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Appendix D. Utah DOT Right-of-Way Procedure Part 19C: Right-of-Way Acquisition Procedures for inclusion in Design Bu

GENERAL REQUIREMENTS

General Scope. Acquire Project right-of-way (ROW) and conduct activities related to ROW acquisition in accordance with the requirements of this Appendix B to Part 6C. These ROW activities include, but are not limited to:

  1. Mapping.
  2. Deeds.
  3. Appraisal.
  4. Appraisal review.
  5. Negotiation.
  6. Acquisition.
  7. Title insurance procurement.
  8. Title clearance.
  9. Acquisition closings.
  10. Condemnation support.
  11. Relocation assistance.
  12. Property Management.
  13. Clearance and demolition of improvements.
  14. As required, environmental testing and remediation.
  15. Verify or re-establish existing right-of-way.

Legal Role. Function as Agent for the Department while acquiring ROW for the project.

Department Approval. Obtain the Department's approval of all ROW Design Documents, appraisals, requests to acquire ROW, acquisition documentation, acquisition settlements, Right of Way Contracts, Relocation Notices of Eligibility, Relocation Claims, and requests to commence condemnation proceedings. Provide the Department with all specific reports and supporting documentation for review and approval during the acquisition process.

ROW Costs. Pay the costs of all services and documentation preparation for ROW acquisition and related relocation assistance. The Department will purchase all properties acquired for ROW (relocation costs are included) including all temporary and perpetual easements required for construction. The Department will not pay for easements or ROW which is needed for staging areas.

Local Agency Payments. To facilitate the Department reimbursement of that portion of the ROW costs to be borne by the local agencies, coordinate with the Department and local agencies regarding accounting and approval of these costs.

Additional Properties. Pay the costs of acquisition and relocation expenses (plus the costs of all acquisition and relocation services and documentation preparation) of any additional ROW necessary to accommodate a Department approved change in design, and temporary rights or interest in real property that in the discretion of the Design-Builder is deemed necessary or advisable to acquire for work space, contractor lay-down areas, material storage areas, or other convenience. The Department will not be obligated to exercise its power of eminent domain for, nor will it have any responsibility for, the acquisition, maintenance, or disposition of Additional Properties, or of any temporary right or interest.

Utilities. For acquisition of existing Utility property interests, comply with the process and requirements set forth in Part 6A—Utility Requirements.

Referenced Standards and Publications

Referenced Standards

General. Conduct all ROW acquisition activities in accordance with the relevant requirements of the standards listed by priority in Table 19C-B-1.

Conflicts, Priority, and Ambiguity. If there is any conflict in standards, adhere to the standard with the highest priority. However, if the Design-Builder's Proposal has a higher standard than any of the listed standards, adhere to the Proposal standard. If there is any unresolved ambiguity in standards, obtain clarification from the Department before proceeding with design or construction.

Table 19C-B-1: Referenced Standards for Right-of-Way Acquisition
Priority Author or Agency Title
1* Design-Builder Contract for the Project
2 UDOT Request for Proposals, for the Project
3 UDOT tandard Drawings

* Only to the extent that it exceeds another listed standard.

Referenced Publications

Supplementary Guidelines. Use the publications listed in Table 19C-B-2 as supplementary guidelines for the practices, procedures, and methods to be used in ROW acquisition. These publications are listed in alphabetical order by the author or issuing agency, and then by title, as they have no established order of precedence.

Table 19C-B-2: Referenced Publications for Right-of-Way Acquisition
Author or Agency Title
Appraisal Institute Uniform Standards of Professional Appraisal Practices (USPAP)
FHWA Right-of-Way Project Development Guide, Federal Aid Policy Guide (FAPG)
FHWA Uniform Appraisal Standards for Federal Land Acquisitions and USPAP
UDOT Manual of Instruction-Right-of-Way (Design, Part 10) and current UDOT Standards and Practices.
UDOT Project Development Process Manual
UDOT Right-of-Way Operations Manual (Policies and Procedures)
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and Implementing Regulations found in Title 49 Code of Federal regulations Part 24 and Code of Federal regulations 23 CFR Part 710.313.

*If no date is given, the most current version as of the NTP date shall be used for reference.

ROW Schedule

Department Review and Approval

Submittal. Within twenty Working Days after issuance of NTP, submit a schedule for the acquisition and delivery of ROW to the Department for review and written approval. Include in the schedule the following:

  1. The beginning date and anticipated completion date of ROW acquisition.
  2. Priorities for parcels whose acquisition will significantly impact the Project Schedule and/or affect its Critical Path.
  3. Restriction of Department reviews to a maximum of twenty appraisal or acquisition files at any given time.

Implementation. After Department approval, implement the approved schedule as the ROW schedule and integrate it into the Project Schedule

Additional Properties. Notify, in advance, the Department of all Design-Builder Additional Properties and temporary rights or interests in real property to be acquired by the Design-Builder and obtain prior approval for the acquisition of any additional ROW required due to a design change. Comply with all requirements in Part 4 Appendix 4C (Environmental).

Acquisition Files. Submit all complete appraisal or acquisition files to the Department for review and approval, in accordance with Section 19C-B.6.4 (ROW Appraisal and Acquisition File Approval). For submittals of more than one appraisal or acquisition file at any given time, indicate the priority of required review in order to meet the ROW schedule. Each acquisition file shall contain one copy of the appraisal(s) and appraisal review.

Relocation Files. Submit relocation plan and relocation files in conjunction with the acquisition files (for all parcels identified which will require displacement) to the Department for review and approval in accordance with this Section. All acquisitions which will require a relocation must be prioritized to meet the ROW schedule.

Review Period. Assume that the Department reviews will require ten Working Days per twenty appraisal or acquisition files within any given ten Working Days. (The Department intends to review these files as expeditiously as possible.) However, the Department may defer its review of such excess files to a later period of ten Working Days, in which case it will so notify the Design-Builder within ten Working Days after its receipt of the files.
All submittals without a cover letter requesting a Review will be considered courtesy reviews only and the ten Working Days will not apply.

Electronic Summary/Design Packages. All right-of-way design packages are to be submitted to the Region Right-of-Way Engineer for a Review and upon completion will be forwarded to Central Right-of-Way for a Conformity Review. The Department will consider as excess any submittals that require review of more than twenty ownerships with each summary submittal, within any given ten Working Days. The Department may defer its review of such excess files to a later period of ten Working Days, in which case it will so notify the Design-Builder within ten Working Days after its receipt of the files.
All submittals without a cover letter requesting a Review will be considered courtesy reviews only and the ten Working Days will not apply.

Schedule Delay. Assume responsibility for any delays to the Project Schedule that result from submittal of inadequate or incomplete appraisal or acquisition files and/or the inability of the Design-Builder to acquire any ROW in a timely manner.

Deficiencies. A Design Package, an appraisal, acquisition or relocation file shall be deficient, as determined by the Department, if any of its components contains any error or omission or if it fails to meet any of the criteria established in this Appendix B. Upon Department notification of a deficiency, correct such deficiency, and resubmit the file to the Department. The Department will review the re-submittal and notify the Design-Builder of any deficiencies in the resubmitted file within five Working Days of the Department's receipt of the re-submittal.

ROW Scope of Services

General. Complete all administrative activities and prepare all documentation sufficient to acquire the ROW and Relocate the displaced persons. Obtain the Department's review and approval of all appraisals, legal descriptions, acquisition documentation, purchase prices, and funding and closing procedures. Do not commence any negotiations with landowners until the amount of Just Compensation has been established by the Department. Incorporate 35 days into the schedule for negotiations. Include a minimum of one personal contact per ownership during the 35 day negotiation period with at least two follow up contacts unless or until the agent is successful in reaching a settlement agreement with the owners after the first or second contact.

Eminent Domain. If the Design-Builder and landowner cannot agree upon a purchase price acceptable to the Department, the Department may, at its sole discretion, approve an acquisition through condemnation or eminent domain procedures. Do not begin eminent domain procedures without an approved acquisition memo as part of the acquisition file. Provide legal support services for acquisition through condemnation and eminent domain procedures. The Design-Builder shall incorporate 90 calendar days into the schedule for eminent domain procedures. The 90 calendar days begins on the day the case is received by the court which is at least 30 calendar days after all required documentation is submitted to the Attorney Generals office. (Please note: the 30 day period allows for in state service of the summons to in state grantors or parties of interest. If there are parties of interest who reside out of state and who are temporarily out of the area, this time line may need to be extended.)

  1. The Acquisition File for condemnation purposes must contain an approved memo from the Director of R/W to the Attorney Generals office. Attached to the memo and the request for condemnation are several documents including copies of the following: 40 Year Title Report, Agent's log, Appraisal, Appraisal Review, map, statement of just compensation, ownership record and any other documents that would be relevant for the attorney representing the agency. The acquisition file should contain: 2 copies of the appraisal, and 2 copies of the appraisal review along with two copies of the agent's log and any other relevant information that the Attorney General's Office may need to review to properly prepare for the condemnation.
  2. Providing that the Design Builder has provided the appropriate documents with the request for condemnation (including but not limited to the title report, an error free legal description and error free map of the parcels) UDOT will submit the completed Condemnation Resolution to the Attorney General's Office within 5 working days after the division has approved the request for condemnation.

Construction Clearance. Do not begin construction on any real estate until specifically approved by the Department after all property rights for the Project have been conveyed in favor of the Department or a Right of Occupancy Agreement, Court Order to Occupy or a Right of Entry Agreement has been validly executed by all applicable parties of interest.

Legal Compliance. Complete and document all ROW activities in compliance with applicable laws (including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, the Utah Relocation Act, and other applicable rules and regulations. Prevent fraud, waste, and mismanagement.

Communications. In all correspondence with the Department relating to acquisition of real property, include the following information (at a minimum) in a heading:

  1. County.
  2. Region.
  3. Project Name.
  4. Project Number.
  5. Pin Number.
  6. Highway Designation.
  7. Project Limits.
  8. UDOT Parcel Number(s).
  9. Assessor's Parcel Number(s).
  10. Name-of-record owner(s).

ROW Surveying and Mapping

Standards. Perform all ROW surveying and mapping and prepare all ROW documents in accordance with the UDOT Manual of Instruction, Right-of-Way, Part 10, and the UDOT Survey Manual.

Design Package/Electronic Summary In each Electronic Summary or Design Package prepared and submitted for Department approval, include the following items:

  1. Electronic Spreadsheet Summary: An electronic spreadsheet with the following information:
    1. Summary Submittal Number;
    2. Pin Number;
    3. Project Number;
    4. Parcel Number;
    5. Type of Granting instrument (fee, easement, etc.)
    6. Name of owner(s);
    7. Address of property owner;
    8. Type of vesting deed;
    9. County Recorder Entry, Book and Page for vesting deed;
    10. County Tax ID#;
    11. Section, Township and Range of Parcel;
    12. Latitude and Longitude of Parcel;
    13. Acreage and / or square footage;
    14. Property type;
    15. Contact information for licensed Land Surveyor in charge; and
    16. Document preparer to include the company contact information for the person responsible for creating the ROW documents on the cover sheet of each ROW submittal.
  2. Legal Description: A complete, separate legal description of each parcel that is in a recordable form acceptable to the Department and that includes:
    1. The form of granting instrument (fee, easement, etc.) adequate to effect the desired acquisition of the parcel.
  3. Right of Way Map: The Right of Way Map, as prepared by the Land Surveyor, and a 11"X17" preliminary Right of Way Sheet and ownership Summary Sheet for each Parcel submitted.
  4. Ownership Record: An Ownership Record on a UDOT RW-51 form going back five years or until a Warranty Deed is found.
  5. Prepare Summary of Right-Of-Way (From RW-53).
  6. Submittal of Documentation: Deliver all reports, correspondence and documents relating to ROW acquisition to the Department in both electronic and hard copy formats or as otherwise requested by the Department.

JOB-SPECIFIC SERVICES

General. Perform the following job-specific ROW acquisition services:

  1. Title Acquisition: As more fully described in the following subsections, provide all services necessary to:
    1. Acquire title in the name of the Utah Department of Transportation to the ROW, in form and substance acceptable to the Department;
    2. Relocate displaced persons (i.e., displaced businesses, non profit corporations, small farms and residential occupants); and
    3. Clear and/or demolish the improvements from the ROW.
  2. Guidelines: Maintain a complete set of the UDOT Manual of Instruction, Right-of-Way, Part 10, UDOT ROW Acquisition Procedures; the UDOT Appraisal and Review Manual; and a current approved ROW map for public use.
  3. Meetings: Attend ROW meetings as requested by the Department.
  4. Letter to Property Owners: Provide a letter of introduction to each property owner who will be directly impacted by the project and/or occupant, as approved by the Department, on Department letterhead stationery, and signed by the Project ROW Coordinator or his/her designee.
  5. Submittal of Documentation: Deliver all reports, correspondence, and documents relating to ROW acquisition to the Department in both electronic format and as hard copy, or as requested by the Department.

Title Services

Title Company. Select and contract with one or more title companies approved by the Department.

Title Exceptions and Exclusions. All owners of record need to sign the conveying document. If new parties of interest are discovered during negotiations or vesting is other than was indicated on the original documents, the acquisition file shall be revised to include all corrected grantors and all appropriate forms, deeds and other documents will be revised accordingly.

Title Insurance. The Design-Builder is not required to provide title insurance. However, title reports must be provided to insure that the owners of record are accurately determined prior to the commencement of the Acquisition process.

Appraisal Services

General. For each ROW parcel acquired for the Department:

  1. Appraisals: Provide the Department with a fair market value appraisal prepared by an appraiser meeting the minimum qualifications established herein, unless the parcel can be valued under the waiver valuation provisions of the Uniform Relocation Act or the implemented URA regulations as described in the UDOT Operations Manual. UDOT will pre-approve the use of the waiver valuation on a per ownership basis. Waiver valuations are acceptable only for low-value, uncomplicated valuations. The Department's pre-approval of the use of waiver valuations may be requested on a per-ownership basis; no offer may be made to a property owner based on a waiver valuation without Department approval. (Just Compensation must be approved by the Department, not the Design-Builder).
  2. Guidelines: Prepare the appraisal in conformance with Law (including the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended), and in accordance with professional appraisal methods and applicable UDOT standards as described in the UDOT Right of Way Operations Manual.

Appraiser Selection. Select qualified, certified appraisers who are licensed by the State of Utah. Department approval is required for each appraiser and each review appraiser the DB plans to use for this project.

Pre-Appraisal Property Inspection. For properties which are improved with residential improvements that will be directly impacted by the project, provide a property (house, building, property, etc.) inspection report; prepared by a qualified inspector, to the appraiser. The report must include documentation of all deficiencies (i.e. mechanical systems, electrical systems, etc.) and comments about structural damages observed by the inspector. The inspection report should be an all inclusive formal Inspection Report. Each appraisal which includes the valuation of improvements, determined by the appraiser to have contributory value, must include an Inspection report, unless the Department determines, on a case by case basis that a formal Inspection Report is not necessary. The appraisal shall refer to the report, by reference, as part of the scope of the appraisal assignment.

Owner Contacts. Establish personal pre-appraisal contact with each owner of record and each occupant lessee or tenant. Contact shall be in person and in writing. The written contact may be but is not limited to the mailing of an introductory letter. Document all contacts using a form approved by the Department. Offer each owner of record, party of interest and any occupants, tenants and lessees; or their designated representatives, in writing, via certified mail return receipt, the opportunity to accompany the appraiser on the appraiser's inspection of the parcel. The appraiser shall maintain a record of all such contacts. Said report shall be included with the appraisal in the acquisition file. If the appraiser is not able to contact the owner by certified mail the appraisal shall use other reasonable and necessary methods to contact that owner and document the methods used in that effort. If contact is not possible or the owner(s) decline to accompany the appraiser for the property inspection, the appraiser shall document these facts in his/her appraisal report.

Appraisal Report. Prepare a complete appraisal report for each parcel that:

  1. Complies with and includes all matters required by this Appendix B and the UDOT ROW related manuals; and other applicable guidelines as described in Table 19C-B-2.
  2. Satisfies the requirements of the Appraisal Institute's Uniform Standards of Professional Appraisal Practices (USPAP) in effect at the time the appraisal is submitted.
  3. Is in the form approved by the Department.
  4. Includes all pertinent special analyses, studies, or reports, including but not limited to a Real and Personal Property Report, and/or an Inspection Report.

Compensable Interests. For each parcel, provide the Department with copies of all written leases, licenses, and other occupancy agreements to identify lessees, licensees, and other occupants with potential compensable interests in each parcel to determine the value of each such interest.

Environmental Concerns.

  1. Documentation: Document the environmental condition of the required parcel(s), based on field investigations and/or historical review and/or the project environmental permit, and make documentation available to the appraiser(s). Develop the following report(s) for the required parcel(s):
    1. An Environmental Site Assessment (ESA) Phase I;
    2. An ESA Phase II if the ESA Phase I determines that there is a potential environmental risk; and
    3. An ESA Phase III if the ESA Phase II report justifies it (including approximate costs to remediate the parcel to achieve its current use and its highest and best use).
  2. Department Notification: Submit timely written notification to the Department of any concerns that could require environmental remediation of or other special attention to ROW parcels and/or Additional Properties.

Appraisal Updates. When required by the Department (e.g., for eminent domain proceedings or to allocate values for ST parcels etc.), update appraisals and appraisal reviews.

Backflow Prevention. Examine local ordinances regarding requirements for meter supply backflow preventers, and/or other special conditions. In the appraisal report, consider the installation of any such appurtenances on the parcel remainder as damage and include it as part of the compensation package to the landowner.

Copies of Documents. When requested by the Department, provide copies of appraisal file documents as may be needed to respond to discovery motions or requests for production.

Appraisal Review

Appraisal Reviewers. Select a qualified appraisal reviewer that is independent from the appraiser and is experienced in appraisal reviews for transportation projects. Meet the requirements specified herein. Select only one appraisal reviewer for the Project to ensure report consistency and fairness unless there is a documented need to employ more than one review appraiser. The use of more then one review appraiser may be allowed, with justification, at the discretion of the Department.

Advertising Signs. Evaluate all outdoor advertising signs, as required, utilizing the appropriate forms and sign schedule, and/or as instructed by the Department. If applicable, provide location and other information about the signs which will enable the Design-Builder to provide all appropriate relocation assistance, including advisory assistance and prescribed 90/30 day notices to the owner of the signs

Additional Reports. Determine, in consultation with the Department, whether additional appraisal reports or technical expert reports are required. If so, initiate, review, and reconcile each report required.

Review of Appraisals. Review all appraisal reports for each parcel to determine their consistency of methodology, supporting documentation related to the conclusion reached, and compliance with UDOT standards, as defined herein and by the Appraisal Institute's Uniform Standards of Professional Appraisal Practices (USPAP) and theUDOT Policies and Procedures in effect at the time the appraisal is reviewed. Obtain from the appraiser written certification that all these standards have been met.

ROW Appraisal and Acquisition File Approval

Project ROW Coordinator. Before beginning ROW appraisal services, meet with the UDOT Project ROW Coordinator.

Guidelines. For all appraisal and acquisition files submitted for Department approval, follow the guidelines established in the UDOT Right of Way Operations Manual and applicable sections of the Manual of Instruction, Right-of-Way, and Part 10 and comply with the requirements specified.

Right-of-Way Negotiations

Legal Compliance. Conduct all negotiations in accordance with the requirements of the Law and applicable regulations. Acquisition Agents employed by the Design Builder for this project are not required to be licensed Real Estate Agents in the State of Utah. However, all acquisition agents hired to acquire real property for this project must be qualified agents approved by the Department.

Acquisition Agents/Negotiators. All agents working as Acquisition Agents or Negotiators shall be qualified and experienced. The Design-Builder and firm must obtain approval of each agent who will actually work on the Project. All agents must be fully qualified to perform the duties assigned. At a minimum, the agents must meet the qualifications described in the UDOT RFQ for ROW services. (The RFQ is available from the Consultant Services Page of the UDOT Website. A link to the RFQ is also available from the ROW page of the Department's website.) Agents must also have sufficient experience for the services they will perform for the design build project. Agents shall be adequately supervised by a qualified Design Build Managing Agent.

Work Flow Diagram. The Design Build ROW Manager shall prepare, in a format acceptable to the Department, t a work flow diagram or flow chart which documents the ROW acquisition process. The Flow Diagram shall be prepared and submitted to the Department for Department review within 10 days after the NTP date.

Contact Reports. Prepare, in a format acceptable to the Department, a separate Negotiator's contact report or agent's log which will document each meeting or conversation with any person (or their appointed representatives) who has a compensable interest in each parcel. All contacts must be noted in the agent's log which shall be available for view by the agency on a daily basis. The log entries are to be entered into the UDOT Right of Way ePM system as required by UDOT policies and procedures, as documented in the UDOT Right of Way Operations Manual.

Brochure(s). Produce informational brochure(s) subject to Department approval for distribution to all property owners, tenants, lessees or other parties of interest and to actual or potential displacees. The brochure is subject to approval by UDOT prior to distribution.

Presentation of Offer. For Residential property, within ten working days of the Department's establishment of Just Compensation, the agent shall prepare the offer to purchase and other required documents as part of the acquisition file. Once prepared, the agent shall present, in person, (when practicable), the purchase offer with the appraisal report on the subject property and applicable brochure(s) to, and only to, the property owner(s) or owner's designee. If the offer is presented by mail or e-mail, the agent shall explain in the agent log why the offer was not presented in person. Document the delivery of the appraisal report with a receipt signed by the property owner or designee. Upon acceptance of the purchase offer, maintain follow-up contacts as appropriate to secure any supplemental documentation needed to facilitate the closing. For non residential property, the agent shall follow the same steps noted above except for the appraisal report. The acquisition agent is not required to provide the property owner of the business property a copy of the appraisal report. Appraisal reports are to be given to the property owner if approved by the Department on an as needs basis. In lieu of providing the owner with a copy of the appraiser the agent shall provide sufficient information from the appraisal to meet the requirements of federal and state law, regulations and Departmental policies and procedures.

Negotiating for Compensable Interests. Identify lessees, licensees, occupants, or other parties with potential compensable interests and if appropriate, after consultation with the Department, negotiate with such parties for the acquisition of their compensable interests. Provide timely response to the verbal or written inquiries of any property owner, lessee, licensee, occupant or other holder of a compensable interest, as applicable, not more than 10 Working Days after the inquiry.

Acquisition Files. Maintain a complete Acquisition file for each ownership. All original documentation related to the purchase of the real property interests will be maintained either in conjunction with or separate from the relocation files in conformance with UDOT standards, manuals, and procedures and as specified herein. (If a separate relocation file is set up and maintained, that file must contain a copy of all pertinent information from the acquisition file, sufficient to satisfy the needs of the relocation agent, the Design Build reviewing agent, and the UDOT ROW coordinator or designated department review person. The Acquisition file must also include a reference to any relocation of displaced persons who occupy any parcel within the ownership. The file must include a copy of any relocation studies that are completed prior to the initiation of negotiations for the purchase of the subject property. The agent log must include any information about relocation assistance provided to the occupants including advisory assistance. Forward the signed original documents to the Project ROW Coordinator. The Project ROW Coordinator will update the ePM system with receipt dates for all documents and files received from the DB. The Coordinator will also confirm that all files are complete and ready for Department review. The file and all forms to be approved must be forwarded by the Project ROW Coordinator to the Department for required review and approval of all contracts, agreements, claims and forms that must be approved by the Director of Right of Way.

Administrative Settlement. If a settlement cannot be reached without an administrative settlement, advise the property owners, and other holders of compensable interests, or their representatives of the administrative settlement process. In all dealings with property owners and other holders of compensable interests, clearly represent and maintain that the Director of Right-of-Way or his designee has the ultimate decision authority regarding any settlement requests. All offers are nonbinding on the Department unless or until the contract is approved by the Director of Right of Way or his Deputy. Confer with and deliver to the Project ROW Coordinator any settlement request from property owners, lessees, licensees, occupants, or other holders of any compensable interest, as applicable, including a detailed recommendation from the Design-Builder in accordance with standards, manuals, and procedures as defined herein. Deliver the administrative settlement request and the Design-Builder's recommendation to the Department within five Working Days of receipt of the request.

Second Appraisals. If a property owner requests a second opinion of value or second appraisal the owner is to seek assistance from Utah's Private Property Ombudsman. The Department can and will pay for a second appraisal if directed to do so by the Ombudsman. In certain circumstances the agency may opt to pay for an additional appraisal without being directed to do so, but this is at the discretion of the agency and must be pre- approved by the Project ROW Coordinator or the Director of ROW.

Evaluation of Settlement Requests. If requested by the Department, participate in the evaluation of administrative settlement requests and attend the settlement meetings. When the Department has made its findings regarding a settlement request, provide a letter of response regarding the administrative settlement findings to the property owner, lessee, licensee, occupant, or other holder of a compensable interest, as applicable. If the property owner is within reasonable proximity of the Project, deliver all such response letters in person within three Working Days of receipt of findings. If personal delivery is not feasible, mail (with return receipt requested) the response letter not more than three Working Days following the findings by the Department, and telephone the property owner to discuss the settlement offer before mailing it. The Project ROW Coordinator, as needed, will call the Department settlement meetings to order. Report to the Department concerning the property of any and all leases or other encumbrances of the subject property, if any, and provide the Department with a copy of identified leases or other encumbrance documents. If the property is subject to a lease, determine the remaining lease term, rents collected and or security deposits held by the grantor. Provide applicable information about any other liens or encumbrances applicable to the subject property including but not limited to property taxes paid if any.

Final Offer Letters. Subject to the Department's prior written approval, prepare and deliver the Four Options Letter to the property owner, lessee, licensee, occupant, or other holder of any compensable interest, as applicable. The Four Options Letter shall be on the Design-Builder's designated right-of-way letterhead and shall be signed by the Design-Builder's Project ROW Negotiation Manager.

Conveyance Documents. Prepare and deliver documents of conveyance (including bisection clause and access clause, if applicable) to the property owner, lessee, licensee, occupant, or other holder of any compensable interest, as applicable, and obtain their execution of the same. Obtain notarization of all signatures on documents to be recorded, in accordance with Utah law.
Deliver the original recorded conveyance document or documents to the Project ROW Coordinator. Upon receipt, the Project ROW Coordinator will log in all documents received from the DB into the UDOT ROW ePM system.

Right-of-Occupancy Agreement.As a last resort, prior to submitting the file to the Department requesting a condemnation, secure a "Right of Occupancy Agreement" between the record title owner(s) and the Design-Builder. The Right of Occupancy Agreement shall grant the Department and the Design-Builder and/or assignees permission to enter and occupy the parcel. If the Design-Builder's best efforts could not result in a negotiated contract agreement or the Design-Builder cannot secure a Right-of-Occupancy Agreement, provide documentation acceptable to the Department that specifies the conversations, correspondence, and all other efforts made to secure the agreement. If occupancy is obtained using the Right of Occupancy Agreement, the Design-Builder must also provide a strategy or action plan to the Department describing what steps will be taken to secure a contract or a negotiated settlement agreement which will include a timeline which includes target dates for settlement and or escalation to condemnation if necessary.

Right-of Entry.

  1. Secure a Right of Entry for the purpose of constructing drive way tie-ins, or other features that benefit the property owner, but which are not required for the project. A Right of Entry is only applicable and approved for use when these construction features can be eliminated from the project if permission to enter and construct is not granted by the property owner or his or her designated representative.
  2. For all other purposes the Right of Entry Agreement shall be sought as a last resort only with written pre-authorization from the Department. The Right of Entry Agreement may only be used after all other methods to secure a Negotiated Contract Agreement or Right of Occupancy Agreement have been exhausted. As the Right of Entry only allows for temporary occupancy, the DB must provide documentation acceptable to the Department which supports the use of this agreement in lieu of a Right of Occupancy Agreement or negotiated contract. The DB must also provide an action plan to the Department describing what steps will be taken to secure a contract or Occupancy Agreement for the parcel that is to be entered with a Right of Entry Agreement. The Action plan and Right of Entry Agreement must be presented and approved by the Department before the DB enters or commences construction on the subject parcel.

Expediting ROW Acquisition. Remain open to all reasonable settlement requests (that comply with the regulations as outlined herein) from property owners that are feasible and help expedite the ROW acquisition process. Note that the Department encourages all positive and creative solutions that both satisfy the property owner and promote the success of the project.

Mediation and or Arbitration. The department encourages the use of mediation and or arbitration as a means for alternate dispute resolution. We encourage all attempts to mediate or arbitrate value or relocation issues in compliance with state statutes.

Closing Services

Request for Funding. Prepare a request for funding in accordance with the UDOT Manual of Instruction, Right-of-Way, Part 10, or as directed by the Department.

Closings. Attend closings as needed and as requested by the Department. Provide curative documents and exhibits as required and in conjunction with the applicable title company, if the closing is to be closed using a title company. For partial acquisitions, closings will be completed by the Design Builder unless the Department determines, on a case by case basis, that the Department will be responsible for the closing. In those limited cases, closings will be completed by the Department.

If the property is tenant occupied, the negotiator shall obtain a copy of the lease, security deposits and pro-rated rents. If the property is to remain occupied, a key/security deposit is to be withheld. (Said deposit shall be at least 1% of the purchase price unless otherwise approved by the Department) Notify the Department at least 5 days in advance of all closing appointments. Obtain a set of keys to the property prior to or at said closing, and confirm prior to closing that all conditions of closing have been met. The Agent is also required to complete the Property Management Tenant Occupant Form. For owner occupied property the agent must complete the Property Management Owner Occupant Form. All required forms must be included in the Acquisition File.

If the property is occupied as of the date of closing the Design Builder shall coordinate the closing with the Department's Property Management Section to insure that there will be a Department approved lease agreement prepared for execution by the occupant prior to closing. Said lease agreement will be prepared for execution by the occupant, as lessee, and the Department, as lessor.

Relocation Assistance

Legal Compliance. Provide relocation assistance strictly in accordance with the Law, including, but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; the Utah Relocation Act, as amended effective May 5, 2008; and UDOT policies and procedures as described in the UDOT Right of Way Operations Manual.

Written Notice. Provide written notice of relocation assistance and a relocation assistance brochure to all potential displaced property owners, lessees, licensees, occupants, other holders of compensable interests and other potential displacees. Base the relocation assistance brochures on the UDOT Relocation Assistance Brochure, which is available from the Department.

Interviews. Conduct relocation interviews with potential displacees, discussing general eligibility requirements, programs, and services, then complete and maintain interview forms; and with potential displacees. Maintain a written daily record of all verbal contacts in the agent's log as part of the ePM record.

Ineligible Occupants. Give written notice of the pending acquisition to any occupants believed to be ineligible for relocation assistance. Direct potential displacees to submit eligibility questions in writing to the ROW Coordinator. The ROW Coordinator will forward questions received to the UDOT ROW Coordinator with a recommended answer to each question.

Relocation Assistance. Contact and provide relocation assistance to those parties affected by the ROW acquisition and complete necessary forms for all displacees, as required. Provide sufficient advisory assistance to those actually displaced as well as to those affected by the Project in compliance with applicable regulations and UDOT Policies and Procedures. Utilize the Department standardized Right of Way Division electronic project management, (ePM) forms or forms pre-approved by the Department if those forms are not available from ePM.

Relocation Sites. Locate, evaluate, and maintain files on comparable available housing, commercial, retail, and industrial sites, and make these information files available to displaced persons or persons not displaced but who are adjacent to or affected by the project.

Supplements. Compute and submit requests for relocation payments, including Supplemental Housing Payments, rental housing supplemental housing payments to the Department, using a form with a format approved by the Department. Obtain Department approval of all relocation supplements prior to presenting relocation notices of eligibility or housing studies to the displaced person.

Relocation Eligibility Notices. Relocation assistance and Notices of Eligibility must be signed and approved by a qualified relocation agent as designated by the Design Builder. Said agents shall be pre approved by the agency. The Design Builder must obtain approval from the Department of each agent who will actually work on the project. All agents must be fully qualified to perform the duties assigned as described in the RFQ for Right of Way Relocation Services.

Inspection. Verify that all replacement housing as selected by the displacees is decent, safe, and sanitary (DS&S) Perform a decent, safe, and sanitary inspection of the selected replacement residence, using a form pre approved by the Department. No supplemental housing payments shall be released to the displaced person unless or until the replacement property has met the DS&S requirements unless expressly and specifically approved by the Department.

Moving Personal Property. For relocation of personal property from a residential property which is owner or tenant occupied, prepare a Scheduled Move cost estimate. If the displaced person elects to claim reimbursement for a commercial move, the displacee shall obtain at least two moving cost estimates from qualified, publically recognized commercial moving companies. (If needed, the agency reserves the right to have the Design Builder obtain a third bid.) The agent shall also prepare a moving plan with appropriate photographs, sketches and, as needed, an inventory of personal property to be moved. Coordinate moves with displacees and moving companies in compliance with UDOT policies and procedures, and the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended. For the relocation of personal property from a Non-Residential property the agent and the displacee are to obtain a minimum of two complete bids from qualified moving companies, unless otherwise directed by the Department.

Prior to obtaining the bids the agent shall prepare a moving plan with appropriate photographs, sketches and an inventory of all personal property, which is to be moved. This inventory should be prepared by the displacee, however, if needed; the inventory can be prepared by the agent. The agent and the displacee shall review the inventory to verify that it is accurate. Once prepared, the inventory is to be provided to the moving companies to assure that they will prepare consistent and comparable bids for the move and for all associated mechanical, electrical, plumbing and other reasonable and necessary expenses of the move.

The agent shall monitor the move. All moving expenses must be documented and pre-approved by a qualified agent and by the agency. The maximum eligible amounts should be stated on the displacee's Notice of Eligibility.

Relocation Contact Logs. Maintain relocation contact logs, also known as the agent's relocation log, in a format approved by the Department and as directed by the Department using the electronic project management (ROW ePM system). If the same agent performs the duties of the acquisition agent and relocation agent the agent's log may contain a daily record of both acquisition and relocation contacts. When the log has been completed the agent shall sign and date the log and verify that the contact report is a complete and accurate record of all contacts with the owner and or displaced persons of the subject property.

Closings and Payments. Attend all closings on replacement properties, if requested by any party involved, and ensure that supplemental payments, if any, are properly distributed. Make all residential supplemental payments, except moving expense payments payable to the title company, retained by the displaced person, for the benefit of the displaced person. All supplemental housing payments must be applied to the purchase of the qualified replacement residence only. Process and compute increased interest payments on the mortgage of owner-occupied dwellings as required. Note: Relocation payments are reimbursements of actual expenses incurred. As such, they are not to be released without proof of the qualified expenditure. Receipts and invoices must be filed once the replacement home has been purchased or rented, and the move has been completed. If funds are advanced based upon estimated expenses, any over payments must be refunded in full to the agency within 30 days of the move from the displacement property and or from the date of closing on a replacement property purchase.

For replacement housing payments, a closing statement, or HUD-1 statement, shall be submitted to the Department upon the closing of the purchase of the replacement residence.

Notices to Displacees. For Residential property: Deliver to displacees a ninety (90)-Calendar-Day Notice simultaneous with the delivery of the relocation Notice of Eligibility and the Supplemental Housing Study. The notice and the study must identify the location of the comparable property used to compute the Supplemental Housing Payment. Upon acquisition of ROW, deliver to displacees a thirty (30)-Calendar-Day notice, as applicable. If displaces have not vacated and if the parcel has been acquired, deliver to displacees a thirty-Calendar-Day letter to displace. For non residential property: Deliver to the displaced person a 90 Day Notice simultaneously with the written offer to purchase. Note that this notice is advisory only. A 30 day notice to vacate shall subsequently delivered to the displaced person when the required vacate date is known, unless the person has already vacated the displacement residence. This notice may not be sent any earlier than 60 days from the date the initial 90 day notice was delivered. All notices need to be noted, where indicated, in the UDOT ePM system (as part of the agent log). Copies of all written notices must be retained in the applicable acquisition and relocation file.

If a displacee has not moved after the thirty-Calendar-Day notice expires, immediately notify the Department's ROW Coordinator and prepare a written recommendation to facilitate the displacee's move.

Eviction Proceedings. Assist the Attorney General's office with any eviction proceedings. Serve notice of eviction proceedings to the occupant(s) of the property who have not complied with move dates. Coordinate the eviction process with the local authorities and accompany the Sheriff's Department when the local authorities are carrying out eviction.

Legal Proceedings. Be available for any legal proceedings, such as appeals or hearings.

Securing Vacant Properties. After a property acquisition and relocation, secure the dwelling and/or other structures no later than 24 hours after vacancy and protect the ROW. Coordinate with UDOT central property management and the Project ROW Coordinator for maintenance and care of properties throughout the project. The Design-Builder is responsible for maintenance and care of properties acquired by the Design-Builder for the duration of the Project.

Displacee Files. Maintain a complete file, separate from acquisition files, on each displace if appropriate and as needed. (If a separate relocation file is set up and maintained, that file must contain a copy of all pertinent information from the acquisition file, sufficient to satisfy the needs of the relocation agent, the Design Build reviewing agent, and the Project ROW coordinator or designated department review person.)

Eminent Domain Relocations. For any parcel referred to the Attorney General's office for eminent domain proceedings that has a relocation issue, Notify the AG that a relocation offer has been made. Include in the documents sent to the AG a copy of all relocation notices including the Notice of Eligibility and the 90 and or 30 Day Notices that have been delivered to the displace. Provide the Project ROW Coordinator and the AG's office any and all contacts with the displacee after the case has been submitted to the AG for condemnation.

If requested, the Utah Private Property Ombudsman may request that the relocation issues be mediated or arbitrated. And, if requested, the Ombudsman may request a second replacement housing study. If such requests are made, the Design Builder shall notify the department that these requests have been made. The Design Builder shall then comply with said requests as required by state statutes.

All correspondence to the displacees or their representative(s) will be prepared on the Design-Builder's designated letterhead and will be signed by the Design-Builder's Project ROW Relocation Specialist.

Relocation Payments. Prepare relocation payment claim submissions for all displacees and all relocation assistance benefits using prescribed and approved forms with all appropriate funding codes. Deliver to each displacee the relocation assistance payments in compliance with separation of function, conflict of interest, provisions of the UDOT ROW Operations Manual and the Uniform Relocation Act.

Last Resort Housing payments to tenants shall be released to the displaced tenant in installments if the calculated payments will be used by the tenant to supplement their rent at the replacement location unless the release of the full amount is approved by the Department on a case by case basis in compliance with the Department's Operation Manual.

19C-B.6.8 Administration and Management of Right-of-Way

Property Security, Clearance and Demolition of Right-of-Way. After acquisition or possession of any parcel of ROW: Secure and protect all buildings, improvements, and fixtures on the ROW until they are disposed of or demolished. Mow the grass, board up and winterize the buildings as required by the Department or applicable law.

Salvage Rights. First rights to salvage fixtures within an improvement that is purchased for the project shall be retained by the Department. If items are to be salvaged by the Department said salvage work shall be completed prior to the date the property is delivered to the Design Builder for demolition.

Personal Property. Coordinate with the owner and occupants to ensure the clearance of personal property from the ROW, as applicable. Provide written notification to the Department of any real and/or personal property remaining on the ROW after being vacated by the occupants that was not acquired under the acquisition. Advise displaced owner occupants of residential property, to obtain personal property insurance to be effective as of the date of closing on the sale of the subject property to UDOT until the date of vacancy from this property.

Pest Control. Provide for any insect and rodent control and initiate extermination as required to rid the ROW, as applicable, from infestations.

Governmental Approvals. Secure Governmental Approvals required for demolition and environmental surveys or tests, and notify the Department in writing of all such activities.

Documentation. Prepare necessary documentation for disposal of improvements, fixtures, and buildings in accordance with applicable laws and submit the same to the Department.

Utility Service. Terminate all utility service(s) when appropriate.

Demolition/Removal Requirements. Process all required forms, documents, and permit applications in order to proceed with the timely demolition or removal of any and all improvements, buildings, and fixtures located within the ROW, as applicable.

Improvements. Demolish and/or remove all improvements. Document the disposal of improvements, fixtures, and buildings in accordance with applicable Laws and submit documentation to the Project ROW Coordinator.

Department Notification. Notify the Department upon completion of the demolition and clearance of the ROW, as applicable.

Parcel Files. Maintain parcel records on file of all aspects of the acquisition process in accordance with applicable law. Each parcel file and ownership file or relocation file shall include all documents required by the Contract Documents, FHWA, and/or the Department.

Expense Reports. Provide monthly summaries of project expenses, including amounts authorized, amounts paid, and budget forecasting on a parcel-by-parcel and overall project basis.

Projected Funding. The DB ROW Project Coordinator will be required to update ePM (screen 740 in the ROW ePM System as applicable, with all projected ROW expenses. Posting shall be prior to the commencement of the acquisition processes. Subsequent postings will also be required if there are subsequent changes to the projected ROW budget. Provide budget projections and anticipated funding requirements every thirty (30) Calendar Days, or more frequently, as requested by the Department UDOT Project ROW Coordinator.

Status Reports. Maintain and electronically transmit to the Department, in a format acceptable to the Department, monthly status reports of all parcels and activities related to ROW, additional Properties acquisition and disposition, and acquisition and disposition of temporary easements or other property interests. Provide weekly (or as requested) updates to the Department.

Correspondence. Provide copies of all incoming and outgoing correspondence as requested. Number all correspondence in accordance with Section 1.2 "Point of Contact".

Sub-consultant Reports. Evaluate and report subcontractor status and performance to the Department monthly, or more frequently, as requested.

ROW Tracking System. Input and update parcel status in Web-based spreadsheet tracking document system or as directed by the Department, UDOT Project ROW Coordinator or the Department.

19C-B.6.9 Department Oversight, Monitoring, and Review

General. The Department or its designee may, at its discretion, review and/or monitor the ROW activities and services performed by the Design-Builder. This will be for oversight as a secondary review. Primary review shall be conducted by the Design Builder. The Department will notify the Design-Builder in writing of any Project oversight monitor or reviewer under contract with the Department. Provide any information (in addition to that specifically required elsewhere in the RFP) to the Department requested to assist in the Department's review and assessment of the progress, timeliness, adequacy, and sufficiency of the Design-Builder's ROW activities.

19C-B.6.10 Cost Responsibilities of the Department

The Department will:

ROW Costs. For each parcel of ROW, excluding the Design-Builder's Additional Properties, process and issue all approved warrants for payment of agreed purchase prices or awards, relocation assistance payments, and incidental expenses for the transfer of the ROW to the State in accordance with applicable law.

Approvals. Provide recommendations for approval of all title reports, appraisals, relocation assistance payments, administrative settlement requests, payments, and other approvals required by the Contract Documents, by the State, or by applicable law to the Department. Only the Director of Right of Way or his designee shall have approval authority for any contract, claim or other Right of Way Acquisition or Relocation payment.

Delegation of Approvals. At its discretion, delegate some or all of the approval processes, after provision to the Design-Builder of a signed notification.

Legal Support. Coordinate with the office of the Attorney General or contract condemnation counsel to provide legal counsel to file and prosecute condemnation hearings.

19C-B.6.11 Cost Responsibilities of the Design-Builder

ROW Costs. Pay the cost of, and be responsible for, processing and issuing all payments of agreed purchase prices or awards; relocation assistance payments; and all legal, administrative, and incidental expenses of or related to the Design-Builder's Additional Properties and temporary easements, or other interests in real property acquired for the Project.

19C-B.6.12 Property Fence Requirements

Regarding fences, comply with the policies and procedures of the UDOT Manual of Instruction—Right-of-Way, Part 20, as well as the 2008 UDOT Standard Specifications Section 02822 "Right of Way Fences and Gates".

Property Fencing for Public Properties:

General. To control pedestrian access to the Project from existing public facilities that are high-risk areas (particularly parks, sports facilities, schools, or any highly traveled pedestrian areas), at a minimum, construct a six-foot chain link fence with metal posts. Use normal and good engineering practices in fencing public properties to control pedestrian access to the Project, following UDOT standard plans and specifications.

Property Fencing for Private Properties

New Fencing. For fencing other than UDOT standard Right of Way fence instruct the appraisers to use the cost-to-cure format to compensate an owner of private property for a replacement fence when the ROW line leaves one or more unfenced remainder property(s) that were fenced before the taking. Base compensation for the new fencing on the same type of fence as the property owner's existing fence. Provide all UDOT standard Right of Way fence.

Agreement. When the property owner is paid through the appraisal process for the cost to rebuild the fence on the remainder property, include in the Memorandum of Agreement or the Purchase Agreement the following clause:

"It is further understood and agreed that the Grantor has been compensated for the construction of a new fence and shall be responsible for constructing the necessary fencing within thirty (30) calendar days from the date of closing. Grantor specifically understands and agrees that the fences are the property of the Grantor and they shall be liable and responsible for any reconstruction, maintenance, or adjustment with regard to such fencing."

Temporary Fencing. Make as many efforts as reasonable efforts to ensure that the Property Owners who have been compensated for fencing of the remainder properties erect the fence in accordance with the construction schedule. If necessary to maintain the construction schedule and to control unauthorized access to the ROW by livestock or the public, provide temporary fencing in cases where the Property Owner fails to fence the property within the allotted timeframe. Provide temporary fencing for all shoofly and highway easements. Place temporary fencing prior to any construction activities. Maintain all temporary fencing.

Removal of Fencing. If any existing fencing remains after the Property Owner's retention period has expired, remove the existing fences from the newly acquired ROW and pay all costs associated therewith. Remove all temporary fencing after new fencing has been placed.

Mail Service. Make as many attempts as reasonable to ensure that mail delivery to existing Property Owners is not interrupted, including installing temporary mailboxes during construction, coordinating with U.S. Postal Service mail carriers, and, after Project completion, constructing permanent mailboxes similar to the original mailboxes.

19C-B.6.13 Leaseback

General. With the approval of the Department and at the Design-Builder's option, extend a business tenant's lease or an agreement to lease back to the grantor, the grantor's land or improvements to the grantor after possession has been obtained, taking into consideration the Project schedule and the time frame in which the parcel will be needed for construction. Leaseback agreements shall be in a form approved by the Department and shall be preapproved by the Department prior to the execution of the lease agreement.

Documentation. Submit to the Department in writing substantial documentation to justify the lease extension, the amount of rent, and the termination notification clause. Subject to Department approval, negotiate the lease between the tenant and the Department, and obtain all signatures.

Tenant Liaison. Through acceptance, collect the rent from the tenant and move the tenant unless the Department retains this responsibility and or has selected a qualified Property Management company or firm responsible for this function. If applicable, deliver any and all collected rent to the UDOT Project ROW Coordinator.

Updated: 09/05/2014
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