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Office of Planning, Environment, & Realty (HEP)

AASHTO 2006 Clearinghouse Report

Fixed Amount Consultant Contracts

The Alabama Department of Transportation requested a survey of the other states regarding Consultant Contracts with Fixed Amounts for particular projects.

  1. Does your state use fixed amounts for a particular project, i.e, lump sum, fixed amount per tract, etc. for Right of Way Consultant Contracts?

  2. If you do, please supply a contact person's name and telephone number.


I just need to clarify the type of consultant services you are inquiring about. The Arizona DOThiresconsultants for R.O.W. Plans and survey work, title services, project management, and acquisition/relocation activities. My first assumption was that you are inquiring about acquisition/relocation activities. If that is correct, then please contact John Wilson, Urban Acquisition Manager, at, 602-712-7317.

For all other services noted above, please contact Henri Verdugo, Assistant Chief R/W Agent,, 602-712-8763.


  1. California does not use consultant contracts to do R/W work. Only for expert witness and goodwill appraisals.


We require each Region office to prepare an estimate of ROW costs to compare with the consultant proposal.


  1. Connecticut does not use ROW consultants.


  1. Delaware does not use a lump sum contract payment for consultants for acquisition. we have done it on appraisal work though.

  2. Mr. Eric Savage


  1. Yes.

  2. Mark D. Custer

Right of Way Consultant Program Manager 2 Capitol Square Room 403 Atlanta, Georgia 30334-1002 404-656-5774 e-mail:


  1. The Idaho Transportation Department does not utilize fixed amount contracts for any right of way activity. All of our contracts are based on bid proposals for each individual parcel. There is one exception, that being Title Insurance, which is determined for the entire project rather than each parcel.

  2. Jesse (Bill) W. Smith, Jr., Right of Way Supervisor
    Idaho Transportation Department
    Right of Way Section
    Ph. 208-334-8521


  1. Illinois has had a couple of what I would term "turn key" contracts on specifically designated projects. Neither was particularly successful. Currently we solicit proposals for "on call" contracts in which the contractor proposes a range of prices for our desired activities. Then our district offices negotiate within the ranges based on the nature and scope of the particular project and issue work orders for service delivery.

  2. Dennis Hollahan
    Richard Hunter 217-782-6243


  1. In Kansas we send out an RFP with the bids expected to be a per tract price. This would apply to Acquisition, Appraisal and Relocation services. We pay only those fee's as bid unless there are situations justifying additional payments to the consultant. Otherwise they are expected to pay their own expenses including travel and hotel.

  2. Eric G.Deitcher, Chief Compliance Officer
    Kansas Department of Transportation
    Bureau of Right of Way
    Dwight D. Eisenhower State Office Building
    700 SW Harrison St.
    Topeka, Kansas 66603-3754
    Tel: 785-291-3012


  1. Kentucky's contracts would be a fixed amount per tract or parcel, broken down into a fixedcost for each right of way function associated with that parcel.

  2. Steve Moore, Acquisition Branch Manager



  1. In Louisiana we do utilize fixed amount right-of-way consultant contracts.

  2. Lloyd Scallan


Massachusetts does not contract with ROW Consultants for a fixed price (lump sum) per parcel basis. Only certain consultant services (i.e. title examination) would be for a fixed price.


Maryland is not using consultants at this time.


Mn/DOT does not use a fixed amount for its consultant contracts.


  1. Yes. We ask consultants to submit bids on per parcel basis for projects.

  2. Tim Cooper, Assistant Division Administrator


  1. Nebraska uses a fixed amount for some ROW functions on some of our projects.

  2. Randy Needham, Right of Way Manager
    Nebraska Department of Roads


  1. Yes. NJDOT is now in the process of letting its first three full service right of way consulting contracts. They will all be based on lump sum task order agreements on a project by project basis.

  2. Walter Sharpe, Manager, Bureau of Administration


New York does not have consultant contracts for Right of Way on our on-system capital projects, although we may have to in the future and would appreciate it if you would share the results of your survey with us.

I do believe Local Public Agencies in the New York State do use R.O.W. consultants, however, we don't have any information about their contracts.


In North Carolina we do not have any type of fixed price per item (neg. appraisal or relocation). Our consultants, when they are bidding on projects, base their bids on what they feel that they can do the job for. However, we do have fixed prices for our asbestos removal and disposal, which must of the time are not included in the right of way contracts. My name is Neal Strickland, Consultant Coordinator 919-733-7694


  1. Oklahoma has used both types of compensation methods relative to our consultant contracts: lump sum and unit price (per tract).

  2. Ms. Lisa Halfacre Office Manager


  1. South Carolina contracts are based on a per parcel basis, however proposals are submitted by the consultants for each individual project and evaluated by a selection team.

  2. Oscar Rucker


  1. No.

  2. N/A.


  1. West Virgina uses Cost plus Fixed Fee.

  2. Ms. Carolyn Gorrell, Chief of Consultant Services


  1. If we read your question to mean acquisition/appraisal contracts in referring to Right of Way Consultant Contracts, then, yes we do "fixed" per parcel contracts. These are bid and awarded through our Chapter 16 purchasing statute as 'per parcel' costs with a sum total being awarded. Our Real Estate Master Contracts for other real estate services such as negotiations are also typically awarded on a 'fixed' sum, based on the 'consultants' calculations of time and costs using our a WisDOT developed Real Estate Matrix as our basis for reasonable time negotiations. If their estimate of time greatly exceeds our matrix we would negotiate them down to something closer to the matrix. So......we are interpreting these to be 'fixed' payments because we need to get prior authorization before exceeding the contract amount.

  2. Tanace Matthiesen, Real Estate Manager of Appraisal, Relocation, Property Management & Contracting
    Bureau of Technical Services

Updated: 9/5/2014
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