Right-of-Way and Utilities International Scanning Tour - 2008

Streamlining Acquisition and Utility Processes in Eminent Domain: Report of 2008 Right-of-Way and Utilities International Scanning Tour

Federal Agency UpdateLas Vegas, NevadaJanuary 28, 2010

Right-of-Way and Utilities International Scanning Tour - 2008

Today’s Topics ROWU scan recap and implementation ideas Implementation plan Alliance contracting Visualization techniques GIS-based right-of-way asset management Transportation agency/utility MOUs Professional proficiency Wrap up and Q&A




Scan Motivation

Effective transportation is essential for the economic strength of society

Most projects require some property acquisitions or impact utility facilities



Scan Goals and Objectives International Scan Goal

Explore innovative practices to better integrate ROW / Utility processes with Planning, Environmental analysis and design

International Scan Objectives Explore and analyze:

Alternative project delivery methods Long-range planning process Design process Environmental process Utility property right acquisition and accommodation Right-of-way property asset management strategies Project team, training, and professional development strategies

Team Members: Federal Highway Administration (FHWA)

Gerry Solomon, Headquarters FHWA Jeff Zaharewicz, Headquarters FHWA Dan Mathis, FHWA Washington State Division

American Association of State Highway and Transportation Officials (AASHTO)

Bimla Rhinehart, California DOT Gary Fawver, Pennsylvania DOT Ray Lorello, Ohio DOT John Campbell, Texas DOT


Team Members (continued): Private Sector

Nick Zembillas, TBE Group Ben Ward, PBS&J Engineering

Report Facilitator Cesar Quiroga, Texas Transportation Institute


Where We Went

CanberraCanberra

WellingtonWellington

SuvaSuva

DiliDili

NoumeaNoumea

Port MoresbyPort Moresby

PerthPerth

SydneySydney

AucklandAuckland

AdelaideAdelaide

BrisbaneBrisbane

SurabajaSurabajaMakassarMakassar

MelbourneMelbourne

ChristchurchChristchurch

Tropic of CapricornTropic of Capricorn

12

0E

16

0E

14

0E

20S

40S

New South Wales

South Australia

Victoria

Queensland

Northern Territory

Western Australia

Tasmania

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_̂

_̂

_̂ _̂

_̂

_̂

_̂

_̂

_̂

_̂_̂

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^̀OttawaOttawa

ReginaQuébec

Iqaluit

Toronto

HalifaxWinnipeg

Victoria

Edmonton

St. John's

Whitehorse

Yellowknife

Fredericton

Charlottetown

Québec

Ontario

Nunavut

Alberta

ManitobaSaskatchewan

British Columbia

Northwest Territories

Yukon Territory

Newfoundland and Labrador

New Brunswick

Nova Scotia

Prince Edward Island



Australia and Canada New South Wales (NSW)

Road and Traffic Authority (RTA) – Sydney Queensland

Queensland Department of Main Roads – Brisbane South Australia

Department for Transport, Energy, and Infrastructure (DTEI) - Adelaide

Victoria Roads Corporation (VicRoads) – Melbourne

Alberta Alberta Transportation – Edmonton

Ontario Ministry of Transportation (MTO) – St. Catharines

General Observations

Australia Emphasis on sound business principles Relationship-based project delivery Varied approaches to professional development Different historical basis for utility reimbursement

and access of right-of-way for some utilities Cooperative climate with property owners


General Observations

Canada Extensive framework established to control

development and preserve corridors Long-term planning for right-of-way:

“Transportation Utility Corridors” Transparent relationships with property owners



Overarching Themes

Promote non-adversarial solutions to right-of-way acquisition while respecting property rights

Improve working relationships with utility industry at all levels

Explore and promote the Alliance contract approach

Organize right-of-way and utility community to implement scan ideas


Implementation Idea Categories

Legal framework for right-of-way and utility processes Transportation project delivery methods Project development process Right-of-way acquisition Utility coordination and utility conflict management Real property management Project team strategies, training, and professional

development


Top Implementation Ideas

1. Integrate right-of-way acquisition and utility coordination in an alliance contract approach

2. Enhance cooperative relationship with property owners to facilitate timely property acquisition

3. Promote visualization techniques to communicate anticipated project impacts to property owners

4. Develop framework to establish proficiency of right-of-way and utility professionals in core disciplines

5. Promote incentive-based reimbursement for utility relocations


Top Implementation Ideas

6. Pursue strategies to facilitate corridor preservation

7. Promote use of multiple-level MOU structure among transportation and utility interests

8. Develop GIS-based right-of-way project and asset management systems

9. Promote the use of best practices in utility coordination during the construction phase



Implementation Next Steps

Scan Team Implementation Plan Captures goals, benefits, strategies, status Scan funding available for initiatives and activities:

Utility-DOT Memorandum of Understanding Synthesis Report

Peer Exchange addressing cooperative and timely property acquisition

Formation of Expert Task Group


Expert Task Group

Purpose Resource to support right-of-way and utilities

project and program initiatives Outreach and communication network to promote

scan findings and implementation ideas Liaison with other like-minded industry working

groups Monitor effectiveness of scan implementation

ideas


Next Steps…

Organize ROW/ Utility communities to implement ideas

Initiate activities quickly to keep momentum Continued outreach and information sharing

IRWA, AASHTO, TRB, etc.




Alliance Contracting

Benefits Promotes innovative project delivery Integrates “business” focus Engages ROWU stakeholders

Implementation Ideas Broad promotion at FHWA Education, Outreach, “Americanization” of concept Identification of Pilot Project and States Document and Share lessons Long term (5 year) effort


Alliance Contracting:What Sets it Apart “Best-for-the Project”

philosophy Hand Selection of

alliance members Integration of Business

Focus Sharing of benefits and

risks Engages right-of-way and

utility stakeholders effectively

Alliance Contracting: Best Scenarios Scope and project definition issues High stakeholder input likely Project size justifies Alliance start-up costs Risk management issues high Timetables are tight Innovation and improved constructability are

being sought

Alliance Contracting: Considerations

High demands on senior management

High potential for improved constructability

High potential for innovativeness

May not achieve the most competitive price for construction

Low potential for disputes/claims

Alliance Contracting: Implementation Activities

Broad promotion at FHWA Leverage opportunities Education, Outreach, “Americanization” of

concept Identification of Pilot Project and States Document and Share lessons Long term (5 year) effort



Visualization Techniques

Benefits Effective communication tool leading to less contentious

relationships with land owners Effective in expediting project delivery

Implementation Activities Advance a “state of the practice” survey Continued promotion Develop guidance for budgeting and estimating

visualization costs for project development activities



AASHTO Visualization Survey



Continued Promotion of Visualization Techniques 2006 Domestic Scan: Best Practices in Right-of-Way

Acquisition and Utility Relocation Minnesota Right-of Way Visualization

2007 Visualization Case Studies: Volpe Center for FHWA Office of Interstate and Border Planning

2009 Applications of 3-D Visualization: FHWA Office of Interstate and Border Planning



Guidance FHWA Office of Real Estate Services Research

Study Techniques most suitable for using visualization Compare and contrast methods for effectiveness and cost Best practices for right-of-way acquisition Cost data Report

FHWA web-based “one-stop shop”




GIS-Based Right-of-Way Asset Management Systems

Benefits Effective planning tool Efficiencies to property management staff Better data exchange between stakeholders

Implementation Activities Implement results of recent research projects Develop national standards for real property asset depiction Pilot a GIS-based property management system


GIS-Based Right-of-Way Asset Management Systems Australian Practices

Land titles are Torrens titles NSW: 51,000 parcels in Property Information

Management System (PIMS) South Australia: GIS application depicts location

of land that may be affected by future corridors Victoria: GIS-based system that enables long-

term management of right-of-way assets


GIS-Based Right-of-Way Asset Management Systems Canadian Practices

Alberta Building and Land Inventory Management System

(BLIMS) Land Automated Information System (LAIS) Spatial Information System (SPIN 2)


GIS-Based Right-of-Way Asset Management Systems [Cesar: Please insert slides here … ]

Parcel owned by VicRoads Road owned by VicRoads

Not owned by VicRoads Road surrendered to Melbourne City Link Authority

Sold by VicRoads

GIS-Based ROW Asset Management Systems Early identification of

corridors, registration with the Registrar of Titles, and production of public acquisition overlays


GIS-Based Right-of-Way Asset Management Systems Standards for depiction of real property

FGDC Cadastral Data Content Standard Cadastral data Parcel Rights and interests Restrictions

Cadastral National Spatial Data Infrastructure (NSDI) Vendor-driven parcel data models Need to develop up-to-date national standard


GIS-Based Right-of-Way Asset Management Systems Recent/Current Initiatives

NCHRP 8-55A “Logical Model for a Geo-Spatial Right-of-Way Land Management System”

TxDOT Research Project 0-5788 “Right-of-Way Real Property Asset Management Architecture”

NCHRP 20-84 “Improved Right-of-Way Procedures and Business Practices”

Implementation idea: Pooled fund project to test a GIS-based property asset management system




Note: Blue represents TxDOT ownership; yellow represents ownership by others.


Transportation Operations Group

6: Develop Prototype GIS-Based ROW Asset Data Platform



Multiple-level MOU Structures

Benefits Potential to optimize relationships Improves programmatic and project-specific

operations Implementation Activities

Compare Australian models to any existing U.S. corollaries

Develop template language Pilot MOU at a DOT and Utility Continue education and outreach


Multiple-level MOU Structures:Completed Implementation ActivitiesSynthesis Report Compares Australian models to any existing

U.S. corollaries Establishes of template MOU language Identifies of candidate pilot DOTs Suggests steps for successful

implementation by DOTs


Department of Main Roads (Queensland) and EnergexRelationship Issues Differing design priorities Environmental concerns Planning inconsistencies Cost estimating uncertainties Project delays Differing organizational protocols


Main Roads and Entergex:

High-Level MOU focus areas Corridor planning, Access and Infrastructure

Design Construction and Maintenance


Main Roads and Energex:

Second-Tier priorities Utility asset-management programs Pole safety programs Visual cost-estimating tools


Main Roads and Energex:Outcomes Achieved Higher levels of trust Roles & responsibilities more clearly defined Objectives benefit both parties Open sharing of confidential information Improved cost estimating Organizational time and cost savings


Australian and American Agreements:Similarities and Differences “Communicate, Coordinate, Collaborate”

goals align Australia’s agreements originate at higher

organizational level American agreements focus on access and

reimbursement Compliance expectations differ


Multiple-level MOU Structures:Upcoming Implementation Activities

Transmission of Final MOU Report Development of effectiveness metrics Peer Exchange with pilot states Progress monitoring to AASHTO, FHWA,

industry




Professional Proficiency

Benefits Focuses on staff retention and discipline expertise

issues that affect all agencies and organizations Implementation Activities

Monitor status of related efforts Assess existing courses (e.g., NHI) Develop coursework lists Develop formal curricula Establish staff exchange programs



Summary of Findings Strong emphasis on continual training and

professional development Most training at the project level Succession planning has renewed focus DOT/property owner relationships a key factor



Australia University programs for property valuers (appraisers) Curriculum focus on business/real estate/law courses Australian Property Institute



Australia: New South Wales NSW valuers must register with Office of Fair Trade NSW Streets Opening Conference pilot training

program Utility relocation training Module training by utility type Plan reading Formal accreditation process for utility location

services



Australia: Victoria VicRoads International Export of professional services Management and consultancy services in 25

countries Opportunity to work abroad and promote growth Higher employee retention Recruiting strategy



Canada: Alberta Outsourcing of most ROW services Retaining more work internally to train future

managers Active participation in Appraisal Institute of Canada

and IRWA Alberta Expropriation Association Olds College – 2 year land agent program



Canada: Ontario Most right-of-way work outsourced, except

acquisition Retaining more work internally to train future

managers/leaders Retention and professional development includes

flexibility and training



Implementation Ideas Develop standard education framework Don’t let the knowledge get away Collaborative effort to right-of-way training



Ongoing Training Initiatives FHWA

Web-based training tool for Realty Officers Web-based Realty Capacity Building (RCB) Navigator http://www.fhwa.dot.gov/navigator.aspx Learning and Development Seminar Working with NHI, IRWA, AASHTO, and others to

enhance training options


http://www.fhwa.dot.gov/navigator.aspx


Ongoing Training Initiatives IRWA

URA Certification Ongoing course updates

NHI Course updates

AASHTO Professional development committee to study

proficiency requirements Users of right-of-way services education




Summary of Other Top Implementation Recommendations


Enhancing Cooperative Relationships with Property Owners

Benefits Acquisition processes occur more effectively Earlier acquisition leads to earlier project completion

Implementation Ideas Assess and capture current practices Conduct cost-benefit analyses of practices Develop education and training materials for ROW

professionals and property owners


Promote Incentive-Based Reimbursement for Utility Relocations Benefits

Potential expedition of project delivery Promotes close transportation-utility coordination

Implementation Activities Synthesis study for current practice Establish legislative template/model Pilot concept at DOTs


Pursue Strategies to Facilitate Corridor Preservation Benefits

Environmentally-friendly approach Cost-effective

Implementation Activities Establish protocols Promote mechanisms for earlier acquisition Facilitate information exchanges among all stakeholders


Promote Best Practices in Utility Coordination During Construction Benefits Reduced risk of contract modifications Enhanced project delivery More effective application of agency/utility resources

Implementation Activities Distribute information on state-of-the-practice Synthesize information on best practices Update AASHTO Utility Guidelines


Success

Testing and Implementation of Ideas To Improve Integration of ROW / Utilities in

Project Development and Delivery



For Additional Information: Scan Report

Executive Summary available at:

http://www.fhwa.dot.gov/realestate/scans/rowutilint08.htm

Final Report available at:

http://international.fhwa.dot.gov/pubs/pl09011/

http://www.fhwa.dot.gov/realestate/scans/rowutilint08.htm

http://international.fhwa.dot.gov/pubs/pl09011/

Questions or Comments?


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Right-of-Way and Utilities International Scanning Tour - 2008

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