028-16 - Resolution - Repealing Resolution 031-07 and Updating Required Right-of-Way Acquisition ProceduresRESOLUTION NO. 028-16
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, UPDATING
THE REQUIRED RIGHT-OF-WAY ACQUISITION PROCEDURES AND REPEALING IN
ITS ENTIRITY, RESOLUTION NO. 031-07
WHEREAS, on November 26, 2007, the Port Orchard City Council adopted Resolution
No. 031-2007, thereby creating Right -of -Way Acquisition Procedures; including Appraisal,
Appraisal Review, Acquisition, Relocation and Property Management; and
WHEREAS, it is the City's desire to repeal Resolution 031-07 in its entirety; and
WHEREAS, Right -of -Way Acquisition Procedures, pursuant to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act (49 CFR Part 24), Chapter 8.26 RCW,
Chapter 468-100 WAC and WSDOT Local Agency Guidelines (LAG) Manual Chapter M 26-01, are
required for right-of-way acquisitions on federally funded projects; and
WHEREAS, the City of Port Orchard is being required by WSDOT to update the Right -of -
Way Acquisition Procedures now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: Resolution No. 031-07, is hereby repealed in its entirety.
THAT: The City Council adopts Resolution No. 028-16, thereby updating the
Right -of -Way Acquisition Procedures, as attached.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by
the City Clerk in authentication of such passage on this 22nd day of March 2016.
ATTEST:
City Clerk, Brandy Rinearson, CMC
Robert Putaansuu, Mayor
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City of Port Orchard
Right of Way Procedures
The City of Port Orchard, 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). See attached "Exhibit C" listing 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;
I. use of consultant contract approved by WSDOT (under construction)
II. management of ROW contracts
III. management of R/W files
IV. reviews and approves actions and decisions recommended by consultants
V. 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 (see attached with approval authority limits);
• Obligation authority for their agency;
• Obtain permits (Non -Uniform Relocation Act (URA));
• Ensures there is a separation of functions to avoid conflicts of interest.
Public Works Director/City Engineer: Mark R. Dorsey, P.F.
Title of AGENCY Position (employee name & qualifications attached)
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);
1 of 7 SURJFC'T TO REQUIREMENTS LISTED IN
RIGHT ur WAY PROCEDURES APPROVAL LETTER
• 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: The City of Port Orchard will retain the services of a consultant selected from WSDOT's
list of approved Appraisers
Title of AGENCY Position (employee name & qualiflcations attached)
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 WSDOTto 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: The City of Port Orchard will retain the services of a consultant selected from WSDOT's
list of approved Review Appraisers
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;
• 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.
Consultant: The City of Port Orchard will retain the services of a qualified consultant or another
agency with qualified staff.
Title of AGENCY Position (employee name & qualifications attached)
2of7 SUBJECT TO REQUIREMENTS LISTED IN
RIGHT OF WAY PROCEDURES APPROVAL LETTER
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. The City of Port Orchard will retain the services of a qualified consultant or another
agency with qualified staff.
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;
• 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.
Public Works Director/City of Engineer: Mark R. Dorsey, P.E.
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.
SUBJECT TO REQUIREMENTS LISTED IN
3 of 7 RIGHT Or WAY PROCEDURES APPROVAL LETTER
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.
CITY OF PORT ORCHARD
Attest:
ity Clerk Brandy Rinearson, CIVIC
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Mayor Robert Pu aansuu Date
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
Appro ed By:
A Jaj"a)rla �
Local Programs Right of Way Manager
4of7
Approved as to form:
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SUBJECT TO REQUIREMENTS LISTED IN
RIGHT OF WAY PROCEDURES APPROVAL LETTER
EXHIBIT A
WAIVER OF APPRAISAL PROCEDURE
The City of Port Orchard, 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) LPA003 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 City's Public Works Director for approval.
C. The City's Public Works Director signs the AOS authorizing a first offer to the property owner(s).
CITY OF PORT ORCHARD
By: _
Public s Director
5of7
Approved By:
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Local Programs Right of Way Manager
SUR TFCT TO REQUIREMENTS LISTED IN
RIGHTUt WAY PROCEDURES APPROVAL LETTER
EXHIBIT B
ADMINISTRATIVE SETTLEMENT POLICY
The AGENCY shall make every reasonable effort to expeditiously acquire real property by negotiation. Negotiation
implies an honest effort by the AGENCY to resolve differences with property owners. Offers can be flexible and
negotiations should recognize the inexact nature of the process by which just compensation is determined. The
AGENCY shall endeavor to expedite the acquisition of real property by agreements with owners and to avoid
litigation and relieve congestion in the courts.
1. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate
situations. An administrative settlement or stipulated settlement is a negotiated settlement of a right-of-way
acquisition case in which the AGENCY has administratively approved payment in excess of the AGENCY's offer of just
compensation. The AGENCY shall carefully consider and maximize the use of administrative settlements in
appropriate situations.
2. Administrative settlements may be approved when it is determined that such action is reasonably supported
and in the public interest. In arriving at a determination to approve an administrative settlement, the following
nonexclusive factors may be considered:
A. All available appraisals, including the owner's, comparable sales not included in an appraisal, and the
probable range of testimony in a condemnation trial.
B. Ability of the City to acquire the property, or possession, through the condemnation process to meet the
construction schedule.
C. Impact of construction delay pending acquisition.
D. The negotiators recorded information, including parcel details and the owner's rationale for increased
compensation.
E. Recent court awards in cases involving similar acquisition and appraisal problems.
F. Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where appropriate.
G. Estimate of trial cost weighed against other factors.
The authority granted to AGENCY officials to provide Administrative Settlement Offers is as follows:
A. The Public Works Director can authorize up to $20,000 over the amount offered as just compensation.
B. The City Administrator can authorize $20,001 up to $50,000 over the amount offered as just compensation.
C. Settlements exceeding $50,000 over the amount offered as just compensation must be authorized by City
Council.
SUR.TF,C'T TO REQUIREMENTS LISTED IN
6 of 7 RIGHT ur bvAY PROCEDURES APPROVAL LETTER
EXHIBIT C
AGENCY staff currently filling the positions of "Program Administration" and "Property Management", and a brief
summary of their qualifications pertaining to the specific right -of- way function(s) for which they are listed are shown
below.
Program Administration:
Mark R. Dorsey, P.E., Public Works Director/City Engineer
35 years of total Civil Engineering experience (8 years municipal experience.)
Managed and directed all aspects of Public Works capital improvement Projects
Project Manager for 3 FHWA-funded projects where ROW acquisitions required
Project Manager of 3 Commerce -funded projects where ROW acquisitions required
Property Management:
Mark R. Dorsey, P.E., Public Works Director/City Engineer
35 years of total Civil Engineering experience (8 years municipal experience.)
Managed and directed all aspects of Public Works capital improvement Projects
Project Manager for 3 FHWA-funded projects where ROW acquisitions required
Project Manager of 3 Commerce -funded projects where ROW acquisitions required
Ongoing Property Management for the Tremont Street Widening Project
SURJFCT TO REQUIREMENTS LISTED IN
7 of 7 RIGHT OF WAY PROCEDURES APPROVAL LETTER
VrWashington State
AF Department of Transportation
April 14, 2016
Mr. Mark Dorsey
City Engineer
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Transportation Building
310 Napie Park Avenue S.E.
P.O. Box 47300
OI mpia. VIA 98504-7300
360-705-7000
TTY: 1-800-833-6388
rw.- sdot.wa.gov
City of Port Orchard
Updated Right of Way Procedures
Dear Mr. Dorsey:
On March 24, 2016, the Local Programs Right of Way Section received the City's
updated Right of Way (ROW) Procedures. These updated ROW procedures are
approved, and supersede and replace the previous procedures subject to the
following requirements:
1. Mark Dorsey, PE, Public Works Director/City Engineer 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).
2. Appraisals and appraisal reviews must be contracted for with the Washington
State Department of Transportation (WSDOT) or consultant on WSDOT's
approved qualified appraiser/reviewer list.
All acquisition work must be contracted for with qualified consultants, other
agencies with qualified staff or WSDOT. Since the City has no experienced
staff to oversee the acquisition process, the City must have direct supervision
from the LAC. At a minimum, the LAC must be provided the opportunity to
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).
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.
Mr. Mark Dorsey
City of Port Orchard
April 14, 2016
Page 2
5. 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.
6. Mark Dorsey, PE, Public Works Director/City Engineer is approved to
perform Property Management functions.
7. 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 requirements, please contact Dawn Fletcher,
Olympic Region LAC at (360) 705-7325, or Neal Campbell, Olympic Region Local
Programs Engineer at (360) 357-2666.
Sincerely,
a" 11-4
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Dianna Nausley
Right of Way Manager
Local Programs
DN:ac
Enclosures
cc: Dawn Fletcher, Olympic Region Local Agency Coordinator
Neal Campbell, Olympic Region Local Programs Engineer, MS 47440