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Home My WebLink About66-18 - Res. Replacing Res. 01-14 Updating Real Property Acquisition Procedures for Public Works Projects RESOLUTION NO. bb—1 REPLACING RESOLUTION 01-14 UPDATING THE REAL PROPERTY ACQUISITION PROCEDURES FOR PUBLIC WORKS PROJECTS WHEREAS, The Mason County Department of Public Works engages in projects designed to improve the County's transportation infrastructure; and WHEREAS, said projects frequently require securing property rights and acquisition of additional right of way from abutting property owners; and WHEREAS, certain federal and state laws and regulations set forth procedures for the acquisition of real property, including rights of way; and WHEREAS, the Board of County Commissioners finds that adherence to said laws and regulations in all real property and right of way acquisition activities of County staff is appropriate and required; and WHEREAS, Resolution 01-14, approved January 7, 2013 adopted the County Real Property and Right of Way Acquisition Procedures; and WHEREAS, it is timely to update these procedures to reflect changes to personnel and implement current WSDOT form. NOW, THEREFORE, BE IT RESOLVED by the Mason County Board of Commissioners that Real Property Acquisition Procedures for Public Works Projects found in Exhibit A, attached hereto, are hereby adopted and mandated for use by Public Works staff in connection with all transportation improvement projects and other activities in pursuit of the Public Works mission; and NOW THEREFORE, BE IT FURTHER RESOLVED that the Real Property and Right of Way Acquisition procedures found in Mason County Resolution 01-14 are hereby replaced. DATED this day of (cher 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON M I rewry, Cerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: 'L k i — ------ Terri Jeffreys, Vice Chair Tim Whitehead, Chief DPA t'Q� Kevin Shutt Commissioner Exhibit A - Right of Way Procedures for Public Works Projects The County of Mason, 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). Tr) PPOT TTRFMFNTS T.TSTrn rN Jerry W. Hauth, PE, Director/Acting County Engineer RI!;, Ari i;1j r, L L._ i ER LPA-001 Right of Way Procedures Pagel of 4 Revised 1212017 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. No qualified staff 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. No qualified staff 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; • Prepare administrative settlement justification and obtain approval; • Prepare Project Funding Estimates (PFE) or,when applicable,True Cost Estimates(TCE); LPA-001 Right of Way Procedures S11" f'r T Tn PPOT TIP,PW.NTC I IgTP11 TNPage2of4 Revised 12/2017 RRY., "J.UKLS �kj% t:u �L L-i FER • 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. Phil Franklin,ROW Agent 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. No qualified staff 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. r1q is LIS 117) Iq LPA-001 Right of Way Procedures R, LliURLS Ak PROVAI Page 3 of 4 Revised 1212017 Phil Franklin, ROW Agent 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. The AGENCY wishes to take advantage of an Appraisal Waiver (aka Administrative Offer Summary or AOS) procedure on properties valued up to $25,000 or less and outlined in the attached form LPA-003. d. Attached is a copy of the AGENCY's administrative settlement procedure showing the approving authority(s) and the procedure involved in making administrative settlements. 2. All projects shall be available for review by the FHWA and WSDOT at any time and all project documents shall be retained and available for inspection during the plan development, right-of-way and construction stages, and for a three year period following acceptance of the projects by WSDOT. 3. Approval of the AGENCY's procedures by WSDOT may be rescinded at anytime 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. /� /z/`I— — Chair Date Washington State Department of Transportation Approved By: 14 i lit" < < S LI Local Programs Right of Way Manager Date S1 r'r TO PrnT'TRFN4FNTS I.TSTF.D TN RIGh 1 ., , i_uUi:LS Al'i'I:UVAL LETTER LPA-001 Right of Way Procedures Page 4 of 4 Revised 12/2017 WAIVER OF APPRAISAL PROCEDURE The County of Mason, 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 Director or County Engineer for approval. C. The Director or County Engineer signs the AOS authorizing a first offer to the property owner(s). APPROVED: AGENCY By: re /Actin unty Engineer Local Programs Right of Wayf�IFaserr Cou y Public Works met ra S1 in rrr•r TO RPQIIiREMENTS LISTED IN LPA-003 RIGH I l , I i,UL:LDURES APPROVAL LETTER 10/2014 ADMINISTRATIVE SETTLEMENT POLICY The County of Mason, hereinafter referred to as "AGENCY", desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives, hereby specifies the AGENCY'S administrative settlement policy and approving authorities for making administrative settlements. Administrative settlements are occasionally required in addition to just compensation in order to acquire needed right of way through negotiation. These administrative settlements can help eliminate costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation Diary shall contain the background leading to the need for an administrative settlement and a memo to the file shall be prepared detailing the rationale and justification. The level of authority to offer administrative settlements is as follows: ■ Acquisition Negotiator-Just compensation plus up to an additional$5000.00. ■ Engineering and Construction Manager-Just compensation plus up to an additional$10,000.00. ■ Public Works Director or Deputy Director/County Engineer-Just Compensation plus up to an additional $25,000.00. ■ Mason County Board of County Commissioners, Chair-Just Compensation plus any administrative settlement offer in excess of$25,000.00. c! r rO RF.Qt1IRFTtTFNTS LISTFD IN Rl< „ :..,I I-icuc EDURES APPROVAL LLTTER Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Jerry W. Hauth, PE Education BSCE University of Washington 1974 Experience Nearly 50 years of industry experience which includes: overseeing the securing of necessary property rights for numerous road, bridge, utility and related public infrastructure projects; and ensuring Federal and State compliance with ROW acquisition procedures. Tn RFQIIIREMENTS LISTFD IN RIG. + 1 PvCUC EOURES APPROVAL LETTER Mason County RESUME OF RIGHT OF WAY QUALIFICATIONS Phillip Franklin Education Bachelor of Science, Pacific Lutheran University Certificate, Trend Business College Experience State Certified Appraiser (#0057)for 28 plus years Attended and passed USPAP 1997 and update class in 2007 LTAP Training Diary Entries (on-line) Administrative Settlement (on-line) No ROW Certification (4/18/2017 webinar) FHWA/WSDOT (4/19/17 WSDOT Administrative Settlement) Acquisition Under the Uniform Act (6/12/17 webinar) Local Agency Row Meeting (6/28/17) NEPA& ROW Integration (8/14&15/2017 seminar) IRWA Eminent Domain Mock-Trial (9/28/17 seminar) ROW: Local Agency Row Meeting (5/15/2018 Appraisal of TCE (9/10/2018 seminar) f' '1't► PRQUIRENIENTS LfSTED IN R101, i "L►UCEDURLS APPROVAL LETTER