Coordination of Right of Way on DesignBuild Contracts

Coordination of Right of Way on Design-Build Contracts By- Richard Bennett State Right of Way Director Virginia DOT

Overall VDOT Design-Build Process • Mostly use two-step process • More defined smaller project uses one combined process • P 3 projects are generally unsolicited

Design-Build Procurement (2 Step) • Internal review to determine projects suitability for D-B and information available • VDOT issues request for Statement of Qualifications (SOQ) providing general project information • Selection Committee established • SOQ received from offerors (usually Contractors are Prime) • Selection Committee evaluates SOQ and shortlists 3 offerors

Design-Build Procurement (2 Step) (continued) • VDOT issues a Request for Proposal from shortlisted offerors • RFP includes specific requirements including Right of Way acquisition methods and utility relocation coordination • RFP response is a separate detailed technical proposal and cost proposal • Selection Committee evaluates technical proposal (30% score) and then opens and evaluates cost proposals (70% score). May involve interview • Project awarded to offeror with highest total score

Right of Way Involvement • Part of internal review is to determine ROW requirements – Can project be built in existing ROW – Is fee needed or only temporary construction easements – Potential for VDOT to acquire prior to award – ROW acquisition in D-B contract

Right of Way in Design-Build Contract • Creation of ROW allowance for payment • Establishes qualification for ROW Team • Establishes general requirements of process • All consultant cost included in set bid price

Right of Way Coordination • D-B contractor submits detailed ROW plan after award for DOT approval • D-B contractor submits detailed schedule to submit plans for approval and to acquire properties and relocate displacees • Work flow process is mapped and response timeframes are set (usually 15 to 21 days) • Often weekly or biweekly Over The Shoulder (OTS) reviews are included

VDOT Right of Way Reviews & Approvals • Completeness of plans for public participation meeting. • Plans adequate for approval to acquire ROW • Notice to commence acquisition (Project or Parcels) • Approval of appraisal and just compensation

VDOT Right of Way Reviews & Approvals (continued) • Review and comments on displacee interviews • Review and approval of RHP and Moving Costs • Review and approval of settlement above offer • Review and approval of eminent domain filings

VDOT Right of Way Reviews & Approvals (continued) • Certification of parcel/project clearance & notice to commence construction • Payment of landowner or displacee compensation

Right of Way Certification • As parcels are cleared through Option or Eminent Domain a certificate and notice to commence construction is issued • Most projects involve certifying a group of parcels together (re-same block or construction feature)

Design-Build Contractor Provides • Preliminary Title Report • Appraisal and Appraisal Reviews (separate subs) • Negotiations (30 days min. ) • Relocation Assistance Services & computations • Settlement recommendations

Design-Build Contractor Provides (continued) • Eminent Domain Documents for refusals • Option agreement and closing documents for voluntary conveyances • Closings, Recording and Title Insurance • Complete file

Quality Control • Over the Shoulder reviews • Appraisal and Just Compensation Approval • Negotiation Report for Closing or Eminent Domain filing • Relocation activities and RHP calculations

D-B vs. VDOT Issues • • • Timely resolution of design issues Limits of right of way to be acquired Limited Access issues Appraisal quality and scope Adequacy of negotiations Pressure to complete parcel for construction access • Cost of design changes for ROW issues