HomeMy WebLinkAboutBremerton ROW Procedures APPROVED 12.23.20City of Bremerton Right of Way Procedures
____________________________________________________________
The City of Bremerton, 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;
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• 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).
City Staff qualified to perform tasks specific to right-of-way function of (i) PROGRAM ADMINISTRATION:
Shane Weber, P.E. (Managing Engineer); Andrea Archer-Parsons, P.E. (Engineering Project Manager);
Christopher Dimmitt, P.E. (Civil Engineer II); Gunnar Fridriksson, P.L.S., P.E. (Stormwater Project Manager).
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.
City Staff qualified to perform tasks specific to right-of-way function of (ii) APPRAISAL: NONE
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;
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• Coordinate with engineering, program administration, acquisition, relocation, and/or
property management as necessary.
City Staff qualified to perform tasks specific to right-of-way function of (iii) APPRAISAL REVIEW: NONE
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 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.
City Staff qualified to perform tasks specific to right-of-way function of (iv) ACQUISITION: NONE
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;
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• Ensure occupants and personal property is removed from the ROW.
City Staff qualified to perform tasks specific to right-of-way function of (v) RELOCATION: NONE
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.
City Staff qualified to perform tasks specific to right-of-way function of (vi) PROPERTY MANAGEMENT:
Shane Weber, P.E. (Managing Engineer); Andrea Archer-Parsons, P.E. (Engineering Project Manager);
Christopher Dimmitt, P.E. (Civil Engineer II); Gunnar Fridriksson, P.L.S., P.E. (Stormwater Project Manager).
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.
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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.
___________________________________________ ____________________________________
Mayor Greg Wheeler, City of Bremerton Date
Washington State Department of Transportation
Approved By:
____________________________________________ ____________________________________
Local Programs Right of Way Manager Date
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LPA-003
10/2014
WAIVER OF APPRAISAL PROCEDURE
The City of Bremerton____________________________________, 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 Managing Engineer, Engineering Project
Manager, Civil Engineer II, or Stormwater Project Manager for approval.
(Enter name of position title only)
C. The Managing Engineer, Engineering Project Manager, Civil Engineer II,
orStormwater Project Manager signs the AOS authorizing a first offer to the property
(Enter name of position title only)
owner(s).
AGENCY: APPROVED:
By: ____________________________ ______________________________
Greg Wheeler, Mayor Local Programs Right of Way
City of Bremerton Manager
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CITY OF BREMERTON Administrative Settlement
Policy
INDEX EFFECTIVE DATE:
REVIEW DATE:
REVISED DATE:
DRAFT
PURPOSE
POLICY
PROCEDURE
Administrative settlements through negotiation with property owners can be beneficial
to both the City and property owner and can result in significant savings of both cost
and time. Strict adherence to the defined WSDOT right of way acquisition procedures
is required to ensure the City maintains the ability to secure Federal Aid funding for
capital improvements for all functionally classified corridors.
It shall be the policy of the City of Bremerton to follow Right of Way Acquisition
Procedures, including Administrative Settlement Procedures defined by the WSDOT
and detailed in their Local Agency Guidelines for right of way acquisition. An
Administrative Settlement is a negotiated settlement where the City has determined it is
in the public interest to approve payment in excess of fair market value for property.
This policy shall pertain to the purchase of real property, or acquisition of easements
adjacent to all roadways functionally classified by FHWA, or any roadway that the City
determines may be re-classified as a functionally classified roadway in the future.
The Administrative Settlement procedure is outlined in Section 25.11 of the WSDOT
Local Agency Guidelines (LAG) Manual which can be found at Publications - Local
Agency Guidelines (LAG) | WSDOT (wa.gov).
Administrative settlements must be reviewed by the City employees designated by
name on the Right of Way Procedures form that is on file with and approved by
WSDOT to ensure negotiations were completed in compliance with the Local Agency
Guidelines. These employees are Shane Weber, P.E. (Managing Engineer); Andrea
Archer-Parsons, P.E. (Engineering Project Manager); Christopher Dimmitt, P.E. (Civil
Engineer II); Gunnar Fridriksson, P.L.S., P.E. (Stormwater Project Manager). Upon
Shane’s, Andrea’s, Christopher’s, or Gunnar’s review and concurrence they will
recommend approval of the administrative settlement. All administrative settlements
will be approved by City Council or by a designated City Official authorized by City
Council.
12/01/2020
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Shane Weber, P.E.
Engineering Manager - Transportation
City of Bremerton
Primary Responsibility: To oversee right of way acquisition for federal aid projects for the City of
Bremerton.
Experience/Qualifications:
x Oversaw and assisted in the right of way acquisition for Kitsap Lake Elementary Safe Routes to
School Project, a federal aid project.
x Oversaw and assisted in the right of way acquisition for the HSIP Phase 2 project, a federal aid
project.
x Oversaw the development of the PS&E (including right of way plans) for the SR 520 West
Approach Bridge North design bid build project; a federal aid project.
x Managed and prepared right of way plans for the SR 520 Eastside Mitigation Project; a federally
funded project.
Education / Training:
Completed:
x Annual Local Agency Right of Way Meeting (February 18th, 2020)
x Relocation Training – Local Programs Right of Way (September 16th, 2019)
x Annual Local Agency Right of Way Meeting (February 6, 2019)
x Annual Local Agency Right of Way Meeting (2018)
x Real Estate Acquisition Under the Uniform Act: An Overview (December 2017)
x No ROW Verification Process (June 27, 2017)
x Annual Local Agency Right of Way Meeting (Yakima, 2017)
x Sufficient Property Rights (October 14, 2016)
x ROW: Appraisal Scoping & Right of Way (ROW) Certification (September 13, 2016)
Planned:
x Annual Local Agency Right of Way Meeting (Annually in January/February)
x Administrative Settlement Training (online webinar, January 2021)
x No ROW Verification and Sufficient Property Rights Training (online webinar, December
2020)
x Right of Way Certification (online Webinar Training, December 2020)
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Andrea Archer-Parsons, P.E.
Engineering Project Manager
City of Bremerton
Primary Responsibility: To assist with right of way acquisition for federal aid projects for the City of
Bremerton.
Experience/Qualifications:
x Oversaw the development of the PS&E (including right of way plans) for the Northcliff Project,
Shelton; a federal aid project; Kitsap Lake Elementary Safe Routes to School Project, Bremerton;
a federal aid project.
x Assisted with ROW and construction on HSIP Phase 2, Bremerton; a federally funded project.
Education / Training:
Completed:
x Temporary Rights Training (September 2018)
x No ROW Verification Process (2019)
x Relocation Training (2019)
x Administrative Settlement Training (2019)
x Annual Local Agency Right of Way Meeting (February 2020)
x 50 Ways to Lose Your Federal Funds (August, 2020)
x Uniform Act Basic Principles Training (September 2020)
Planned
x Annual Local Agency Right of Way Meeting (Annually in February)
x Local Programs Right of Way (ROW) Training – ROW Certification (January 2021)
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Chris Dimmitt, P.E.
Civil Engineer II
City of Bremerton
Primary Responsibility: To assist with right of way acquisition for federal aid projects for the City of
Bremerton.
Experience/Qualifications:
x Oversaw the development of the PS&E for the 6th Street Pavement Preservation Phase I which
included a No ROW Verification Process;
x Oversaw the development of the PS&E (including right of way plans) for the 6th Street Pavement
Preservation Phase II, Bremerton;
Education / Training:
Completed:
x Local Agency ROW Training – URA Basic Principles (September 10, 2020)
x 50 Ways to Lose Your Federal Funds (August, 2020)
x Annual Local Agency Right of Way Meeting (February 18, 2020)
x No ROW Verification Process (2019)
Planned
x Annual Local Agency Right of Way Meeting (Annually)
x Local Programs Right of Way (ROW) Training – ROW Certification (January 2021)
x Administrative Settlement e-Training
x Temporary Rights Training
x Relocation Training
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Gunnar Fridriksson, P.L.S., P.E.
Stormwater Project Manager
City of Bremerton
Primary Responsibility: To oversee property and easement acquisitions related to projects for the City
of Bremerton that will compliment future roadway projects which may include federal aid.
Experience/Qualifications:
x Oversaw the development of the PS&E (including right of way plans) for the Werner Road
project; a federal aid project.
x Assisted and oversaw various phases of the PS&E (Including right of way plans) for the SR 304
Gateway Project; a federal aid project.
x Oversaw the development of the PS&E (including right of way plans) for the 11th Street and
Warren Avenue Intersection project; a federal aid project.
x Oversaw the development of the PS&E (including right of way plans) for the Silverdale Way
Project; a federal aid project.
Education/Training:
Completed:
x 50 Ways to Lose Your Federal Funds
x Right of Way Certification
x IRWA International Education Conference (June 2017)
x IRWA International Education Conference (June 2019)
Planned Training:
x Annual Local Agency Right of Way Meeting
x No ROW Verification and Sufficient Property Rights
x Administrative Settlement
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