northwest regional right of way conference the hilton, vancouver, washington october 27, 2015 lynn...
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Northwest Regional Right of Way ConferenceThe Hilton, Vancouver, WashingtonOctober 27, 2015
Lynn PetersonSecretary of Transportation
Oversight ExpectationsAfter the Right of Way
Consultant is HiredDianna NausleyWSDOT, Local Programs Right of Way MangerRight of Way Services
Oversight Expectations After the Right of Way (ROW) Consultant is Hired
Is your agency engaged?
Where we’ve been, where we are, and where we are going………………
WSDOT Staff vs Number of Projects Certified
Past & Current Oversight Issues
WSDOT Oversight Practices
Federal Government Emphasis on Oversight Activities
Moving Forward with Project Delivery
Best Practices for Oversight/Management
Experienced & Qualified ROW Consultants
Benefits of Adequate Oversight
Why we need oversight? Who is responsible?
What is the responsibility?
How do we comply?
Federal Requirements for:
Program Oversight
Use of Private Consultants
Responsibilities for Oversight
Available Resources to Locate Information
10-23-2015 (DN)
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10-23-2015 (DN)
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Why We Need Oversight on Federally Funded Projects?
State Department of Transportation has overall responsibility for
Program Oversight
23 CFR 710.201(a) and (b) – State Responsibilities
(a) Organization. Each DOT shall be adequately staffed, equipped, and
organized to discharge its real property-related responsibilities.
(b) Program oversight. The DOT shall have overall responsibility for the
acquisition, management, and disposal of real property on Federal-aid
projects. This responsibility shall include assuring that acquisitions and
disposals by a State agency are made in compliance with legal requirements
of State and Federal laws and regulations.
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Why We Need Oversight on Federally Funded Projects?
Through agreement (ROW Procedures) LPAs carry out WSDOT’s
authorities
23 CFR 710.201(h) – State Responsibilities
(h) Use of other public land acquisition organizations or private consultants.
The DOT may enter into written agreements with other State, county,
municipal, or local public land acquisition organizations or with private
consultants to carry out its authorities under paragraph (b) of this section.
Such organizations, firms, or individuals must comply with the policies and
practices of the DOT. The DOT shall monitor any such real property
acquisition activities to assure compliance with State and Federal law and
requirements and is responsible for informing such organizations of all such
requirements and for imposing sanctions in cases of material non-
compliance.
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Why We Need Oversight on Federally Funded Projects?
State DOTs and local agencies share in the responsibility of
providing oversight on federally funded ROW projects
Required in order to use federal funds
Optimize full amount of federal funds
Get projects certified
Protect federal government’s level of investment
Local agencies may be required to follow certain conditions outlined
in the Agency’s Approved ROW Procedures
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Who, At the Agency is Approved to Perform What Function?
State ROW Program
Region offices have qualified appraisers, review appraisers, negotiators, and
relocation agents
Local Agency ROW Program – Approved ROW Procedures
Identifies who is approved to do what function within the overall acquisition
process
If you are not approved for the function you cannot do it.
Requires specialized training-must have LP approval to replace/add staff
Projects are not being certified until agencies complete the update process.
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What is Your Agency’s Required Responsibility?
Follow federal and state laws and regulations
Follow approved state DOT Manuals
Right of Way Manual
Local Agency Guidelines Manual - LAG
Manage consultants during the ROW process
Obtain complete ROW files from consultants
Maintain official agency files
Be available to answer questions during certification reviews
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How to Find Resource Information?
Federal Highway Administration Webpage
Division Offices: http://www.fhwa.dot.gov/about/field.cfm
Headquarters: http://www.fhwa.dot.gov/about/hq/
State DOT Webpage: http://www.fhwa.dot.gov/about/field.cfm
WSDOT ROW Manual
WSDOT Local Agency Guidelines Manual (LAG)
LAG 25.2 Outlines requirements
LAG 25.91 – Qualifications for all disciplines
LAG 25.6 – Appraisal Review requirements
LPA-001 – Approved ROW Procedures
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WSDOT ‘s Story
Real Estate Services & Local Programs
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WSDOT Staffing
RES
Projects Certified
WSDOTStaffLAC
Projects Certified
Northwest 23-17 68 1 115
North Central
4-2 16 1/2 32
Olympic 14-8 22 1 77
Southwest 9-6 13 1/2 59
South Central
7-6 18 1/2 49
Eastern 13-12 7 1/2 41
HQ 35-33 n/a 2 n/a
Totals 105-84 151 6 373
WSDOT Staffing
RES
Projects Certified
WSDOTStaffLAC
Projects Certified
Northwest 23 8 1 28
North Central
2 0 C 10
Olympic 7 4 1 14
Southwest 5 1 C 6
South Central
6 1 1 8
Eastern 11 2 C 5
HQ 29 n/a 1 n/a
Totals 83 16 4 71
2013 = 94 projects2014 = 74 projects
Real Estate Services & Local Programs
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# Projects Delivered by Consultants2010-2014
Type Projects Delivered by Consultants
2015
Type
Northwest 3 Appraisal 8 115
North Central
1 Appraisal 0 n/a
Olympic 5 Appraisal 2 Appraisal
Southwest 1 Relocation 0 n/a
South Central
2 Appraisal 0 n/a
Eastern 7 Appraisal 2 Appraisal
Mega 6 Appraisal & Acquisition
0 n/a
Totals 25 17% 12 75%
Agencies on Approved
Procedures2010-2014
Agencies on Approved
Procedures2015
Northwest 57 59
North Central
7 13
Olympic 32 37
Southwest 21 22
South Central
23 26
Eastern 18 18
Totals 158 175
Only small percentage of projects are delivered by qualified local agency staff
Most agencies hire qualified ROW consultantsProject Certified = 151 Project Certified = 16
Who Handles Oversight of Consultants
State ROW Program
Region RES Manager
Review Appraiser or Senior Appraiser
HQ Title Examiners
Local Agency ROW Program
Agency – Person approved for Program Administration function
WSDOT – Local Agency Coordinator
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Past Oversight Issues in Washington State
General Concerns
Lack of Tracking for oversight activities
Non-qualified consultants performing ROW activities
Approving corrective actions without authority from FHWA
State ROW Program
Project offices hiring sub consultants under A&E contracts with no involvement
from the Real Estate Services office
Local Agency ROW Program
Lack of documentation for certification reviews resulting in certification of projects
where same issues were repeated
Local agencies not following Approved ROW Procedures
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WSDOT’s ROW Oversight Practices
Certification Reviews
Not engaged with consultants
Turn-key projects
Non-qualified ROW consultants
Review and Approval of ROW Procedures
Staff Qualifications – resume submittal
Consultant Qualifications - nothing
Technical assistance to ROW Consultants
Direct contact without agency or RES involvement
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Federal Government Emphasis on Oversight
Federal Audits/Reviews
Finding – material weakness in oversight of Local Agency Program
What are state DOTs doing regarding oversight of ROW activities?
Concerns that local agencies projects are handed off to ROW consultants
without involvement from the local agency
Who is qualified to perform ROW activities?
Local FHWA Division Office Concern
Lack of understanding what is meant by oversight of consultants
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Current Oversight Issues in Washington State
State ROW Program
Permits not included with certification package – Sufficient Property Rights
Timely submittals for review
Local Agency ROW Program
Not acquiring Sufficient Property Rights
Files lack documentation of LPA involvement in decision making for items
requiring agency decision
Local agency trend of not following Approved ROW Procedures
Consultants not being aware of who is approved to perform specific ROW activities
Agency staff performing functions they are not approved to perform
Other agency departments using federal aid without awareness of federal requirements to follow the
process (Uniform Act) or involve those that are on Approved Procedures
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How will we move forward to deliver projects?
WSDOT Projects
Only replacing positions that are on the overall agency hiring plan
Will use ROW consultants
Project Manager business model – consultant oversight
Local Agency Projects
Will continue to use ROW consultants to deliver projects
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Best Practices - Oversight
Engage Professional Services when need
Ensure consultant is experienced & qualified
WSDOT’s effort to approve consultants performing ROW activities
Check references of the consultants
Only use Appraisers and Review Appraisers from WSDOT’s Approved Appraiser
List
Acquisition consultants must be licensed in Washington State
Ensure contracting requirements are followed
Be engaged with your consultant
Schedule kick off meeting to set expectations
Schedule regular status meetings
Be involved with consultant in discussions & decisions
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Best Practices - Oversight
Manage consultant field work in addition to status meetings
Review agent’s current diary and supporting documentation when approving
recommendations for payments, administrative settlements, clearing or accepting
encumbrances, and ensure diary entries include line items for submitting
approvals
Require complete acquisition from consultant when final settlement is reached
and file is submitted for closing and/or condemnation
Review file documentation including diaries prior to requesting certification review
Read emails and be involved in conversations consultants have with WSDOT and
make sure they are detailed in the diary
Review and approve actions/decisions recommended by consultants
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Best Practices - Oversight
Agency Approvals & Decisions
All decisions and approvals made by acquiring agency, including
recommendations from consultants used in agency’s decision process needs to
be documented
Complete & Accurate File Documentation
Must include a diary of ROW activities
Complete and organized file
Retain files for a period of time consistent with the federal retention requirements
Certification Review (Quality Control)
All acquisition and relocation files need to be reviewed by the agency/region prior
to requesting a certification review
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Best Practices - Oversight
Know your agency’s authorities
Who approves Just Compensation, administrative settlements,
administrative offer summary (AOS) etc….?
Share Approved ROW Procedures
Research federal regulations to find answers
Take classes and attend annual DOT meetings
Use the DOT’s website
WSDOT – Sign up for Gov Delivery Email & LTAP (Local Technical
Assistance Program
Manage project schedules and scope creep
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Benefits of Proper Oversight
Protects against risking the loss of federal funds and/or federal
participation
Provides ability of the agency to “certify” to FHWA that their
project is in full compliance so your project can be certified for
construction
Protects level of FHWA investment
Assures ROW files are complete and in compliance with
federal/state laws and regulations
Assures that property owners/occupants were treated fairly
and consistently
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