Slips, Trips Success Failure is Not an Option Slips Cost Time if - - PDF document

ER LPE Presentation

Slips, Trips …… Success Failure is Not an Option

Slips – Cost Time if Not Caught Early

Our interest is to help you succeed…. R/W = Property Right… R/W Involvement in the Preliminary Engineering (PE) Phase ‐ Checks by Local Programs Office (LPO)

• Is R/W identified in the Project Prospectus?
• If Yes – Give Local Agency (LA) Terri’s name and contact information, so she is engaged at the earliest possible time.
• Terri will work with the LA to develop or update their Right of Way Procedures. (Approved by Michelle Newlean)
• If No – LPO call’s Local Agency contact to go over project scope to ensure they understand what can trigger the need for

property rights; Meaning Certification

• If in doubt – Advise LA to review Property Rights flow charts and No R/W Verification Check List (LAG 25; Appendix 25.174 –

25.176)

• Is R/W Phase in the State Transportation Improvement Plan (STIP)?
• Doesn’t need to be for PE authorization, but a subsequent phase is required in the STIP for NEPA approval (Typically R/W).
• Lets talk more about the STIP as it relates to your R/W Phase….

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ER LPE Presentation

Slips…. Cont.

State Transportation Improvement Plan (STIP) Refer to Local Agency Guideline Manual (LAG) 12.4

• Among other documents ‐ To authorize federal R/W funds ‐ R/W Phase must be shown in the STIP
• STIP covers 4 year programming period; Updated Annually
• Local Programs / Federal Highways (FHWA) can authorize these funds if R/W Phase is in any of the 4 years.
• SRTC has 2 year programming window for authorization by internal policy

Typical Reasons why R/W Phase not in the STIP

• Funds not reasonably identified to support the R/W Phase within a 4 year programming period
• Early Project Scoping didn’t identify the need for property rights
• During Project Development/Design, R/W needs are discovered
• Lack of communication ‐ Programming staff not told that the project will be built in the coming year
• Was in previous year’s STIP, but Agency forgot to carry it forward into next years STIP, etc.

Adding Project and/or R/W Phase through an Amendment can delay project 1.5 to 2.5 months. Depending on timing of Amendment‐ Could cost agency a construction season.

Trips that can CostYou‐ Big Time

Local Agency funded R/W phase (Assuming fed money in Construction Phase)

• Potential of less involvement or oversight by LPO early in the process
• Make LPO aware of intent, and involve Terri early
• Must follow the Uniform Relocation Act to acquire property
• Must have approved R/W Procedures
• To Certify, Terri must review and approve R/W Plan, Relocation Plan, Appraisals, PFE, and Parcel Files (Provide as you go)
• Must be Certified before requesting Construction funds.

When does the R/W Phase Begin?

• Once R/W funds are authorized – R/W Phase Begins with Offers.
• But Before Offers are made, must have:
• Approved R/W of Procedures
• Your Offer letter(s) reviewed and approved by Terri

Trips that can CostYou‐ Big Time….. Cont.

Temporary Construction Easements (TCE), and Temporary Construction Permits (TCP)

• If TCE’s purchased too early, may expire prior to construction or completion of the project
• Temporary Construction Permits (TCP) vs. TCE’s (LAG 25, Appendix 25.174 & 175)
• Meet with LPO if you’re thinking all you need are TCP’s to construct your project…. May not be the case.
• TCP’s – Review 49 CFR 24.101(c)(2) – Basically – Work done through mutual agreement for the sole benefit of the property owner
• If Project just needs TCP’s or General Permit from another Governmental Agency, No R/W Cert Required

When Willing Sellers become Unwilling Sellers

• Eminent Domain – Condemnation. Many LA’s are reluctant to use this tool to meet project timelines..
• With Condemnation comes Possession and Use Hearings, Court dates, etc.
• Non use of Eminent Domain – Can lead to Protracted Acquisition Process
• Be very aware of Project Agreement End Date (LAG 22.1)
• Be very aware of other time sensitive funding commitments
• Communicate with Project Manager on R/W process timelines
• Directly affects project schedule milestones; R/W Cert, Advertisement Date; CN Start

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ER LPE Presentation

To Guarantee Successful R/W Delivery

Successful R/W Phase Delivery is Defined by meeting the timeframe you committed to in your project documents while meeting all the federal aid requirements

How to Make that happen?

• Scoping project(s) wisely, making sure to consider any R/W (Property Right) that might be needed (TCE’s, easements, fee)
• Have a talk with your LPO contact, if you suspect there’s even a remote possibility of needing even the most insignificant property

right imaginable for your project….

• Involve Terri and the LPO early in the process
• If R/W is being acquired with local funds, contact Local Programs and Terri before starting to talk to land owners
• Project Managers un‐optimistically assess risk of unwilling sellers; the use, or non use of Eminent Domain; and other potential R/W

delays

• Project Managers coordinate closely with Real Estate Staff and/or Consultants to understand acquisition timelines to build accurate

schedule and set realistic delivery expectations.

• Hold a R/W kick‐off meeting for complex projects. Invite FHWA on down if necessary.
• Make sure R/W phase is in STIP (Some where in 4 year programming period typically)
• Monitor Agreement Phase End Dates, Funding Deadlines, and Delivery Commitments closely.

Questions, Comments….

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