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…. 1

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 2

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…. 3