Approved Consultant List for ROW Services

Minimum Qualifications

Approved Consultant List for ROW Services

The Washington State Department of Transportation (WSDOT) Headquarters Real Estate Services office maintains a list of qualified individuals for the purposes of contracting for personal services associated with right of way (ROW) activities. For any individual to be eligible to provide ROW services, they must first meet the criteria set forth within and pass a discipline specific exam prior to being placed on the list.

Once qualified, every consultant must then maintain performance evaluations of “Meets Standards” or above and obtain any re-qualification requirements in order to remain on the list. Performance evaluations with one or two areas designated as “Below Standards” but an overall evaluation of “Meets Standards” are acceptable, but improvement is expected. However, performance evaluations of “Unacceptable” may result in the consultantbeing removed from the list.

ROWactivities involve intensive contact with the public, private companies, and municipalities. As such, consultants function as direct interfaces between WSDOT or the local agency and those entities. Contact with those entities is sensitive and must be conducted with the highest levels of professionalism and public service in mind. Placement on the list is standardizedto preclude subjective decisions regarding qualifications. However, due to the nature of the work, performance and/or removal from the list is solely at the discretion of theWSDOT, Real Estate Services Office. Should a consultant be removed from the list for unacceptable performance or other reasons, the individual will be notified by WSDOT.

The disciplines identified for the qualification of individuals are as follows: Project Managers, Title, Appraisal, Appraisal Review, Acquisition, Relocation, Relocation Review, and Property Management.

Any firms doing business under contract must have qualified individual consultants available to perform the requested services.

All potential consultants must possess a working knowledge of relevant federal & state statutes, federal & state regulations, ROW policies & procedures, and individual manual chapters & guides pertinent to the work being performed. The criteria used to determine whether an individual possesses the required qualifications to perform services are as follows:

General to all disciplines:

Working knowledge and understanding of laws and regulations pertaining to real estate acquisitions for public works projects, including—Washington Administrative Code (WAC)468-100, Revised Code of Washington (RCW) 8.26, and the Code of Federal Regulations 49 CFR Part 24 relating to acquisition and condemnation of real property and property rights.
Knowledge and intent of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
Working knowledge of the connectivity of all real estate disciples –project management title, appraisal, appraisal review, acquisition, relocation, relocation review, and property management.
Ability to read and understand ROW plans and legal descriptions.
Ability to communicate, in a professional manner, with property owners, their representatives, other real estate professionals, and/or members of other professions involved in the delivery of government projects.
Ability torecognize when pertinent facts are incorrect, missing, or require supplementation or verification.
Ability to utilize internet and local data centers, such as county clerk offices, to research basic property ownership information.
Ability to organize and maintain records/files/research data.

Ability to operate office equipment and motor vehicles.

Ability to perform complex word processing, data entry, prepare spreadsheets, and operate various computer software.
Ability to understand instructions, set priorities, and meet deadlines.
Ability to analyze and assess risk regarding complex issues.
Ability to work independently.
Ability to follow directions and assignments given by senior staff members.
Skilled at problem solving.
Ability to sit or stand and operate computers for long periods of time.
Willingness to travel throughout the state, with overnight stays.
Ability to inspect buildings and lands, which may require traversing rough terrain.

The criteria used to determine whether an individual possesses the required qualifications to perform specific services are as follows:

Title Specialist

This individual is responsible for obtaining all necessary title reports, surveys, and recorded documents for the project engineers and other support groups, as well as assisting the acquisition staff or acquisition specialist in clearing title encumbrances and preparing conveyance documents.

Minimum Qualifications:

Bachelor’ Degree plus a combined 4 years of experience as a title examiner, title officer, escrow officer or LPO;

Associates Degree plus a combined 6 years of experience as a title examiner, title officer, escrow officer or LPO;

A combined 8 years of experience as a title examiner, title officer, escrow officer or LPO;

1 year as a journey level eminent domain title examiner or equivalent.

Training:

Sufficient Property Rights Training – Free webinar
No ROW Verification Training – Free webinar

Knowledge, Skills, Abilities:

Proficient in reviewing title reports and real property documents.
Knowledge of legal document preparation and interpretation.
Knowledge/understanding of property rights, changes within the title industry and recent changes to real estate laws.
Understanding of risks inherent in legal description deficiencies and experience in assessing risk and determining if corrective actions are necessary to resolve legal description deficiencies.
Proficient in clearing property encumbrances to certify the right of way.
Can verify that clearance of title encumbrancesareaccurate, just, and in accordance with laws and policies.
Ability to process invoices, order title reports, and supplemental title reports.
Ability to compile a research/acquisition/title package and review and complete transmittal packages.
Ability to draft and review complex legal descriptions.
Ability to determine title report needs and order, monitor, and distribute title reports.
Ability to review and draft legal documents (deeds, easements, etc.).

Appraiser

This individual is responsible for performing valuation services competently and in a manner that is independent, impartial, and objective.

Minimum Qualifications:

Certification with Washington State Department of Licensing
2 years’ eminent domain appraisal experience.

Training:

Successfully completed at least one eminent domain appraisal course, that includes coverage of partial acquisitions.

Knowledge, Skills, Abilities:

Complete understanding of Chapter 4 of the Right of Way Manual.
Complete understand of the Uniform Standards of Professional Appraisal Practice (USPAP).
Complete understanding of before and after appraisal methodology.
Complete understanding of the criteria for determining personal property vs. real property.
Complete understanding of appropriate forms/report formats used for appraisals under WSDOT jurisdiction.
Complete understanding of different approaches to value.
Complete understanding of valuation of damages and special benefits
Complete understanding of what constitutes reasonable attempt invite the property owner to accompany the appraiser at the inspection.
Complete understanding of various property types.
Complete understanding of what property impacts are legally compensable or not.
Ability to ascertain whatother specialized expertise is needed to appropriately complete the appraisal process.
Ability to analyze and determine “Larger Parcel” for appraisal purposes.
Ability to justify and allocate Just Compensation to the acquisition, damages, and special benefits.
Research and compile appraisal data as needed.

Review Appraiser

This individual is responsible fordeveloping and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal or appraisal review assignment.Also responsible for recommending acceptance or rejection of appraisals as the basis for establishing Just Compensation.

Minimum Qualifications:

Must be previously approvedon the Appraisal list above.
3 additional years of eminent domain appraisal experience.

Training:

Successfully completed atleast one appraisal review course, preferably that covers eminent domain appraisal issues.

Knowledge, Skills, Abilities:

All knowledge, skills and abilities listed above for Appraiser but with an expert understanding.
Expert understanding of Chapter 5 of the Right of Way Manual.
Ability to evaluate and determine whether remainders qualify as uneconomic remnants.
Expert understanding of what value impacts are legally compensable or not.
Comprehensive review of appraisal services.
Review and approve or reject appraisal reports.
Exercise authority and independent judgment in review.
Request correction of appraisal reports submitted by appraisers.
Provide advice and instruction to personnel on technical, legal and/or procedural matters relating to appraisal issues.
Ability to train/mentor/coach other appraisers.

Project Manager

This individual is responsible for monitoring, overseeing, and coordinating all aspects and/or phases of the acquisition process for a project to ensure compliance with all federal, state, and local laws and regulations.

Minimum Qualifications:

Bachelor’s degree plus 4 years of experience managing a right of way group;

AA degree plus 6 years of experience managing a right of way group;

Minimum of 8 years of experience working in a supervisory capacity on projects utilizing 23 and 47 CFR and the Uniform Act.

Training:

Administrative Settlement Training – WSDOT Free on demand eLearning 1-2 hours
Sufficient Property Rights Training – WSDOT Free on demand recorded webinar 1 hour 20 minutes
No ROW Verification Training – WSDOT Free live webinar 1 hour
NHI’s Real Estate Acquisition Under the Uniform Act: An Overview – Free NHI web based course 6 hours

Knowledge, Skills, Abilities:

Working knowledge and understanding of23 and 49 CFR, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), and WSDOT’s policy and procedures outlined in the Right of Way Manual.
A broad understanding of appraisal, title, acquisition/negotiations, relocation, and property management with the ability to direct and coordinate all of the Uniform Act functions; appraisal, appraisal review, acquisition, relocation, and property management; i.e. possessing both project management and personnel supervisory skills.
Clearly demonstrated past experience in managing complex projects that involve multiple complicated tasks.
Experience as a supervisor and/or manager of job involving workload identification, assignment of tasks, scheduling performance and monitoring progress of multiple and/or complex real estate parcels.
Experience providing real estate technical assistance and guidance on ROW matters on federal aid projects to make sure projects are completed in accordance with federal, state, and local laws and regulations.
Experience and understanding of the project certification process to identify and determine if and how ROW issues can be resolved so projects can be certified for construction.
Ability to maintain day to day responsibility for all project functions, provide project oversight and be the contact person regarding details of the work being completed.
Ability to read, interpret and explain complex ROW and construction plans.
Working knowledge of the letters, instrument forms, and provisions appropriate to the acquisition process conducted under the threat of the WSDOT’s exercise of its right of eminent domain.
Working knowledge of requirements to clear title exceptions.

Read, understand, and correctly interpret complex legal documents, legal descriptions, ROW plans, construction plans, and explain them to property owners, their representative, or others with a property interest.
Review and interpret preliminary title reports to ensure all matters of title are property identified, and make a recommendation as to the acceptance or need for clearance of special exceptions.
Review and provide guidance regarding complex acquisitions including those involving partial acquisitions, access rights, damages, special benefits, and environmental issues.
Oversight of acquisition process, i.e. preparation of offer letters, revised offer letters, and all conveyance and other instruments required to complete the acquisition transaction.
Prepare Administrative Settlements for review and concurrence by the appropriate approving authority.
Coordinate acquisition activities with others.

Communicate and interact with WSDOT or officials from municipalities when necessary to facilitate project needs.
Ability to effectively conclude negotiations/relocation activities if agent is unable to resolve issues raised by property owner or displacee. Meet one-on-one with property owners and those who may have an interest in real property.
Ability to generate professional, detailed reports, and correspondence.
Comply with Chapter 42.52 RCW regarding conflicts of interest and ethics.

Acquisition Specialist

This individual is responsible for negotiating the acquisition of property rights to ensure compliance with all federal, state, and local laws and regulations.

Minimum Qualifications:

Bachelor’s degree plus 1 years as a journey level eminent domain acquisition specialist or equivalent;

AA degree plus 2 years as a journey level eminent domain acquisition specialist or equivalent;

3 years as a journey level eminent domain acquisition specialist or equivalent.
Must be a Real Estate Broker licensed in the State of Washington.

Training:

Administrative Settlement Training – WSDOT Free on demand eLearning 1-2 hours
Sufficient Property Rights Training – WSDOT Free on demand recorded webinar 1 hour 20 minutes
No ROW Verification Training – WSDOT Free live webinar 1 hour
NHI’s Real Estate Acquisition Under the Uniform Act: An Overview – Free NHI web based course 6 hours

Knowledge, Skills, Abilities:

Working knowledge and understanding of Chapters 6, 8,and9 of the Right of Way Manual.
Working knowledge of the letters, instrument forms, and provisions appropriate to the acquisition process conducted under the threat of WSDOT’suse of eminent domain.
Working knowledge of requirements to clear title exceptions.

Read, understand, and correctly interpret complex legal documents, legal descriptions, ROW plans, construction plans, and explain them to property owners, their representative, or others with a property interest.
Review and interpret preliminary title reports to ensure all matters of title are property identified, and make a recommendation as to the acceptance or need for clearance of special exceptions.
Perform complex acquisitions including those involving partial acquisitions, access rights, damages, special benefits, and environmental issues.
Prepare offer letters, revised offer letters, and all conveyance and other instruments required to complete the acquisition transaction.
Prepare Administrative Settlements for review and concurrence by the appropriate approving authority.
Coordinate acquisition activities with others.

Communicate the acquisition program clearly at public meetings.
Meet one-on-one with property owners and those who may have an interest in real property.
Comply with Chapter 42.52 RCW regarding conflicts of interest and ethics.

Relocation Specialist

This individual is responsible for providing relocation assistance to persons displacedto ensure compliance with all federal and state laws and regulations.

Minimum Qualifications:

Bachelor’s degree plus 1 years as a journey level eminent domain relocation specialist or equivalent;

AA degree plus 2 years as a journey level eminent domain relocation specialist or equivalent;

3 years as a journey level eminent domain relocation specialist or equivalent.

Knowledge, Skills, Abilities:

Working knowledge and understanding of Chapters 12 and13 of the Right of Way Manual.
Working knowledge of appropriate forms to be used during the relocation process.
Investigate and determine relocation eligibility.

Coordinate move activities and extensive move monitoring.
Perform complex carve out calculations.
Perform complex mortgage interest differential payment (MIDP) calculations.
Calculate replacement housing payments.
Create complex relocation plans and amendments.
Prepare agent move estimates for non-residential and PPO moves.
Prepare move estimates for residential moves—room count.
Identify Substitute Personal Property (SPP), Direct Loss of Tangibles (DLT) & low value/high bulk situations and perform specialized calculations to determine benefit level.
Ability toanalyze move bids and prepare recommendations for approval.
Explain and analyze eligible related moving expenses and reestablishment expenses.
Prepare claims for review, approval, and payment.

Coordinate relocation activities with others.
Communicate the relocation program clearly at public meetings.
Ability to contact and interview displaced persons to obtain personal information.
Search for comparable replacement housing.
Conduct extensive personal property inventories.
Inspect replacement housing to ensure compliance with decent, safe, and sanitary requirements.

Relocation Reviewer

This individual is responsible for providing oversight of relocation activities, technical expertise, support, and guidance to Relocation Specialists. Also responsible for reviewing and approving/rejecting relocation claims to ensure compliance with all federal and state laws and regulations.

Minimum Qualifications:

Bachelor’s degree plus 4 years as a journey level eminent domain relocation specialist or equivalent;

AA degree plus 6 years as a journey level eminent domain relocation specialist or equivalent;

8 years as a journey level eminent domain relocation specialist or equivalent.

Knowledge, Skills, Abilities:

All knowledge, skills,and abilities listed above for relocation specialist but with an expert understanding.
Expert understanding of multi-use properties, residential carve outs, replacement housing requirements, and business reestablishment.
Exercise authority and independent judgment in review.
Request correction of benefit computations.
Provide advice and instruction to relocation specialist on technical, legal and/or procedural matters related to relocation.
Serve as project lead for relocation activities.
Advise management on relocation issues.
Perform comprehensive review and approve/deny relocation assistance claims.
Review relocation plans and approve or suggest changes.
Research and compile relocation data as needed.
Train/mentor/coach other relocation specialist.

Property Management Specialist

This individual is responsible for providing effective management and security for all WSDOT properties, ensuring “Fair Market Value” or “Economic Rent” is received from all salesand leases, disposing of property no longer needed by WSDOT, and to the greatest extent practicable, eliminating hazards and public nuisances originating on or caused by department-owned land or improvements.