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Home My WebLink AboutWSDOT - Updated Right of Way Procedures 2016Washington State Aft �AP Department of Transportation Mr. Abroad Qayoumi Public Works Director City of Pasco PO Box 293 Pasco, Washington 99301-0293 Dear Mr. Qayoumi: RECElvED Transportation ��i'lgln 'DEC'DEC12©,6 Maple l30Aventrs.vpRKsPo. o 0o ADMIN. Olympia, WA 98504-7300 360-705-7000 November 16, 2016 TTY: 1-800-833-6388 www.wsdot.wa.gov City of Pasco Updated Right of Way Procedures On November 15, 2016 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 June 15, 2015. 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. Daniel S. Ford, PE, City Engineer 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. Daniel S. Ford, PE, City Engineer is approved to acquire only with the supervision from the LAC. To avoid a conflict of interest, when the City Engineer 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. Mr. Ahmad Qayoumi City of Pasco November 16, 2016 Page 2 5. Daniel S. Ford, PE, City Engineer is approved to perform the Property Management function. 6. 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. 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. 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 requirements, please contact Terri Brown, South Central Region LAC at (509) 577-1656, or Bill Preston, South Central Region Local Programs Engineer. Sincerely, W Dianna Nausley Right of Way Services Manager Local Programs DN:df:ac Enclosures cc: Bill Preston, 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", desiring to acquire 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 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 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. 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 R/W consultants; o use of consultant contract approved by WSDOT (under construction) o management of ROW contracts o management of R/W 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. City Engineer Title of AGENCY Position (employee name & qualifications attached) LPA -001 Right of Way Procedures Page 1 of Revised 812015 RIGHT Ur WAY PROCEDURES APPROVAL LETTER 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/WSDOT Title of AGENCY Position (employee name & qualifications attached) iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the agency to make sure they are adequate, reliable, and have reasonable supporting data, and approve appraisal reports. Ensures appraisals are adequately supported and represent fair market value and applicable costs to cure and are completed in compliance with state and federal laws, regulations, policies and procedures. Responsibilities/Expectations: • Use only qualified agency staff approved by WSDOT to perform appraisal review work; • Use review appraiser from WSDOT's Approved Appraiser List if agency does not have qualified staff, • Ensures project wide consistency in approaches to value, use of market data and costs to cure; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management as necessary. WSDOT Title of AGENCY Position (employee name & qualifications attached) 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; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; LPA -001 Right of Way Procedures SU•'Ir.r-T TO REQUIREMENTS LISTED IN Page 2 of 4 Revised 812015 RIGHT' Ur WAY PROCEDURES APPROVAL LETTER • 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 R/W 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. City Engineer/WSDOT Title of AGENCY Position (employee name & qualifications attached) 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 Title of AGENCY Position (employee name & qualifications attached) 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; LPA -001 Right of Way Procedures StM r1;r1T TO REQUIRE y(EhM LISTED IN Page 3 of 4 Revised 812015 RIGH'i uv WAY PROCEDURES APPROVAL LETTER • 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 R/W. City Engineer Title of AGENCY Position (employee name & qualifications attached) 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 anytime 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. /c Mayor Of 9 /I/.f/l(0 Date Washington State Department of Transportation Approved By: r' I" — Local Programs Right of lay Manag Date I&S-1110 LPA -001 Right of Way Procedures SUPfFeT TO REQUIKbMENTS LrSTED-19 Page 4 of 4 Revised 812015 RIGHT OF WAY PROCEDURES APPROVAL LETTER 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 Cit}Engineer for approval. (Enter name of position title only) C. The City Engineer signs the AOS authorizing a first (Enter name of position title only) offer to the property owner(s). APPROVED: AGENCY By/0/11"� Local Programs Rigl t of Way Manager SUR IFrT TO REQUIREMENTS LISTED IN LPA -003 RIGHT Ui' WAY PROCEDURES APPROVAL LETTER 10/2014 WORKS DEPARTMENT (509)545-3444 / FAX (509)543-5728 P.O. Box 293 (525 North 3' Avenue) Pasco, Washington 99301 / www.pasco-wa.gov 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 City Engineer. 2.2 Procedure for Approval of Administrative Settlement. The City Engineer 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 City Engineer 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. 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. SURJF.CT TO REQUIREMENTS LISTED IN RIGHT UP WAY PROCEDURES APPROVAL LETTER 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 74 day of November, 2016 abell City Manager SUBJECT TO REQUIREMENTS LISTED IN RIGHT UN WAY PROCEDURES APPROVAL LETTER DANIELS. FORD, PE 1452 Badger Mountain Loop *Richland, WA 99352 ♦509-307-5881 ♦fordd0cwu.edu Public Works Director- Cify & County Engineer- Project Manager Department Director/City Engineer/County Engineer/Project Manager/Licensed Professional Civil Engineer with more than 30 years of extensive experience in the management of personnel associated with Public Works, the coordination, development, design and management, of street and utility systems, both for municipalities and private developments. This includes Capital Improvement Project cost proposal, survey fieldwork, planning, development review, right-of-way, design, plan preparation, inspection, and report writing. Experienced in sample collecting and soil testing. Fully conversant with Autodesk Civil 3D and several forms of office software including Microsoft Word, Excel, Publisher and PowerPoint. Department Director • City Engineer • County Engineer • Project Manager Licensed Professional Civil Engineer (WA) Organizational Development Street and Utilities Capital Improvement Projects • Budget Autodesk Civil 3D SIGNIFICANT ENGINEERING PROJECTS 2012 - CASCADE MILL DEVELOPMENT - YAKIMA, WA City of Yakima liaison, design lead of Yakima's largest development public/private development comprising over 200 acres within the city limits and involving significant state, local and private coordination including the creation of a WSDOT and FHWA Interchange Justification Report (IJR). 2005.5TH AVENUE ROUNDABOUT - YAKIMA. WA Design Lead of Yakima's first roundabout. Regional Award for Excellence in Concrete Pavement from the American Concrete Pavement Association. ❖ LICENSES WASHINGTON STATE PROFESSIONAL ENGINEER—CIVIL (PE) CERTIFICATE/LICENSE # 47648 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION tWSDOTI BRIDGE INSPECTOR ID#G1315 ❖ PROFESSIONAL EXPERIENCE CITY OF PASCO ENGINEERING DEPARTMENT PASCO, WASHINGTON 2015 - Present City Engineer • Division Director of 16 employees • $26 million Annual Budget • Plans and supervises design of Public Works projects • Develops budget for Engineering Services • Evaluates and disciplines employees • Provides information for master planning, streets and Utilities, and oversees implementation. • Pursues Federal and State funding for transportation and Utility project • Oversees the preparation of plans and contract specifications for Public Works projects • Oversees the checking of plans and specifications for compliance with munidpal ordinances and policies • Oversees and reviews consultant's work for accuracy and professionalism • Supervises coordination of Local improvement districts Page 1 of 3 BENTON COUNTY PUBLIC WORKS PROSSER, WASHINGTON 2012-2015 Public Works Director/County Engineer • DepartrnentDirector of60employees • $33 million Bi -Annual Budget • Responsible for meeting the statutory requirements for the County Engineer established by WAC and RCW • Coordinate activities of county roadway engineering • Directs workers in planning/design activities related to road infrastructure coordination and engineering, and formulating roadway engineering policies and procedures • Responsible for Six Year Transportation Improvement Plan • Prepares applications for State and Federal grants • Directs reports to state and federal government officials CITY OF YAKIMA ENGINEERING DEPARTMENT YAKIMA, WASHINGTON 1997-2014 Development Engineer • Responsible for the design, review and/or development of public improvement projects for construction, in relation to both public capital facilities projects, and private construction projects (residential, industrial and commercial). • Review and prepare plans, specifications, estimates and related project documents for public works projects. • Represent the city's interest in dealings with consultants, contractors, other agencies, and the public. • Prepare reports, project budgets, cost analyses, and state or federal grantlloan applications. Project Design Engineer • Lead position in the development review of private project design and construction of public facilities. • Developed quantity and cost estimates associated with development fees • Prepared and Environmental Impact analyses and Statements (EIS) (SEPA) • Prepared information for hearings and reports • Responsible for reference files of utility agreements, permits, engineering reports, standards, specifications, projects and property record • Responsible to review private development right-of-way and easement documents for recording. • Responsible for coordinating project planning and preparation with other engineering units or departments •:' EDUCATION MASTER OF SCIENCE - INFORMATION TECHNOLOGY AND ADMINISTRATIVE MANAGEMENT - ADMINISTRATIVE MANAGEMENT SPECIALIZATION CENTRAL WASHINGTON UNIVERSITY, ELLENSBURG, WASHINGTON 2016 BACHELOR OF APPLIED SCIENCE - INFORMATION TECHNOLOGY AND ADMINISTRATIVE MANAGEMENT - ADMINISTRATIVE MANAGEMENT SPECIALIZATION CENTRAL WASHINGTON UNIVERSITY, ELLENSBURG, WASHINGTON 2013 Page 2 of 3 •:• REFERENCES DAVE ZABELL - CITY MANAGER 525 N. 3RD AVENUE PAsco, WA 99301 W:(509)545-3404 C:(509)834-9343 zabelld(a7Dasco-wa.gov AL KING, PE, SR. PROJECT MANAGER LOCHNER 4232 6TH AVE SE, SUITE 100 LACEY, WA 98503 W: (360) 438-2837 C:(360)280-5450 AI King. P E@Comcast. Net GARY EKSTEDT, PE. COUNTY ENGINEER, ASSISTANT DIRECTOR OF PUBLIC SERVICES YAKIMA COUNTY COURTHOUSE 128 N 2ND STREET YAKIMA, WA 98901 W:(509)574-2300 garV.ekstedtft-co.vakima.wa.us MIKE REIT. PE. OWNER HLA ENGINEERING 2803 RIVER ROAD YAKIMA, WA 98902 W:(509)966-7000 C:(509)307-8708 mheit(a�hlacivil.com Page 3 of 3