UDOT Right of Way and “Design Build” Presented by Karen M. Stein UDOT Deputy Director of Right of Way
Jan 01, 2016
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.
[email protected] (801) 965-4057