UDOT Right of Way and “Design Build”

Presented by

Karen M. Stein

UDOT

Deputy Director of Right of Way

UDOT’s Final Four Strategic Goals

Take Care of What We Have Make The System Work Better Improve Safety Increase Capacity

ROW and Project Development Support the Final Four

Support the Regions Implement new and innovative methods to

meet Four Strategic Goals Design Build is an innovative strategy

When is Design Build a good idea?

Projects where in-house resources are not sufficient

Projects that can benefit from fast-tracking Projects with a high need for innovation Projects on an Interstate (mitigated 3rd-party

delay) Risks known and transferable

History of DB with ROW in Utah

I-15 (prior to 2002 Olympics) Reconstruction UDOT cleared ROW for Residential

properties, DB team cleared ROW for Non-Residential properties

Under traditional DBB- 8 years estimated time to complete the construction

Actual under DB – completed in 4 years

12300 South

360 ownerships (over 1000 parcels) DB project completed in 3 years vs. 9 years

projected under DBB. Higher administrative settlement frequency due to

aggressive schedule & cost pass through

114th South

Special complexities New Bridge over Jordan River Relocation of a power substation New I-15 Interchange 270 ownerships plus Utility easements Current status: Construction is 61% complete Acquisitions and Relocations in progress

approximately 67% of needed ROW is cleared

Access Utah Projects and I-15 Core (Region 3)

Pioneer Crossing, a new, five-lane urban arterial from Redwood Road in Saratoga Springs to 300 East in Lehi.

Innovative Components A new diverging diamond interchange (DDI) at I-15 and American Fork Main Street, which will

replace the existing diamond interchange. Includes an Express Lane in each direction through the interchange (to tie in to the upcoming I-15

widening project). ABC Bridge Construction (American Fork Bridge)

Estimated completion in 2 years Construction is Currently 62% Complete Managed as part of the “Access Utah”: group of 5 separate projects. Central ROW provides oversight and helps to direct, train and oversee the ROW firms

hired to clear the right of way.

Current DB ROW Projects

Pioneer Crossing * (I-15 Interchange) (Region 3) I-15 Core * (Region 3) SR-68; Bangerter to Saratoga Springs (Region 3) 114th South (I-15 Interchange) (Region 2) Fort Lane Interchange (I-15 in Region 1) 6200 South CFI (SR-68) (Region 2)

See UDOT’s website for interactive video of these highly innovative projects: www.udot.utah.gov (Under public/innovations)

Projects with specific innovative components

Pioneer Crossing -- Diverging Diamond Interchange (DDI) and Accelerated Bridge Construction (ABC)

S.R. 92 -- Commuter Lanes Express Lanes--I-15 Core Continuous Flow Interchange (CFI) SR-68

Details about each project can be found on the Udot website under public info/innovations and or under Projects.

Home page is www.udot.utah.govVideo overview of UDOT’s program with emphasis on innovations is available on

this website:

Traditional Design Bid Build

Plan

UDOT Staff or Consultant

Clear ROW

UDOT Staff or Consultant

Design

UDOT Staff or Consultant

Build

UDOT Staff or Consultant

Design Build

Plan + 30% Design

UDOT Staff or Consultant Design

Design BuildConsultant Team

Clear ROWDesign BuildConsultant Team

BuildDesign BuildConsultant Team

With DB Projects Schedule is Everything!

In DBB projects there is a balance between Scope Schedule Budget

With Design Build

It is all about the Schedule!

Design Build from the Engineering point of view

Benefits Early known cost Reduce delivery time Reduce design errors Improve Constructability Identify and manage risk Encourage innovation Less detail required in

design Expands UDOT resources

Risks• Proposal costs

• Innovation limited to contractor experience

• Third Party Delay

Design Build from the ROW perspective

Benefits

Identify and manage risk Reduce acquisition time line Encourage negotiated settlements Encourage design to mitigate “damages” Encourages use of effective scheduling methods and software Expands DOT resources for Acquisition/Relocation Process DB incentives help promote implementation of an effective Public

involvement plan

Design Build from the ROW perspective

Risks

Increased overhead and direct acquisition and relocation costs Potential for coercive acquisition methods Increased number of condemnation cases & admin settlements Potential for precedent setting practices which are out of compliance

with URA and or UDOT ROW Policies and Procedures. Increased time for each ROW task due to increased hand offs between

DB and Central DOT ROW Delay Claims if DOT fails to meet schedule requirements

“Whose your Daddy?”

Traditionally for ROW the customer is the UDOT Project Manager, the UDOT Region, and ultimately UDOT as an organization.

We clear the right of way so that the project can be built.

For DB projects the consultant ROW team works directly for the DB team …but “their daddy” is really UDOT !

Issues for ROW with Design Build

The Selection Process Right of Way section of RFP must be

sufficiently and accurately detailed Selection Team must include a ROW Staff

person ROW component of the DB Proposals may

not be sufficient to affect the overall selection of the DB team.

RFP must describe the specific Scope of Work

1. Prepare list of parcels with high priority 2. Determine clear scope of work for the ROW Design3. Prioritize 3rd party entities and all utilities4. Provide the DB with a list of properties already acquired or which

will be acquired by the DOT 5. Determine whether the DB will be responsible for the Closings and

if so, will they provide Title Insurance 6. Detail who will have signature authority for every step of the

process Just Compensation Pre-Approval of Admin. Settlement amounts Contracts and or Settlement Authority for Mediations, Arbitrations and

Condemnations. Relocation Claims

7. Develop a negotiated Flow Chart with the DB 8. Meet and discuss status on a weekly basis9. Track all hand offs to and from the agency (using a shared system if

available) IE using our in house EPM system, or the DB’s tracking system. Agree on the method to be used to track the process, status and deliverable

Best Practice RE: Scope of Work

Based on UDOT DB Projects

DOT should begin early acquisition process (total acquisitions & complex acquisitions or 3rd party involvement)) as soon as possible once the project has Environmental Clearance

Purchase based on 30% design for the widest estimated footprint to include all potential easements

Transfer the responsibility of clearing ROW and the Risk as of the Notice to Proceed (NTP) Date.

Design Engineering Lessons Learned

1. ROW Design Engineering firm has requisite experience preparing ROW documents

2. Require QC/QA process to ensure quality of the ROW Documents

3. Require Ownership info to be verified just prior to closing

4. Determine whether existing ROW is by deed or by prescription. (Don’t allow the DB to assume, require verification)

Appraisal/Valuation Issues

Consistency in methodology and use of comparable sales data

Out of state appraisers and review appraisers are not recommended, out of necessity out of state reviewer may be ok but not ideal.

Single review appraiser or at least one reviewer per identified segment of the project for consistency purposes

Acquisition Issues

Monitor to ensure that policies and RFP are followed Require good faith negotiations Do not allow DB to use Right of Entry (ROE) unless other means to acquire

have been exhausted Use Right of Occupancy Agreement (ROO) responsibly and only if owner is

willing to negotiate and or mediate differences of value If ROO is obtained DB must follow up to acquire or condemn based on

negotiated time line (negotiated with property owner) with authorization of the DOT

Condemnation Resolutions prepared timely Condemnations may only be withdrawn by the Director of ROW

Relocation Issues

Ensure that proper notices are prepared and issued Ensure that advisory assistance is appropriate and timely given Make sure that DOT pre-authorizes studies and notices of eligibility before DB

issues them DB to keep log current and available to the DOT after each contact with

property owner or displaced person Sky is not the limit for relocations! Rush to clear should not result in super adequate and or inappropriate relocation

benefits offered DB must insure that agents employed on the DB project meet or exceed

minimum qualifications as if they were working directly for the DOT Agents employed by the DB must be familiar with the subject area to ensure that

what is thought to be comparable for replacement property is in fact comparable Agents employed by the DB must remember that they are the face of the DOT

and must conduct themselves accordingly

Property Management Issues

Salvage rights Lease agreements Terms of assumed leases Walk through and release of security or key

deposits Security issues Demolitions Surplus Property Staging Areas

The Most Important Lessons Learned by UDOT ROW

The RFP is your controlling document Write and re-write the RFP to make sure all expectations are

clearly written A commitment to oversight is required by the DOT

Don’t underestimate the amount of time and number of resources this will require

Hold the DB accountable, be assured that the DB will hold the DOT accountable

Manage Risk wisely and make the DB retain the responsibility of clearing ROW after the NTP date as stipulated in the RFP

Additional Lessons Learned

Monitor the QC/QA process to make sure it is adequate and effective

Have a strong Public Information component of the DB team

Make sure the DB carefully plans and conducts effective Community and Neighborhood focus meetings

Identify and work with 3rd party stakeholders early in the process

Include utility, outdoor advertizing signs, rail roads, local agency and or 3rd party agreements in the environmental document if possible.

If, not in the environmental agreement, develop utility, local agency and or 3rd party agreements as early as possible

Thank you

Samples of the latest version of our UDOT ROW RHP are available upon request and are posted on the Udot Webpage.

If you need more information about the ROW component of the DB process please contact me by email or phone.

kstein@utah.gov (801) 965-4057