with this procedure.
B. The City must make the property owner(s) aware that an appraisal has not been
completed on the property for offers $10,000 or less.
C. The City must make the property owner(s) aware that an appraisal has not been
completed on the property for offers over $10,000 and up to $25,000, and that an
appraisal will be prepared if requested by the property owner(s).
D. Special care should be taken in the preparation of the waiver. As no
review is mandated, the preparer needs to assure that the compensation is fair
and that all the calculations are correct.
PROCEDURES
A. An Administrative Offer Summary (AOS) is prepared using data from the PFE.
B. The AOS is submitted to the Public Works Director for approval.
C. The City Administrator signs the AOS authorizing a first offer to the property
owner(s).
Section 3. Administrative Settlement Procedures
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, P.L. 91-646, (Uniform Act) requires that the head of a Federal agency shall
make every reasonable effort to acquire expeditiously real property by negotiation.
Negotiation implies an honest effort by the acquiring agency to resolve differences
with property owners. Additionally, the legislative history of the Uniform Act
indicates that offers should not reflect a "take it or leave it position." Negotiations
should recognize the inexact nature of the process by which just compensation is
determined. Further, the law requires an attempt by agencies to expedite the
acquisition of real property by agreements with owners and to avoid litigation and
relieve congestion in the courts.
In addition to the mandates of the Uniform Act, there are significant cost savings
which can be realized through an increased use of administrative and legal
settlements. Cost savings are in the areas of salaries, witness fees, travel, per diem,
court costs, etc.
ADMINISTRATIVE ADJUSTMENTS
The City shall make a concerted effort to settle all claims on the basis of the
approved appraisal. The City should normally avoid administrative adjustments to
approved appraisals in the beginning stages of a project because this will hinder
negotiation on other claims on the project.
Administrative Settlement Documentation
Any administrative settlement which exceeds the fair market value must be
documented, thoroughly justified, and the rationale set forth in writing in
order to be eligible for federal aid funds.
In order to properly document the decision to proceed to an administrative
settlement, it is always appropriate to document the recommendation with
information supporting a determination that it is reasonable, prudent, and in the
public interest. With proper documentation, the approving official will not have to
spend his time further justifying the recommendation.
Documentation items for justification:
• All appraisals, including the owner's, if appropriate. Caution: if an appraisal
issue becomes apparent, the an appraisal unit or review appraiser should be
consulted: For example, where two acceptable agency appraisals were
obtained, and the offer was based on the lower appraisal, consideration
should be given to settling up to the supported part of the higher appraisal if
an honest difference of opinion exists.
• The approved offer of just compensation.
• Recent court awards, showing the average percentage increase over the
Fair Market Value (FMV) for cases that went to trial.
• The negotiator's record of the actual negotiations.
• Valuation problems including the probable range of testimony as to FMV by
both sides should the case go to court trial.
• The estimate of trial costs in conjunction with other information developed.
• The opinion of legal counsel, as appropriate.
The Project Parcel Negotiation Diary shall contain rationale, justification, and
documentation for the Settlement Offer.
The authority granted to City officials to provide Administrative Settlement Offers is
as follows:
A. Acquisition Negotiator — Public Works Director or Public Works Manager
A counter offer of Just Compensation plus and Administrative Settlement up
to 20% of the Just Compensation, or $5,000, whichever is less.
B. Public Works Director
A counter offer of Just Compensation plus and Administrative Settlement
up to 30% of the Just Compensation, or $10,000, whichever is less.
C. City Administrator
A counter offer of Just Compensation plus and Administrative Settlement
up to 50% of the Just Compensation, or $15,000, whichever is less.
D. City of Yelm Council Members
A counter offer of Just Compensation plus and Administrative Settlement
exceeding 50% of the Just Compensation, or a counter offer of Just
Compensation plus and Administrative Settlement of $15,000, or greater.
2. All projects shall be available for review by the FHWA and WSDOT at any time and all
project documents shall be retained and available for inspection during the plan
development, ROW and construction stages, and for a three year period following
acceptance of the projects by WSDOT.
3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the
AGENCY is found to no longer have qualified staff or is found to be in non-compliance with
the regulations. The rescission may be applied to all or part of the functions approved.
APPROVED this Oday of A*U .2017
J Foster, Mayor
ATTEST:
L -tori Mossman, City'Clerk
Physical Address: 901 Rhoton Road SE
Mailing Address: 105 Yelm Ave West
Yelm, WA 98597
(360,) 458-8406 Fax: (360) 458-8417
Web: www.ci.yelm.wa.us
Right of Way Procedures
The City of Yelm hereinafter referred to as "AGENCY", desiring to acquire real property (obtain an interest in,
and possession of, real property) in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and
state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to implement the above statutes
and Washington Administrative Code. The AGENCY is responsible for the real property acquisition and
relocation activities on projects administered by the AGENCY. To fulfill the above requirements the AGENCY
will acquire right-of-way (ROW) in accordance with the policies set forth in the Right of Way Manual M 26-01
and Local Agency Guidelines. The AGENCY has the following expertise and personnel capabilities to accomplish
these functions:
The following relate to the AGENCY's request.
a. Below is a list of responsible AGENCY individual names and positions, for which the AGENCY has
qualified staff to perform the specific right-of-way function(s). Attached are resumes for each
individual AGENCY staff listed to perform those functions below, and a brief summary of their
qualifications pertaining to the specific ROW function(s) for which they are listed. The procedures
shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based
upon staff qualifications.
i. PROGRAM ADMINISTRATION:
Oversee delivery of the R/W Program on federal aid projects for the agency. Ensures R/W
functions are carried out in compliance with federal and state laws, regulations, policies and
- procedures.
Responsibilities/Expectations:
• Ensures agency's approved R/W Procedures are current, including staff qualifications, and
provides copies to consultants and agency staff;
• Oversight of ROW consultants;
o use of consultant contract approved by WSDOT (under construction)
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by consultants
o Overall responsibility for decisions that are outside the purview of consultant functions
• Sets Just Compensation prior to offers being made;
• Approves administrative offer summaries per policy;
• Ensure agency has a relocation appeal process in place prior to starting relocation activities;
• Oversight of Administrative Settlements;
LPA -001 Right of Way Procedures Pagel of 4
Revised 1012016
• Obligation authority for their agency;
• Obtain permits (Non -Uniform Relocation Act (URA));
• Ensures there is a separation of functions to avoid conflicts of interest.
• Verifies whether or not ROW is needed, and that the property rights and/or interests needed
are sufficient to construct, operate and maintain the proposed projects (see Appendix 25.176).
Chad Bedlington, Public Works Director
Maryanne Zukowski, PE, Public Works Manager
Attached Resumes of Qualifications
APPRAISAL
Prepare and deliver appraisals on federal aid projects for the agency. Ensures that appraisals
are consistent and in compliance with state and federal laws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal work;
• Use appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff;
• Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE);
• Prepare Administrative Offer Summaries (AOS or Appraisal Waiver);
• Obtain specialist reports;
• Coordinate with engineering, program administration, acquisition, relocation, and/or property
management as necessary.
WSDOT and/or Consultant
iii. APPRAISAL REVIEW:
Review appraisals on federal aid projects for the agency to make sure they are adequate,
reliable, and have reasonable supporting data, and approve appraisal reports. Ensures
appraisals are adequately supported and represent fair market value and applicable costs to
cure and are completed in compliance with state and federal laws, regulations, policies and
procedures.
Responsibilities/Expectations:
• Use only qualified agency staff approved by WSDOT to perform appraisal review work;
• Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified
staff;
• Ensures project wide consistency in approaches to value, use of market data and costs to cure;
• Coordinate with engineering, program administration, acquisition, relocation, and/or property
management as necessary.
WSDOT and/or Consultant
iv. ACQUISITION:
Acquire, through negotiation with property owners, real property or real property interests
(rights) on federal aid projects for the agency. Ensures acquisitions are completed in
compliance with federal and state laws, regulations, and policies and procedures.
LPA -001 Right of Way Procedures Page 2 of 4
Revised 1012016
Responsibilities/Expectations:
• Use only qualified staff to perform acquisition activities for real property or real property
interests, including donations;
• To avoid a conflict of interest, when the acquisition function prepares an AOS, only acquires
property valued at $10,000 or less;
• Provide and maintain a comprehensive written account of acquisition activities for each parcel;
• Prepare administrative settlement justification and obtain approval;
• Prepare Project Funding Estimates (PFE) or, when applicable, True Cost Estimates (TCE);
• Prepare Administrative Offer Summaries (AOS or Appraisal Waiver);
• Review title, and recommend and obtain approval for acceptance of encumbrances;
• Ensure acquisition documents are consistent with ROW plans; valuation, and title reports;
• Provide a negotiator disclaimer;
• Coordinate with engineering, program administration, appraisal, relocation, and/or property
management as necessary;
• Maintain a complete, well organized parcel file for each acquisition.
WSDOT and/or Consultant
V. RELOCATION:
Provide relocation assistance to occupants of property considered displaced by a federally
funded projects for the agency. Ensures relocations are completed in compliance with federal
and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Prepare and obtain approval of relocation plan prior to starting relocation activities;
• Confirm relocation appeal procedure is in place;
• Provide required notices and advisory services;
• Make calculations and provide recommendations for agency approving authority prior to
making payment;
• Provide and maintain a comprehensive written account of relocation activities for each parcel;
• Coordinate with engineering, program administration, appraisal, acquisition, and/or property
management as necessary;
• Maintain a complete, well organized parcel file for each displacement;
• Ensure occupants and personal property is removed from the ROW.
WSDOT and/or Consultant
vi. PROPERTY MANAGEMENT:
Establish property management policies and procedures that will assure control and
administration of ROW, excess lands, and improvements acquired on federal aid projects for
the agency. Ensures property management activities are completed in compliance with
federal and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Account for use of proceeds from the sale/lease of property acquired with federal funds on
other title 23 eligible activities;
• Keep R/W free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along interstate;
• Maintain property records;
LPA -001 Right of Way Procedures Page 3 of 4
Revised 1012016
Coordinate with engineering, program administration, appraisal, acquisition, and/or property
management as necessary;
Maintain a complete, well organized parcel file for each displacement;
Ensure occupants and personal property is removed from the ROW.
Chad Bedlington, Public Works Director
Maryanne Zukowski, PE Public Works Manager
b. Any functions for which the AGENCY does not have qualified staff, the Agency will contract with
another local agency with approved procedures, an outside contractor, or the Washington State
Department of Transportation (WSDOT). An AGENCY that proposes to use outside contractors for
any of the above functions will need to work closely with the WSDOT Local Agency Coordinator (LAC)
and Local Programs to ensure all requirements are met. When the AGENCY proposes to have a staff
person approved to negotiate who is not experienced in negotiation for FHWA funded projects, the
LAC must be given a reasonable opportunity to review all offers and supporting data before they are
presented to the property owners.
c. Attached is a copy of the Agencies Waiver of Appraisal Waiver Procedure (aka Administrative Offer
Summary or AOS) procedure on properties valued up to $25,000 or less. The procedure outlined in
LAG manual has already been approved using form LPA -003.
d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving
authority(s) and the procedure involved in making administrative settlements.
2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents
shall be retained and available for inspection during the plan development, right-of-way and
construction stages, and for a three year period following acceptance of the projects by WSDOT.
3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the AGENCY is found to
no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission
may be applied to all or part of the functions approved.
_JJ 1�", �_�
Mayor or C ai man Date
Washington State Department of Transportation
Approved By:
Local Programs Right of Way Manager Date
LPA -001 Right of Way Procedures Page 4 of 4
Revised 10/2016
WAIVER OF APPRAISAL PROCEDURE
The City of Yelm, hereinafter
referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part
635, Subpart C and State directives, and desiring to take advantage of the $25,000.00
appraisal waiver process approved by the Federal Highway Administration (FHWA) for
Washington State, hereby agrees to follow the procedure approved for the Washington
State Department of Transportation (WSDOT) as follows:
Rules
A. The AGENCY may elect to waive the requirement for an appraisal if the
acquisition is simple and the compensation estimate indicated on the
Project Funding Estimate (PFE) is $25,000.00 or less including cost -to
cure items. A True Cost Estimate shall not be used with this procedure.
B. The AGENCY must make the property owner(s) aware that an appraisal
has not been completed on the property for offers $10,000 or less.
C. The AGENCY must make the property owner(s) aware that an appraisal
has not been completed on the property for offers over $10,000 and up to
$25,000, and that an appraisal will be prepared if requested by the
property owner(s).
D. Special care should be taken in the preparation of the waiver. As no
review is mandated, the preparer needs to assure that the compensation is
fair and that all the calculations are correct.
Procedures
A. An Administrative Offer Summary (AOS) is prepared using data from the
PFE.
AGENT
B. The AOS is submitted to the Public Works Director for approval.
C. The City Administrator signs the AOS authorizing a first
offer to the property owner(s).
Evoi-� 91y"D
Local Programs Right of Way
Manager
11Page1
ADMINISTRATIVE SETTLEMENT PROCEDURE
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, P.L. 91-646, (Uniform Act) requires that the head of a Federal agency shall
make every reasonable effort to acquire expeditiously real property by negotiation.
Negotiation implies an honest effort by the acquiring agency to resolve differences
with property owners. Additionally, the legislative history of the Uniform Act
indicates that offers should not reflect a "take it or leave it position." Negotiations
should recognize the inexact nature of the process by which just compensation is
determined. Further, the law requires an attempt by agencies to expedite the
acquisition of real property by agreements with owners and to avoid litigation and
relieve congestion in the courts.
In addition to the mandates of the Uniform Act, there are significant cost savings
which can be realized through an increased use of administrative and legal
settlements. Cost savings are in the areas of salaries, witness fees, travel, per diem,
court costs, etc.
INISTRATIVE ADJUSTMENTS
The City shall make a concerted effort to settle all claims on the basis of the
approved appraisal. The City should normally avoid administrative adjustments to
approved appraisals in the beginning stages of a project because this will hinder
negotiation on other claims on the project.
Administrative Settlement Documentation
Any administrative settlement which exceeds the fair market value must be
documented, thoroughly justified, and the rationale set forth in writing in
order to be eligible for federal aid funds.
In order to properly document the decision to proceed to an administrative
settlement, it is always appropriate to document the recommendation with
information supporting a determination that it is reasonable, prudent, and in the
public interest. With proper documentation, the approving official will not have to
spend his time further justifying the recommendation.
Documentation items for justification:
• All appraisals, including the owner's, if appropriate. Caution: if an appraisal
issue becomes apparent, the an appraisal unit or review appraiser should be
consulted. For example, where two acceptable agency appraisals were
obtained, and the offer was based on the lower appraisal, consideration
should be given to settling up to the supported part of the higher appraisal if
an honest difference of opinion exists.
• The approved offer of just compensation.
• Recent court awards, showing the average percentage increase over the
Fair Market Value (FMV) for cases that went to trial.
• The negotiator's record of the actual negotiations.
• Valuation problems including the probable range of testimony as to FMV by
both sides should the case go to court trial.
• The estimate of trial costs in conjunction with other information developed.
• The opinion of legal counsel, as appropriate.
I I P a g e 2
ADMINISTRATIVE SETTLEMENT PROCEDURE
The Project Parcel Negotiation Diary shall contain rationale, justification, and
documentation for the Settlement Offer.
The authority granted to City officials to provide Administrative Settlement Offers is
as follows:
A. Acquisition Negotiator — Public Works Director or Public Works Manager
Manager.
A counter offer of Just Compensation plus and Administrative Settlement up to
20% of the Just Compensation, or $5,000, whichever is less.
B. Public Works Director
A counter offer of Just Compensation plus and Administrative Settlement
up to 30% of the Just Compensation, or $10,000, whichever is less.
C. City Administrator
A counter offer of Just Compensation plus and Administrative Settlement
up to 50% of the Just Compensation, or $15,000, whichever is less.
D. City of Yelm Council Members
A counter offer of Just Compensation plus and Administrative Settlement
exceeding 50% of the Just Compensation, or a counter offer of Just
Compensation plus and Administrative Settlement of $15,000, or greater.
2 1 P a g e 2
RELEVANT TRAINING CLASSES
• Plans, Specifications, and Estimates WSDOT
• Design Approval Documentation
• NEPA/SEPA
• STIP
PROJECT EXPERIENCE
• Easements
• Temporary Construction Easements
• Permits
• Rights of Entries
EXPERIENCE
• PROGRAM ADMINISTRATION
• ACQUISITION
• PROPERTY MANAGEMENT
PROJECTS
J4 Sunnyland Neighborhood sewer lateral rehabilitation
- 90% PS&E, Environmental, Permitting, and Rights of Entry
4, Central Business District Streetscape and Stormwater Enhancements
- 60% PS&E, Environmental, Permitting, Temporary construction
easements, rights of entries, acquisition, and ROW Certification
RELEVANT TRAINING CLASSES
• Quarterly Highways & Local Programs Training for Local Agencies
PROJECT EXPERIENCE
• Easements
• Temporary Construction Easements
• Permits
• Rights of Entries
• Federal Trust Lands Management
EXPERIENCE
• PROGRAM ADMINISTRATION
• ACQUISITION
• PROPERTY MANAGEMENT
PROJECTS
4 Sewer Treatment Plant New Construction:
- Environmental Review/Engineering/Construction
Management/land acquisition/property management
44 Public Safety Fiber Optic Construction:
- Environmental/Engineering/Construction Management/Rights of
Entry/Acquisition
RELEVANT TRAINING CLASSES
• Quarterly Highways & Local Programs Training for Local Agencies
• ROW: 2014 Local Agency ROW Meeting
PROJECT EXPERIENCE
• Easements
• Temporary Construction Easements
• Permits
• Rights of Entries
EXPERIENCE
• PROGRAM ADMINISTRATION
• APPRAISAL REVIEW
• ACQUISITION
• PROPERTY MANAGEMENT
PROJECTS
• Washington Street Pedestrian Enhancements:
o Environmental/Preliminary Engineering/ROW Acquisition
• Church Road Improvements:
o Environmental/Right of Way (ROW)/Construction Oversight.
• Thornton Road BNSF Overpass:
o Preliminary Engineering/Transportation Planning/ ROW Acquisition/ Rights of Entry
RELEVANT TRAINING CLASSES
• Plans, Specifications, and Estimates WSDOT
• Design Approval Documentation
• Right of Way Certification WSDOT
• NEPA/SEPA
PROJECT EXPERIENCE
• Easements
• Temporary Construction Easements
• Permits
• Rights of Entries
• Eminent Domain
EXPERIENCE
• PROGRAM ADMINISTRATION
• APPRAISAL
• APPRAISAL REVIEW
• ACQUISITION
• PROPERTY MANAGEMENT
PROJECTS
4- WSDOT SR 525 Modifications, Alderwood Mall/Unicorporated Snohomish
County and the City of Everett
90% PS&E, Environmental, Permitting, and ROW Certification
WSDOT 164th Interchange Modifications, Stage Two -15 164th to SR 526
HOV Lanes
- 100% PS&E, Environmental, Permitting and ROW Certification
RELEVANT TRAINING CLASSES
• Quarterly Highways & Local Programs Training for Local
Agencies
• STIP
PROJECT EXPERIENCE
Easements
• Temporary Construction Easements
Permits
• Rights of Entries
Eminent Domain
PROGRAM ADMINISTRATION
APPRAISAL
APPRAISAL REVIEW
ACQUISITION
PROPERTY MANAGEMENT
PROJECTS
41, Edmonds Multimodal Station (Edmond Crossing) and Interim Sounder Rail
Station:
EIS/Preliminary Engineering/Final Engineering/Right of Way
(ROW) SR104 Relocation
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RELEVANT TRAINING CLASSES
• Quarterly Highways & Local Programs Training for Local Agencies
• ROW: 2003 Local Agency ROW Meeting
PROJECT EXPERIENCE
• Easements
• Temporary Construction Easements
• Permits
• Rights of Entries
• Eminent Domain
EXPERIENCE
• PROGRAM ADMINISTRATION
• APPRAISAL
• APPRAISAL REVIEW
• ACQUISITION
• PROPERTY MANAGEMENT
PROJECTS
,!L City of Mountlake Terrace S 220 Street New Sidewalks and Safety Improvements Environmental/Preliminary
Engineering/Final Engineering/Right of way (ROW)/Construction.
4 City of Mountlake Terrace S 220 St @ 1-5 Additional Turn lanes and signal improvements (ITS & TSP) for
Environmental/Preliminary Engineering/Final Engineering/Right of Way (ROW)/Construction.
RELEVANT TRAINING CLASSES
• Quarterly Highways & Local Programs Training for Local Agencies
• LAG Training Conference 1/9/2008 01437CN
• Access Management and Its Benefits 3/7/2007 01334CN
PROJECT EXPERIENCE
• Easements
• Temporary Construction Easements
• Permits
• Rights of Entries
• Eminent Domain
EXPERIENCE
• PROGRAM ADMINISTRATION
• APPRAISAL
• APPRAISAL REVIEW
• ACQUISITION
• RELOCATION
• PROPERTY MANAGEMENT
PROJECTS
City Center Access Study Phase 1
- (47 to 3 alternatives)
- Transportation IJR Feasibility Study (Alternative Analysis) City Center Access; Interchange
Modification, New Bridge, five arterial street improvements, two new arterials
4 City Center Access Project Phase 2
- City Center Access S 312`h St and S324th St; Interchange Modification, New Bridge, five arterial
street improvements, two new arterials.
- NEPA Environmental Assessment (EA) 21 Discipline Reports/Interchange Justification Report (IJR)
/30% Preliminary Engineering (PE), Preliminary R/W Activities (full take 6 Parcels
S 32_ St @ 20th Ave S Intersection Improvements
Preliminary Design and Preliminary RM
4- 215` Ave SW @ SW 336`h St Intersections Improvements
- Preliminary Design and Preliminary R/W
4� 21st Avenue SW and SW 336th St Intersection
- Preliminary Design and Preliminary RNV
4k South 356th Street: Pacific Highway South (SR -99) Intersection
- Preliminary Design and Preliminary RAN
Lakota Middle School Safe Routes to School
- Preliminary Design and Preliminary RNV
4- Pacific Highway S. HOV Lanes Phase I
- Peer reviewer PS&E, traffic and right of way
Ai Pacific Highway S. HOV Lanes Phase 2
- Peer reviewer PS&E, traffic and right of way
46 Pacific Highway S. HOV Lanes Phase 3
- Peer reviewer PS&E, traffic and right of way
Direct Federal Oversight of (26) State DOT, Local Agency, and Territory ARRA Projects @ $125M:
• Consultant Selection Procedures
• Design and Design Build Program
• NEPA Approval
• Right of Way Certification
• Construction Documentation
• Construction Inspection and Administration
• Project Close Out
-16 Project list is available if requested'
PROJECT EXPERIENCE
• Temporary Construction Easements
• Permits
• Rights of Entries
• PROGRAM ADMINISTRATION
• APPRAISAL
• ACQUISITION
• PROPERTY MANAGEMENT
PROJECTS
4, Beaconsfield on the Sound (Open Space— Piano Key (13) Parcel Acquisitions of feeder bluff land
for Salmon Restoration). Project included full take parcels.