UDOT Right of Way and “Design Build”

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.gov Video overview of UDOT’s program with emphasis on innovations is available on this website:

Traditional Design Bid Build Plan UDOT Staff or Consultant Design UDOT Staff or Consultant Clear ROW UDOT Staff or Consultant Build UDOT Staff or Consultant

Design Build Plan + 30% Design UDOT Staff or Consultant Design Design Build Consultant Team Clear ROW Design Build Consultant Team Build Design Build Consultant 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!

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 Engineering point of view

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 • Prepare list of parcels with high priority • Determine clear scope of work for the ROW Design • Prioritize 3rd party entities and all utilities • Provide the DB with a list of properties already acquired or which will be acquired by the DOT • Determine whether the DB will be responsible for the Closings and if so, will they provide Title Insurance • 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 • Develop a negotiated Flow Chart with the DB • Meet and discuss status on a weekly basis • 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 • ROW Design Engineering firm has requisite experience preparing ROW documents • Require QC/QA process to ensure quality of the ROW Documents • Require Ownership info to be verified just prior to closing • 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

UDOT Right of Way and “Design Build”