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HomeMy WebLinkAboutPolicies - Public WorksGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS REQUEST SUBMITTED BY: Victoria Seim CONTACT PERSON ATTENDING ROUNDTABLE: John Brissey CONFIDENTIAL INFORMATION: ❑YES *NO DATE: 02.26.2026 PHONE: 509-754-6082 ❑Agreement / Contract DAP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related El County Code ❑Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑Out of State Travel ❑ Petty Cash El Policies El Proclamations Request for Purchase El Resolution 0 Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB ufi-� .� �� TT1 C needed on pages 5, 6, and 7 of the document. Because this is a standardized form from WSDOT that cannot be modified, the Interim County Engineer does not believe that legal review is necessary. DATE OF ACTION:. 7- 3 -cZ („ APPROVE: DENIED ABSTAIN D 1: ..�.. D? D3: NO ❑■ N/A DEFERRED OR CONTINUED TO: WITHDRAWN: 0 N/A 4/23/24 The Grant County Public Works Department (Agency), needing to acquire real property (obtain an interest in and/or possession of) in accordance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 adhere to all applicable laws, statutes, and regulations. The Agency is responsible for the real property acquisition and relocation activities on projects administered by the Agency and must acquire right of way (ROW) in accordance with the policies outlined in the Washington State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG) Manual. 1 Below is a list of Agency staff, by name and position titles, who are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provide a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. a. The Agency has the staff with the knowledge and experience to accomplish the following ROW . Disciplines: i. PROGRAM ADMINISTRATION: Oversee the delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW functions are conducted in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Ensures the Agency's approved ROW Procedures are current, including staff qualifications, and provides copies to consultants and Agency staff; • Oversight of ROW consultants; • Ensure that the hired consultants meet the minim -Lim requirements outlined in ROW Manual Chapters 2 & 8 and Chapter 3 for Appraisal and Appraisal Review. • Use of consultant contract approved by WSDOT • Management of ROW contracts • Management of ROW files • Reviews and approves actions and decisions recommended by staff & consultants • Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation before offers are made; • Oversight and approval of Waiver Valuations per policy; • Oversight and approval of Administrative Settlements per policy; o Ensure that Administrative Settlements are reviewed and accepted by the Local Agency Coordinator prior to final signature. • Ensure the Agency has a relocation appeal process before starting relocation activities; • Obligation authority for their Agency; • Obtain permits (Non -Uniform Relocation Act (URA)); • Ensures there is a separation of functions to avoid conflicts of interest. LPA-001 Revised 11/2025 • Verifies whether ROW is needed and that the property rights and/or interests needed are sufficient to construct, operate, and maintain the proposed projects. See LAG Appendix 25.171, 25.1726, and the No ROW Checklist (LPA-008). Katherine Bren, Assistant County Road Engineer Note: Staff included under Program Administration must have completed the eLearning Administrative Settlement and No ROW Verification training available at https://wsdot.wa.gov/business-wsdot/support-local-programs/local-programs-trainin /right -way - training -education 11. 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 or consultants who meet the requirements outlined in ROW Manual Chapter 3 to perform appraisal work; • Prepare ROW Funding Estimate (not required to be completed by an appraiser & only when there are federal funds in the ROW Phase); • Prepare Waiver Valuation; • Obtain specialist reports; Coordinate with engineering, program administration, acquisition, relocation, and/or property management. CONTRACT WITH A QUALIFIED CONSULTANT APPRAISAL REVIEW: Review appraisals on federal aid projects for the Agency to ensure they are adequate and reliable, have reasonable supporting data, and approve appraisal reports. Ensure appraisals are adequately supported, 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 or consultants that meet the requirements outlined in ROW Manual Chapter 3 to perform appraisal review work; • 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. CONTRACT WITH A QUALIFIED CONSULTANT LPA-001 Revised 11 /2025 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, policies, and procedures. Responsibilities/Expectations: • Use only qualified staff/consultants to perform acquisition activities for real property or real property interests, including donations; • Staff and consultants must meet the requirements outlined in ROW Manual Chapters 2 & • To avoid a conflict of interest, when the acquisition function prepares a Waiver Valuation, only acquires property valued at $15,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare Waiver Valuation justification and obtain approval; • Prepare Administrative Settlement and obtain approvals; • Prepare Right of Way Funding Estimate (when there are federal funds in the ROW Phase); • 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; • Maintain a complete, well -organized parcel file for each acquisition; • Coordinate with engineering, program administration, appraisal, relocation, and/or property management. CONTRACT WITH A QUALIFIED CONSULTANT Note: Staff included under Acquisition must have completed the eLearning Administrative Settlement training available at https://wsdot.wa.gov/business-wsdot/support-local- programs/local-programs-trainin /ri ht-way-training-education V. RELOCATION: Provide relocation assistance to occupants of property considered displaced by federally funded projects for the Agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Only qualified staff/consultants are used to perform relocations that meet the requirements outlined in ROW Manual Chapters 2 & 8. • Prepare and obtain approval of relocation plan before starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; • Make calculations and provide recommendations for the Agency approving authority before making payment; LPA-001 Revised 11/2025 • Provide and maintain a comprehensive written account of relocation activities for each parcel; • Maintain a complete, well -organized parcel file for each displacement; • Ensure occupants and personal property are removed from the ROW; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management. CONTRACT WITH A QUALIFIED CONSULTANT vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure the control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the Agency. Ensure that property management activities are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Only qualified staff/consultants are used to perform property management that meets the requirements outlined in ROW Manual Chapters 2 & 8. • Account for use of proceeds from the sale/lease of property acquired with federal funds on other Title 23 eligible activities; • Keep ROW free of encroachments; • Obtain WSDOT/FHWA approval for a change in access control along the interstate; • Maintain property records; • Ensure occupants and personal property are removed from the ROW; • Maintain a complete, well -organized property management file; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management. Tyler Brady, Interim Design/Construction Engineer b. Any functions for which the Agency does not have qualified staff, the Agency will contract with another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency that proposes to use qualified consultants for any of the above functions must work closely with its Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. The LAC will perform spot-check reviews on selected federal aid or federal aid -eligible projects. The LAC must be given an opportunity to review all offers and supporting data before offers are made to the property owners. The number of spot-check reviews depends on the project scope, the complexity of acquisitions, the local agency's level of experience, and past performance. Spot check reviews may not be required on all projects, but will lessen the risk of delays during ROW Certification. The LAC may request additional information or parcel files to ensure local agency compliance. C. The Agency's Administrative Settlement Procedures, indicating the approval authorities and the procedures involved in making administrative settlements, need to be included with these procedures (see Exhibit A). LPA-001 Revised 11/2025 d. An Agency wishing to take advantage of the Waiver Valuation process for properties valued up to $35,000 or less must complete Exhibit B of these procedures. 2. All projects shall be available for review by the FHWA and Local Programs ROW at any time, and all project documents shall be retained and available for inspection during the plan development, ROW, and construction stages and for three years following Local Programs' acceptance of the projects. 3. Local Programs ROW may rescind its approval of the agency's procedures 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 apply to all or part of the approved functions. 4. The Agency must review these procedures every three years to verify that they are current. Procedures need to be updated for one or more of the following reasons: a. Staff Changes b. If the Agency is considering early acquisition for an unfunded project, the Agency must have current procedures. c. A change is requested regarding staff who can perform specified activities. d. Revisions to the ROW Program, such as statutory, regulatory, or policy changes. Kevin Burgesir Chair, Board of County Commissioners Washington State Department of Transportation Approved By: Local Programs Right of Way Manager .3 - .3. 11?0 (0 Date LPA-001 Revised 11/2025 EXHIBIT A Agency's Administrative Settlement Policy Grant County Revised 2026 If after presenting an offer, the property owner does not agree with the Fair Market Value or Determination of Value established and contests the offer or makes a counteroffer; the Right -of- Way Agent will present and discuss the issue with all pertinent Public Works staff, to include the County Engineer. All information provided by the property owner, Appraiser(s), Review Appraiser, and the Right -of -Way Agent, will be considered. The County Engineer can then approve an Administrative Settlement not to exceed $25,000.00 over Fair Market Value or Determination of Value. If the Administrative Settlement will exceed $25,000.00 then it must be taken before the Board of County Commissioners for review and approval. All approvals for fiirther compensation are subject to review by WSDOT through the Region LA Coordinator. Kevin Burgess-- Chair, Board of County Commissioners Washington State Department of Transportation Approved By: Local Programs Right of Way Manager 33a� Date LPA-001 Revised 11/2025 I �►:i11311FION, Agency's Waiver Valuation The Grant County Public Works, hereinafter (Agency), desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C, 49 CFR Part 24, and State directives, and desiring to take advantage of the waiver valuation 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, has a low fair market value, and the compensation estimate (including the cost to cure items) and the estimated property value are under $35,000. B. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers of $15,000 or less. C. The Agency must inform the property owner(s) that an appraisal has not been completed on the property for offers over $15,001 and up to $35,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in preparing the Waiver Valuation, as no review is mandated, the preparer needs to ensure that the compensation is fair and that all the calculations are correct. Procedures A. A Waiver Valuation is prepared using comparable sales found and verified during preparation. B. The Waiver Valuation is approved by the Agency staff listed under Program Administration within these Right of Way Procedures. Once the local agency coordinator has completed a spot check for the project, an offer to the property owner(s) is authorized upon signature. N/A r Kevin Burgess Chair, Board of County Commissioners Washington State Department of Transportation Approved By: Local Programs Right of Way Manager .31 -,�> - 0 J0 Date LPA-001 Revised 11/2025