HomeMy WebLinkAboutRes-2017-145BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017 _ i /5"
TO AUTHORIZE THE CHAIR'S SIGNATURE UPDATING THE POLICY ON RIGHT-
OF -WAY ACQUISITION PROCEDURES, PERSONNEL QUALIFICATIONS, WAIVER
OF APPRAISAL AND ADMINISTRATIVE SETTLEMENT PROCEDURES
WHEREAS: Resolution number 2013 -129 approved the Government Agreement for Aid,
Policy on Right-of-Way Acquisition Procedures, Personnel Qualifications,
Waiver of Appraisal and Administrative Settlement Procedures for acquisition of
real estate for Federal Aid funded projects; and
WHEREAS: Personnel within Public Works has recently changed prompting the Washington
State Department of Transportation to require Resolution 2013 -129 to be
amended by the County; and
WHEREAS: Public Works is required to perform the specific right-of-way functions of
Program Administration and Property Management; and
WHEREAS: Public Works will seek to utilize consultant support for all other specific right-of-
way functions; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Comm issioners, in the best
interest of the public, does hereby authorize the Chair's signature for updating
the previously adopted Policy on Right-Of-Way Acquisition Procedures,
Personnel Qualifications, Waiver of Appraisal, and Administrative Settlement
Procedures.
DATED on this 5th day of September, 2017, at Ellensburg, Washington.
Attest:
)a--tlerk of the Board-Julie Kjorsvik
Right of Way Procedures
The Kittitas County, 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 (under construction)
o management of ROW contracts
o management of ROW files
o reviews and approves actions and decisions recommended by consultants
o Overall responsibility for decisions that are outside the purview of consultant functions
• Sets Just Compensation prior to offers being made;
• Approves administrative offer summaries per policy;
• Ensure agency has a relocation appeal process in place prior to starting relocation activities;
• Oversight of Administrative Settlements;
• 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).
Mark Cook , PE, Public Works Director; Lucas Huck, PE, County Engineer; Sara Folk, PE, Construction Manager
(Insert Name and Title of AGENCY Position above & attach resume of qualifications)
LPA-001 Right of Way Procedures
Revised 1012016 Sf In Jr('T TO REQUIREMENTS LISTED IN
RIGH r U.' 'Yt,,¥, 1-'l<.UCEDURES APPROVAL LETTER
Page 10f4
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
Revised 1012016
sur. mrT TO REQUIREMENTS LISTED IN
RIGil! In' \,,\.1 !-i{UCEDURES APPROVAL LETTER
Page20f4
• 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
(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
(Insert Name and Title of AGENCY Position above & attach resume of qualifications)
v i. PROPERTY MANAGEMENT:
Establish property management policies and procedures that will assure control and
administration of ROW, excess lands, and improvements acquired on federal aid projects for
the agency. Ensures property management activities are completed in compliance with
federal and state laws, regulations, policies and procedures.
Responsibilities/Expectations:
• Account for use of proceeds from the sale/lease of property acquired with federal funds on
other title 23 eligible activities;
• Keep R/W free of encroachments;
• Obtain WSDOT/FHWA approval for change in access control along interstate;
• Maintain property records;
LPA-001 Right of Way Procedures
Revised 1012016
sun TEeT TO REQUIREMENTS LISTED IN
RIGHl'l)1" \YAY PROCEDURES APPROVAL LETTER
Page 3 of4
• 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.
Mark Cook, PE, Pub l ic Works Di rector; Lucas Huck, PE, County Eng ineer; Sara Folk, PE , Constructi on Manager
(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.
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.
!;l m missi oners Date '
Approved By :
LPA-001 Right of Way Procedures
Revised 1012016
Washington State Department of Transportation
Date I '
StJRTP('T TO REQUIREMENTS LISTED IN
RIGHT vi ' \VA,Y PH.OCEDURES APPROVAL LETTER
Page 4 of4
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PERSONNEL QUlIFICATIONS
Mark Cook, PE, Public Work.s Director
• Fifteen years in public works design, construction, and management.
• Experience in all phases of project development and federally funded project delivery.
• Acquisition management included federal aid projects, including but not limited to FA H5IP-
0005(418), FA 5TPD-C190(003).
• Familiar and able to comply with the requirements of Title 49 CFR Part 24 -the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (URA).
Lucas Huck, PE, County Engineer
• Twelve years with WSDOT and over a year in county public works deSign, construction, and
management.
" Experience in all phases of project development and federally funded project delivery.
• Acquisition management included federal aid projects, including but not limited to FA NH-
0012(155), FA IM-0902(232), FA ER-1001(003), ARRA-0822(128), FA HSIP-000S(418).
• Familiar and able to comply with the requirements of Title 49 CFR Part 24 -the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (URA).
Sara-Folk, PE, Construction Manager
• Nine years with WSDOT and one year in county public works deSign, construction, and
management.
• Experience in all phases of project development and federally funded project delivery.
• Acquisition management included federal aid projects, including but not limited to FA ER(STP)-
1203(001), FA STPXP-NH-9999(508), FA ARRA-0902(283), FA ARRA-0902(260)/ITS-2004(052), FA
HSIP-000S(418).
• Familiar and able to comply with the requirements ofTitle 49 CFR Part 24 -the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (URA).
sun TFI'T TO REQUIREMENTS LISTED IN
RIGHT Ul' "'lAY Pl{OCEDURES APPROVAL LETTER