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HomeMy WebLinkAboutWSDOT - Updated Right of Way Procedures 2015Washington State Adft �AP Department of Transportation Lynn Peterson Secretary of Transportation Mr. Ahmad Qayoumi Public Works Director City of Pasco PO Box 293 Pasco, Washington 99301-0293 Dear Mr. Qayoumi: Transportation Building�c�, 310 Maple Park Aven7, S.E. vkb P.O. Box 47300 ✓✓���tAAVV�� Olympia, WA Qq 7300 201 360-705-7000 L/C WO J June 15, 2015 TTY: 1-800-833-6388 RkgApp,/V, www.wsdot.wa.gov City of Pasco Updated Right of Way Procedures On June 9, 2015 the Local Programs Right of Way Section received the City's updated Right of Way Procedures. These updated procedures are approved, and supersede and replace the previous procedures dated February 17, 2010. Since the City has no dedicated right of way staff, they are approved to commence right of way activities under the direct supervision of the Region Local Agency Coordinator (LAC) subject to the following requirements: 1. The current Public Works Director is approved to perform the Program Administration function, which includes oversight of hired right of way (ROW) consultants, approval of administrative settlements, and authorization of just compensation including approval of Administrative Offer Summaries (AOS). 2. Appraisals and reviews must be contracted for with WSDOT or consultant on WSDOT's approved qualified appraiser/reviewer list. The City must work closely with the LAC prior to initiating the valuation process. 3. The City is approved to acquire only with the supervision from the LAC. To avoid a conflict of interest, when the Public Works Director has prepared a waiver valuation (Administrative Offer Summary or "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 consultants, other agencies with qualified staff, or WSDOT. At a minimum, the LAC must be provided the opportunity to review all acquisition file documents prior to their presentation to property owners. 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. Due to the complexity of the relocation process, the City should make arrangements with the LAC to review relocation computations and notices prior to delivery to displaced persons. For any projects involving relocation, the City must provide confirmation they have an approved relocation appeal procedure in place prior to starting relocation activities. 'D (sz� `/ Mr. Ahmad Qayoumi, Public Works Director City of Pasco June 15, 2015 Page 2 The current Public Works Director is approved to perform the Property Management function. 6. When staffing changes occur, an updated list must be submitted for approval prior to commencement of any right of way work. 7. The City is approved to use the 2013 FHWA approved waiver process of $25,000 or less, including cost to cure items. Different rules apply between values over $10,000 and values at $10,000 and less. Your attention is directed to the rules outlined in your agency's Waiver of Appraisal Procedure, items B and C. It is requested that the City work closely with the LAC as early in the right of way process as possible to ensure that all necessary procedures are followed on any federal - aid projects. If you have any questions regarding the requirements, please contact Terri Brown, South Central Region LAC at (509) 577-1656, or Dawn Fletcher, Local Programs Right of Way Program at (360) 705-7325. Sir yprely, r Dianna Nausley Right of Way Services Manager Local Programs DN:df:ac Enclosures cc: Dawn Fletcher, Local Programs Right of Way Services Roger Arms, South Central Region Local Programs Engineer Terri Brown, South Central Region, Local Agency Coordinator Right -of -Way Procedures The City of Pasco hereinafter referred to as "AGENCY", (Enter name of the agency only) desiring to acquire Real Property in accordance with the 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 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 in accordance with the policies set forth in the Right of Way Manual M 26-01 and Local Agency Guidelines. The AGENCY has the following expertise and personnel capabilities to accomplish these functions: The following relate to the AGENCY's request. a. Below is a list of responsible AGENCY positions for which the AGENCY has qualified staff to perform the specific right-of-way function(s). Attached is a listing of each individual on the AGENCY staff who currently fill those positions below, and a brief summary of their qualifications pertaining to the specific right -of- way function(s) for which they are listed. This list shall be updated whenever staffing changes occur. The AGENCY will be approved to acquire based upon staff qualifications. (1) PROGRAM ADMINISTRATION Public Works Director Title of AGENCY position (employee name & qualifications attached) (2) APPRAISAL Consultant/WSDOT Title of AGENCY position (employee name & qualifications attached) (3) APPRAISAL REVIEW WSDOT Title of AGENCY position (employee name & qualifications attached) (4) ACQUISITION Public Works Director/WSDOT Title of AGENCY position (employee name & qualifications attached) (5) RELOCATION Consultant/WSDOT Title of AGENCY position (employee name & qualifications attached) (6) PROPERTY MANAGEMENT Public Works Director Title of AGENCY position (employee name & qualifications attached) LPA -001 10/2014 b. Any functions for which the AGENCY does not have staff will be contracted for with the Washington State Department of Transportation (WSDOT), another local agency with approved procedures or an outside contractor. 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 negotiate who is not experienced in negotiation for Federal Highway Administration (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 WSDOT's Appraisal Waiver Procedure on properties valued up to $25,000 or less should make their proposed waiver procedure a part of these procedures as an attachment. The procedure outlined in the LAG manual has already been approved using RES 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 FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right-of- way and construction stages, and for a three year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY's procedures by WSDOT may be rescinded at any time the AGENCY is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may be applied to all or part of the functions approved. or, IoSIzo(z Bala or or Cli. firman Date WASHINGTON STATE DEPARTMENT OF TRANSPORTATION / Approved By: iD 15 Local Programs Right of W Manager Date SUBJECT TO REQUMXh0ft usm IN RIGHT OF WAY PROCEDURES APPROVAL LEI LPA -001 10/2014 AHMAD S. QAYOUMI, MS, PE CAREER HIGHLIGHTS • Public Sector experience for over 25 years in five different Cities with expertise in Public Works, Transportation, City Planning and Capital Improvement Management under direct City Manager. • Certified Public Works Management Professional through the APWA Northwest Institute. Certification includes; water, waste water, solid waste, traffic engineering, transportation planning, personnel management and community leadership. • Regularly work cross -functionally with all city departments. Known as The Solution Man by the Vancouver City Manager for patience and dedication to finding unprecedented solutions to unique city- wide challenges. • Co -lead $3M Public Works project in Kabul, Afghanistan including planning, developing and implementing streets, storm water, solid waste and traffic improvements. Successful in obtaining an additional $22M in funding. • Built strong working relationships with WSDOT, FHWA, Dept of Ecology, Internal Customers, Port of Pasco, Developers, Residents, Stakeholders, and City Council during my tenure in the City of Pasco PROFESSIONAL EXPERIENCE City of Pasco, WA October 2010 to Present The City of Pasco consists of over 67,000 citizens and is the fastest growing City in the Skate of Washington. As a first class city, Pasco provides a multitude ofservices to its citizens. Annual Budget of $147 Million. Public Works Director Oversee all aspects of the City's Public Works Department at the City of Pasco with regards to Engineering Division (in-house design, traffic engineering, environmental engineering, capital improvement design and construction management and development review) Operations Division (Fleet Management, Streets, Sewer Collection, Water Distribution, Traffic signals, Strom Sewer) and Plant Operations Division (Irrigation System, Industrial Wastewater Re -Use, Water Treatment Plant, Wastewater Treatment) with total of 81 Staff. $47 Million operating budget, $10 to $35Million annual capital improvements and maintenance for water, waste water and storm water, developed comprehensive budget plan. Contract Negotiation with Labor Unions, property owners, neighborhood associations and other stakeholders to mitigate the impacts of new development and in many cases develop a balanced solution for all parties. Development of Master Plans for all utilities and water rights management. Manage federally funded project, policy development, and work under direction of the City Manager to apply the comprehensive plans adopted by the City Council. Significant Accomplishments: ➢ Obtained over $2 Million in Grant for 4" Avenue, Road 68, Court Street and Safe Route to School Improvements. ➢ ADA Transition Plans that has been noted as one of the plans for small Cities in the Country by FHWA. ➢ Make the West Pasco Water Treatment operational without any additional cost to the City. ➢ Lewis Street Overpass Environmental approval noted as one of the most challenging one in WSDOT history according to WSDOT staff. City of Vancouver July 1999—October 2010 The City of Vancouver consists of 165,000 citizens and is the 4`h largest city in the State of Washington. As a first class city, Vancouverprovides a multitude ofservices to its citizens. Division Manager, Concurrency and Development Review Services (2000-2010) 1 managed all development applications at the City of Vancouver with regards to transportation, traffic and concurrency engineering. Collaborate with water, waste water and storm water departments regularly to develop a cohesive development plan. Negotiate with property owners, neighborhood associations and other stakeholders to mitigate the impacts of new development and in many cases develop balanced circumstances for all parties. 2004- 2008 managed 1,800 activities for 400 projects per year with 10 employees. Lead projects including; 400 -acre mixed use and commercial development at the Columbia Tech Center; development of over 50 acres of former airport, the Landing at the Evergreen, mixed use development $210 Million; A major expansion of nearly $200M; and Master Plan Development for the SW Hospital and Medical Center. ICMA/City Links Program participant for special public works projects include; Kabul, Afghanistan and Sri -Lanka 2004 to 2007. Significant Accomplishments: ➢ Developed a new model for sharing development impact costs called Proportionate Share resulting in easily allowing nearly $500M in new developments for the City. This model has been adopted by 3 other municipalities. ➢ Saved the City $3M by providing detailed explanation, exhibits and convincing arguments regarding a developer's case against the city in a Federal Court ➢ Achieved 2 Employee Recognition Awards in 2005 for leading the development, design and implementation of the City's first roundabout providing safe access to the new hotel and convention center and the City's Farmers Market with 13,000-15,000 patrons each weekend. Associate Civil Engineer—Development Review Services (1999-2000) In position for 9 months prior to being promoted to Division Manager role. Coordinated multi -department reviews land use applications to ensure compliance with city codes, policies, water, waste water, storm water, traffic, concurrency and safety. Reviewed traffic studies for new developments evaluating impact and concurrency review. Reviewed civil engineering plans for new subdivisions and commercial developments. Collaborated with Construction Services to provide responses for ongoing private developments. City of Sherwood, Oregon January 1997 - June 1999 Sherwood is one of the fastest growing cities in the Portland Metro area providing full services to its 11,000 citizens. Annual Budget of $8 Million. Director of Engineering Services, Engineering and Public Works Department Managed Engineering and Public Works departments including 6 direct reports and nearly 30 employees. Responsible for public works services including; storm water, waste water, water, water production, parking and water rights. Managed 18 capital improvement projects valued at $25M. Lead projects including; streetscape improvement project to spur economic development, 5 -year transportation improvement plans, pavement management program, water master plan, water conservation plans, construction management and reviewed private developments. Reviewed proposals and selected consulting firms for City's 18 capital improvement projects. Significant Accomplishments: ➢ Lead the development and partnership for a water rights project with City of Tigard and City of Wilsonville to negotiate water use rights using the Willamette River. Negotiated 5M gallons per day for the City of Sherwood. ➢ Saved $300k annually by bringing small Public Works projects in-house including; water lines, street lights and sidewalks. ➢ Developed with a committee a Tax Increment Financing (TIF) to revitalize the downtown area. City of Mason, Ohio April 1995 - January 1997 The City of Mason has 15,000 citizens and is one of the fastest growing cities in SW Ohio. Services are provided by a fully functional Public Works Department. Annual Budget of$50 Million. Chief Engineer Managed and reviewed all new development projects, approximately 250 per year. Reviewed new subdivisions and site developments for storm water, waste water, water, traffic and road improvements. Managed 7 people; Engineering Technicians and Construction Inspectors. Developed new municipal codes and policies. Reviewed and presented recommendations to the Planning Commission and City Council on new development applications. Managed 10 capital improvement projects valued at $15M. Significant Accomplishment: ➢ Worked on the City's first water reclamation of effluent water for irrigation purposes. As a result there was less demand on the municipal water supply and it recharged the ground water supply. State and Federal Environmental Services praised the project and its results. ➢ Expanded the City Standards for Traffic Signal and Roadways City of Montgomery, Ohio April 1989 — April 1995 The City of Montgomery is an affluent community of 11,000. Annual Budget of$15 Million. Assistant City Engineer, Engineering/Public Works Department During 6 year tenure acted as the City Engineer for nearly 2 years. Project Manager for 22 capital improvement projects valued at $23M. Designed new roadway and park rehabilitation and improvements. Reviewed plans for private developments. Provided oversight of pavement management program. Planned, designed and implemented a network of multi -use paths to connect all of the city's parks and schools. Significant Accomplishment: ➢ Collected data, put out RFP, awarded the contract and managed the construction for a 20 -mile roadway resurfacing project. Education Background Masters of Science in Civil Engineering • Portland State University — Portland, OR 2000 Bachelor of Science in Civil Engineering • University of Cincinnati — Cincinnati, OH 1992 ORGANIZATIONS AND AFFILIATIONS American Public Works Association (APWA) American Water Works Associations (AWWA) Institute of Transportation Engineers (ITE) International City Management Association (ICMA) 2004 to 2007 CERTIFICATIONS AND TRAINING Registered Professional Engineer in the State of Washington (PE 38733) and State of Oregon (56488PE) Leadership Clark County — 2009 Public Works Management and Leadership Certificate — APWA Northwest Institute 2009 Effective Presentation Skills — WSDOT 2004 The Developing Leader Certification — Oregon Chapter APWA 2004 Incident Command Systems — Tualatin Valley Fire and Rescue 1999 WAIVER OF APPRAISAL PROCEDURE The City of Pasco 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 $25,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. Procedures A. An Administrative Offer Summary (AOS) is prepared using data from the PFE. B. The AOS is submitted to the Public Works Director for approval. (Enter name of position title only) C. The Public Works Director signs the AOS authorizing a first (Enter name ofposition title only) offer to the property owner(s). APPROVED: AGENCY By: //l5ll$ Local Programs Right of Way Manager SUBJFCT TO REQUiR1000DITS LISTED IN WGiiT UP WAY PROCEDURES APPROVAL LET= LPA -003 1012014 PUBLIC WORKS DEPARTMENT (509) 545-3444 / Scan 726-3444 / Fax (509) 545-3499 P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301 RIGHT-OF-WAY ACQUISITION POLICY AND PROCEDURE 1.0 POLICY 1.1 The City of Pasco adopts this policy for the acquisition of right-of-way and for the administration of relocation assistance as provided by State and Federal laws and regulations. The City will make every reasonable effort to expeditiously acquire necessary real property and real property rights by negotiations. Negotiation implies an honest effort to resolve differences between the City and property owners recognizing the inexact nature of the process by which just compensation is determined. Therefore, to facilitate the expeditious acquisition of real property and avoidance of the costs and delays associated with litigation, the procedure for administrative or stipulated settlements is hereby established including the method for administrative approval of payments in excess of the stated fair market . value as shown on the agency's approved determination of value. 2.0 PROCEDURE 2.1 Designation of Responsible Official. The responsible official for determination of administrative or stipulated settlements shall be the City of Pasco's Public Works Director. 2.2 Procedure for Approval of Administrative Settlement. The Public Works Director may approve an administrative settlement when it is determined that such action is in the public interest. In arriving at a determination to approve an administrative settlement, the Public Works Director shall give full consideration to all pertinent information including, but not limited to the following: 2.2.1 All available appraisals, including the owners (unless the acquisition is simple and the compensation estimate indicated on the project funding estimate is $25,000.00 or less, including cost to cure items), and the probable range of testimony in a condemnation trial. 2.2.2 Ability of the agency to acquire the property, or possession, through the condemnation process to meet the construction schedule. Page 1 of 2 2.2.3 The impact of construction delay pending acquisition. 2.2.4 The negotiator's recorded information including their diary of right-of- way activity. 2.2.5 Recent Court awards in cases involving similar acquisition and appraisal problems. 2.2.6 Likelihood of obtaining an impartial jury within Franklin County, and, where appropriate, the opinion of legal counsel in regards to the costs and outcome of litigation. 2.2.7 The estimate of trial cost, including the cost of expert witnesses, and potential responsibility for the payment of adverse attorney fees. 2.3 in addition to the above, any proposed administrative payment in excess of the fair market value shown by the City's approved determination of value; must also, be approved by the City Manager. 2.4 A minimum payment policy of $500 has been established. DATED this OS day of June, 2015 9 Dave Zab City Manager Page 2 of 2