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 (2Step) (continued) VDOT issues a Request for Proposal from short- listed 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