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AG 99-059 - WASHINGTON STATE RETURN TO: PW ADMIN EXT: 2700 ID#: 4165 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS/Engineering 2. ORIGINATING STAFF PERSON: JohnMuIkey EXT: 2722 3. DATE REQ.BY: 11/4/22 3. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE q I _ 069 [3 RESOLUTION [3 CONTRACT AMENDMENT(AG#): I ❑ INTERLOCAL m OTHER WSDOT - Right of Way Procedures S,Q VervLn-Y 2 4. PROJECT NAME:WSDOT - Right of Way Procedures 5. NAME OF CONTRACTOR: WSDOT - NW Local Programs ___ ADDRESS: PO Box 33�}310 Seattle, WA 98133 TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: David NarVaeZ TITLE: 6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE © ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/! UBI# ,EXP. / /- 7. TERM: COMMENCEMENT DATE: Upon Execution COMPLETION DATE:.Update as required 8. TOTAL COMPENSATION:$O (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: O YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED In PURCHASING: PLEASE CHARGE TO: N/A 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED d PROJECT MANAGER JRM-10/2812022 Digitally signed by Chdslkm ntlen 6 DIVISION MANAGER Dale:2022.11.0113:22:01-W...X1 6 DEPUTY DIRECTOR DSW 1111/22 6 DIRECTOR --- ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING -Y1(1Gi11 X SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC,D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT SIGNATOR (MAYOR R DIRECTOR) �^ 6 CITY CLERK ❑ ASSIGNED AG# AG# ❑ SIGNED COPY RETURNED DATE SENT: rY,l1- COMMENTS: EXECUTE" "ORIGINALS 1/2020 Right of Way Procedures The City of Federal Way, needing to acquire real property (obtain an interest in and/or possession of) 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 adhere to all applicable laws, statutes, and regulations. The Agency is responsible for the real property acquisition and relocation activities on projects administered by the Agency and must acquire right of way(ROW) in accordance with the policies set forth in the Washington State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG). Below is a list of Agency staff, by names and position titles,that are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provides a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. 1. The Agency has the staff with the knowledge and experience to accomplish the following ROW Disciplines: i. 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 Agency's 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 o management of ROW contracts o management of ROW files o reviews and approves actions and decisions recommended by staff& consultants o Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation prior to offers being made; • Oversight and approval of Administrative Offer Summaries (AOS) per policy; • Oversight and approval of Administrative Settlements per policy; • Ensure Agency has a relocation appeal process in place prior to starting relocation activities; • 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 ROW is needed, and that the property rights and/or interests needed are sufficient to construct, operate and maintain the proposed projects (see LAG Appendix 25.174, 25.175, & 25.176). CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR E.J. wdghl P.1 LPA-001 Rev 4/2022 Note: Staff included under Program Administration must have completed the eLearning Administrative Settlement and No ROW Verification training available at http://www.wsdot.wa.gov/LocalProL)raiiis!R.OW Services/Traini ii^diwi ii. 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 Consultant List if Agency does not have qualified staff; • Prepare ROW Funding Estimate (not required to be completed by an appraiser&only when there are federal funds in the ROW Phase); • Prepare AOS; • Obtain specialist reports; • Coordinate with engineering,program administration, acquisition,relocation, and/or property management as necessary. CONTRACT WITH A QUALIFIED CONSULTANT APPRAISAL REVIEW: Review appraisals on federal aid projects for the Agency to make sure they are adequate, reliable,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 Consultant 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. CONTRACT WITH A QUALIFIED 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,policies, and procedures. LPA-001 Rev.4/2022 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 AOS justification and obtain approval; • Prepare Administrative Settlement and obtain approval; • Prepare Right of Way Funding Estimate (when there are federal funds in the ROW Phase); • 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; ■ Maintain a complete, well organized parcel file for each acquisition; • Coordinate with engineering,program administration, appraisal,relocation, and/or property management as necessary. CONTRACT WITH A QUALIFIED CONSULTANT CITY OF FEDERAL WAY, PUBLIC WORKS DIRECTOR E.J Walsh, P.E. CITY OF FEDERAL WAY, DEPUTY PUBLIC WORKS DIRECTOR Desiree Winkler, P.E. CITY OF FEDERAL WAY, ENGINEERING MANAGER Christine Mullen, P.E., CITY OF FEDERAL WAY, SENIOR ENGINEER John Mulkey, P.E. Kent Smith, P.E. Omar Barron, P.E. CITY OF FEDERAL WAY, ENGINEER John Cole Jeff Huynh CITY OF FEDERAL WAY, ASSISTANT CITY ATTORNEY Kent Van Alstyne Note: Staff included under Acquisition must have completed the eLearning Administrative Settlement training available at 911tr./.1�.�tiv .v�sclot.wa.ado%ik)caIII s!R0WSei-%i r,,iini1g.I= :PA-001 Rev.4/2022 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; • Maintain a complete, well organized parcel file for each displacement; • Ensure occupants and personal property is removed from the ROW; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary. CONTRACT WITH A QUALIFIED 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 ROW free of encroachments; • Obtain WSDOT/FHWA approval for change in access control along interstate; • Maintain property records; • Ensure occupants and personal property is removed from the ROW; • Maintain a complete, well organized property management file; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management as necessary. CITY OF FEDERAL WAY PUBLIC WORDS DIRECTOR E.J. Walsh, P.E. b. Any functions for which the Agency does not have qualified staff, the Agency will contract with another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency that proposes to use qualified consultants for any of the above functions will need to work closely with LPA-001 Rev 4/2022 their ROW Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. When the Agency proposes to have staff approved to negotiate who have limited experience in negotiation for FHWA funded projects, the LAC must be given an opportunity to review all offers and supporting data prior to offers being made to the property owners. c. The Agency's Administrative Settlement Procedures indicating the approval authorities and the procedures involved in making administrative settlement needs to be included with these procedures (see Exhibit A). d. An Agency wishing to take advantage of the AOS process,properties valued up to $25,000 or less, need to complete Exhibit B of these procedures. 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, construction stages, and for a three-year period following acceptance of the projects by WSDOT. 3. Approval of the Agency's procedures by WSDOT Local Programs 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. II �". im Ferrel ,Mayor Date r4 Washington State Department of Transportation Approved By: Michelle Digitally signed by Michelle Newlean Newlean Date:2022.11.28 09:50:39-08'00' Local Programs Right of Way Manager Date LPA-00I Rev_4/2022 their ROW Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. When the Agency proposes to have staff approved to negotiate who have limited experience in negotiation for FHWA funded projects, the LAC must be given an opportunity to review all offers and supporting data prior to offers being made to the property owners. c. The Agency's Administrative Settlement Procedures indicating the approval authorities and the procedures involved in making administrative settlement needs to be included with these procedures (see Exhibit A). d. An Agency wishing to take advantage of the AOS process, properties valued up to $25,000 or less, need to complete Exhibit B of these procedures. 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, construction stages, and for a three-year period following acceptance of the projects by WSDOT. 3, Approval of the Agency's procedures by WSDOT Local Programs 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. im F"eifre Mayor Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Rev.4/2022 EXHIBIT A Agency's Administrative Settlement Policy CITY OF FEDERAL WAY SETTLEMENT POLICY ADMINISTRATIVE SETTLEMENT Often it is necessary for the City of Federal Way to acquire additional property and right-of-way for road and public works projects. Either a Project Funding Estimate or an Appraisal and Appraisal Review are performed to establish the fair market value of proposed real property acquisitions. Upon City Council approval, the Public Works Director will establish the amount of just compensation by signing as Acquiring Agency Concurrence and Authorization on the Certificate of Review Appraiser. In no event shall such amount be less than the fair market value of such property. The CITY shall make every reasonable effort to expeditiously acquire the real property by negotiation. Negotiation implies an honest effort by the CITY to resolve differences with property owners. Negotiations should recognize the inexact nature of the process by just compensation is determined. The CITY desires to expedite the acquisition of real property by agreement with property owners and to avoid litigation and relieve congestion in the courts. An Administrative Settlement becomes necessary when the property owner has declined the CITY's offer of just compensation. The purchase price may exceed the amount offered as just compensation when reasonable efforts to negotiate on that amount have failed and the City Council approves such administrative settlement as being reasonable, prudent, and in the public interest. The following defines the limits and authorization for any administrative settlement paid in addition to just compensation for real property and right-of-way acquisitions for the City of Federal Way Public Works projects: 1. For administrative settlements up to 10%more than the appraised value,the staff listed in EXHIBIT B are authorized by City Council to offer administrative settlements. The final settlement will be approved by City Council in an Executive Session prior to execution. 2. For administrative settlements greater than 10% more than the appraised value, the Public Works Director will meet with the City Council in Executive Session for approval of an increased administrative settlement. Following Council approval, the staff listed in EXHIBIT B are authorized to offer the increased administrative settlement. The final settlement will be approved by City Council in an Executive Session prior to execution. LPA-001 Rev.4/2022 EXHIBIT A Agency's Administrative Settlement Policy CITY OF FEDERAL WAY SETTLEMENT POLICY ADMINISTRATIVE SETTLEMENT Often it is necessary for the City of Federal Way to acquire additional property and right-of-way for road and public works projects. Either a Project Funding Estimate or an Appraisal and Appraisal Review are performed to establish the fair market value of proposed real property acquisitions. Upon City Council approval, the Public Works Director will establish the amount of just compensation by signing as Acquiring Agency Concurrence and Authorization on the Certificate of Review Appraiser: In no event shall such amount be less than the fair market value of such property. The CITY shall make every reasonable effort to expeditiously acquire the real property by negotiation. Negotiation implies an honest effort by the CITY to resolve differences with property owners. Negotiations should recognize the inexact nature of the process by just compensation is determined. The CITY desires to expedite the acquisition of real property by agreement with property owners and to avoid litigation and relieve congestion in the courts. An Administrative Settlement becomes necessary when the property owner has declined the CITY's offer of just compensation. The purchase price may exceed the amount offered as just compensation when reasonable efforts to negotiate on that amount have failed and the City Council approves such administrative settlement as being reasonable, prudent, and in the public interest. The following defines the limits and authorization for any administrative settlement paid in addition to just compensation for real property and right-of-way acquisitions for the City of Federal Way Public Works projects: 1. For administrative settlements up to 10% more than the appraised value,the staff listed in EXHIBIT Bare authorized by City Council to offer administrative settlements. The final settlement will be approved by City Council in an Executive Session prior to execution. 2. For administrative settlements greater than 10% more than the appraised value, the Public Works Director will meet with the City Council in Executive Session for approval of an increased administrative settlement. Following Council approval, the staff listed in EXHIBIT B are authorized to offer the increased administrative settlement. The final settlement will be approved by City Council in an Executive Session prior to execution. LPA-001 — Rev.4/2022 LEGAL SETTLEMENTS If negotiations have failed and ad administrative settlement is not appropriate or is not successful, the Public Works Director may recommend to the City Council that a condemnation action is the only remaining solution. If the City'Council agrees with the recommendation,they will request the City of Federal Way Attorney's Office commence a condemnation action pursuant to applicable laws. g'" - -- -dim ells Bate Washington State Department of Transportation Approved By: Digitally signed by Michelle Michelle Newlean Newlean Date:2022.11.28 09:50:55-08'00' Local Programs Right of Way Manager Date LPA-001 Rev.4/2022 LEGAL SETTLEMENTS If negotiations have failed and ad administrative settlement is not appropriate or is not successful, the Public Works Director may recommend to the City Council that a condemnation action is the only remaining solution. If the City'Council agrees with the recommendation, they will request the City of Federal Way Attorney's Office commence a condemnation action pursuant to applicable laws. _ //It . .lisp r G11. rVf-s4'or Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Rev.4/2022 EXHIBIT B Waiver of Appraisal Agency's Administrative Offer Summary (AOS) The 01),of F►:deraJ )A'ay, hereinafter(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 ROW Funding Estimate is $25,000.00 or less including cast-to cure items. A True Cost Estimate shall not be used with this procedure. $25,000.00 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 AOS 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 AOS is prepared using comparable sales found at the time of preparation. B. The AOS is approved by the Agency staff listed under Program Administration within these Right of Way Procedures. Upon signature a first offer to the property owner(s) is authorized. a — /1 -', ��- J` errell.Mayor Date Washington State Department of Transportation Approved By: Michelle Di,i`ally signed by Michelle Newlean L�at•r 1022.11.28 Newlean0. , 10-081001 Local Programs Right of Way Manager Date LPA-001 — — Rev.4/2022 EXHIBIT B Waiver of Appraisal Agency's Administrative Offer Summary (AOS) The , , hereinafter(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 ROW Funding Estimate is $25,000.00 or less including cost-to cure items. A True Cost Estimate shall not be used with this procedure. $25,000 00 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 AOS 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 AOS is prepared using comparable sales found at the time of preparation. B. The AOS is approved by the Agency staff listed under Program Administration within these Right of Way Procedures. Upon signature a first offer to the property owner(s) is authorized. J' ermIL Mayor Date Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Rev 4/2022 EXHIBIT C CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS STAFF QUALIFICATIONS RESUMES EJ Walsh, P.E. Education: B.S., Civil Engineering (2004) Experience: Broad experience and background in the Public Works management field including: general administration, project management and administration, design and construction engineering,contract document preparation,bidding, cost analysis and controls, engineering and construction contract administration. Over 15 years of experience with right-of-way acquisition and eminent domain, permanent and construction easementsforfederal,state,and locally funded capital improvement program projects. Desiree S. Winkler, P.E. Education: M.S., Civil Engineering (1994) B.S., Civil Engineering (1992) Experience: Broad experience and background in the Public Works management field including: general administration; project management and administration, grant application and management; design and construction engineering; contract document preparation; bidding; cost analysis and control; engineering and construction contract administration. Over 20 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City streets and utility capital improvements. Christine Mullen, P.E. Education: B.S., Civil Engineering (1997) Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 9 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. K:IADMINSI^Files in ReviewW165-ROW Procedures-WSDOT-NW Local Programs13.DRAFT-EXHIBIT CROW RESUMES.doc Page 1 John Mulkey, P.E. Education: B.S., Civil Engineering, 1995 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 15 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. Kent Smith, P.E. Education: B.S., Civil Engineering, 2012 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 5 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. Omar Barron, P.E. Education: B.S., Civil Engineering 2010 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 8 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of entire properties, portions of property, easements and temporary easements for federal,state,and locally funded City capital improvements for street and utility projects. K:IADMINSI"Files in ReviewW 165-ROW Procedures-WSDOT-NW Local Programs13.DRAFT-EXHIBIT CROW RESUMES.doc Page 2 John Cole Education: M.S., Civil Engineering (2019) B.S., Civil Engineering (2018) Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 3 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City, capital improvements for street and utility projects. Jeff Huynh Education: B.S., Civil Engineering (1999) Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 15 years of experience with right-of-way acquisition through eminent domain and ROW acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. Kent van Alstyne Education: B.A., Anthropology, 2012 J.D., 2015 Experience: Broad experience and background in the legal field associated with Public Works projects and related issues; including contract review, contract document preparation, and construction contract administration. Over 1 year of experience with right-of-way acquisition through eminent domain of entire properties, portions of properties, easements, and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. K:IADMINSI^Files in ReviewW 165-ROW Procedures-WSDOT-NW Local Programs13.DRAFT-EXHIBIT CROW RESUMES.doc Page 3 EXHIBIT D Right of Way Training Certifications �. �.. � ,a � aiY!;:sn, __ -,... .'Ir'. ,.�_.11i.. ., •� .,. .a. anffio- " � � G ..:�!. .,. Li,�,`-..,..�..-._.,".�a 'Oepnrtrrxni bI TrsnllpUflstlorr A Aft PP i ' DOT Local Progranns This is to certify that EJ Walsh From City of Federal Way .' Has successfully completed Administrative Settlement Documentation M �* Michelle Newlean Awarded:September 12,2022 p Right of Way Manager C of .uuw�r � ^•�Y{ WAwCsirgt4c19Ratr� WSDOT Locad Program t.rya This is to certify that Desiree Winkler r�l From r . City of Federal Way Has successfully completed , p� Administrative Settlement Documentation Michelle Newlean Awarded:September 9,2022 f Right of Way Manager "► g¢�" �„ r rrar a� �.•v. � ��a� � u aye � �r W �n � a" '-t s. �r,^'� fi a�" �L�.ti A ��r J ygy.i 'k� �- ✓"f t h"" r�:rw � 1 `�" '.^ �r "�. k w.l� d "1 '" w1 " 4-. � wxanrrgsa+s�mae XN4 W!"3", D OT Local Programs w� This is to certify that Christine Mullen x From i; of Federal Wa City Y Has successfully completed Administrative Settlement Documentation T^ 'r Michelle Newlean Awarded:September 9,2022 ° Right of Way Manager ` 010 `"•. �� ww�hw�prc�Sewn x' .�� '�/� rinparA.mnnl ai TM�s.Faarutlnn �h. n . .fix k ` tWSDOT Local Programs := This is to certify that R 7•'! John Mulkey _ j From :- , City of Federal Way A Has successfully completed Administrative Settlement Documentation rY t Michelle Newlean Awarded:August 25,2022 � -' Right of Way Manager a '�. � .. .- w' "�" � 'N � 7 ka r•� : ap' H ;h11F r '�R'-� �d �� WMlri�+gtan Sreta C:► Amok Wl,'� D ' Loca � Programs This is to certify that Kent Smith P.E. From . : City of Federal Wayu Has successfully completed Administrative Settlement Documentation 4* Michelle Newlean Awarded:October 10,2022 Right of Way Manager L y r r _ I FHWA I W DOT Sponsored Training Certificate of Completion b i i Congratulations Omar Barron! You have passed the WSDOT Administrative Settlement course on January 28, 2022 Michelle Newlean, WSDOT Local Programs ROW Manager Presenter Name and.Title US.De-parfrr-ent of Transportation �► Federal Highway Administration vo WSDOT �� Fl 0 ..!�.. wn,.hw�gfan State .� `f� �vsrf.nro�wnx n,I Trcw.spvrt:nt�r.. x Wza3DOT Loca � Programs au. This is to certify that ;a John Cole From { City of Federal Way Public Works Has successfully completed - I t. Administrative Settlement Documentation =-M. " Michelle Newlean.� Awarded:September 1,2022 ° Right of Way Manager { yyr 4 YmA � sNawhNVton Swea ar ,, •t,•' WSDOT Local Programs This is to certify that Jeff C Huynh r- From City of Federal Way ' Has successfully completed _.. Administrative Settlement Documentation Michelle Newlean Awarded:September 13,2022 Wit, Right of Way Manager . " lirw�--SwWw-&N� ��r ...W-� y-. ,. ti e sae�..w d•� .. .m .Aq �. .,4i,�. -�i' :J'iT'��-,��.i. 4 .: im .yam � *FFlf m rn AOIL 4 Py ,k wzw rJQ�'Tif� 1l 81'�"�aAt(![M4l!)i.Hi1':l F.w W,"� DOT LocM Programs �.. »1 This is to certify that Kent van Alstyne ' From ! 1 Cityof Federal Way Y Has successfully completed Administrative Settlement Documentation { y Michelle Newlean Awarded:October 7,2022 t Right of Way Manager a' 4� m r _sip... .!„r,�,gc—,T .;� ..xr. .w.�� ,` w.R �. 'fir•.�. _ i �� A/,,� DupilrimmM of Tranwpwtwtt�vs S,WDLoca � Programs y -�-, This is to certify that EJ Walsh From F City of Federal Way t� Has successfully completed r , fr No ROW Verification el-earning Training } Michelle Newlean Awarded:September 12,2022 Right of Way Manager W " DOT Loca � Proevranis This is to certify that t Desiree' Winkler v From '3 �:x r City of Federal Wa �{ Y Y Has successfully completed No ROW Verification el-earning Training Michelle Newlean Awarded:August 26,2022 d Right of Way Manager N9- � ,:.0 iL .,..:.4..ti"."k. �Tr�'t :r• �,M �.0 � ,•�" dJ�'.+r� ....ti, 7 i--�..-C �� 1 � pwpM'lapr�t a1 Y•.ew�orea�,•�, y w 6 4 Wl-"' DOT Loca � Programs This is to certify that � r Christine Mullen µ.5 From f , City of Federal Way } Has successfully completed , {± No ROW Verification el-earning. Training i l ^+' Michelle Newlean Awarded:September 09,2022 / 'I' Right of Way Manager L _ A, , . r .. w UT Loco W D --d Programs This is to certify that John Mulkey From 'f City of Federal Way r* Has successfully completed No ROW Verification el-earning Training µre y f Michelle Newlean Awarded:August 25,2022 Right of Way Manager Y Y. "A MJ T # � ��,7 ye 4w�!" �.!. 'l"� �l`.. "M.T4}N 6L�. .1.-. Lti �•'�w ^ar —w'4'� f '' '� ^ . � ��.�.� ..►. .,�,, � � _n_ � . _.. a � :. �aq.-... •"" W,z,hl.rmgLon glwto T/fir n.�a,.eR,m+e�r r.anspart.rrnn .� ".y r tab, This is to certify that sr� =` Kent Smith 1 7' From w City of Federal Way Has successfully completed W = No ROW Verification el-earning Training s Michelle Newlean Awarded:October 10,2022 Right of Way Manager ' Wn. ,0 wasnkagt*n slate [*v,%rI rm ffl of Trnu•x r;urtafdnn ; W C D T Local Programs nM This is to certify that Omar Barron From e, .r City of Lakewood y. Y Has successfully completed �s w No ROW Verification eLearning Training Michelle Newlean _ Awarded:January 21,2022 Right of Way Manager r y r " A0k "d .srlenL rrl han rta!,rrrt� xW' DOT Local Programs This is to certify that John Cole ; From i of Federal Way Public Works M City Y Has successfully completed r No ROW Verification el-earning Training f� :r Michelle Newlean Awarded:September 06,2022 ' Right of Way Manager w* °*'4-w1L.: ,r{. � 71reY�Ji/•/IF.� I,', .9�'�MCINf' f A� x vu " g p y w i s WII 1 ^'t:�M � x ✓ 4'!��. ._'.�.... .. ,.. .., •'dr ..,-.. b ..R:.....:.. ".�..:.. ,.,.� P. !ti•,��: w MNgllkrptiun 5xawo �;s ? 4 t�eprgrnc.m�+o!han:„y.Awl'dcr•+ i �; Wr'00T Loca � ra m s s,�r This is to certify that ,`. Jeff Huynh > From City of Federal Way ' Has successfully completed ,w No ROW Verification el-earning Training Michelle Newlean Awarded:September 13,2022 ;. Right of Way Manager j y ,w, m [j, dr. ram. v V" Wr�hi�rrgtnxl SYYn r p � �'�/,/ [1oMr1rnavlA pl 7ranapnrrlatlan S�� k 4 W� DOT Loca Programs wf a A This is to certify that e ` Kent van Alstyne From City of Federal Way ` y A Has successfully completed y No ROW Verification el-earning Training PF` w Michelle Newlean Awarded:October 07,2022 Right of Way Manager " ... �.. „� M«.�^',M'F�i '.:r'•� -�. ... r�'•c'�1�PrXr��'...'�.•�ec? ,.-M -. v,. M, ,.ro. ''` }":. -... —:.�" RETURN TO: PW ADMIN EXT: 2700 ID #: J CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: CHRI5TINIf MULLEN EXT: x2723 3. DATEREQ.BY: 10-AUG-2018 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE�S❑ RESOLUTION CONTRACT AMENDMENT (AG#): ( i% ❑ INTERLOCAL 0 OTHER ROW PROCEDURES 4. PROJECTNAME: RIGHT-OF-WAY PROCEDURES 5. NAME OF CONTRACTOR: W5DOT - LOCAL PROGRAMS ADDRESS: DAVID NARVAEZ. W5DOT, 15700 DAYTON AVE N, SEATTLE, WA 95133 TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # I EXP. 7. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETIONDATE: UPON COMPLETION 8. TOTAL COMPENSATION: $ N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: N/A 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER C`Jy((\ -1' AUA ' 20 i$ ❑ DIVISION MANAGER ) . DEPUTY DIRECTOR fG ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) L5LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: N/A COMMITTEE APPROVAL DATE: N/A SCHEDULED COUNCIL DATE: N/A COUNCIL APPROVAL DATE: N/A 11. CONTRACT SIGNATURE ROUTING (� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) -� 1 X CITY CLERK N6914 fd\ASSIGNED AG # AG# , - b. 7CID_ Si&NE'D COPY RETURNED DATE SENT: P, . 7)C RETURN ONE ORIGINAL COMMENTS: EXECUTE" I "ORIGINALS RATHER THAN DO AN AMENDMENT #4 TO AG99-059, W5DOT WANTS US TO START FROM SCRATCH SINCE OUR ORIGINAL ROW PROCEDURES WERE DATED 1999. THESE ARE WSDOT TEMPLATES OR HAVE ALREADY BEEN REVIEWED BY W5DOT AND CANNOT BE EDITED. WE ARE UPDATING OUR ROW PROCEDURES TO REFLECT THE NEW FORMAT $ THE CHANGES IN CITY STAFFING. CITY SIGNS BEFORE W5DOT. 1/2018 AMIlk AUG 17 20% TAPWashington State OF FEDERAL WAY Department of TransportatWLiC WORKSDEPT. August 15, 2018 Mr. Marwan Salloum, PE Public Works Director City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003 Dear Mr. Salloum: 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 City of Federal Way Updvited Staff List and Qualifications & Appraisal Waiver for Right of Way Procedures On August 10, 2018, the Local Programs Right of Way Section received the City's updated Right of Way (ROW) Procedures. These updated staff qualification are approved, and supersede and replace the previous qualifications subject to the following requirement. E. J. Walsh, PE, Public Works Director is approved to perform the Program Administration function, which includes oversight of hired ROW consultants, review and approval of recommended actions and payments, review and preliminary approval of administrative settlements, and authorization of just compensation including approval of Administrative Offer Summaries (AOS). Marwan Salloum, PE, Public Works Director will also be approved to complete these activities until August 31, 2018. 2. Appraisal and appraisal review must be contracted for with the Washington State Department of Transportation (WSDOT) or consultant on WSDOT's approved qualified appraiser/review list. 3. E. J. Walsh, PE, Public Works Director; Desiree S. Winkler, PE Deputy Public Works Director & Street Systems Manager; John Mulkey, PE, Street Systems Project Manager; Christine J. Mullen, PE, Street System Project Engineer; Naveen Chandra, PE, Street Systems Project Engineer; Mark Orthmann, Deputy City Attorney are approved to perform the acquisition function. To avoid a conflict of interest, when the Sr. Real Property Agent has prepared a waiver valuation (Administrative Offer Summary -"AOS"), they are only approved to acquire property valued at $10,000 or less in such instances. Otherwise acquisitions must be contracted for with qualified consultant, other agencies with qualified staff, or WSDOT. The LAC must be provided the opportunity to review all acquisition file documents prior to their presentation to property owners. Marwan Salloum, PE, Public Works Director will also be approved to complete these activities until August 31, 2018. Mr. Marwan Salloum, PE Public Works Director City of Federal Way August 15, 2018 4. All relocations must be contracted for with qualified consultants, other agencies with qualified staff or WSDOT. Any relocation consultant must be monitored by the LAC. For any projects involving relocation, the City must provide confirmation they have an approved relocation appeal procedure in place prior to starting relocation activities. 5. E.J. Walsh, PE, Public Works Director is approved to perform Property Management functions. Marwan Salloum PE Public Works Director will also be approved to complete these activities until Au ug st 31,_2018. The City is approved to use the Federal Highway Administration approved waiver process of $25,000 or less, including cost to cure items in which it is not required to offer appraisals for values at $10,000 or less. The city's relocation appeal procedures submitted in July of 2013 remain in effect. It is requested that the City work closely with the region LAC early and throughout the right of way process to ensure that all necessary procedures are followed on any federal -aid projects. In particular, the City must notify the Region LAC prior to contracting with consultants to initiate the process. When staffing changes occur, an updated list must be submitted for approval prior to commencement of any right of way work. If you have any questions regarding the provisions, please contact David Narvaez, Northwest Region Local Agency Coordinator, at (206)4 40-4205, or Mehrdad Moini, Northwest Region Local Programs Engineer at (206) 440-4734. Sincerely, t C�t#u—, N ",t4,_, Michelle Newlean Local Programs -Right of Way Manager MN:mI Enclosure cc: Mehrdad Moini, Northwest Region Local Programs Engineer David Narvaez, Northwest Region Local Agency Coordinator • Si ITR T -CT TO REQUIREMENTS LISTED IN RIGHT uv w,-�, riWC EDURES APPROVAL LETTEit Right of Way Procedures The City of Federal Way, 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: 1. 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 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; • 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). CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR Morwan Solloum, P. E. (effective through August 31, 2018) E.J. Walsh, P. E. (effective after August 31, 2018) (Insert Name and Title of AGENCY Position above & attach resume of qualifications) LPA -001 Right of Way Procedures Page 1 of 5 Template Revised 12/2017 K.ISTREETSIWSDOTIROW PROCEDURESIAug 20181LPA001.docx • SIJR1Fr T TO RIIIREMENTS LISTED M RIGH i' k— w-1 1,ikuCEDURES APPROVAL LETTER ii. 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. CONSULTANT (Insert Name and Title of AGENCY Position above & attach resume of qualifications) 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. CONSULTANT (Insert Name and Title of AGENCY Position above & attach resume of qualifications) 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. 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; LPA -001 Right of Way Procedures Page 2 0f 5 Template Revised 12/2017 K. ISTREETSIWS0071ROW PROCEDURESIAug 2018ILPA00l.docx SIIR TFr W REQUIREMENTS LISTED IN RIGHT :;r dv,�I 11kUCEDURES APPROVAL LETTER • 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. CONSULTANT CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR Marwan Salloum, P.E. (effective through August 31, 2018) E.J. Walsh, P.E. (effective after August 31, 2018) CITY OF FEDERAL WAY DEPUTY PUBLIC WORKS DIRECTOR E.J. Walsh, P.E. (effective through August 31, 2018) Desiree S. Winkler, P.E. CITY OF FEDERAL WAY STREET SYSTEMS MANAGER Desiree S. Winkler, P.E. CITY OF FEDERAL WAY STREET SYSTEMS PROJECT ENGINEER John Mulkey, P.E. Christine J. Mullen, P.E. Naveen Chandra, P.E. CITY OF FEDERAL WAY DEPUTY CITY ATTORNEY Mark Orthmann (Insert Name and Title of AGENCY Position above & attach resume of qualifications) 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. CONSULTANT WSDOT, RELOCATION MANAGER (Insert Name and Title of AGENCY Position above & attach resume of qualifications) LPA -001 Right of Way Procedures Page 3 of 5 Template Revised 12/2017 K.ISTREETSIWSDOTIROWPROCEDURESIAug 20181LPA001.docx • SLJRJFCT TO REQREMENTS LISTED IN RIGHT Ur WAY PROC URES APPROVAL LETTER 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; • 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. CONSULTANT WSDOT CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR Marwan Salloum, P.E. (effective through August 31, 2018) E.J. Walsh, P. E. (effective after August 31, 2018) (Insert Name and Title of AGENCY Position above & attach resume of qualifications) 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. An AGENCY wishing to take advantage of an Appraisal Waiver (aka Administrative Offer Summary or AOS) procedure on properties valued up to $25,000 or less should make their proposed waiver procedure a part of these procedures. The procedure outlined in LAG manual has already been approved using form LPA -003. The AGENCY may submit a procedure different than that shown and it will be reviewed and approved if it provides sufficient information to determine value. 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. LPA -001 Right of Way Procedures Page 4 of 5 Template Revised 12/2017 K.ISTREETSIWSD071ROW PROCEDURESIAug 20181LPA001.docx I 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. ,r. Mayor o a�rran t :* Dat Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date SURjFrT TO REQUIREMENTS LISTED IN RIGHT lir WAY PROCEDURES APPROVAL LETTER LPA -001 Right of Way Procedures Page 5 of 5 Template Revised 12/2017 K.ISTREETSIWSDOTROW PROCEDURESIAug 2018I1-PA001.docx 0 • SURIFCT TO REQUIREMENTS LISTED IN RIGH f yr �-t y PROCEDURES APPROVAL LETTER EXHIBIT A CITY OF FEDERAL WAY WAIVER OF APPRAISAL PROCEDURE The City of Federal Way , hereinafter (Enter name of the agency only) 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. B. The AOS is submitted to the Public Works Director for approval. (Enter name of position title only) C. The Public Works Director signs the AOS authorizing a first (Enter name of position title only) offer to the property owner(s). APPROVED: AGENCY t By; �Q, �� ►5�/� Local Programs Right of Way Manager LPA -003 K:ISTREETSIWSDOTIROW PROCEDURESIAug 2018V-PA003.docx Template Revised 1012014 0 • EXHIBIT B CITY OF FEDERAL WAY SETTLEMENT POLICY SURIFCT TO REQUIREMENTS LISTED IN RIGI- T ur '"I" i-tcUC;EDURES APPROVAL LETTER ADMINISTRATIVE SETTLEMENT Often it is necessary for the City of Federal Way to acquire additional property and right-of-way for road and public works projects. Either a Project Funding Estimate or an Appraisal and Appraisal Review are performed to establish the fair market value of proposed real property acquisitions. Upon City Council approval, the Public Works Director will establish the amount of just compensation by signing as Acquiring Agency Concurrence and Authorization on the Certificate of Review Appraiser. in no event shall such amount be less than the fair market value of such property. The CITY shall make every reasonable effort to expeditiously acquire the real property by negotiation. Negotiation implies an honest effort by the CITY to resolve differences with property owners. Negotiations should recognize the inexact nature of the process by just compensation is determined. The CITY desires to expedite the acquisition of real property by agreement with property owners and to avoid litigation and relieve congestion in the courts. An Administrative Settlement becomes necessary when the property owner has declined the CITY's offer of just compensation. The purchase price may exceed the amount offered as just compensation when reasonable efforts to negotiate on that amount have failed and the City Council approves such administrative settlement as being reasonable, prudent, and in the public interest. The following defines the limits and authorization for any administrative settlement paid in addition to just compensation for real property and right-of-way acquisitions for the City of Federal Way Public Works projects: 1. The staff listed in EXHIBIT B are authorized to offer administrative settlements of up to 10% more than the appraised value, unless otherwise approved by the City Council. 2. The Public Works Director will meet with the City Council in Executive Session for approval of the Administrative Settlement. LEGAL SETTLEMENTS If negotiations have failed and ad administrative settlement is not appropriate or is not successful, the Public Works Director may recommend to the City Council that a condemnation action is the only remaining solution. If the City Council agrees with the recommendation, they will request the City of Federal Way Attorney's Office commence a condemnation action pursuant to applicable laws. K:ISTREETSIWSDO71ROW PROCEDURES1Aug 20181SETTLEMENT POLICY.doc SURJF.C'T TO REQUIREMENTS LISTED IN RIGHT Ur vv. -a PROCEDURES APPROVAL LETTER EXHIBIT C CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS STAFF QUALIFICATIONS / RESUMES Marwan Salloum, P.E. Education: B.S., Civil Engineering, 1976 Experience: Broad experience and background in the Public Works project management field; including general administration, funding mechanisms, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 30 years of experience with right-of-way acquisition through eminent domain and voluntary acquisition of entire properties, portions of property, easements and temporary easements for federal, state, county and locally funded City capital improvements for street and utility projects. EJ Walsh, P.E. Education: B.S., Civil Engineering Experience: Broad experience and background in the Public Works project management field including general administration, design and construction engineering, contract document preparation, bidding, cost analysis and controls, engineering and construction contract administration. Over 10 years of experience with right-of-way acquisition and eminent domain, permanent and construction easements for federal, state, and locally funded capital improvement program projects. Desiree S. Winkler, P.E. Education: M.S., Civil Engineering (1994) B.S., Civil Engineering (1992) Experience: Broad experience and background in the Public Works management field including: general administration; project management and administration; grant application and management; design and construction engineering; contract document preparation; bidding; cost analysis and control; engineering and construction contract administration. Over 20 years of experience with right-of-way acquisition through eminent domain and voluntary acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City streets and utility capital improvements. K:ISTREETSIWSD071R0W PROCEDURESIAug 20181ROW RESUMES.doc Page 1 0 C� SIIR.iF,CT TO REQUIREMENTS LISTED IN John Mulkey, P.E. RIGHT uta WAY PROCEDURES APPROVAL LETTER Education: B.S., Civil Engineering, 1995 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 10 years of experience with right-of-way acquisition through eminent domain and voluntary acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. Christine Mullen, P.E. Education: B.S., Civil Engineering, 1996 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 5 years of experience with right-of-way acquisition through eminent domain and voluntary acquisition of portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. Naveen Chandra, P.E. Education: B.S., Civil Engineering 1988 M.S., Civil Engineering, 1994 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 20 years of experience with right-of-way acquisition through eminent domain and voluntary acquisition of entire properties, portions of property, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. K.ISTREETSIWSDO7IROW PROCEDURESIAug 20181ROW RESUMES.doc Page 2 SUR.JFCT TO REQUIREMENTS LISTED IN RIGHT01- WAY PROCEDURES APPROVAL LETTER Mark Orthmann Education: B.A., Political Science, 2008 J.D., 2012 Experience: Broad experience and background in the legal field associated with Public Works projects; including contract review, contract document preparation, and construction contract administration. Over 5 years of experience with right-of-way acquisition through eminent domain of entire properties, portions of properties, easements, and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. K:ISTREETSIWSDOTIROW PROCEDURES1Aug 20181ROW RESUMES.doc Page 3 RETURN TO: S�/� EXT: �%Di1 - m+ z'o- CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT I ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG#): 99-0-05 ❑ INTERLOCAL ❑ OTHER RIGHT OF WAY ACQUISITION PROCEDURES SUPPLEMENT #3 — APPRAISAL WAIVER EXHIBIT B-3 5. PROJECT NAME: RIGHT OF WAY ACQUISITION PROCEDURES NAME OF CONTRACTOR: WSDOT REAL ESTATE SERVICES ADDRESS: TOM BOYD WSDOT H&LP NW REGION, PO BOX 330310, SEATTLE, WA98155 TELEPHONE:206-440-4205 E-MAIL:BOYDTAWSDOT.WA.GOV FAX: SIGNATURE NAME: DIANNA NAUSLEY TITLE: PROGRAM MANAGER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. UBI # , EXP 8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: UPON COMPLETION 9. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW y- PROJECT MANAGER 4 DIVISION MANAGER DEPUTY DIRECTOR ;XDIRECTOR q ..II ❑ RISK MANAGEMENT (IF APPLICABLE) %Ly I �AW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT SIGNATORY ( ECT R 1YLA"y Ole - n ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED AG#Af%-t DATE SENT: PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: COMMENTS: EXECUTE" 1 ° ORIGINALS THIS IS TO UPDATE THE LAST SUPPLEMENT TO THE RIGHT OF WAYACQUISITION PROCEDURES TO ALLOW FOR CHANGES IN STAFFING 't i(6C IMttL . 11/9 RETURN TO: sliww r A EXT: ) '-Va CITY OF FEDEIML WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / STREETS 2. ORIGINATING STAFF PERSON: JOHN MULKEY EXT: 2722 3. DATE REQ. BY:ASAP a 5. TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE GIGq-o5q ❑ CONTRACT AMENDMENT (AG#): 99-88`3' ❑ ❑ OTHER PROJECT NAME OF CONTRACTOR: W JIJU I KEAL tS [ Al E DERV ICES ADDRESS: TOM BOYD WSDOT H&LP NW REGION PO BOX 330310, SEATTLE, WA98155 TELEPHONE:206-440-4205 E-MAIL:BOYDT(& W SDOT. WA.GOV FAX: SIGNATURE NAME: DIANNA NAUSLEY TITLE: PROGRAM MANAGER SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. UBI # , EXP 8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: UPON COMPLETION 9. TOTAL COMPENSATION: $ Nft (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER K, DIVISION MANAGER 15111 E:� DEPUTY DIRECTOR V I3 y DIRECTOR J ❑ RISK MANAGEMENT (IF APPLICABLE) ,SA g LAW DEPT INITIAL/ DATE REVIEWED PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: C; t4 510 !7i 12. CONT CT IGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS I T /DATE IGNED PI,+ KLAW DEPT M &r SIGNATORY (4DIRECTOR CITYCLERK tl 'I- ZSSIGNEDAG# A 16�[GNED COPY RETURNED DATE SENT: -Ap [AFfrE- COMMENTS. EXECUTE ",- " ORIGINALS THE RIGHT OF WAY Aw 11/9 AdW TWWashington State O Department of Transportation March 1, 2016 Mr. Marwan Salloum, PE Public Works Director City of Federal Way 33325 8t" Avenue South Federal Way, Washington 98003 Transportation Building 310 f lapie Park Avenue S E PO. Box 47300 OI, rupia.` .A 98504-73001 '60-70,-7000 7Y 1-800-833-6388 11 w wsdotwa.gov City of Federal Way Updated Staff List and Qualifications & Appraisal Waiver for Right of Way Procedures Dear Mr. Salloum: On February 25, 2016, the Local Programs Right of Way (ROW) Section received the City's updated staff list and qualifications for the change in staff performing the Program Administration, Acquisition, and Property Management functions along with updated Appraisal Waiver Procedures. The Appraisal Waiver Procedure and the changes to staff performing those functions are approved, reflected in the numbered items below, and are subject to the following requirements: Marwan Salloum, PE, Public Works Director is approved to perform the Program Administration function, which includes oversight of hired ROW consultants, review and approval of recommended actions and payments, review and approval of administrative settlements, and authorization of just compensation including approval of Administrative Offer Summaries (AOS). 2. In addition to the already approved individuals, Marwan Salloum, PE, Public Works Director and John Mulkey, PE, Streets Systems Manager, the following additional staff are approved to acquire right of way: Naveen Chandra, PE, Streets Systems Project Manager, Christine Mullen, PE, and Amy Jo Pearsall, City Attorney. At a minimum, the LAC must review all parcel files prior to first offers being made to the property owners. To avoid a conflict of interest, acquisition agents are only approved to acquire property valued at $10,000 or less if they also prepare the Administrative Offer Summary (AOS). 3. Marwan Salloum, PE, Public Works Director is approved to perform the Property Management function. The City is approved to use the Federal Highway Administration approved waiver process of $25,000 or less, including cost to cure items in which you are not required to offer appraisals for values at $10,000 or less. Mr. Marwan Salloum, PE City of Federal Way March 2, 2016 Page 2 The remainder of the City's ROW Procedures approved effective December 19, 2005 remain in effect. When staffing changes occur, an updated list must be submitted for approval prior to commencement of any right of way work. It is requested that the City continue to work closely with the region Local Agency Coordinator as early in the acquisition process as possible to ensure that all necessary procedures are followed on any federal -aid projects. If you have any questions regarding the provisions, please contact Tom Boyd, Northwest Region Local Agency Coordinator, at (206)4 40-4205, or Ed Conyers, Northwest Region Local Programs Engineer at (206) 440-4734. Sincerely, Dianna Nausley Right of Way Manager Local Programs Enclosure cc: Ed Conyers, Northwest Region Local Programs w/ enclosure, MS NB82-121 Tom Boyd, Northwest Region w/enclosure, MS NB82-118 EXHIBIT B-3 WAIVER OF APPRAISAL PROCEDURE The City of Federal Way, 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. B. The AOS is submitted to the Public Works Director for approval. C. The Public Works Director signs the AOS authorizing a first offer to the property owner(s). AGENC By: r APPROVED: Local Programs Right of Way Manager SUR,IF.CT TO REQUIREMENTS LISTED IN LPA -003 RIGHT Ur WAY PROCEDURES APPROVAL LETTER 10/2014 CITY OF FEDERAL WAY REAL PROPERTY ACQUISITION AND RIGHT-OF-WAY PROCEDURES SUPPLEMENT NO.3 The Right of Way Procedures, as approved on June 1, 1999, and supplemented by Supplement No. 1 and Supplement No. 2 is revised as follows: THE CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS, attached as Exhibit A to the Right of Way Procedures and Exhibit A-1 to the Supplement No. 1 and Exhibit A-2 to the Supplement No. 2 shall be amended by the Revised City of Federal Way Listing for Staff Filling Property Acquisition Positions, more particularly described in Exhibit A-3, attached hereto and incorporated by this reference. All other terms and conditions of the Right -of -Way Procedures and Supplement No. 1 and Supplement No. 2 not modified by this Supplement No. 3 will remain in full force and effect. tipprovea as to r fair Amy Jo Pearsall, City Attorney WASHINGTON STATE DEPARTMENT OF TRANSPORTATION �' A//s D to Date Date Approved By:444d '311 lit, Real gstate'�� Date l mi Pm�rams SUBJECT TO REQUIREMENTS LISTED IN RIGHT OF WAY PROCEDURES APPROVAL LETTER Page 1 K:\STREETS\GRANTS\ROW Proceedures\WSDOT ROW 2015.doc SUPPLEMENT NO.3 EXHIBIT A-3 CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS 1. Program Administration: Marwan Salloum, P.E., Public Works Director, 30 years' experience in strip and/or whole parcel acquisition. 2. Appraisal: Consultant Review Appraisal: Consultant 4. Acquisition: Consultant /Staff Staff 1. PUBLIC WORKS DIRECTOR Marwan Salloum, P.E. Education: B.S., Civil Engineering, 1976 Experience: Broad experience and background in the Public Works project management field; including general administration, funding mechanisms, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 30 years of experience with right of way acquisition through eminent domain and voluntary acquisition of entire properties, portions of property, easements and temporary easements for federal, state, county and locally funded City capital improvements for street and utility projects. 2. STREET SYSTEMS MANAGER: John Mulkey, P.E. Education: B.S., Civil Engineering, 1995 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 10 years of experience with right of way acquisition through eminent domain and voluntary acquisition ofportions ofproperty, easements and temporary easementsforfederal, state, and locally funded City capital improvements for street and utility projects. 3. STREET SYSTEMS PROJECT ENGINEER Naveen Chandra, P.E. Page 2 C:\Users\NausleD\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\64YYZDRT\Staff qualifications 20I6.doc Education: BS Civil Engineering 1988 MS Civil Engineering, 1994 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration, Over 20 years of experience with right of way acquisition through eminent domain and voluntary acquisition of entireproperties, portions ofproperty, easements and temporary easementsforfederal, state, and locally funded City capital improvements for street and utility projects. Christine Mullen, P.E. Education: BS Civil Engineering, 1996 Experience: Broad experience and background in the Public Works project management field; including general project administration, grant application and management, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 2 years of experience with right of way acquisition through eminent domain and voluntary acquisition ofportions ofproperty, easements and temporary easements forfederal, state, and locally funded City capital improvements for street and utility projects. 4. CITYATTORNEY Amy Jo Pearsall, Education: BA History, 1998 JD, 2001 Experience: Broad experience and background in the legal field associated with Public Works projects; including contract review, contract document preparation and construction contract administration. Over 10 years of experience with right of way acquisition through eminent domain of entire properties, portions ofproperty, easements and temporary easements for federal, state, and locally funded City capital improvements for street and utility projects. 5. Relocation: Consultant/ Washington State Department of Transportation, Relocation Manager. 6. Property Management: Consultant l Washington State Department of Transportation /Staff Staff: 1. PUBLIC WORKS DIRECTOR Marwan Salloum, P.E. Education: B.S., Civil Engineering, 1976 Experience: Broad experience and background in the Public Works project management field; Page 3 C:\Users\NausleD\AppData\Local\Microsofl\Windows\Temporary Internet Files\Content.Outlook\64YYZDRnStaff qualifications 2016.doc including general administration, funding mechanisms, design and construction engineering, contract document preparation, bidding, cost analysis and control, engineering and construction contract administration. Over 30 years of experience with right of way acquisition through eminent domain and voluntary acquisition of entire properties, portions of property, easements and temporary easements for federal, state, county and locally funded City capital improvements for street and utility projects. Page 4 C:\Users\NausleD\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\64YYZDRT\Staff qualifications 2016.doc RETURN TO: plc.. l EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / -st re e + S 2. ORIGINATING STAFF PERSON: S i IA,, Ko Le rt,, EXT: C 7 z 3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT Cl PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION XCONTRACT AMENDMENT (AG#): ��(D�� ❑ INTERLOCAL ❑ OTHER S- 12 l eWe,,+ llir�� r� 5. PROJECT NAME: %z cv e_�e r'r� S l (lour P r©G e e d u re s 6. NAME OF CONTRACTOR: %i%S D!7T 8 pa F s"�or P S� r ADDRESS: yr !�?C 33 G!/ TELEPHONE:�`«��y�r E-MAIL: ui d fi w d c uJU . d c> �A� SIGNATURE NAME: TITLE: ROCt.2 rA I Ka .Al 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SE CES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE a ALL OTHER REFERENCED EXHIBITS 11PROOF OF HORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRI ONTRACT/AMENDMENTS CFW LICENSE # BL, E 2/31/_ UBI # , EXP. 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY (IF CALCULATED ON HOURLY LABOR CHARGE - TACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES ❑ NV IF YES, MAX dM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER )(,DEPUTY DIRECTOR Qp DIRECTOR (IF ApptfeABtt)- . TAlkDURX r 11. COUNCIL APPROVAL (IF APPLICABLE) //COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING GrT.I sr�(+RS -Se rT"� � 14-1 /1 [1 Z ❑ SENT TO VENDOR/CONTRACTOR �V! DATE SENT: C ✓ IZ- ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS IN IAL / ATE APPROVED �z COUNCIL APPROVAL DATE: INITIAL/ DATE SIGNED fLAW DEPT — of I IGNATORY ( AYO OR DIRECTOR) ITY CLERK ❑ ASSIGNED AG # AG# I SIGNED COPY RETURNED DATE SENT: "7-12 ^12_ ❑ RETURN ONE ORIGINAL COMMENTS: pol. VL � . q 'Kr'1tOSfia. (teei�.7 LL j t,) S C�L'�T t L'vni-.. rmr. 7 !ln rn_n.r • r n f I , . DATE REC'D: ,-,I , dor e,+e, z(I1,u« 11/9 CITY OF FEDERAL WAY REAL PROPERTY ACQUISITION AND RIGHT-OF-WAY PROCEDURES SUPPLEMENT NO.2 The Right of Way Procedures, as approved on June 1, 1999, and supplemented by Supplement No. l is revised as follows: THE CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS, attached as Exhibit A to the Right of Way Procedures and Exhibit A-1 to the Supplement No. 1 shall be amended by the Revised City of Federal Way Listing for Staff Filling Property Acquisition Positions, more particularly described in Exhibit A-2, attached hereto and incorporated by this reference. II THE CITY OF FEDERAL WAY WAIVER OF APPRAISAL, attached as Exhibit B to the Right of Way Procedures shall be amended by the Revised City of Federal Way Waiver of Appraisal, more particularly described in Exhibit B-1, attached hereto and incorporated by this reference. All other terms and conditions of the Right -of -Way Procedures and Supplement No. I not modified by this Supplement No. 2 will remain in full force and effect. =EP�=A Skip Priest, ayor Attest: & a .2 MCI); Carol McNeilly, CMC City Patricia A. kioardson, City Attorney WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Approved By: aeastate Services (0-21-12 Date I e-21-12 Date Date (P r ec Date Page 1.��>i�� C:\Users\apearsall\AppData\Local\Microsoft\Windows\Temporary Inter T OF WAY PRQC 3Q AMWVAL LN' M Files\Content.Outlook\R.BAMSLIT\WSDOT ROW 2012.doc SUPPLEMENT NO.2 EXHIBIT A-2 CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS 1) Program Administration: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management, 21 years experience in strip and/or whole parcel acquisition. 2) Appraisal: Consultant 3) Review Appraisal: Consultant 4) Acquisition: Consultant / Staff Staff: 1. Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management, 21 years experience in strip and/or whole parcel acquisition. 2. Marwan Salloum, P.E., Deputy Public Works Director/Streets System Manager, 27 years experience in strip and/or whole parcel acquisition. 3. Brian Roberts, P. E., Street Systems Project Engineer, 7 years experience in strip and/or whole parcel acquisition. 4. John Mulky, P. E., Street Systems Project Engineer, 7 years experience in strip and/or whole parcel acquisition. S. Patricia A. Richardson, City Attorney, 10 years in real estate acquisition. 5) Relocation: Consultant / Washington State Department of Transportation, Relocation Manager. 6) Property Management: Consultant / Washington State Department of Transportation /Staff Staff: 1. Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management, 21 years experience in strip and/or whole parcel acquisition. Page 2 K:\STREETS\GRANTS\ROW Proceedures\WSDOT ROW 2012.doc SUPPLEMENT NO.2 EXHIBIT B-1 CITY OF FEDERAL WAY WAIVER OF APPRAISAL The City iof Federal Way ("CITY"), 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 for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation 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 PFE (Project Funding Estimate) is $25,000.00 or less, including cost -to cure items. B. The CITY must make the property owner(s) aware that an appraisal has not been done on the property and that one will be completed if they so desire. C. 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 Director of Parks, Public Works and Emergency Management for approval. C. The Director of Parks, Public Works and Emergency Management signs the AOS authorizing a first offer to the property owner(s). Page 3 K:\STREETS\GRANTS\ROW Proceedures\WSDOT ROW 2012.doc DATE IN: DATE OUT: TO: barleim" 1-(4 CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEFT./DIV: 4' rQ 2. ORIGINATING STAFF PERSON: Al�E YY1 EXT: _[„ _, 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABOR AGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT (LESS TIIAN $200,000) ❑ PURCHASE. AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) ❑ REAL ESTATE DOCUMENT 5. PROJECT N. G. NAME OF C ADDRESS: SIGNATURI 7 8. 9 ❑ SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIF,U OF BOND) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFFQ) ❑ CONTRACT AMENDMENT AG#: RGI - 5'T ❑ CDBG OTHERj' -�OW Prorer� A lA15f46,4P-ouctafps ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CE'RT'IFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: LN 11A COMPLETION DATE: 4k TOTAL COMPENSATION $ pt%+ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF FMPLOYF.FS TITLFS AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CIT 10. CONTRACT REVIEW PROJECT MANAGER DIRECTOR YCl(a-'t,5 "XLAW it�jj C IN L/DATE APPROVED �-k--- I I . CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED FLAW DEPARTMENT I t 1:31 U5 XCITY MANAGER f CI'I Y CLERKVIA SIGN COPY BACK TO (ARG NATING DEPTfl 2n . 6 10/09/02 INITIAL/DATE APPROVED INITIAL/DATE APPROVED qe? -6s F(1) CITY OF FEDERAL WAY REAL PROPERTY ACQUISITION AND RIGHT-OF-WAY PROCEDURES SUPPLEMENT NO. 1 The Right of Way Procedures, as approved on June 1, 1999, is revised as follows: THE CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS, attached as Exhibit A to the Right of Way Procedures shall be amended by the Revised City of Federal Way Listing for Staff Filling Property Acquisition Positions (Supplement 1), more particularly described in Exhibit A-1, attached hereto and incorporated by this reference. II The following requirement set forth within the letter from Stephanie Tax, Operations Analyst TransAid, to Cary M. Roe, Public Works Director, dated June 1, 1999, is no longer required: 1. The city is approved to acquire with supervision from the Region Local Agency (LA) Coordinator. At a minimum, the LA Coordinator must review all parcel files prior to first offers.bei_ng made to the property owner. All other terms and conditions of the Right -of -Way Procedures not modified by this Supplement No. 1 will remain in full force and effect. CInMollley,-6ity AY D 0 DaManager Date Attest: Laura , City Clerk WASHINGTON ST. Approved By: II]D1: Estate Services OF TOANSPORTATION D Date Date Dafe Page 1 N SUPPLEMENT NO. 1 EXHIBIT A-1 CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS 1) Program Administration: Cary M. Roe, P.E., Public Works Director, 14 years experience in strip and/or whole parcel acquisition. 2) Appraisal: Consultant 3) Review Appraisal: Consultant 4) Acquisition: Consultant /Staff Staff: 1. Cary M. Roe, P.E., Public Works Director, 14 years experience in strip and/or whole parcel acquisition. 2. Marwan Salloum, P.E., Streets System Manager, 20 years experience in strip and/or whole parcel acquisition. 3. Karen Kirkpatrick, Deputy City Attorney, 10 years in real estate acquisition.. 5) Relocation: -Consultant/ Washington State Department of Transportation, Relocation Manager. 6) Property Management: Consultant / Washington State Department of Transportation /Staff Staff: 1. Cary M. Roe, P.E., Public Works Director, 14 years experience in strip and/or whole parcel acquisition. KASTREETS\GRANTS\ROW PROCEEDURES\WSDOT.ROW.DOC Page 2 ,Iz'IIIJCA 2 DAT N 07,O TOC I Ci v CITY DF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONMOCUMENT REVIEW/SIGNATURE ROUTING SLIP i:>w 16-firee 5 1. ORIGINATING DEPT./DCV.: 2. ORIGINATING STAFF PERSON: �1'%)er EXT: TLS 3. DATE REQ. BY: 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE): ❑ PROFESSIONAL SERVICES AGREEMENT ❑ SECURITY DOCUMENT ❑ MAINTENANCE/LABOR AGREEMENT M.G., AGREEMENT 6 PERF/MAIN BOND; ASSIGNMENT Or FUNDS IN LIEU or Bonol ❑ PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT ❑ SMALL PUBLIC WORKS CONTRACT (E.G., RFD, RFP, RFQ) (LESS THAN *25,000) ❑ CONTRACT AMENDMENT AG#: ❑ PURCHASE AGREEMENT ❑ EASEMENT�� (MATERIALS, BUPPLIES, EQUIPMENT) `OTHER _ R c"r7 'L�� `ii�Q.L� oDrocefd urP1 ❑ REAL EBTATE PURCHASE & SALS AGAAAAREEMENT11.. _E'1 �l c if ) -a I�LL�Li/Si7/dYlS rnht -of "ll)GeLJ r�iv[Qedure� '� d�(e� �1 5. PROJECT NdME: S. NAME OF CONTRACTOR: ADDRESS: PHONE: TYPE OF PERSON OR ENTITY (CHECK ONE): ❑ INDIVIDUAL ❑ SOLE PROPRIETORBHIP STATE: TAX ID#/SS#: ❑ PARTNERSHIP ❑ CORPORATION SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK, INCLUDING COMPLETION DATES FOR EACH PHASE OF WORK AND LOCATION OF WORK. S. TERM: COMMENCEMENT DATE: 'r COMPLETION DATE: — 9. TOTAL COMPENSATION: $ (INCLUDES EXPENSES AND SALES TAX, IF ANY) (Ir CALCULATED ON HOURLY LASOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOURLY RATES) REIMBURSABLE EXPENSES: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED? ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 1 O. SELECTION PROCESS USED (CHECK ONE): ❑ REQUEBT FOR BIDS ❑ REQUEST FOR QUOTES ❑ ARCHITECT & ENGINEER LIST ❑ REQUEST FOR PROPOSALS ❑ REQUEST FOR QUALIFICATIONS ❑ SMALL WORKS ROSTER 1 1. CO TRACT REVIEWINITIAL/DATE APPRO ED r W. na er L7 DIRECTOR SKLAW (ALL CONTRACTS) qlfe..-K MANAGEMENT (ALL CONTRACTS EXCEPT AMENOMENTS, CONTRACTOR SELECTION DOCUMENT) p q VVVWXURCHABING 12. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVIE 5- FLAW DEPARTMENT 17CITY MANAGER C E,/CITY CLERK SIGNED COPY BACKTO ORIGINATING DEPT. ASSIGNED AG # ❑ PURCHASING: PLEASE CHARGE TO: -GE � COMMENTS /Vv 025` 4 �'""n J -A 19 -DO/ ClIforbed FYI are- IAL, Pry and AD5 =V=rrns as UCered jr) Laxrhi6/l g, anA of Aronr?cj5er^ as rekred reJi'e-u.) WHITE - ORIGINAL STAYS W.T. CONTRACT CANARY - CLERK TO STAFF PINK - LAW DEPT. GOLDENROD - ORIO,NATINO STAFF L0492 (REV 6/93. s s. �'� - sy City of Federal Way Real Property Acquisition and Right -of -Way Procedures Agency CITY OF FEDERAL WAY Agency No. 0443 The CITY OF FEDERAL WAY, a Municipality of the State of Washington, ("CITY"), desiring to acquire Real Property in accordance with the STATE OF WASHINGTON ("STATE") Uniform Relocation Assistance and Real Property Acquisition Act (Ch. 8.26 RCW) and state regulations (Ch. 468-100 WAC) and applicable federal regulations hereby adopts the following procedures to implement the above statutes and Washington Administrative Code. The Public Works Department of the CITY is responsible for the real property acquisition and relocation activities on projects administered by the CITY. To fulfill the above requirements the Public Works Department will acquire right-of-way in accordance with the policies set forth in the Washington State Department of Transportation Right of Way Manual (M26-01) and Local Agency Guidelines Manual (M-3 6-6). The CITY has the following expertise and personnel capabilities to accomplish these functions: 1. Include the following as they relate to the CITY's request. a. List the functions below for which the CITY has qualified staff and the responsible position. Attach a list of the individuals on the CITY staff who currently fill those positions and a brief summary of their qualifications. This list will need to be updated whenever staffing changes occur. The CITY will be approved to acquire based upon staff qualifications. (1) PROGRAM ADMINISTRATION -- PUBLIC WORKS DIRECTOR CITY Position (2) APPRAISAL -- CONSULTANT CITY Position (3) APPRAISAL REVIEW -- CONSULTANT CITY Position (4) ACQUISITION -- CONSULTANT AND STAFF CITY Position (5) RELOCATION -- WSDOT CITY Position ofrWodi!ilol L Page I (6) PROPERTY MANAGEMENT -- CONSULTANT, WSDOT AND STAFF CITY Position b. Any function for which the CITY does not have staff will be contracted for with WSDOT, another local agency with approved procedures or an outside contractor. A CITY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator and TransAid to ensure all requirements are met. In particular, any contract for acquisition services must be pre -approved by WSDOT prior to the start of negotiations by the CITY. When the CITY proposes to have a staff person negotiate who is not experienced in negotiation for FHWA funded projects the Coordinator must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. c. A CITY wishing to take advantage of an Appraisal Waiver process on properties valued at $10,000 or less should make their proposed waiver process a part of these procedures. Refer to the attached EXHIBIT B. The process outlined in LAG manual Appendix 25.75 has already been approved. The CITY may submit a process different than that shown and it will be reviewed and approved if it provides sufficient information to determine value. d. Attach a copy of the CITY's administrative settlement policy showing the approving authority(s) and the process involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and the state 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 CITY's procedures by WSDOT may be rescinded at any time the CITY 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. CITY OF FEDERAL WAY Kenneth . Nyberg, City Manager TEST: � � r City Clerk, N. Christine Green, CMC - �/,5.9ccl Date 7 Date Page 2 Approved By: APPROVED AS TO FORM Assistant City Manager/City Attorney, Londi K. Lindell WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Real Estate Services Igi Date Date Page 3 EXHIBIT A CITY OF FEDERAL WAY LISTING OF STAFF FILLING PROPERTY ACQUISITION POSITIONS 1) Program Administration: Cary M. Roe, P.E., Public Works Director, 8 years experience in strip and/or whole parcel acquisition. 2) Appraisal: Consultant 3) Review Appraisal: Consultant 4) Acquisition: Consultant Staff. a. Cary M. Roe, P.E., Public Works Director, 8 years experience in strip and/or whole parcel acquisition. b. Ken Miller, P.E., Streets System Manager, 8 years experience in strip and/or whole parcel acquisition. c. Londi K. Lindell, Assistant City Manager/City Attorney, 14 years in real estate acquisition. d. Eileen Robinson, Lead Paralegal, 20 years legal documentation preparation and 5 years in real estate acquisition. 5) Relocation: Washington State Department of Transportation, Relocation Manager. 6) Property Management: Consultant / Washington State Department of Transportation Staff: a. Cary M. Roe, RE, Public Works Director, 8 years experience in strip and/or whole parcel acquisition. Page 4 EXHIBIT B WAIVER OF APPRAISAL The CITY desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives and desiring to take advantage of the $10,000.00 appraisal waiver process approved by the Federal Highway Administration for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation as follows: Rules A. The City of Federal Way ("CITY") may elect to waive the requirement for an appraisal if the acquisition is simple and compensation estimate indicate on the PFE (Project Funding Estimate) is $10,000.00 or less including cost -to cure items. B. The CITY must make the property owner(s) aware that an appraisal has not been done on the property and that one will be completed if they desire. C. 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. C. Upon City Council approval, the Public Works Director signs the AOS authorizing a first offer to the property owner(s). CITY OF FEDERAL WAY Kenneth E. Nyberg, City Manager Date TEST: 3//6-7 City Clerk, N. Christine Green, CMC Date Page 5 Approved By: APPROVED AS TO FORM Wim/ �ii ANA/O - y f� Assistant City Manager/City Attorney, Londi K. Lindell WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Real Estate Services //f/99 Date Date Page 6 EXHIBIT C SETTLEMENT POLICY ADMINISTRATIVE SETTLEMENT Often it is necessary for the City of Federal Way to acquire additional property and right-of-way for road and public works projects. Either a Project Funding Estimate or an Appraisal and Appraisal Review are performed to establish the fair market value of proposed real property acquisitions. Upon City Council approval, the Public Works Director will establish the amount of just compensation by signing as Acquiring Agency Concurrence and Authorization on the Certificate of Review Appraiser. In no event shall such amount be less than the fair market value of such property. The CITY shall make every reasonable effort to expeditiously acquire the real property by negotiation. Negotiation implies an honest effort by the CITY to resolve differences with property owners. Negotiations should recognize the inexact nature of the process by which just compensation is determined. The CITY desires to expedite the acquisition of real property by agreement with property owners and to avoid litigation and relieve congestion in the courts. An Administrative Settlement becomes necessary when the property owner has declined the CITY's offer of just compensation. The purchase price may exceed the amount offered as just compensation when reasonable efforts to negotiate on that amount have failed and the City Council approves such administrative settlement as being reasonable, prudent, and in the public interest. The following defines the limits and authorization for any administrative settlement paid in addition to just compensation for real property and right-of-way acquisitions for the City of Federal Way Public Works projects: 1. The staff listed in EXHIBIT A are authorized to offer administrative settlements of up to 10% more than the appraised value, unless otherwise approved by the City Council. 2. The Public Works Director will meet with the City Council in executive session for approval of the Administrative Settlement. LEGAL SETTLEMENTS If negotiations have failed and an administrative settlement is not appropriate or is not successful, the Public Works Director may recommend to the City Council that a condemnation action is the only remaining solution. If the City Council agrees with the recommendation, they will request the City of Federal Way Attorney's Office commence a condemnation action pursuant to applicable laws. Page 7 CITY OF FEDERAL WAY L 1�-+ Kenneth E. Nyberg, City Manager Date Approved By: TTEST: � r City Clerk, N. Christine Green, CMC Date APPROVED AS TO FORM Assistant City Manager/City Attorney, Date Londi K. Lindell WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Real Estate Services KACONTRACnWSDOT.ROW Date Page 8 General Project Development Right -of -Way Project Appendix 25. >43 Funding Estimate Sample PFE PARCEL WORKSHEET PROJECT OWNERS NAME: PROPERTY LOCATION: BEFORE AREA: ACQUISITION AREA FEE: (area) CURRENT USE: HIGHEST & BEST USE: EFFECTS OF ACQUISITION: SALES RELIED ON: dated Subject Sold within last 5 Years? ACQUISITION COMPENSATION FEE LAND: (area) (unit value) (area) (und value) IMPROVEMENTS: (type and size) (unit value) (type and size) (unit value) EASEMENT: (unit value) DAMAGES: AFTER AREA: EASEMENT: (hype) ZONING (contained in Data Package for this project If yes, is Sale included in Data package? TOTAL: $ Sheet _ of —Sheets Parcel Plan Approval Date Revision Date Worksheet Date Loca/Agency Gulde/Ines 25-11 .bine 1ooR Genera/ Project Development Appendix 25.143 Right -of -Way Project Fun Estimate Sample Local Agency Guide/roes .i,,,,e 1F i I I I I i E- p U i t 1+N, c I _� F=u H U I a -o U 3 I � o U ca \ a Q � c y o u o F Q\ � u = o y, U R G W o u H u �+ Q u L O c=. U z u COD � 3 y 0. Q � M N u h •L u O U W 0. Q � u z � u y ti G 0 U � � •L O L d d u � A c In U � I i (Ti a I U W I ti ... u o H a W U � R C1 C 0 3 ca fT. � u h E- MO x I I I I I I I I I I I I I I 1 I I I I u O L a. Local Agency Guide/roes .i,,,,e 1F c=. U z u u h � 3 y 0. Q � M N u h •L u O U 0. Q C d L ti G 0 U L d d u � aoa General Project Development Appendix 25.146 Appraisal Waiver Procedt ;ample) ADMINISTRATIVE OFFER SUMMARY PROJECT: OWNERS NAME: PROPERTY LOCATION: BEFORE AREA: ACQUISITION AREA FEE: (area) CURRENT USE: HIGHEST & BEST USE: EFFECTS OF ACQUISITION: SALES RELIED ON: dated ) ACQUISITION COMPENSATION FEE LAND: (area) (unit value) IMPROVEMENTS: (type and size) (unit value) EASEMENT: (unit value) DAMAGES: TOTAL: AFTER AREA: EASEMENT: (type) (area) ZONING: (contained in Data Package for this project Sheet _ of —Sheets Parcel Plan Approval Date Revision Date Worksheet Date Prepared By: Date: I concur in the value estimate herein and authorize an Administrative Offer be made in said amount. (Regan RES Manager) (Date) This form is prepared in conformance with WSDOT policy and procedures, f< does not constitute an appraisal as defined by the USPAP. Federal Aid # Parcel # 25-22 Local Agency Guidelines /"-. f 00 Appendix 25.147 Review Appraiser Form (Sample) SwastinatDn stow Department of Tramportation REVIEW APPRAISER'S CERTIFICATE NO. 1 FROM: TO: Rcvicw Appraiser Agency: Parcel No.: Owner: Federal Aid No. Project: Map Sheet: Map Approval Date: Date of last map revision: The following appraisals have been made nn s..b;—t .... e.. _.APPRAISER I. VALUATION DATE BEFORE VALUE + S •AFTER VALUE S VALUE DIFFERENCE $ ALLOCATION S TAKINGS DAMAGES S •...>......--X Nrsur LerlgicaiefsT or value nave hOnn --f. — —r.;—i .._.._..a. REVIEW APPRAISER DATE OF PRIOR DV BEFORE VALUE AFTER VALUE JUST J ALLOCATION S COMPENSATION I, S S S TA K NOS DAMAGES S Comments - The appraiser completed a narrative appraisal report as contracted. The data used is adequate and relevant and any adjustments made to the data are proper. The appraisal methods and techniques used are appropriate. The analyses, opinions and value conclusions in the report under review are appropriate and reasonable. I, the review appraiser, have both the experience and the knowledge to perform this appraisal review competently. Attached are my Appraisal Review Assumptions and Limiting Conditions and my Appraisal Review Salient Information which are made a part of this appraisal review report. I inspected the subject property and the sales data used in the appraisal report on My value conclusions and appraisal review findings are as follows: REVIEWER'S DETERMINATION OF VALUE ('This Review): Reviewer's Allocation of Just Compensation: VALUE BEFORE ACQUISITION: S Acquisition: S VALUE AFTER ACQUISITION: $ Damages: $ VALUE DIFFERENCE: S JUST COMPENSATION IS $ AS OF Local Agency Guidelines June 1998 25-23 -Geneial Project Development Appendix 25.147 Review Appraiser Form (Sample) CERTIFICATE OF REVIEW APPRAISER I, the review appraiser, certify that, to the best of my knowledge and belief: 1. The facts and data reported by the review appraiser and used in the review process are we and correct. 2. The analyses, opinions, and conclusions in this review report arc limited only by the assumptions and limiting conditions stated in this review report, and are my personal, unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this review report - 5. My analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the appropriate State laws, regulations, procedures and policies applicable to appraisal of right-of-way for such purposes. 6. 1 did personally inspect the subject property of the report under review. 7. No one provided significant professional assistance to the person signing this review report. I further certify that if this determination is to be used in conjunction with a Federal aid highway project or other Federally funded project, none of the approved just compensation is ineligible for Federal rcimbursemenL Washington State -certified general Signature: real estate appraiser certificate number: , Review Appraiser, Date: ACQUIRING AGENCY CONCURRENCE AND AUTHORIZATION: . The of does hereby indicate the concurrence with the above certification and does authorize further action by to proceed according to established procedures with the acquisition of the designated property. (Date) 25-24 Local Agency Guidelines June 1998