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The Truth and Consequences of Timely Project Delivery. What They Never Told You About “Streamlining” Your Project ***** Dave Leighow, Realty Specialist FHWA - HEPR. “What aren’t they telling me?”.
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The Truth and Consequences of Timely Project Delivery What They Never Told You About “Streamlining” Your Project ***** Dave Leighow, Realty Specialist FHWA - HEPR
“What aren’t they telling me?” • Understanding the truth of project scheduling impacts can help avoid the consequences of project delays and adverse impacts to affected persons.
“What do we do now?” Due to project schedule delays in Planning and Environment/Preliminary Engineering, we will be 10 months over our schedule if it takes 18 months to complete the ROW process.
Two likely options Add Time to Schedule Compress the ROW Schedule A reasonable approach is to extend the schedule 10 months to accommodate delays in the earlier phases of the project. This approach will ensure ROW has adequate time to carryout the land acquisition and relocation on the project. A more common approach is that the ROW schedule is compressed to make up the time missed in the earlier phases. This is a great way to put FHWA funds in the project in jeopardy.
Dialogue between an engineer and a ROW project manager Engineer: “We need to meet our schedule for advertising and letting this construction project! There’s federal money in this project.” R/W Manager: “So—what do you want, and when do you want it?” Engineer: “I need the properties on this map, and I need them before the scheduled ad date.”
continued……………………….. R/W Manager: “Okay. Based on the number and types of properties you need, we can do it in 18 months, assuming the plans don’t change and I continue to have all the necessary resources available.” Engineer: “18 months is unacceptable. Our ad date is 8 months out from NEPA clearance. Do whatever you have to do to make it happen!”
continued…………… R/W Manager: “So, what you’re telling me is, you really don’t want federal participation in this project?” Engineer: “I didn’t say that!” R/W Manager: “Actually, you did. Let me show you why!”
Authorization to advertise project 23 CFR 635.309 Authorization Authorization to advertise the physical construction for bids or to proceed with force account construction thereof shall normally be issued as soon as, but not until, all of the following conditions have been met:
Right-of-Way Certification 23 CFR 635.309(b): A statement is received from the State, either separately or combined with the information required by §635.309(c), that either all right-of-way clearance, utility, and railroad work has been completed or that all necessary arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedules.
Conditions of ROW Clearance 23 CFR 635.309(c) (1) All necessary rights-of-way, including control of access rights when pertinent, have been acquired including legal and physical possession. (2) Although all necessary rights-of-way have not been fully acquired, the right to occupy and use all rights-of-way required for the proper execution of the project has been acquired.
ROW Certification 23 CFR 635.309(c) (3) The acquisition or right of occupancy and use of a few remaining parcels is not complete, but all occupants of the residences on such parcels have had replacement housing made available to them in accordance with 49 CFR 24.204. The State may request authorization on this basis only in very unusual circumstances. This exception must never become the rule.
ROW Acquired by Regulation? 23 CFR 635.309(g) A statement has been received that right-of-way has been acquired or will be acquired in accordance with the current FHWA directive(s) covering the acquisition of real property or that acquisition of right-of-way is not required.
The Regulations Require: • Uniform and fair treatment • Just compensation—approved appraisal of fair market value • Written offer of just compensation to property owner • Good faith negotiations • Reasonable time to consider the offer • Relocation assistance for displaced persons • Minimum 90 days before requiring move (and much more!)
Dialogue – The Sequel Engineer: “So, what I hear you saying is that if I want to keep federal money in my project, I need to certify that the R/W is clear AND that we’ve followed FHWA’s directives?” R/W Manager: “Yep, you’ve got it! If we don’t comply with FHWA’s regulations, we’re paying for it out of State funds.”
continued………… • Engineer: “So tell me—is there anything we can do to move the R/W work along a little faster and not lose fed funds?”
continued………… R/W Manager: “Actually, there are. Here are three good suggestions: • Don’t blow your schedule in preliminary engineering and environment; you can’t count on making that up in R/W. • Reduce the number of plan changes; shoot for none! • We’ll talk about some early acquisition options.”
What the ROW Manager said: 1. Like the youngest child who often gets the hand-me-downs, R/W comes at the end of the pre-construction process. Consequently, if schedule delays occur in preliminary engineering, there is an expectation they will be made up in R/W. That usually doesn’t work and jeopardizes your federal funds.
continued……… 2. If plans change after negotiations begin, new or revised appraisals and offers may be required. That adds time to the schedule.
continued………….. 3. Here are some early acquisition opportunities: • Hardship and protective acquisition. • Acquire with State or local funds in advance of NEPA clearance. These options do have some conditions attached. • They cannot influence the decision on an alignment • They must be in accordance with the Uniform Act
ROW Manager: “You can get it when….” • You have complied with federal requirements on federally-funded projects • You have certified R/W clear for advertising • If you certified under 23 CFR 635.309(c)(3), you have done so under very unusual circumstances only, and protected any remaining occupants from “…unnecessary inconvenience and disproportionate injury or any action coercive in nature.”
Engineer: “We want fed $$$, so… … here’s what we’ll do: • We’ll identify some properties to acquire early before we finish the NEPA work. • We’ll adjust the schedule to ensure you have enough time to get the right-of-way bought. • I’ll work together with you to ensure we reduce the need for plan changes.” • Together, we’ll git-er-done!
How to avoid project delays: • Involve ROW early in the project. • Ensure continuous involvement of ROW in the project. • Allow adequate time in the schedule for ROW. • If delays are encountered in planning, environment, or preliminary engineering, address them during those phases. • Reduce plan changes to reduce redundant work in ROW. • Use early acquisition—the risk can be managed.
“Truth or consequences?” • Following these tried and tested recommendations can help ensure your schedule is accomplished. • “Streamlining” can work, as long as you involve the various project disciplines EARLY and OFTEN in the project. • Use this Mantra: “Let’s solve problems BEFORE they become problems.”
QUESTIONS? This Webinar was brought to you by FHWA’s Office of Real Estate Services http://fhwa.dot.gov/realestate (Local agency in California, please contact your local Caltrans Right of Way for any further questions office at: http://www.dot.ca.gov/hq/row/localprog/index.htm)
